Procaps S.A. v. Patheon Inc. et al
| Procaps S.A. |
| Patheon Inc., Sobel USA, Inc., Banner Pharmacaps Europe B.V., Sofgen Pharmaceuticals LLC and Originates, Inc. |
| John M. Barkett |
| Big River Investment Corpo., Direct Resources, Inc., Fundacion Procaps Inc., Health Asure, Inc., M.G. Adhesives, Inc., M.R.S.J. Inc., RJR Products Group Ltd., Inc., Scapolite of Florida, Inc., Shumode, Inc., Suncoast Laboratories, Inc., Western Vitamins and Health Products, Inc., Nature's Products Real Estate Holding Company, LLC, Rainbow Light Real Estate Holding Company, LLC, Nutri-Health Direct Real Estate Holding Company, LLC, Wellnext Direct, LLC, Pharmainvest, Inc., Micuica Management LLC, Teamwork Agency, LLC, Pacific Holdco, Inc., Balouarte, Inc., Pame Holdings, LLC, Health Products Holdings, LLC, Lake Point Investments Of NC, LLC, JPMorgan Chase Bank, N.A., Severe Paintball, L.C., Jose Minski, Meyer Minski and Ruben Minski |
| 1:2012cv24356 |
| December 10, 2012 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade |
| Jonathan Goodman |
| Anti-Trust |
| 15 U.S.C. § 0025 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 11, 2019. A more recent docket listing may be available from PACER.
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Filing 1541
ORDER on Stipulation for Dismissal With Prejudice. The Court dismisses with prejudice all claims and causes of action. All pending motions are denied as moot and the Clerk of Court is directed to close this case. Signed by Magistrate Judge Jonathan Goodman on 1/11/2019. See attached document for full details. (km03)
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Filing 1540
Joint STIPULATION of Dismissal with prejudice by Procaps S.A. (Salner, Craig) Modified Text on 1/9/2019 (ls).
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Filing 1539
SATISFACTION OF JUDGMENT re #1167 Order by Patheon Inc. (Elegant, Justin)
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Filing 1538
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Fundacion Procaps Inc. Signed by Magistrate Judge Jonathan Goodman on 1/4/2019. See attached document for full details. (km03)
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Filing 1537
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Nature's Products, Inc. Patheon is instructed to provide notice to the Court of any additional Writs it seeks to dissolve by Monday, January 7, 2019, at 5:00 p.m. Signed by Magistrate Judge Jonathan Goodman on 1/4/2019. See attached document for full details. (km03)
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Filing 1536
Unopposed MOTION to Expedite to Dissolve Writ of Garnishment by Patheon Inc.. (Attachments: #1 Exhibit Proposed Order)(Elegant, Justin)
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Filing 1535
Unopposed MOTION to Expedite to Dissolve Writ of Garnishment by Patheon Inc.. (Attachments: #1 Exhibit Proposed Order)(Elegant, Justin)
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Filing 1534
ORDER Dissolving Writ of Garnishment and Discharging Meyer Minski. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1533
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Joel Minski. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1532
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Jack Minski. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1531
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Jose Minski. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1530
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Wellnext Direct, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1529
ORDER Dissolving Writ of Garnishment and Discharging Nature's Products Real Estate Holding Company, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1528
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Rainbow Light Real Estate Holding Company, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1527
ORDER Dissolving Writ of Garnishment and Discharging Nutri-Health Direct Real Estate Holding Company, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1526
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Rainbow Light Nutritional Systems, Inc. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1525
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Iceland Health, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1524
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Champion Performance Products, Inc. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1523
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Wellnext, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1522
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Balouarte, Inc. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1521
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Pame Holdings LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1520
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Sofgen Pharmaceuticals LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1519
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Originates, Inc. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1518
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Ruben Minski. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1517
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Big River Investment Corp. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1516
ORDER Dissolving Writ of Garnishment and Discharging Garnishee Mucuica Management LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
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Filing 1515
Unopposed EXPEDITED MOTION to Dissolve Writs of Garnishment by Patheon Inc.. (Attachments: #1 Micuica Mgmt Proposed Order, #2 Big River Proposed Order, #3 Ruben Minski Proposed Order, #4 Originates Proposed Order, #5 Sofgen Proposed Order, #6 Pame Holdings Proposed Order, #7 Balouarte Inc. Proposed Order, #8 Wellnext LLC Proposed Order, #9 Champion Performance Products Proposed Order, #10 Iceland Health Proposed Order, #11 Rainbow Light Nutritional Systems Proposed Order, #12 Nutri-Health Direct Real Estate Proposed Order, #13 Rainbow Light Real Estate Holding Proposed Order, #14 Nature's Products Real Estate Holding Proposed Order, #15 Wellnext Direct Proposed Order, #16 Jose Minski Proposed Order, #17 Jack Minski Proposed Order, #18 Joel Minski Proposed Order, #19 Meyer Minski Proposed Order)(Elegant, Justin)
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Filing 1514
Notice that on 5/23/18, a courier sent by Carlton Fields picked up the CD that contained the firm's redacted and unredacted billing statements. Therefore, as of that date, chambers is no longer in possession of this CD. (jf00)
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Filing 1513
Appeal Record Returned from USCA (Miami/Records): Consisting of (1) Accordian Folder Containing de# 238,249 and 889 #1178 Notice of Appeal, USCA # 17-14147-HH (hh)
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Filing 1512
ORDER of Dismissal of USCA, pursuant to Appellant Procaps S.A.'s motion for voluntary dismissal, this appeal was dismissed on April 30, 2018 as to #1178 Notice of Appeal, filed by Procaps S.A., USCA # 17-14147-HH (hh)
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Filing 1510
ORDER granting #1509 Motion to Seal the Settlement Agreement. The Settlement Agreement should remain sealed permanently. Signed by Magistrate Judge Jonathan Goodman on 4/27/2018. (jf00)
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SYSTEM ENTRY - Docket Entry 1511 [misc] restricted/sealed until further notice. (1174485)
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Filing 1509
Joint MOTION to Seal Settlement Agreement per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Gaukroger, Gavin)
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Filing 1508
STATUS REPORT : Joinder to Joint Status Report [D.E. No. 1507], by Sofgen Pharmaceuticals LLC (Solomon, Steven)
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Filing 1507
STATUS REPORT (Joint) by Procaps S.A. (Salner, Craig)
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Filing 1506
ENDORSED ORDER requiring the parties to, by April 13, 2018, file a joint status report concerning the post-judgment collection proceedings. The status report should indicate whether the Court needs to (or should, even if not technically required) hold a jury trial, a non-jury trial, an evidentiary hearing or another type of hearing for any of the post-judgment actions Patheon has taken. If the parties disagree about what is needed or preferred, then they shall state each side's position. In addition, to the extent that any trial or hearing involves a third party (e.g., a garnishee), then the third party's position should be noted, as well. And if a third party, such as a garnishee, is represented by counsel, then the joint status report shall so state. Signed by Magistrate Judge Jonathan Goodman on 4/2/2018. (jf00)
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Filing 1505
REPLY to #1485 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
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Filing 1504
ENDORSED ORDER denying as moot 1426 Patheon's Motion for Order to Show Cause against the Carlton Fields law firm. Signed by Magistrate Judge Jonathan Goodman on 3/7/2018. (JG)
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Filing 1503
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Jack Minski and Certificate of Service (Elegant, Justin)
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Filing 1502
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Joel Minski and Certificate of Service (Elegant, Justin)
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Filing 1501
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Wellnext LLC and Certificate of Service (Elegant, Justin)
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Filing 1500
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Nature's Products, Inc. and Certificate of Service (Elegant, Justin)
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Filing 1499
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Sofgen Pharmaceuticals LLC and Certificate of Service (Elegant, Justin)
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Filing 1498
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Originates, Inc. and Certificate of Service (Elegant, Justin)
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Filing 1497
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Ruben Minski and Certificate of Service (Elegant, Justin)
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Filing 1496
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Meyer Minski and Certificate of Service (Elegant, Justin)
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Filing 1495
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Jose Minski and Certificate of Service (Elegant, Justin)
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Filing 1494
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Wellnext Direct, LLC and Certificate of Service (Elegant, Justin)
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Filing 1493
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Rainbow Light Real Estate Holding Company, LLC and Certificate of Service (Elegant, Justin)
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Filing 1492
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Rainbow Light Nutritional Systems, Inc. and Certificate of Service (Elegant, Justin)
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Filing 1491
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Pame Holdings, LLC and Certificate of Service (Elegant, Justin)
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Filing 1490
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Nutri-Health Direct Real Estate Holding Company, LLC and Certificate of Service (Elegant, Justin)
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Filing 1489
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Micuica Management LLC and Certificate of Service (Elegant, Justin)
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Filing 1488
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Fundacion Procaps Inc. and Certificate of Service (Elegant, Justin)
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Filing 1487
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Bigriver Investment Corp. and Certificate of Service (Elegant, Justin)
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Filing 1486
NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Balouarte, Inc. and Certificate of Service (Elegant, Justin)
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Filing 1485
ANSWER to Writ of Garnishment by Ruben Minski. Reply/Objections to Writ Answer due by 3/26/2018. (Salner, Craig)
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Filing 1484
Redacted Transcript of Discovery Hearing held on October 7, 2013, before Magistrate Judge Jonathan Goodman, 1-188 pages, re: #147 Transcript, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. (le)
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Filing 1483
AFFIDAVIT/DECLARATION signed by : Ana Cortez. re #1472 Order by Sofgen Pharmaceuticals LLC (ls)
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Filing 1482
NOTICE of Filing Original Declaration of Ana Cortez in Response to Notice to Appear by Sofgen Pharmaceuticals LLC re #1472 Order (ls)
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Filing 1481
DEMAND for Trial by Jury by Sofgen Pharmaceuticals LLC (Craig, Ted)
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Filing 1480
Answer, Affirmative Defenses, and Jury Demand to #1472 Order In Response to Notice to Appear by Sofgen Pharmaceuticals LLC. (Craig, Ted)
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Filing 1479
NOTICE of Compliance by Patheon Inc. re #1472 Order (Elegant, Justin)
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Filing 1478
NOTICE by Procaps S.A. re #1468 Notice of Compliance, 1459 Order on Motion to Seal,,, 1475 Order on Motion for Leave to File, #1476 Response/Reply (Other) of Re-Designation of Documents (Salner, Craig) Modified Text on 2/8/2018 (ls).
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Filing 1477
NOTICE by Patheon Inc. re #1469 Order (Elegant, Justin)
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Filing 1476
RESPONSE to #1468 Notice of Compliance by Patheon Inc.. (Elegant, Justin)
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Filing 1475
ENDORSED ORDER granting #1470 Patheon's Motion for Leave to File a two-page response (excluding signatures and certificate of service) to Procaps' notice #1468 . Signed by Magistrate Judge Jonathan Goodman on 2/6/2018. (jf00)
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Filing 1474
Acknowledgment of Receipt of ROA from USCA re #1178 Notice of Appeal, filed by Procaps S.A.. Date received by USCA: 1/18/18. USCA Case Number: 17-14147-H. (hh)
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Filing 1473
TRANSCRIPT of Hearing Proceedings held on 2/1/18 before Magistrate Judge Jonathan Goodman, 1-49 pages, re: #1178 Notice of Appeal, Court Reporter: Bonnie J. Lewis, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2018. Redacted Transcript Deadline set for 3/9/2018. Release of Transcript Restriction set for 5/7/2018. (Attachments: #1 Designation Access Form)(hh)
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Filing 1472
Notice to Appear to Sofgen Pharmaceuticals LLC. Signed by Magistrate Judge Jonathan Goodman on 2/6/2018. (jf00)
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Filing 1471
OMNIBUS ORDER on #1396 , #1436 , and 1445 Patheon's Motions for Proceedings Supplementary and to Implead Sofgen Pharmaceuticals LLC. Signed by Magistrate Judge Jonathan Goodman on 2/6/2018. (jf00)
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Filing 1470
MOTION for Leave to File a Short Response to Procaps' Notice of Compliance by Patheon Inc.. (Elegant, Justin)
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Filing 1469
Post-Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 2/2/2018. (jf00)
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Filing 1468
NOTICE of Compliance by Procaps S.A. re 1459 Order on Motion to Seal,,, (Attachments: #1 Exhibit A) (Salner, Craig)
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Filing 1467
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Miscellaneous Hearing held on 2/1/2018. Total time in court: 1 hour(s) : 10 minutes. Attorney Appearance(s): Eduardo Rene Robayna, Spencer Hal Silverglate, Michael J. Klisch, Justin B. Elegant, Robert T. Cahill, Craig Salner, (Digital 14:31:01) (mso)
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Filing 1466
ENDORSED ORDER granting Patheon's Motion #1465 and premitting non-participating lead counsel, Michael J. Klisch, to listen to today's hearing on Patheon's Motion for Proceedings Supplementary to Compel Assignments of Intellectual Property (hearing) by telephone. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. However, Mr. Klisch shall not present any argument at the hearing -- Mr. Klisch's participation is limited to listening. Only Patheon's counsel that is attending the hearing in person may orally advocate on Patheon's behalf. In addition, if the phone connection is lost, then the Court will not take time away from the hearing to resolve such technical difficulties. Signed by Magistrate Judge Jonathan Goodman on 2/1/2018. (jf00)
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Filing 1465
Defendant's MOTION to Allow Non-Participating Counsel, Michael J. Klisch, to Listen to the February 1, 2018 Hearing by Telephone re 1464 Endorsed Order, Set/Reset Hearings,, by Patheon Inc.. (Gaukroger, Gavin) Modified Text on 2/1/2018 (ls).
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Filing 1464
ENDORSED ORDER. Based on an unavoidable and last minute scheduling conflict, the Court is resetting the hearing on Patheon's motion for proceedings supplementary to compel assignments of intellectual property [ECF No. 1396] to 2/1/2018 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. **DATE CHANGE ONLY** Signed by Magistrate Judge Jonathan Goodman on 1/30/2018. (jf00)
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Filing 1463
REPLY to #1436 MOTION for Proceedings Supplementary and to Implead Sofgen Pharmaceuticals LLC (Redacted Version) by Patheon Inc.. (Elegant, Justin)
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Filing 1462
Notice of Supplemental Authority re 1453 Endorsed Order,,, by Procaps S.A. (Salner, Craig)
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Filing 1461
Notice of Supplemental Authority re 1453 Endorsed Order,,, by Patheon Inc. (Elegant, Justin)
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Filing 1459
ENDORSED ORDER granting #1458 Procaps' Motion to Seal its Response to the Motion for Proceedings Supplementary and to Implead Sofgen Pharmaceuticals LLC. However, the mere fact that a party designates a document as "Highly Confidential" does not mean that Local Rule 5.4's requirements for filing documents under seal have been met. For now, Procaps may file the memorandum under seal, but the party who designated the documents attached, or information discussed, as "Highly Confidential" shall by February 2, 2018 file a memorandum explaining WHY it deserves this treatment and why it should be permitted as an under-seal submission. Signed by Magistrate Judge Jonathan Goodman on 1/26/2018. (jf00)
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Filing 1458
Unopposed MOTION to Seal Response to Motion for Proceedings Supplementary and to Implead Sofgen Pharmaceuticals LLC per Local Rule 5.4 by Procaps S.A.. (Attachments: #1 Text of Proposed Order) (Salner, Craig)
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SYSTEM ENTRY - Docket Entry 1460 [misc] restricted/sealed until further notice. (935985)
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Filing 1456
NOTICE of Compliance With Endorsed Order by Carlton Fields Jorden Burt, P.A. re 1450 Endorsed Order,, (Cohen, Jeffrey)
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SYSTEM ENTRY - Docket Entry 1457 [misc] restricted/sealed until further notice. (nc)
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Filing 1455
TRANSCRIPT of telephonic hearing held on 1-22-2018 before Magistrate Judge Jonathan Goodman, 1-21 pages, Court Reporter: Dawn Savino 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/13/2018. Redacted Transcript Deadline set for 2/23/2018. Release of Transcript Restriction set for 4/23/2018. (dwh)
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Filing 1454
REPLY to #1414 Answer to Writ of Garnishment by Patheon Inc.. (Attachments: #1 Exhibit A - Writ of Garnishment, #2 Exhibit B - Return of Service, #3 Exhibit C - Answer to Writ of Garnishment)(Elegant, Justin)
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Filing 1453
ENDORSED ORDER Post-Status Conference. The Hearing scheduled for 1/31/2018 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman will occur as scheduled. Sofgen's counsel is permitted to attend the hearing but is not permitted to argue at the hearing. If the parties seek to rely on authority at the hearing, not cited in their papers, then, by January 29, 2018, they may submit a "notice of supplemental authorities," which will list the new authorities. But this list will not contain argument or be a disguised memorandum. At most, the list of authorities may contain a one-sentence, objective summary of the relevant holding of each case or authority. The Court will strike any non-compliant notice of authorities. Signed by Magistrate Judge Jonathan Goodman on 1/23/2018. (jf00)
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Filing 1452
NOTICE of Compliance Additional Compliance by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
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Filing 1451
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Conference held on 1/22/2018. (Digital 16:31:47) (mso)
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Filing 1450
ENDORSED ORDER. On January 19, 2018, the Undersigned received by hand delivery from Procaps' counsel a CD containing the redacted and unredacted billing statements. Based on the cover letter, however, the Undersigned is unsure about whether Procaps also filed the original CD (or a copy of the CD) under seal with the Clerk's Office. If Procaps has not also filed the CD under seal with the Clerk's Office, then it shall do so by January 26, 2018. Signed by Magistrate Judge Jonathan Goodman on 1/22/2018. (jf00)
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Filing 1449
REPLY to Response to Motion re #1396 Defendant's MOTION for Proceedings Supplementary to Compel Assignments of Intellectual Property re #1167 Order filed by Patheon Inc.. (Elegant, Justin)
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Filing 1448
ENDORSED ORDER granting #1446 Carlton Fields' Motion for Clarification and permitting Carlton Fields to comply with the Court's Post Discovery Hearing Administrative Order [ECF No. 1395] by submitting to the Court by tomorrow, a CD containing the redacted versions provided to Patheon's counsel and an unredacted version of the complete documents with the redactions highlighted. Signed by Magistrate Judge Jonathan Goodman on 1/18/2018. (jf00)
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Filing 1447
ENDORSED ORDER setting a Telephone Conference for January 22, 2018 at 4:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. This hearing concerns Patheon's sealed motion [ECF No. 1445], copies of which Patheon advised have been served on counsel for Procaps and Sofgen. Counsel for Procaps, Patheon and Sofgen shall participate in the telephone hearing and shall be prepared to discuss a briefing schedule for Patheon's recent motion [ECF No. 1445] and whether that motion should be added to the agenda for the January 31, 2018 hearing (2:30 p.m.) already scheduled on another Patheon motion concerning proceedings supplementary. Procaps and Sofgen should start preparing their written responses to the motion [ECF No. 1445] now, in case the Court decides to consider this motion at the January 31, 2018 hearing. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. Signed by Magistrate Judge Jonathan Goodman on 1/18/2018. (jf00)
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Filing 1446
Amended MOTION for clarification of Order by Carlton Fields Jorden Burt, P.A.. Responses due by 2/1/2018 (Cohen, Jeffrey)
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Filing 1444
NOTICE of Compliance Additional Compliance by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
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Filing 1443
ENDORSED ORDER striking #1439 Carlton Fields' Motion for Clarification based on its failure to comply with Local Rule 7.1. Signed by Magistrate Judge Jonathan Goodman on 1/17/2018. (jf00)
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Filing 1442
ENDORSED ORDER granting #1417 the Motion to Seal Patheon's Motion for Proceedings Supplementary to Implead Sofgen Pharmaceuticals LLC. Signed by Magistrate Judge Jonathan Goodman on 1/17/2018. (jf00)
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SYSTEM ENTRY - Docket Entry 1445 [motion] restricted/sealed until further notice. (787651)
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Filing 1440
NOTICE of Compliance with Paragraphs 2 and 3 of Post Discovery Hearing Administrative Order by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
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Filing 1439
MOTION for clarification #1395 Order by Carlton Fields Jorden Burt, P.A.. Responses due by 1/30/2018 (Cohen, Jeffrey)
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Filing 1438
RESPONSE TO ORDER TO SHOW CAUSE re 1433 Endorsed Order,,, by Sofgen Pharmaceuticals LLC. (Solomon, Steven)
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Filing 1437
NOTICE of Compliance With Court Order by Procaps S.A. re 1435 Endorsed Order, Set/Reset Hearings,,,,,,,,,,,, (Silverglate, Spencer)
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Filing 1441
Clerks Notice to Filer re 1432 Sealed Document. Document Not Captioned; In the future when filing a Sealed Document the Filer must File a Notice of Filing with the attached Exhibits with the proper caption pursuant to Local Rules. It is not necessary to refile this document. (nc)
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Filing 1436
MOTION for Proceedings Supplementary and to Implead Sofgen Pharmaceuticals LLC (Redacted Version) by Patheon Inc.. (Elegant, Justin)
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Filing 1435
ENDORSED ORDER scheduling a Hearing on 1/31/2018 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. This hearing will be on Patheon's motion for proceedings supplementary to compel assignments of intellectual property [ECF No. 1396]. In addition, Procaps shall, by January 18, 2018, file a written estimate of how long it anticipates the evidentiary hearing it requested in its response [ECF No. 1430] would last, assuming it covered all the issues listed on pages 14 and 15 of its response. Also, Patheon shall, in its optional reply in further support of its motion for proceedings supplementary, give its position on Procaps' request for an evidentiary hearing and on Procaps' estimate for the hearing's duration and the topics it flagged for the evidentiary hearing. Patheon may also list any additional issues it believes should be discussed at an evidentiary hearing (even if it opposes the concept of an evidentiary hearing). Patheon will not waive its objection to an evidentiary hearing by advising, in the alternative, of additional topics to be covered if the Court were to reject a no-hearing position. The Court understands that a Patheon reply is technically only an option, but historical reality renders that theoretical possibility a virtual nullity, as the Undersigned considers it highly unlikely that Patheon will forego its opportunity to file a permissible, non-mandatory reply. Signed by Magistrate Judge Jonathan Goodman on 1/12/2018. (jf00)
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Filing 1434
AMENDED ENDORSED ORDER. The Undersigned's previous ENDORSED ORDER [ECF No. 1425] is modified as follows: Carlton Fields' deadline is now January 16, 2018. The Court is modifying this deadline because January 15, 2018 is a federal holiday. The rest of [ECF No. 1425] remains in effect. Signed by Magistrate Judge Jonathan Goodman on 1/12/2018. (jf00)
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Filing 1433
ENDORSED ORDER TO SHOW CAUSE. The Court's ENDORSED ORDER [ECF No. 1418] required "Sofgen Pharmaceuticals LLC's counsel to, by January 10, 2018, file a notice indicating whether Sofgen opposes Patheon's motion to seal its motion for proceedings supplementary." To date, no notice has been filed. Accordingly, Sofgen's counsel shall, by Tuesday, January 16, 2018, file a response explaining why this Court's ENDORSED ORDER was violated. By that same deadline, Sofgen's counsel shall also file the notice in compliance with [ECF No. 1418]. In addition, Patheon's counsel shall, by the end of today's business day, serve a copy of this ENDORSED ORDER TO SHOW CAUSE on Sofgen's counsel by email. Signed by Magistrate Judge Jonathan Goodman on 1/12/2018. (jf00)
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Filing 1431
NOTICE by Carlton Fields Jorden Burt, P.A. re #1395 Order of Filing Under Seal Copies of Retainer Agreement (Cohen, Jeffrey)
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Filing 1430
RESPONSE in Opposition re #1396 Defendant's MOTION for Proceedings Supplementary to Compel Assignments of Intellectual Property re #1167 Order filed by Procaps S.A.. Replies due by 1/19/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Salner, Craig)
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Filing 1429
NOTICE of Compliance Partial Compliance with Paragraph 2 of Post Discovery Hearing Administrative Order by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
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Filing 1428
NOTICE of Compliance With Paragraph 1 of Post Discovery Hearing Administrative Order by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
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Filing 1427
Clerks Notice to Filer re #1423 Response in Opposition to Motion,. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls)
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Filing 1425
ENDORSED ORDER granting in part and denying in part #1422 Carlton Fields' Motion for Extension of Time. The Undersigned will provide a slight enlargement of time -- up to and including January 15, 2018.The Undersigned notes that Carlton Fields advised of its intent to provide billing records on a redacted basis and to file under seal the unredacted records (so that the Undersigned may review them in camera). Regardless of whether Carlton Fields or Procaps' current law firm (or both) makes the decisions about which portions, if any, to redact, those redactions may be only for attorney-client, work product, trade secret or other legitimate basis. If the Court determines that there has been over-redaction or inappropriate redaction, then I will order immediate production of those improperly redacted portions and will consider a fee-shifting award against both law firms and/or individual lawyers at both law firms.One final point:Patheon contends that Procaps and their current counsel and Carlton Fields have been engaged in an intentional strategy of delay in connection with Patheon's efforts to obtain discovery for its post-judgment collection efforts. Without making a finding about whether this theory is in fact correct, the Undersigned is providing notice that any delay or stalling in response to legitimate discovery efforts from this point forward will be unacceptable and will be addressed appropriately and directly.Enough said about that. My message should be clear. But, in case it is not, here it is in layman's terms: No shenanigans. Period. End of discussion. Signed by Magistrate Judge Jonathan Goodman on 1/12/2018. (JG)
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Filing 1424
NOTICE of Compliance re: Service of Endorsed Order [DE 1418] on Counsel for Sofgen Pharmaceuticals LLC by Patheon Inc. (Gaukroger, Gavin)
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SYSTEM ENTRY - Docket Entry 1432 [misc] restricted/sealed until further notice. (522335)
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Filing 1426
MOTION for Order to Show Cause for Carlton Fields' Violation of the Court's December 22, 2017 Order by Patheon Inc.. (ls)(See Image at DE #1423)
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Filing 1423
RESPONSE in Opposition re #1422 MOTION for Extension of Time to Comply with Paragraphs 2 and 3 of Post Discovery Hearing Administrative Order and Notice of Partial Compliance re #1395 Order filed by Patheon Inc.. Replies due by 1/18/2018. (Attachments: #1 Exhibit Exhibit 1)(Gaukroger, Gavin) Modified to add missing event 1426 motion to show cause on 1/12/2018 (ls).
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Filing 1422
MOTION for Extension of Time to Comply with Paragraphs 2 and 3 of Post Discovery Hearing Administrative Order and Notice of Partial Compliance re #1395 Order by Carlton Fields Jorden Burt, P.A.. Responses due by 1/25/2018 (Cohen, Jeffrey)
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Attorney Chris S. Coutroulis; David Lanier Luck; Gary Michael Pappas; Alan Rosenthal; Donald R. Schmidt; Charles Woodward Throckmorton, V; D Matthew Allen and Natalie Jessica Carlos terminated. (ls) (per DE #1421)
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Filing 1421
ENDORSED ORDER granting #1419 the Unopposed Motion to Withdraw as Attorney. The Law Firm Carlton Fields Jorden Burt, P.A., as well as Natalie Jessica Carlos, Chris S. Coutroulis, David Lanier Luck, Gary Michael Pappas, Robert Wayne Pass, Alan Rosenthal, Donald R. Schmidt, and Charles Woodward Throckmorton are hereby withdrawn as Procaps' counsel. Signed by Magistrate Judge Jonathan Goodman on 1/10/2018. (jf00)
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Filing 1420
CERTIFICATE OF SERVICE by Patheon Inc. re #1414 Answer to Writ of Garnishment (Elegant, Justin)
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Filing 1419
Unopposed MOTION to Withdraw as Attorney by D. Matthew Allen, Natalie Jessica Carlos, Chris S. Coutroulis, David Lanier Luck, Gary Michael Pappas, Robert Wayne Pass, Alan Rosenthal, Donald R. Schmidt, Charles Woodward Throckmorton, V. by Procaps S.A.. Responses due by 1/24/2018 (Rosenthal, Alan)
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Filing 1418
ENDORSED ORDER requiring Sofgen Pharmaceuticals LLC's counsel to, by January 10, 2018, file a notice indicating whether Sofgen opposes Patheon's motion to seal its motion for proceedings supplementary. Patheon's counsel shall, by the end of today's business day, serve a copy of this ENDORSED ORDER on Sofgen's counsel by email. Signed by Magistrate Judge Jonathan Goodman on 1/8/2018. (jf00)
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Filing 1417
MOTION to Seal Motion For Proceedings Supplementary And To Implead Sofgen Pharmaceuticals LLC per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order) (Gaukroger, Gavin)
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Filing 1416
ENDORSED ORDER granting in part and denying in part #1407 Motion for Extension of Time to File. Procaps shall respond to Patheon's Motion for Proceedings Supplementary to Compel Assignments of Intellectual Property [ECF No. 1396] by no later than January 12, 2018. No further enlargements of time will be provided to Procaps in connection with the motion at issue barring compelling circumstances bordering on a genuine, significant emergency. Signed by Magistrate Judge Jonathan Goodman on 1/5/2018. (JG)
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Filing 1415
RESPONSE to #1407 MOTION for Extension of Time to File Response/Reply/Answer as to #1396 Defendant's MOTION for Proceedings Supplementary to Compel Assignments of Intellectual Property re #1167 Order by Patheon Inc.. (Elegant, Justin)
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Filing 1414
ANSWER to Writ of Garnishment and Demand for Attorneys' Fees by Meyer Minski. Reply/Objections to Writ Answer due by 1/24/2018. (Silverglate, Spencer)
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Filing 1413
NOTICE of Compliance With Post Discovery Hearing Administrative Order by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
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Filing 1412
ENDORSED ORDER granting #1375 Jack William Minski's Motion to Dismiss. The Writ of Garnishment issued against Jack William Minski is dismissed. Signed by Magistrate Judge Jonathan Goodman on 1/3/2018. (jf00)
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Filing 1411
ENDORSED ORDER requiring Patheon to respond to Procaps' motion for an enlargement of time #1407 by January 5, 2018. The response may not exceed two double-spaced pages (excluding signature block and certificate of service). No reply is permitted absent further court order. Signed by Magistrate Judge Jonathan Goodman on 1/3/2018. (jf00)
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Filing 1410
RESPONSE to Motion re #1375 MOTION to Dismiss 1326 Sealed Order on Motion, Order on Ex Parte Motion filed by Patheon Inc.. Replies due by 1/10/2018. (Attachments: #1 Exhibit A-C)(Elegant, Justin)
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Filing 1409
Certified and Transmitted Record on Appeal to US Court of Appeals Consisting of (1) Accordian Folder Containing DE# 238, 249 and DE# 889 re #1178 Notice of Appeal, USCA # 17-14147-HH (hh)
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Filing 1408
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #1178 Notice of Appeal, Appeal No. 17-14147-HH. The record on appeal is available electronically with the exception of: (1) Accordian Folder Containing DE# 238,249 and DE# 889. (hh)
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Filing 1407
MOTION for Extension of Time to File Response/Reply/Answer as to #1396 Defendant's MOTION for Proceedings Supplementary to Compel Assignments of Intellectual Property re #1167 Order by Procaps S.A.. (Attachments: #1 Text of Proposed Order)(Silverglate, Spencer)
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Filing 1406
REPLY to #1389 Answer to Writ of Garnishment by Patheon Inc.. (Attachments: #1 Exhibit s A-C)(Elegant, Justin)
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Filing 1405
REPLY to #1387 Answer to Writ of Garnishment by Patheon Inc.. (Attachments: #1 Exhibit s A-C)(Elegant, Justin)
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Filing 1404
ENDORSED ORDER granting #1403 Carlton Fields' Motion For Clarification.1. Carlton Fields may comply with Category 1 of the Subpoena by January 12, 2018. It must, however, file the notice concerning the "carve out" category of documents by January 3, 2018.2. Carlton Fields has additional time, through and including January 12, 2018, to file a notice advising the Court about whether there are more than five matters for which bills were rendered.3. Carlton Fields may produce the responsive documents by January 12, 2018.4. Happy New Year to all. Signed by Magistrate Judge Jonathan Goodman on 12/29/2017. (JG)
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Filing 1403
MOTION Clarification and/or Modification of Post Discovery Hearing Administrative Order re #1395 Order by Carlton Fields Jorden Burt, P.A.. (Cohen, Jeffrey)
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Filing 1402
NOTICE of Attorney Appearance by Steven Jon Solomon on behalf of Originates, Inc. (Solomon, Steven)
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Filing 1401
NOTICE of Attorney Appearance by Steven Jon Solomon on behalf of Sofgen Pharmaceuticals LLC (Solomon, Steven)
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Filing 1400
ENDORSED ORDER requiring Patheon, by January 3, 2018, to respond to Mr. Jack William Minski's motion to dismiss #1375 . Signed by Magistrate Judge Jonathan Goodman on 12/28/2017. (jf00)
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Filing 1399
TRANSCRIPT of discovery hearing held on 12-21-2017 before Magistrate Judge Jonathan Goodman, 1-77 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/18/2018. Redacted Transcript Deadline set for 1/29/2018. Release of Transcript Restriction set for 3/28/2018. (dwh)
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Filing 1398
REPLY to #1380 Answer to Writ of Garnishment by Severe Paintball, L.C. by Patheon Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gaukroger, Gavin)
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Filing 1397
REPLY to #1381 Answer to Writ of Garnishment by Jose Minski by Patheon Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gaukroger, Gavin)
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Filing 1396
Defendant's MOTION for Proceedings Supplementary to Compel Assignments of Intellectual Property re #1167 Order by Patheon Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Elegant, Justin)
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Filing 1395
Post-Discovery Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 12/22/2017. (jf00)
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Filing 1394
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 12/21/2017. (Digital 15:29:04) (mso)
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Filing 1393
CERTIFICATE OF SERVICE by Patheon Inc. of Writ of Garnishment against Meyer Minski (Elegant, Justin)
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Filing 1392
Writ of Execution Returned (ls)
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Filing 1391
CERTIFICATE OF SERVICE by Patheon Inc. re #1389 Answer to Writ of Garnishment (Elegant, Justin)
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Filing 1390
CERTIFICATE OF SERVICE by Patheon Inc. re #1387 Answer to Writ of Garnishment (Elegant, Justin)
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Filing 1389
ANSWER to Writ of Garnishment by Joel Minski. Reply/Objections to Writ Answer due by 1/2/2018. (Lehman, Thomas)
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Filing 1388
REPLY to #1367 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
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Filing 1387
ANSWER to Writ of Garnishment by Jack Minski. Reply/Objections to Writ Answer due by 1/2/2018. (Lehman, Thomas)
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Filing 1386
ENDORSED ORDER granting #1385 Defendant's Motion. The Cooley lawyers are permitted to attend the December 21, 2017 discovery hearing by telephone. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. Signed by Magistrate Judge Jonathan Goodman on 12/11/2017. (jf00)
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Filing 1385
Unopposed MOTION to Attend the December 21, 2017 Hearing by Telephone re #1382 Notice re Hearing by Attorney, by Patheon Inc.. (Attachments: #1 Text of Proposed Order)(Gaukroger, Gavin)
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Filing 1384
CERTIFICATE OF SERVICE by Patheon Inc. re #1381 Answer to Writ of Garnishment (Elegant, Justin)
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Filing 1383
CERTIFICATE OF SERVICE by Patheon Inc. re #1380 Answer to Writ of Garnishment (Elegant, Justin)
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Filing 1382
NOTICE of Hearing by ATTORNEY:. Attorney Jeffrey Michael Cohen added to party Carlton Fields Jorden Burt, P.A.(pty:ip). Discovery Hearing set for 12/21/2017 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Attachments: #1 Exhibit A - Subpoena) (Cohen, Jeffrey)
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Filing 1381
ANSWER to Writ of Garnishment by Jose Minski. Reply/Objections to Writ Answer due by 12/27/2017. (Robayna, Eduardo)
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Filing 1380
ANSWER to Writ of Garnishment by Severe Paintball, L.C.. Reply/Objections to Writ Answer due by 12/27/2017. (rms1)
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Filing 1379
REPLY to #1327 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
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Filing 1378
REPLY to #1321 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
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Filing 1377
CERTIFICATE OF SERVICE by Patheon Inc. (Elegant, Justin)
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Filing 1376
ANSWER to Writ of Garnishment by JPMORGAN CHASE BANK, N.A.. Reply/Objections to Writ Answer due by 12/19/2017. (Herron, Andrew)
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Filing 1375
MOTION to Dismiss of Jack William Minski re: 1326 Writ of Garnishment Responses due by 12/12/2017 (gp)
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Filing 1374
CERTIFICATE OF SERVICE by Patheon Inc. of Answer of Garnishee Lake Point Investments of NC, LLC (Elegant, Justin)
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Filing 1373
CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against JPMorgan Chase Bank, N.A. (Elegant, Justin)
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Filing 1372
CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against Jack Minski (Elegant, Justin)
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Filing 1371
REPLY to #1309 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
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Filing 1370
REPLY to #1308 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
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Filing 1369
REPLY to #1307 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
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Filing 1368
REPLY to #1306 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
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Filing 1367
ANSWER of Garnishee by Lake Point Investments Of NC, LLC. Reply/Objections to Writ Answer due by 12/12/2017. (kpe)
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Filing 1366
NOTICE by Patheon Inc. of Intent to Serve Subpoena upon Carlton Fields Jorden But, P.A. (Elegant, Justin)
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SYSTEM ENTRY - Docket Entry 1365 [misc] restricted/sealed until further notice. (nc)
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Filing 1363
CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against Joel Minski (Elegant, Justin)
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Filing 1362
CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against Jose Minski (Elegant, Justin)
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Filing 1361
REPLY to #1276 Answer to Writ of Garnishment of Iceland Health, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1360
REPLY to #1282 Answer to Writ of Garnishment of Originates, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1359
REPLY to #1280 Answer to Writ of Garnishment of Nature's Products, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1358
REPLY to #1279 Answer to Writ of Garnishment of Wellnext LLC by Patheon Inc.. (Elegant, Justin)
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Filing 1357
REPLY to #1281 Answer to Writ of Garnishment of Sofgen Pharmaceuticals LLC by Patheon Inc.. (Elegant, Justin)
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Filing 1356
REPLY to #1283 Answer to Writ of Garnishment of Rainbow Light Nutritional Systems, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1355
REPLY to #1277 Answer to Writ of Garnishment of Iceland Health, LLC by Patheon Inc.. (Elegant, Justin)
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Filing 1354
REPLY to #1297 Answer to Writ of Garnishment of Nature's Products Real Estate Holding Company, LLC by Patheon Inc.. (Elegant, Justin)
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Filing 1353
REPLY to #1298 Answer to Writ of Garnishment of Rainbow Light Real Estate Holding Company, LLC by Patheon Inc.. (Elegant, Justin)
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Filing 1352
REPLY to #1299 Answer to Writ of Garnishment of Nutri-Health Direct Real Estate Holding Company, LLC by Patheon Inc.. (Elegant, Justin)
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Filing 1351
REPLY to #1300 Answer to Writ of Garnishment of Wellnext Direct, LLC by Patheon Inc.. (Elegant, Justin)
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Filing 1350
REPLY to #1278 Answer to Writ of Garnishment by Garnishee Champion Performance Products, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1349
REPLY to #1287 Answer to Writ of Garnishment by Garnishee Direct Resources, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1348
REPLY to #1289 Answer to Writ of Garnishment by Garnishee Health Asure, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1347
REPLY to #1296 Answer to Writ of Garnishment by Garnishee Western Vitamins and Health Products, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1346
REPLY to #1288 Answer to Writ of Garnishment by Garnishee Fundacion Procaps Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1345
REPLY to #1286 Answer to Writ of Garnishment by Garnishee Big River Investment Corp. by Patheon Inc.. (Elegant, Justin)
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Filing 1344
REPLY to #1290 Answer to Writ of Garnishment by Garnishee M.G. Adhesives, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1343
REPLY to #1291 Answer to Writ of Garnishment by Garnishee M.R.S.J. Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1342
REPLY to #1292 Answer to Writ of Garnishment by Garnishee RJR Products Group Ltd., Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1341
REPLY to #1295 Answer to Writ of Garnishment by Garnishee Suncoast Laboratories, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1340
REPLY to #1293 Answer to Writ of Garnishment by Garnishee Scapolite of Florida, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1339
REPLY to #1294 Answer to Writ of Garnishment by Garnishee Shumode, Inc. by Patheon Inc.. (Elegant, Justin)
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Filing 1338
CERTIFICATE OF SERVICE by Patheon Inc. of Answer of Health Products Holdings, LLC to Writ of Garnishment (Elegant, Justin)
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Filing 1337
CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against Severe Paintball L.C. (Elegant, Justin)
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SYSTEM ENTRY - Docket Entry 1364 [motion] restricted/sealed until further notice. (787651)
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Filing 1336
ANSWER to Writ of Garnishment by Health Products Holdings, LLC. Reply/Objections to Writ Answer due by 12/7/2017. (Wulbern, Allan)
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Filing 1335
ANSWER to Writ of Garnishment Answer of Garnishee, Health Products Holdings, LLC now known as Wellnext, LLC to Writ of Garnishment and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 12/6/2017. (Lehman, Thomas)
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Filing 1334
NOTICE of Attorney Appearance by Thomas Ralph Lehman on behalf of Joel Minski. Attorney Thomas Ralph Lehman added to party Joel Minski(pty:ip). (Lehman, Thomas)
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Filing 1333
NOTICE of Attorney Appearance by Thomas Ralph Lehman on behalf of Camila Minski. Attorney Thomas Ralph Lehman added to party Camila Minski(pty:ip). (Lehman, Thomas)
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Filing 1332
NOTICE of Attorney Appearance by Thomas Ralph Lehman on behalf of Jack Minski. Attorney Thomas Ralph Lehman added to party Jack Minski(pty:ip). (Lehman, Thomas)
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Filing 1331
NOTICE of Attorney Appearance by Thomas Ralph Lehman on behalf of Sharon Minski. Attorney Thomas Ralph Lehman added to party Sharon Minski(pty:ip). (Lehman, Thomas)
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Filing 1330
CERTIFICATE OF SERVICE by Patheon Inc. of Answer of Garnishee, Pame Holdings, LLC, to Writ of Garnishment (Elegant, Justin)
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Filing 1329
CERTIFICATE OF SERVICE by Patheon Inc. of Answer of Garnishee, Balouarte, Inc. to Writ of Garnishment (Elegant, Justin)
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Filing 1328
CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against Access International Services, Corp. (Elegant, Justin)
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Filing 1327
ANSWER to Writ of Garnishment by Pame Holdings, LLC. Reply/Objections to Writ Answer due by 12/4/2017. (ls)
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SYSTEM ENTRY - Docket Entry 1323 [order] restricted/sealed until further notice. (gp)
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SYSTEM ENTRY - Docket Entry 1322 [order] restricted/sealed until further notice. (gp)
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SYSTEM ENTRY - Docket Entry 1324 [order] restricted/sealed until further notice. (gp)
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SYSTEM ENTRY - Docket Entry 1326 [order] restricted/sealed until further notice. (gp)
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SYSTEM ENTRY - Docket Entry 1325 [order] restricted/sealed until further notice. (gp)
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Filing 1321
ANSWER to Writ of Garnishment by Balouarte, Inc.. Reply/Objections to Writ Answer due by 12/4/2017. (ls)
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Filing 1320
CERTIFICATE OF SERVICE by Patheon Inc. of Answers to Writs of Garnishment (Elegant, Justin)
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Filing 1319
CERTIFICATE OF SERVICE by Patheon Inc. of Answers to Writ of Garnishment (Elegant, Justin)
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SYSTEM ENTRY - Docket Entry 1315 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1316 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1317 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1318 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1314 [motion] restricted/sealed until further notice. (787651)
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Filing 1313
NOTICE by Patheon Inc. of Serving Garnishee's Answer and Notice of Writ to Dissolve Writ of Garnishment Pursuant to F.S. 77.055 (Elegant, Justin)
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Filing 1312
NOTICE by Patheon Inc. of Serving Garnishees' Answers and Notice of Right to Dissolve Writs of Garnishment Pursuant to F.S. 77.055 (Elegant, Justin)
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Filing 1311
CERTIFICATE OF SERVICE by Patheon Inc. of Notice of Service of Motion for Writ of Garnishment and Writ of Garnishment against Lake Point Investments of NC, LLC (Elegant, Justin)
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Filing 1310
CERTIFICATE OF SERVICE by Patheon Inc. of Notice of Service of Motion for Writ of Garnishment and Writ of Garnishment against Health Products Holdings LLC (Elegant, Justin)
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Filing 1309
ANSWER to Writ of Garnishment by Pacific Holdco, Inc.. Reply/Objections to Writ Answer due by 11/27/2017. (ls)
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Filing 1308
ANSWER to Writ of Garnishment by Teamwork Agency, LLC. Reply/Objections to Writ Answer due by 11/27/2017. (ls)
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Filing 1307
ANSWER to Writ of Garnishment by Micuica Management LLC. Reply/Objections to Writ Answer due by 11/27/2017. (ls)
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Filing 1306
ANSWER to Writ of Garnishment by Pharmainvest, Inc.. Reply/Objections to Writ Answer due by 11/27/2017. (ls)
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Filing 1305
ORDER denying #1266 Plaintiff's Motion to Stay. Signed by Magistrate Judge Jonathan Goodman on 11/3/2017. (jf00)
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Filing 1304
NOTICE by Patheon Inc. of Serving Garnishees' Answers and Notice of Right to Dissolve Writs of Garnishment Pursuant to F.S. 70.055 (Elegant, Justin)
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Filing 1303
NOTICE by Patheon Inc. of Serving Garnishees' Answers and Notice of Right to Dissolve Writs of Garnishment Pursuant to F.S. 77.055 (Elegant, Justin)
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Filing 1302
NOTICE by Patheon Inc. of Serving Garnishees' Answres and Notice of Right to Dissolve Writs of Garnishment Pursuant to F.S. 77.055 (Elegant, Justin)
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Filing 1301
NOTICE by Patheon Inc. of Serving Garnishees' Answers and Notice of Right to Dissolve Writs of Garnishment Pursuant to F.S. 77.055 (Elegant, Justin)
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Filing 1300
ANSWER to Writ of Garnishment and Demand for Attorney's Fees by Wellnext Direct, LLC. Reply/Objections to Writ Answer due by 11/21/2017. (gp)
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Filing 1299
ANSWER to Writ of Garnishment and Demand for Attorney's Fees by Nutri-Health Direct Real Estate Holding Company, LLC. Reply/Objections to Writ Answer due by 11/21/2017. (gp)
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Filing 1298
ANSWER to Writ of Garnishment and Demand for Attorney's Fees by Rainbow Light Real Estate Holding Company, LLC. Reply/Objections to Writ Answer due by 11/21/2017. (gp)
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Filing 1297
ANSWER to Writ of Garnishment and Demand for Attorney's Fees by Nature's Products Real Estate Holding Company, LLC. Reply/Objections to Writ Answer due by 11/21/2017. (gp)
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Filing 1296
ANSWER to Writ of Garnishment by Western Vitamins and Health Products, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
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Filing 1295
ANSWER to Writ of Garnishment by Suncoast Laboratories, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
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Filing 1294
ANSWER to Writ of Garnishment by Shumode, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
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Filing 1293
ANSWER to Writ of Garnishment by Scapolite of Florida, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
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Filing 1292
ANSWER to Writ of Garnishment by RJR Products Group Ltd., Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
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Filing 1291
ANSWER to Writ of Garnishment by M.R.S.J. Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
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Filing 1290
ANSWER to Writ of Garnishment by M.G. Adhesives, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
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Filing 1289
ANSWER to Writ of Garnishment by Health Asure, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
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Filing 1288
ANSWER to Writ of Garnishment by Fundacion Procaps Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
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Filing 1287
ANSWER to Writ of Garnishment by Direct Resources, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
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Filing 1286
ANSWER to Writ of Garnishment by Big River Investment Corpo.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
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Filing 1285
RESPONSE in Opposition re #1266 MOTION to Stay re #1167 Order re 1274 Endorsed Order - Supplemental Opposition in Response to Motion to Stay filed by Patheon Inc.. Replies due by 11/7/2017. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Gaukroger, Gavin)
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Filing 1284
SUPPLEMENT to 1274 Bankruptcy Scheduling Order,, Order of Requirements,,,,,,,,,,,,,,,,,,,,,,,,,,, by Procaps S.A. (Attachments: #1 Exhibit A)(Salner, Craig)
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Filing 1283
ANSWER to Writ of Garnishment Answer of Garnishee, Rainbow Light Nutritional Systems, Inc. and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
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Filing 1282
ANSWER to Writ of Garnishment and Garnishee's Demand for Attorney's Fees, by ORIGINATES, INC.. Reply/Objections to Writ Answer due by 11/20/2017. (Solomon, Steven)
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Filing 1281
ANSWER to Writ of Garnishment and Garnishee's Demand for Attorney's Fees, by Sofgen Pharmaceuticals LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Solomon, Steven)
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Filing 1280
ANSWER to Writ of Garnishment Answer of Garnishee, Nature's Products, Inc. and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
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Filing 1279
ANSWER to Writ of Garnishment Answer of Garnishee, Wellnext LLC and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
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Filing 1278
ANSWER to Writ of Garnishment Answer of Garnishee, Champion Performance Products, Inc. and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
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Filing 1277
ANSWER to Writ of Garnishment Answer of Garnishee, Iceland Health, LLC and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
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Filing 1276
ANSWER to Writ of Garnishment Answer of Garnishee, Iceland Health, Inc. and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
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Filing 1275
CERTIFICATE OF SERVICE by Patheon Inc. Notice of Service of Motion for Writ of Garnishment and Writ of Garnishment (Elegant, Justin)
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Filing 1274
ENDORSED ORDER re #1266 MOTION to Stay re #1167 Order filed by Procaps S.A., #1273 Reply to Response to Motion filed by Procaps S.A., #1271 Response in Opposition to Motion filed by Patheon Inc., Plaintiff's "motion to stay all post-judgment proceedings pending appellate jurisdictional ruling" does not seek a stay until the underlying appeal is resolved. Instead, as the title of its motion reveals, Procaps is seeking a stay until only the Eleventh Circuit Court of Appeals rules upon a jurisdictional issue which the appellate court itself flagged. The appellate court's October 14 notice requires both parties to brief the jurisdictional issue -- of whether the parties consented to the Undersigned's jurisdiction to handle a motion for fees and costs and, if not, whether the parties implicitly consented through their conduct -- by October 30, 2017. In its reply, Procaps suggests [ECF NO. 1273, p. 2] that the appellate court "will rule within a matter of weeks, if not sooner."Patheon's response, however, discusses authority addressing a stay of a judgment pending resolution of the entire appeal, a scenario which the Undersigned deems to be significantly different than the one here, which could arguably involve a stay which, if granted, might last no more than a few weeks.Unfortunately, Patheon's opposition response does not address legal authority on this circumstance and Procaps' reply, while underscoring the potential distinction between a stay lasting for the duration of an entire appeal and one lasting until a threshold jurisdictional issue flagged by the court is resolved, does not cite any case law or other authority supporting its request for a bond-free stay.Therefore the parties shall by October 31, 2017 each submit a supplemental memorandum of no more than three pages (excluding signature block and certificate of service) discussing the propriety of entering a stay without a bond until the appellate court resolves a jurisdictional issue, as opposed to one lasting for the entire appeal. At the risk of stating the obvious, the case law and other authority should, if possible, involve similar situations. Signed by Magistrate Judge Jonathan Goodman on 10/26/2017. (JG)
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Filing 1273
REPLY to Response to Motion re #1266 MOTION to Stay re #1167 Order Post-Judgment Proceedings Pending Appellate Jurisdictional Ruling filed by Procaps S.A.. (Silverglate, Spencer)
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Filing 1272
NOTICE of Attorney Appearance by Victoria Jean Wilson on behalf of Nature's Products, Inc., Wellnext LLC. Attorney Victoria Jean Wilson added to party Nature's Products, Inc.(pty:ip), Attorney Victoria Jean Wilson added to party Wellnext LLC(pty:ip). (Wilson, Victoria)
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Filing 1271
RESPONSE in Opposition re #1266 MOTION to Stay re #1167 Order filed by Patheon Inc.. Replies due by 10/30/2017. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Gaukroger, Gavin)
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Filing 1270
CERTIFICATE OF SERVICE by Patheon Inc. of Notice of Service of Motions for Writ of Garnishment and Writs of Garnishment (Elegant, Justin)
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Filing 1269
NOTICE of Attorney Appearance by Thomas Ralph Lehman on behalf of Nature's Products, Inc., Wellnext LLC. Attorney Thomas Ralph Lehman added to party Nature's Products, Inc.(pty:ip), Attorney Thomas Ralph Lehman added to party Wellnext LLC(pty:ip). (Lehman, Thomas)
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Set/Reset Deadlines/Hearings as to #1266 MOTION to Stay re #1167 Order . Responses due by 10/23/2017 Replies due by 10/26/2017. per DE 1267 (cbr)
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Filing 1268
CERTIFICATE OF SERVICE by Patheon Inc. of Notice of Service of Motions for Writ of Garnishment and Writs of Garnishment (Elegant, Justin)
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Filing 1267
ENDORSED ORDER re #1266 Procaps' MOTION to Stay re #1167 Order filed by Procaps S.A. Given that the Eleventh Circuit's October 16, 2017 jurisdictional question inquiry requires both parties to within fourteen (14) days of its notice brief specific questions concerning the Undersigned's jurisdiction to rule on the motions for fees and costs and enter a judgment, Defendant Patheon shall file a response to Procaps' October 17, 2017 motion to stay by October 23, 2017 and Procaps may file an optional reply of no more than two pages by October 26, 2017. Signed by Magistrate Judge Jonathan Goodman on 10/17/2017. (JG)
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Filing 1266
MOTION to Stay re #1167 Order by Procaps S.A.. Responses due by 10/31/2017 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Salner, Craig)
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Filing 1265
ORDER on #1256 Procaps' Motion to Clarify or Correct the Post-Discovery Hearing Administrative Order. Signed by Magistrate Judge Jonathan Goodman on 10/16/2017. (jf00)
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Filing 1264
REPLY to Response to Motion re #1256 MOTION to Amend/Correct #1221 Order filed by Procaps S.A.. (Silverglate, Spencer)
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Filing 1263
Endorsed ORDER granting #1262 Procaps' Amended Motion for Leave to File a Reply in further support of its motion to correct or clarify. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Procaps may file a reply of no more than three double-spaced pages, excluding signature block and certificate of service, by October 13, 2017. The reply must be limited to a rebuttal of the new representations made by Patheon in its opposition response. Signed by Magistrate Judge Jonathan Goodman on 10/12/2017. (JG)
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Filing 1262
Amended MOTION for Leave to File Reply to Patheon's Response to Motion to Correct or Clarify Post-Hearing Administrative Order by Procaps S.A.. (Silverglate, Spencer)
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Filing 1261
ENDORSED ORDER striking #1260 Procaps' Motion for Leave to File reply -- because it violates Local Rule 7.1's pre-filing conferral requirement. Signed by Magistrate Judge Jonathan Goodman on 10/11/2017. (JG)
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Filing 1260
MOTION for Leave to File Reply to Patheon's Response to Motion to Correct or Clarify Post-Hearing Administrative Order by Procaps S.A.. (Silverglate, Spencer)
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Filing 1259
RESPONSE to Motion re #1256 MOTION to Amend/Correct #1221 Order filed by Patheon Inc.. Replies due by 10/17/2017. (Gaukroger, Gavin)
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Filing 1258
TRANSCRIPT of discovery hearing held on 9-29-2017 before Magistrate Judge Jonathan Goodman, 1-50 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/30/2017. Redacted Transcript Deadline set for 11/7/2017. Release of Transcript Restriction set for 1/5/2018. (dwh)
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Filing 1257
ENDORSED ORDER regarding Procaps' Motion to Amend/Correct #1256 . If Patheon wishes to respond to Procaps' Motion, then it must do so by Tuesday, October 10, 2017. No reply is permitted absent the Court's further express permission. Signed by Magistrate Judge Jonathan Goodman on 10/6/2017. (jf00)
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Filing 1256
MOTION to Amend/Correct #1221 Order by Procaps S.A.. Responses due by 10/19/2017 (Attachments: #1 Text of Proposed Order)(Salner, Craig)
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SYSTEM ENTRY - Docket Entry 1234 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1233 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1232 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1235 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1236 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1238 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1237 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1231 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1229 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1224 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1223 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1222 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1225 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1226 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1228 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1227 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1239 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1230 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1250 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1249 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1248 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1251 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1252 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1254 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1253 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1240 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1247 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1242 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1241 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1243 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1244 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1246 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1245 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1255 [misc] restricted/sealed until further notice. (nc)
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Filing 1221
Post-Discovery Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 10/2/2017. (jf00)
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SYSTEM ENTRY - Docket Entry 1197 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1196 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1195 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1198 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1199 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1202 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1201 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1200 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1194 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1193 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1188 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1187 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1186 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1189 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1190 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1192 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1191 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1203 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1208 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1216 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1215 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1214 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1217 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1218 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1220 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1219 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1212 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1213 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1206 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1205 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1204 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1207 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1209 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1210 [motion] restricted/sealed until further notice. (787651)
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SYSTEM ENTRY - Docket Entry 1211 [motion] restricted/sealed until further notice. (787651)
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Filing 1185
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 9/29/2017. Total time in court: 1 hour(s) : 20 minutes. Attorney Appearance(s): Michael J. Klisch, Justin B. Elegant, Gavin Cunningham Gaukroger, Spencer Hal Silverglate, Craig Salner, Eduardo Robayna, Eric Sherbert, Evan Lazerowitz (Digital 15:22:04) (mso)
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Filing 1184
TRANSCRIPT INFORMATION FORM by Procaps S.A. re #1178 Notice of Appeal,. No Transcript Requested. (Salner, Craig)
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Filing 1183
ENDORSED ORDER granting #1182 Defendant's Unopposed Motion to Attend September 29, 2017 Discovery Hearing by Telephone. Signed by Magistrate Judge Jonathan Goodman on 9/22/2017. (JG)
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Filing 1182
Unopposed MOTION to Attend the September 29, 2017 Hearing by Telephone re #1181 Notice of Hearing by Attorney by Patheon Inc.. (Elegant, Justin)
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Filing 1181
NOTICE of Hearing by ATTORNEY:. Attorney Craig Salner added to party Procaps S.A.(pty:pla). Discovery Hearing set for 9/29/2017 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Salner, Craig)
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Filing 1180
Acknowledgment of Receipt of NOA from USCA re #1178 Notice of Appeal, filed by Procaps S.A.. Date received by USCA: 9/18/17. USCA Case Number: 17-14147-H. (hh)
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Filing 1179
MAGISTRATE JUDGE GOODMAN'S UPDATED DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/20/2017. (jf00)
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #1178 Notice of Appeal, Notice has been electronically mailed. (hh)
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Filing 1178
Notice of Appeal as to #1167 Order, #1166 Order on Motion for Attorney Fees, Order on Sealed Motion by Procaps S.A.. Filing fee $ 505.00 receipt number 113C-10031538. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Rosenthal, Alan)
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Filing 1177
NOTICE of Attorney Appearance by Spencer Hal Silverglate on behalf of Procaps S.A. (Silverglate, Spencer)
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Filing 1176
NOTICE of Attorney Appearance by Spencer Hal Silverglate on behalf of Procaps S.A.. Attorney Spencer Hal Silverglate added to party Procaps S.A.(pty:pla). (Silverglate, Spencer)
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Filing 1175
NOTICE by Patheon Inc. of Intent to Serve Subpoenas (Elegant, Justin)
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Filing 1174
Writ of Execution issued as to Procaps S.A. re: #1167 Order. (mc)
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Filing 1173
MOTION for Writ of Execution by Patheon Inc.. Responses due by 9/15/2017 (Elegant, Justin)
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Filing 1172
NOTICE of Attorney Appearance by Gavin Cunningham Gaukroger on behalf of Patheon Inc.. Attorney Gavin Cunningham Gaukroger added to party Patheon Inc.(pty:dft). (Gaukroger, Gavin)
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Filing 1171
NOTICE of Attorney Appearance by Justin B. Elegant on behalf of Patheon Inc.. Attorney Justin B. Elegant added to party Patheon Inc.(pty:dft). (Elegant, Justin)
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Filing 1170
ORDER Granting #1168 Joint Motion Concerning Patheon's Motion to Show Cause and Denying as Moot Motions to Show Cause 1071 and for Reconsideration #1160 . Signed by Magistrate Judge Jonathan Goodman on 8/22/2017. (jf00)
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Filing 1169
NOTICE by Patheon Inc. of Filing Proposed Order (Attachments: #1 Proposed Order (re Joint Motion Concerning Patheon's Motion to Show Cause, ECF No. 1168)) (Brochin, Robert)
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Filing 1168
Joint MOTION to Vacate , MOTION to Withdraw Document (Joint Motion Concerning Patheon's Motion to Show Cause) by Patheon Inc.. Responses due by 9/1/2017 (Brochin, Robert)
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Filing 1167
Final Money Judgment (for Fees and Costs). Signed by Magistrate Judge Jonathan Goodman on 8/17/2017. (jf00)
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Filing 1166
OMNIBUS ORDER on #1030 and 1072 Defendant's Motions for Attorney's Fees and Non-taxable Costs. Signed by Magistrate Judge Jonathan Goodman on 8/17/2017. (jf00)
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Filing 1165
NOTICE by Patheon Inc. (Defendant's Notice of Arbitration Award) (Brochin, Robert)
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Filing 1164
ORDER on Supplemental Briefing Re: Patheon's Motion for Sanctions for Procaps' Alleged Violation of Protective Order. Signed by Magistrate Judge Jonathan Goodman on 8/14/2017. (jf00)
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Filing 1163
REPLY to Response to Motion re #1160 Defendant's MOTION for Reconsideration re #1125 Order on Sealed Motion,, Order on Motion for Clarification or, in the Alternative, MOTION to Compel and MOTION in Limine filed by Patheon Inc.. (Brochin, Robert)
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Filing 1162
RESPONSE to Motion re #1160 Defendant's MOTION for Reconsideration re #1125 Order on Sealed Motion,, Order on Motion for Clarification or, in the Alternative, MOTION to Compel and MOTION in Limine filed by Procaps S.A.. Replies due by 8/15/2017. (Carlos, Natalie)
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Filing 1161
ENDORSED ODER requiring Procaps to file a response to Patheon's Motion for Reconsideration #1160 of no more than 5 pages (excluding signatures and certificate of service) by Tuesday, August 8, 2017. Patheon may file an optional 2-page reply (excluding signatures and certificate of service) by Friday, August 11, 2017. Signed by Magistrate Judge Jonathan Goodman on 8/2/2017. (jf00)
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Filing 1160
Defendant's MOTION for Reconsideration re #1125 Order on Sealed Motion,, Order on Motion for Clarification or, in the Alternative,, MOTION to Compel and ( Responses due by 8/16/2017), MOTION in Limine by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 1159
STATUS REPORT (Joint Status Report) by Patheon Inc. (Brochin, Robert)
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Filing 1158
ENDORSED ORDER re #1125 Order on Sealed Motion,, Order on Motion for Clarification, 1071 Defendant's SEALED MOTION for an Order Showing Cause why Procaps Should not be Sanctioned for Violating Protective Order filed by Patheon Inc. In a May 19, 2017 Omnibus Order, the Undersigned reserved ruling on Patheon's Motion for Order Showing Cause Why Procaps Should Not Be Sanctioned for Violating Protective Order. [ECF No. 1071]. In that Order, I advised that I would schedule an evidentiary hearing on the motion after the arbitrators enter their award. I specifically directed the parties to give me notice of the arbitration panel's award within five days of its issuance.That was more than three months ago, and the parties have not filed a notice. Therefore, I am assuming that the arbitration panel has not yet issued an award. However, the parties advised me at the hearing on the attorneys' fees motions that they made closing arguments to the arbitration panel on May 17, 2017 and that their "best guess" was that an award would be entered on June 30, 2017. [ECF No. 1145, pp. 4-5].Given this history, the parties shall file a joint status report about the arbitration by July 21, 2017. If the arbitration panel has, in fact, entered an award, then the parties shall also provide a list of dates in August and September when they and their witnesses will be available for the evidentiary hearing. The Omnibus Order designates the categories of witnesses the Court requires for the evidentiary hearing. Signed by Magistrate Judge Jonathan Goodman on 7/20/2017. (JG)
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Filing 1157
Plaintiff's REPLY to #1154 Response/Reply (Other) Procaps' Reply in Support of June 9, 2017 Notice of Corrections by Procaps S.A.. (Rosenthal, Alan)
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Filing 1156
NOTICE by Patheon Inc. of Filing Supplemental Declaration (Declaration of Michael J. Klisch Updating Defendant's Supplemental Motion for Attorney's Fees and Non-Taxable Costs (ECF No. 1072), and Exhibits A-H thereto) (Attachments: #1 Declaration of Michael J. Klisch Updating Defendant's Supplemental Motion for Attorneys Fee's and Non-Taxable Costs (ECF No. 1072), #2 Klisch Decl. Exs. A to H) (Brochin, Robert)
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Filing 1155
Defendant's RESPONSE to #1149 Memorandum (DEFENDANT'S RESPONSE MEMORANDUM PURSUANT TO MAY 31, 2017 POST-HEARING ADMINISTRATIVE ORDER) by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 1154
Defendant's RESPONSE to #1147 Notice (Other) (Defendant's Response to Plaintifff's June 9, 2017 "Notice of Corrections") by Patheon Inc.. (Brochin, Robert)
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Filing 1153
ENDORSED ORDER granting #1152 Defendant's motion for leave to file to file a one-page response to an alleged inaccuracy in Plaintiff's June 9, 2017 "Notice of Corrections." Defendant must separately re-file the response pursuant to Local Rule 15.1. By June 19, 2017, Plaintiff may also file a one-page reply to Defendant's response. Signed by Magistrate Judge Jonathan Goodman on 6/15/2017. (jf00)
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Filing 1152
MOTION for Leave to File (DEFENDANT'S MOTION FOR LEAVE TO RESPOND TO AN INACCURACY IN PLAINTIFF'S JUNE 9, 2017 "NOTICE OF CORRECTIONS") by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Brochin, Robert)
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Filing 1151
ENDORSED ORDER striking #1150 Defendant's Motion for Leave to Respond to an Inaccuracy in Plaintiff's June 9, 2017 "NOTICE OF CORRECTIONS." Defendant failed to comply with Local Rule 7.1(a)(3) -- the motion does not elaborate on the time and manner it took to confer with Plaintiff to resolve the issue raised in its motion. Signed by Magistrate Judge Jonathan Goodman on 6/14/2017. (jf00)
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Filing 1150
MOTION for Leave to File ( DEFENDANT'S MOTION FOR LEAVE TO RESPOND TO AN INACCURACY IN PLAINTIFF'S JUNE 9, 2017 "NOTICE OF CORRECTIONS") by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Brochin, Robert)
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Filing 1149
MEMORANDUM of Law re #1143 Order by Procaps S.A.. (Rosenthal, Alan)
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Filing 1148
NOTICE by Procaps S.A. re #1143 Order (Attachments: #1 1, #2 2, #3 3, #4 4, #5 5, #6 6, #7 7, #8 8, #9 9, #10 10, #11 11) (Rosenthal, Alan)
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Filing 1147
NOTICE by Procaps S.A. re #1094 Response in Opposition to Motion (Rosenthal, Alan)
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Filing 1146
NOTICE by Patheon Inc. (Defendant's Notice of Correction of May 30, 2017 Hearing Transcript) (Brochin, Robert)
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Filing 1145
TRANSCRIPT of Attorney's Fees and Costs Hearing held on 5/30/2017 before Magistrate Judge Jonathan Goodman, 1-132 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/26/2017. Redacted Transcript Deadline set for 7/6/2017. Release of Transcript Restriction set for 9/5/2017. (Attachments: #1 Designation Access Form)(amb)
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Filing 1144
FINAL MEDIATION REPORT by John Barkett. Disposition: Case did not settle.(Barkett, John)
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Filing 1143
Post-Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 5/31/2017. (jf00)
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Filing 1142
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Miscellaneous Hearing held on 5/30/2017. Total time in court: 3 hour(s) : 22 minutes. Attorney Appearance(s): Michael J. Klisch, Mazda K. Antia, Dee Bansal, Robert T. Cahill, D Matthew Allen, Alan Rosenthal, Natalie Jessica Carlos, Chris S. Coutroulis, (Digital 10:00:34) (mso)
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SYSTEM ENTRY - Docket Entry 1140 [misc] restricted/sealed until further notice. (644753)
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SYSTEM ENTRY - Docket Entry 1141 [misc] restricted/sealed until further notice. (523335)
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Filing 1139
ENDORSED ORDER granting #1137 Patheon's Unopposed Motion for Leave to File Supplemental Authority. Patheon need not re-file the case. Signed by Magistrate Judge Jonathan Goodman on 5/25/2017. (jf00)
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Filing 1138
ENDORSED ORDER granting #1136 Procaps' Motion to Seal 1135 Procaps' Declaration of Compliance. Signed by Magistrate Judge Jonathan Goodman on 5/25/2017. (jf00)
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Filing 1137
Unopposed MOTION for Leave to File / Submit Supplemental Authority by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Brochin, Robert)
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Filing 1136
MOTION to Seal Declaration of Compliance re ECF No. #1125 per Order authorizing the submission of this document under seal by Procaps S.A.. (Carlos, Natalie)
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SYSTEM ENTRY - Docket Entry 1135 [misc] restricted/sealed until further notice. (796628)
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Filing 1134
ENDORSED ORDER granting #1132 Defendant's Motion. Non-participating Cooley lawyers are permitted to attend the May 30, 2017 hearing by telephone. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. Signed by Magistrate Judge Jonathan Goodman on 5/23/2017. (jf00)
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Filing 1133
ENDORSED ORDER granting #1129 Defendant's Motion to Seal 1130 Defendant's Reply in Support of its Supplemental Motion for Attorney's Fees and Non-Taxable Costs. Signed by Magistrate Judge Jonathan Goodman on 5/23/2017. (jf00)
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Filing 1132
Unopposed MOTION To Allow Non-Participating Lawyers To Attend The May 30, 2017 Hearing By Telephone by Patheon Inc.. (Attachments: #1 Text of Proposed Order)(Brochin, Robert) Modified relief on 5/23/2017 (mc).
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Filing 1131
NOTICE of Compliance by Patheon Inc. re #1125 Order on Sealed Motion,, Order on Motion for Clarification (Brochin, Robert)
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Filing 1129
Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 1128 [misc] restricted/sealed until further notice. (644753)
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SYSTEM ENTRY - Docket Entry 1130 [misc] restricted/sealed until further notice. (644753)
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Filing 1127
ENDORSED ORDER granting #1070 Patheon's Motion to Seal its Supplemental Motion for Attorneys Fees and Non-Taxable Costs, and Exhibits 1, 4, and 10-15 thereto [See ECF No. 1072] and its Motion for an Order Showing Cause why Procaps Should not be Sanctioned for Violating Protective Order and Exhibits 1-16 thereto [See ECF No. 1071]. Signed by Magistrate Judge Jonathan Goodman on 5/19/2017. (jf00)
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Filing 1126
ENDORSED ORDER granting #1123 Attorneys Michael B. Miller and Karen L. Hagberg's motion to withdraw as counsel for Procaps. Notice of Termination shall be delivered by US Mail to Michael B. Miller and Karen L. Hagberg. Signed by Magistrate Judge Jonathan Goodman on 5/19/2017. (jf00)
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Filing 1125
OMNIBUS ORDER on Myriad Pending Motions Re: Fees and Costs. Signed by Magistrate Judge Jonathan Goodman on 5/19/2017. (jf00)
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Filing 1124
RESPONSE in Opposition re #1118 Defendant's MOTION for clarification re Mediation Order filed by Procaps S.A.. Replies due by 5/25/2017. (Carlos, Natalie)
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Filing 1123
Unopposed MOTION to Withdraw as Attorney by Karen L. Hagberg and Michael B. Miller. by Procaps S.A.. Responses due by 6/1/2017 (Rosenthal, Alan)
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Filing 1122
ENDORSED ORDER granting #1121 Procaps' Motion for Extension of Time. Procaps shall file a response of no longer than 2 pages to #1118 Patheon's Motion for Clarification re Mediation Order by Thursday, May 18, 2017. No reply is permitted absent subsequent court order. Signed by Magistrate Judge Jonathan Goodman on 5/16/2017. (jf00)
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Filing 1121
Unopposed MOTION for Extension of Time for One-Day Extension of Time to Respond to Patheon's Motion to Clarify re #1118 Defendant's MOTION for clarification re Mediation Order by Procaps S.A.. Responses due by 5/30/2017 (Coutroulis, Chris)
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Filing 1120
ENDORSED ORDER requiring Procaps to file a response of no longer than 2 pages to #1118 Patheon's Motion for Clarification re Mediation Order by Wednesday, May 17, 2017. No reply is permitted absent subsequent court order. Signed by Magistrate Judge Jonathan Goodman on 5/16/2017. (jf00)
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Filing 1119
ENDORSED ORDER granting #1117 Procaps' Motion to Seal 1116 Procaps' Reply in Support of Motion for Reconsideration of Order Scheduling Hearing on Defendant's Motions for Fees and Costs. Signed by Magistrate Judge Jonathan Goodman on 5/15/2017. (jf00)
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Filing 1118
Defendant's MOTION for clarification re Mediation Order by Patheon Inc.. Responses due by 5/30/2017 (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 1117
MOTION to Seal re ECF No. 1100 per Order authorizing the submission of this document under seal by Procaps S.A.. (Carlos, Natalie)
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SYSTEM ENTRY - Docket Entry 1116 [misc] restricted/sealed until further notice. (796628)
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Filing 1115
ENDORSED ORDER granting #1112 Defendant's Motion to Seal 1113 its Response to Procaps' Motion for Reconsideration of Order Scheduling Hearing. Signed by Magistrate Judge Jonathan Goodman on 5/12/2017. (jf00)
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Filing 1114
REPLY to Response to Motion re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 1112
Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
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Filing 1111
ENDORSED ORDER granting #1107 Procaps' Motion to Seal 1108 Procaps' Response in Opposition to Patheon's Sealed Supplemental Motion for Attorneys' Fees and Non-taxable Costs. Signed by Magistrate Judge Jonathan Goodman on 5/11/2017. (jf00)
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SYSTEM ENTRY - Docket Entry 1113 [misc] restricted/sealed until further notice. (644753)
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Filing 1110
Clerks Notice to Filer re 1104 Sealed Document. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document is not a Motion, document was corrected by by the Clerk. It is not necessary to refile this document. (nc)
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Filing 1109
NOTICE by Procaps S.A. of Filing Exhibits in Support of its Response in Opposition to Patheon's Supplemental Motion for Attorneys' Fees and Non-taxable Costs (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Rosenthal, Alan)
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Filing 1107
MOTION to Seal per Local Rule 5.4 by Procaps S.A.. (Attachments: #1 Text of Proposed Order Proposed Order) (Rosenthal, Alan)
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Filing 1106
ENDORSED ORDER granting #1103 Procaps' Motion to Seal the following: (1) Procaps' Reply in Support of Motion to Strike Patheon's References to Pending International Arbitration 1104 and (2) Procaps' Motion for Reconsideration of Order Scheduling Hearing on Defendant's Motions for Fees and Costs 1105 . The briefing scheduling set in the Undersigned's Order [ECF No. 1101] remains intact. Signed by Magistrate Judge Jonathan Goodman on 5/10/2017. (jf00)
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Filing 1103
MOTION for Leave to File Under Seal by Procaps S.A.. (Carlos, Natalie)
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Filing 1102
CLERK'S NOTICE of Compliance pursuant to 1101 Endorsed Order (nc)
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Filing 1101
ENDORSED ORDER denying without prejudice #1099 Procaps' Motion to Seal as it was an improper filing. The Motion to Seal may be re-filed as a public document. If Procaps chooses to re-file its motion, then the exhibits that were attached to Procaps' motion, Procaps' Reply in Support of Motion to Strike Patheon's References to Pending International Arbitration [1099-1] and Procaps' Motion for Reconsideration of Order Scheduling Hearing on Defendant's Motions for Fees and Costs [1099-2], must also be re-filed as separate, sealed docket entries. Signed by Magistrate Judge Jonathan Goodman on 5/10/2017. (jf00)
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SYSTEM ENTRY - Docket Entry 1104 [motion] restricted/sealed until further notice. (796628)
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SYSTEM ENTRY - Docket Entry 1108 [misc] restricted/sealed until further notice. (520045)
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SYSTEM ENTRY - Docket Entry 1105 [motion] restricted/sealed until further notice. (796628)
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Filing 1100
ENDORSED ORDER re #1095 Order, Set/Reset Hearings,, #1099 SEALED MOTION to File Under Seal filed by Procaps S.A. Defendant Patheon shall by May 11, 2017 file a response of no more than three double-spaced pages, excluding signature block and certificate of service, to Plaintiff Procaps' Motion For Reconsideration of Order Scheduling Hearing on Defendant's Motions for Fees and Costs [ECF No. 1095]. Procaps' motion was filed as an attachment to its motion to seal [ECF No. 1099], rather than as its own independent motion, and it was filed, on the docket, under seal, at ECF No. 1099-2.The Court assumes that Procaps served Patheon with its under-seal motion for reconsideration. If it did not, then it shall do so immediately and in any event by no later than 9:00 a.m. tomorrow morning (May 10, 2017).Patheon's response should include its position about a hearing (on the two motions for fees and costs) which excludes references to documents used in the pending international arbitration (and also excludes any reference to conduct occurring in that arbitration). It should also provide notice of its position on eliminating the hearing entirely, eliminating the under-seal question option (a procedure the Undersigned used earlier in this case for the summary judgment hearing) or moving forward with a hearing which includes the optional under-seal questions.Procaps may file an optional two-page reply by May 15, 2017. Signed by Magistrate Judge Jonathan Goodman on 5/9/2017. (JG)
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Filing 1099
Image Removed pursuant to 1101 Endorsed Order Denying #1099 Motion to Seal (Main Document 1099 replaced on 5/10/2017) (nc). (nc). Modified docket text on 5/10/2017 (nc).
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Filing 1098
ENDORSED ORDER granting #1097 Patheon's Motion to Seal 1096 Patheon's Response to Procaps' Sealed Motion to Strike References to Pending International Arbitration. Signed by Magistrate Judge Jonathan Goodman on 5/5/2017. (jf00)
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Filing 1097
Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 1096 [misc] restricted/sealed until further notice. (644753)
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Filing 1095
ORDER Scheduling Hearing on Defendant's Motions for Fees and Costs [ECF Nos. 1030; 1072] on 5/30/2017 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 5/3/2017. (jf00)
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Filing 1094
RESPONSE in Opposition re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs filed by Procaps S.A.. Replies due by 5/8/2017. (Attachments: #1 Exhibit 1 - Form 10-K)(Rosenthal, Alan)
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Filing 1093
ENDORSED ORDER granting #1091 Patheon's Motion to Seal Patheon's Reply in Support of its Motion for an Order to Show Cause as to Why Procaps Should Not be Sanctioned for Violating the Protective Order. Signed by Magistrate Judge Jonathan Goodman on 5/1/2017. (jf00)
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Filing 1091
Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 1092 [misc] restricted/sealed until further notice. (644753)
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Filing 1090
ENDORSED ORDER granting #1089 Patheon's Motion for Clarification. Patheon shall file its reply to Procaps' response to the original fees' motion by May 11, 2017. Patheon shall also file its reply to Procaps' response to the supplemental fees' motion by May 22, 2017. Signed by Magistrate Judge Jonathan Goodman on 4/28/2017. (jf00)
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Filing 1089
Unopposed MOTION for clarification 1088 Endorsed Order,,, to Clarify Due Date of Reply Briefs by Patheon Inc.. Responses due by 5/12/2017 (Brochin, Robert)
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Filing 1088
ENDORSED ORDER regarding Procaps' SEALED MOTION for Extension of Time and for Page Enlargement [ECF No. 1080]. The Undersigned grants the motion in part and denies the motion in part. Procaps shall file its response to Patheon's original motion [ECF No. 1030] for fees and costs (which was filed on December 18, 2015) by May 1, 2017. The response may not exceed 24 double-spaced pages (excluding signature block and certificate of service). Procaps shall file its response to Patheon's supplemental motion for fees and costs [ECF No. 1072] by May 10, 2017. The response may not exceed 24 double-spaced pages (excluding signature block and certificate of service). Signed by Magistrate Judge Jonathan Goodman on 4/27/2017. (jf00)
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Filing 1087
ENDORSED ORDER requiring Patheon to file a response to Procaps' SEALED MOTION to Strike Patheon's References to Pending International Arbitration 1085 by May 5, 2017. Procaps may file an optional reply by May 9, 2017. Signed by Magistrate Judge Jonathan Goodman on 4/27/2017. (jf00)
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Filing 1086
RESPONSE in Opposition re #1077 MOTION to Seal (Filings Under Seal as ECF No. 1080) filed by Patheon Inc.. Replies due by 5/4/2017. (Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 1085 [motion] restricted/sealed until further notice. (796628)
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SYSTEM ENTRY - Docket Entry 1084 [order] restricted/sealed until further notice. (nc)
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Filing 1083
ENDORSED ORDER requiring Patheon to file its response to Procaps' Motion for Extension of Time and for Page Enlargement 1080 by April 27, 2017. The response may be no longer than three double-spaced pages (excluding signatures and certificate of service). Signed by Magistrate Judge Jonathan Goodman on 4/25/2017. (jf00)
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Filing 1082
ENDORSED ORDER granting #1077 Procaps' Motion to Seal Procaps' Motion to Strike References to Pending International Arbitration 1078 ; Procaps' Response to Patheon's Motion for Order to Show Cause 1079 ; and Procaps' Motion for Extension of Time and for Page Enlargement for its Response to Patheon's Fees Motion 1080 . Signed by Magistrate Judge Jonathan Goodman on 4/25/2017. (jf00)
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SYSTEM ENTRY - Docket Entry 1078 [motion] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1079 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 1080 [motion] restricted/sealed until further notice. (nc)
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Filing 1081
Clerk's Notice of Filing Deficiency Re: #1077 MOTION to Seal, 1078 Sealed Document 1080 Sealed Document, 1079 Sealed Document. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). Document(s) missing required original signature(s) (Fed.R.Civ.P. 11(a)). (nc)
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Filing 1077
MOTION to File Under Seal by Procaps S.A., (nc)
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Filing 1076
ENDORSED ORDER re 1075 Endorsed Order, 1071 Defendant's SEALED MOTION for an Order Showing Cause why Procaps Should not be Sanctioned for Violating Protective Order filed by Patheon Inc. According to Patheon's motion, it seems as though Procaps' counsel are being accused of improperly providing highly confidential documents to their client's principals, in violation of the protective order.Given this allegation, Procaps' response to the motion for a show cause order concerning the alleged violation of the protective order should also explain if Procaps' counsel should be sanctioned (in addition to explaining whether Procaps itself should be sanctioned). Procaps' principals may, if they wish, file their own response (on their individual behalf, as well as on Procaps' behalf) to the motion, separate from a response filed by Procaps' counsel. Thus, two responses may be filed: one from Procaps (and its principals) and one from Procaps' counsel. Or everyone on the Plaintiff's side can submit one omnibus response. But if one response is submitted on behalf of Procaps, its principals and its counsel, then that one response must address the issues of whether Procaps and/or its counsel should be sanctioned.If Procaps and/or its principals choose to submit a response separate from their counsel, then the attorney(s) involved in the separate response, if from a law firm other than Procaps' litigation firm thusfar in the case (the Carlton Fields firm), shall file a formal notice of appearance. Signed by Magistrate Judge Jonathan Goodman on 4/15/2017. (JG)
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Set/Reset Deadlines/Hearings as to 1071 Defendant's SEALED MOTION for an Order Showing Cause why Procaps Should not be Sanctioned for Violating Protective Order. Responses due by 4/24/2017 Replies due by 5/1/2017. per DE 1075 (cbr)
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Filing 1075
ENDORSED ORDER requiring Procaps to respond by Monday, April 24, 2017 to Patheon's Sealed Motion for an Order Showing Cause why Procaps Should not be Sanctioned for Violating the Protective Order 1071 . Patheon may file an optional reply by May 1, 2017. Signed by Magistrate Judge Jonathan Goodman on 4/14/2017. (jf00)
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Filing 1074
NOTICE by Patheon Inc. of Filing Exhibits 2, 3, 5-9 to Defendant's Supplemental Motion for Attorneys Fees and Non-Taxable Costs (ECF NO. 1072) (Attachments: #1 Ex. 2 to ECF No. 1072, #2 Ex. 3 to ECF No. 1072, #3 Ex. 5 to ECF No. 1072, #4 Ex. 6 to ECF No. 1072, #5 Ex. 7 to ECF No. 1072, #6 Ex. 8 to ECF No. 1072, #7 Ex. 9 to ECF No. 1072) (Brochin, Robert)
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Filing 1073
NOTICE by Patheon Inc. of Filing (Declaration of Michael J. Klisch in Support of Defendants Supplemental Motion for Attorneys Fees and Non-Taxable Costs (ECF No. 1072), and Exhibits A-J thereto) (Attachments: #1 Declaration of Michael J. Klisch in Support of Defendants Supplemental Motion for Attorneys Fees and Non-Taxable Costs (ECF No. 1072), #2 Klisch Decl. Ex. A, #3 Klisch Decl. Ex. B, #4 Klisch Decl. Ex. C, #5 Klisch Decl. Ex. D, #6 Klisch Decl. Ex. E, #7 Klisch Decl. Ex. F, #8 Klisch Decl. Ex. G, #9 Klisch Decl. Ex. H, #10 Klisch Decl. Ex. I, #11 Klisch Decl. Ex. J) (Brochin, Robert)
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Filing 1070
Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 1071 [motion] restricted/sealed until further notice. (644753)
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SYSTEM ENTRY - Docket Entry 1072 [motion] restricted/sealed until further notice. (644753)
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Filing 1069
ORDER Granting Motion to Amend Order for Release of Funds. Signed by Magistrate Judge Jonathan Goodman on 4/5/2017. (jf00)
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Filing 1068
ENDORSED ORDER granting #1067 Procaps S.A.'s Agreed Motion to Amend/Clarify Order On Motion for Release of Funds 1065 . The Court will be issuing the Amended Order as a separate docket entry. Signed by Magistrate Judge Jonathan Goodman on 4/5/2017. (jf00)
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Filing 1067
Agreed MOTION to Amend/Correct 1066 Order,,, 1065 Order on Motion for Release of Funds, by Procaps S.A.. Responses due by 4/19/2017 (Rosenthal, Alan)
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Filing 1066
ENDORSED ORDER re #1064 Unopposed MOTION for Release of Funds filed by Procaps S.A., 1065 Order on Motion for Release of Funds, Although Plaintiff's Unopposed motion provided instructions on how the returned deposit is to be disbursed, it did not indicate how the accrued interest is to be disbursed. The Clerk's Office needs to know. Although it might be logical to conclude that the accrued interest should be allocated pro rata according to the same percentage allocation as reflected in the motion, the Financial Section of the Clerk's Office cannot make such an assumption. A specific breakdown is needed.Plaintiff shall file a notice with this clarification by April 7, 2017. Signed by Magistrate Judge Jonathan Goodman on 4/5/2017. (JG)
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Filing 1065
ENDORSED ORDER granting #1064 Procaps' unopposed Motion for Order Directing Clerk to Release Cash Bond. The Clerk shall release the cash bond in the following amounts to the following payees: Release to Patheon: Amount- $174,046.06. Payee- Cooley LLP Attorney Trust Account. Release to Procaps: Amount- Remaining balance of cash bond. Payee- Procaps S.A. c/o Carlton Fields. Signed by Magistrate Judge Jonathan Goodman on 4/4/2017. (jf00)
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Filing 1064
Unopposed MOTION for Release of Funds by Procaps S.A.. (Rosenthal, Alan)
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Filing 1063
NOTICE by Patheon Inc. That Plaintiff Did Not File a Certiorari Petition (Brochin, Robert)
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Filing 1062
ORDER on Defendant's Motion to Release Cash Bond and for Clarification of Post-Mandate Order. Signed by Magistrate Judge Jonathan Goodman on 2/15/2017. (jf00)
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Filing 1061
REPLY in Support re #1058 Defendant's MOTION for Release of Funds (Motion to Release Cash Bond)Defendant's MOTION for clarification of Post-Mandate Order filed by Patheon Inc.. (Brochin, Robert) Modified title text on 2/16/2017 (mc).
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Filing 1060
RESPONSE in Opposition re #1058 Defendant's MOTION for Release of Funds (Motion to Release Cash Bond)Defendant's MOTION for clarification of Post-Mandate Order filed by Procaps S.A.. Replies due by 2/21/2017. (Rosenthal, Alan)
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Filing 1059
ENDORSED ORDER re #1058 Defendant's MOTION for Release of Funds (Motion to Release Cash Bond)Defendant's MOTION for clarification of Post-Mandate Order filed by Patheon Inc. Procaps shall respond to Defendant's Motion to Release Cash Bond and for Clarification of Post-Mandate Order by February 13, 2017. Defendant Patheon may file an optional reply by February 14, 2017. Signed by Magistrate Judge Jonathan Goodman on 2/9/2017. (JG)
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Filing 1058
Defendant's MOTION for Release of Funds (Motion to Release Cash Bond), Defendant's MOTION for clarification of Post-Mandate Order ( Responses due by 2/23/2017) by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 1057
AMENDED post-mandate ORDER on pending issues. Signed by Magistrate Judge Jonathan Goodman on 2/6/2017. (jf00)
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Filing 1056
Post-mandate ORDER on pending issues. Signed by Magistrate Judge Jonathan Goodman on 2/3/2017. (jf00)
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Filing 1055
MANDATE of USCA (certified copy) AFFIRM Judgment/ Order of the district court with courts opinion re #1022 Notice of Appeal,, filed by Procaps S.A. ; Date Issued: 1/30/2017 ; USCA Case Number: 15-15326-EE. Bill of Costs are hereby taxed in the amount of $1050.75 against Appellant and are payable directly to Appellee. (amb)
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Filing 1054
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #1022 Notice of Appeal,, Appeal No. 15-15326-EE. The entire record on appeal is available electronically. (Entire record and docket sheet forwarded to Clerk via e-mail per Clerk's request) (hh)
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Filing 1053
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #1022 Notice of Appeal,, Appeal No. 15-15326-EE. The entire record on appeal is available electronically. (hh)
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Filing 1051
NOTICE by Procaps S.A. re 1050 Order on Motion for Miscellaneous Relief,, Notice of Filing Cash Supersedeas Bond (Attachments: #1 Exhibit A - Receipt for Cash Bond) (Rosenthal, Alan)
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Filing 1052
Clerks Notice of Receipt of Filing Fee received on 3/24/2016 in the amount of $ 190,828.88, receipt number FLS100119540 (lrz)
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Filing 1050
ENDORSED ORDER granting #1049 Plaintiff Procaps' Motion to make a cash deposit into the Court registry in lieu of a supersedeas bond.Procaps may deposit a cash bond of $190,828.88 into the Court registry in connection with the costs judgment. This is adequate security for the costs judgment pending Procaps' appeal of the Final Judgment.The Court notes that the motion is unopposed. Dave Mason would be proud. Signed by Magistrate Judge Jonathan Goodman on 3/23/2016. (JG)
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Filing 1049
MOTION to Approve Cash Bond in Lieu of Supersedeas Bond by Procaps S.A.. (Rosenthal, Alan)
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Filing 1048
JUDGMENT on Taxable Costs Award in favor of Patheon Inc. against Procaps S.A. Signed by Magistrate Judge Jonathan Goodman on 3/14/2016. (tr00)
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Filing 1047
ORDER granting #1044 Motion for Entry of Judgment. Signed by Magistrate Judge Jonathan Goodman on 3/14/2016. (tr00)
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Filing 1046
RESPONSE in Support re #1044 Defendant's MOTION for Entry of Judgment filed by Patheon Inc.. (Brochin, Robert)
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Filing 1045
RESPONSE in Opposition re #1044 Defendant's MOTION for Entry of Judgment filed by Procaps S.A.. Replies due by 3/10/2016. (Attachments: #1 Exhibit A - Procaps S.A.'s 11th Circuit Initial Brief)(Rosenthal, Alan)
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Filing 1044
Defendant's MOTION for Entry of Judgment by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 1043
ORDER granting in part #1023 Patheon's Motion for Bill of Costs. Signed by Magistrate Judge Jonathan Goodman on 2/2/2016. (tr00)
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Filing 1042
ENDORSED ORDER granting #1041 Motion to Withdraw as Attorney. Attorney Avi Robert Kaufman terminated. Signed by Magistrate Judge Jonathan Goodman on 1/29/2016. (tr00)
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Filing 1041
MOTION to Withdraw as Attorney by Avi R. Kaufman. by Procaps S.A.. Responses due by 2/16/2016 (Attachments: #1 Text of Proposed Order)(Kaufman, Avi)
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Filing 1040
ORDER granting in part and denying in part Procaps' #1034 Motion to Stay Patheon's Motion for Attorney's Fees and Non-taxable Costs. Signed by Magistrate Judge Jonathan Goodman on 1/12/2016. (tr00)
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Filing 1039
REPLY to Response to Motion re #1034 Plaintiff's MOTION to Stay re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs or to Deny Motion Without Prejudice as Premature, or Alternatively MOTION to Bifurcate to Determine Entitlement Prior to Requiring Briefing on Amount filed by Procaps S.A.. (Rosenthal, Alan)
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Filing 1038
RESPONSE in Opposition re #1034 Plaintiff's MOTION to Stay re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs or to Deny Motion Without Prejudice as Premature, or Alternatively MOTION to Bifurcate to Determine Entitlement Prior to Requiring Briefing on Amount filed by Patheon Inc.. Replies due by 1/15/2016. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 1037
REPLY to Response to Motion re #1023 MOTION for Bill of Costs filed by Patheon Inc.. (Brochin, Robert)
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Filing 1036
ENDORSED ORDER re 1035 Order establishing briefing schedule on Procaps' motion to stay [ECF No. 134] the fees motion [ECF No. 130] filed by Patheon. At the risk of stating the obvious (and to correct an inadvertent mistake -- let's call it a "senior moment" -- in the briefing schedule), it is Procaps, not Patheon, who may file an optional reply on the motion to stay. Signed by Magistrate Judge Jonathan Goodman on 12/25/2015. (JG)
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Filing 1035
ENDORSED ORDER re #1034 Plaintiff's MOTION to Stay re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs or to Deny Motion Without Prejudice as Premature, or Alternatively MOTION to Bifurcate to Determine Entitlement Prior to Requiring Briefing on Amount filed by Procaps S.A. Patheon shall by January 5, 2016 file a double-spaced response not to exceed five (5) pages,excluding signature block and certificate of service, to Procaps' motion to stay [ECF No. 1034]. Patheon may file an optional reply, not to exceed three (3) double-spaced pages, by January 11, 2016. Signed by Magistrate Judge Jonathan Goodman on 12/24/2015. (JG)
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Filing 1034
Plaintiff's MOTION to Stay re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs or to Deny Motion Without Prejudice as Premature, or Alternatively, MOTION to Bifurcate to Determine Entitlement Prior to Requiring Briefing on Amount by Procaps S.A.. Responses due by 1/11/2016 (Carlos, Natalie)
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Filing 1033
ENDORSED ORDER granting #1027 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Protective Order. Signed by Magistrate Judge Jonathan Goodman on 12/18/2015. (tr00)
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Filing 1032
NOTICE by Patheon Inc. re #1027 Defendant's MOTION to Seal per Local Rule 5.4 of Filing Corrected Defendant's Motion to Seal (Attachments: #1 Corrected Defendant's Motion to Seal) (Brochin, Robert)
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Filing 1031
RESPONSE to Motion re #1027 Defendant's MOTION to Seal per Local Rule 5.4 filed by Procaps S.A.. Replies due by 12/31/2015. (Attachments: #1 Exhibit)(Carlos, Natalie)
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Filing 1030
Defendant's MOTION for Attorney Fees and Non-Taxble Costs by Patheon Inc.. Responses due by 1/7/2016 (Attachments: #1 Exhibit 1 - M. Klisch Declaration, #2 Exhibit A-C to Klisch Decl., #3 Exhibit D part 1 to Klisch Decl, #4 Exhibit D part 2 to Klisch Decl, #5 Exhibit D part 3 to Klisch Decl, #6 Exhibit D part 4 to Klisch Decl., #7 Exhibit D part 5 to Klisch Decl., #8 Exhibit D part 6 to Klisch Decl, #9 Exhibit E-N to Klisch Decl., #10 Exhibit O-T to Klisch Decl., #11 Exhibit 2-15 to Motion)(Brochin, Robert)
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Filing 1027
Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 1028 [motion] restricted/sealed until further notice. (644753)
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SYSTEM ENTRY - Docket Entry 1029 [misc] restricted/sealed until further notice. (644753)
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Filing 1026
RESPONSE in Opposition re #1023 MOTION for Bill of Costs filed by Procaps S.A.. Replies due by 12/28/2015. (Carlos, Natalie)
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Filing 1025
TRANSCRIPT INFORMATION FORM by Procaps S.A. re #1022 Notice of Appeal,,. Pre-Trial Proceedings transcript(s) ordered. Order placed by David L. Luck. Email sent to Court Reporter Coordinator. (Luck, David)
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Filing 1024
Acknowledgment of Receipt of NOA from USCA re #1022 Notice of Appeal,, filed by Procaps S.A.. Date received by USCA: 11/25/2015. USCA Case Number: 15-15326-E. (amb)
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Filing 1023
MOTION for Bill of Costs by Patheon Inc.. Responses due by 12/17/2015 (Attachments: #1 Memorandum Memorandum in Support of Bill of Costs, #2 Exhibit A-C to Memorandum, #3 Declaration in Support of Bill of Costs, #4 Exhibit Exhibits 1-16 to Declaration, #5 Exhibit Exhibits 17-18 to Declaration, #6 Exhibit Exhibits 19-33 to Declaration)(Brochin, Robert)
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Filing 1022
Notice of Appeal as to #1020 Order on Sealed Motion, #1021 Order, Judgment,,,, #565 Order on Sealed Motion, by Procaps S.A.. Filing fee $ 505.00 receipt number 113C-8278213. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit Comp. A - Final Judgment)(Rosenthal, Alan)
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Transmission of Notice of Appeal, Orders, Final Judgment and Docket Sheet to US Court of Appeals re #1022 Notice of Appeal. Notice has been electronically mailed. (mc)
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Filing 1021
ORDER OF FINAL JUDGMENT in favor of Patheon Inc. and against Procaps S.A. The Clerk shall close this case and deny any pending motions without prejudice as moot. The Court reserves jurisdiction to enter an award for costs and, if applicable, attorney's fees. Signed by Magistrate Judge Jonathan Goodman on 10/29/2015. (tr00) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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Filing 1020
ORDER granting Patheon's #889 Motion for Summary Judgment. The Court will enter a separate final judgment. The Court will reserve jurisdiction to enter an award for costs and, if applicable, attorney's fees. All trials, hearings and status conferences are cancelled. All pending motions are denied without prejudice as moot. Signed by Magistrate Judge Jonathan Goodman on 10/29/2015. (tr00)
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Filing 1019
ORDER denying #1006 Motion to Supplement Summary Judgment Record. Signed by Magistrate Judge Jonathan Goodman on 10/29/2015. (tr00)
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Filing 1018
ENDORSED ORDER striking #1016 Procaps' Motion for Transcript Redactions for failure to comply with Local Rule 7.1's conferral requirement. Signed by Magistrate Judge Jonathan Goodman on 10/27/2015. (tr00)
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Filing 1017
Defendant's MOTION to Strike PLAINTIFF'S LIST OF AT LEAST 990 TRIAL EXHIBITS ( Responses due by 11/13/2015), MOTION, OR FOR ALTERNATIVE RELIEF by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 1016
Plaintiff's MOTION Request for Transcript Redactions by Procaps S.A.. (Attachments: #1 Transcripts Summary Judgment Hearing Transcript dated 9-24-15)(Rosenthal, Alan)
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Filing 1015
MEMORANDUM in Support of Equitable Claims by Procaps S.A.. (Attachments: #1 Exhibit)(Carlos, Natalie)
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Filing 1014
RESPONSE in Opposition re #999 Defendant's MOTION in Limine To Admit Evidence Of Procaps' Deletion Of Documents filed by Procaps S.A.. Replies due by 10/29/2015. (Attachments: #1 Exhibit)(Carlos, Natalie)
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Filing 1013
RESPONSE in Opposition re #1000 MOTION in Limine (Patheon's Motions in Limine To Exclude Evidence Regarding Claims Not Pled In The Complaint, Procaps' Confidential Information, And Patheon's Ability To Satisfy A Judgment) filed by Procaps S.A.. Replies due by 10/29/2015. (Carlos, Natalie)
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Filing 1012
MEMORANDUM of Law re #988 Notice (Other) Procaps' Equitable Claims by Patheon Inc.. (Brochin, Robert)
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Filing 1011
RESPONSE in Opposition re #998 Plaintiff's MOTION in Limine TO EXCLUDE IRRELEVANT AND PREJUDICIAL EVIDENCE AT TRIAL filed by Patheon Inc.. Replies due by 10/29/2015. (Attachments: #1 Exhibit A)(Brochin, Robert)
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Filing 1010
RESPONSE in Opposition re #1006 Plaintiff's MOTION to Supplement Summary Judgment Record and Certificate of Conference filed by Patheon Inc.. Replies due by 10/26/2015. (Brochin, Robert)
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Set/Reset Deadlines as to #1006 Plaintiff's MOTION to Supplement Summary Judgment Record and Certificate of Conference . Responses due by 10/15/2015 (lh) per Order DE# 1008
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Filing 1009
*Endorsed Order, ORDER re #1003 Notice (Other) filed by Procaps S.A. Procaps has filed a redacted version of Patheon's proposed order granting Patheon's summary judgment motion. It did so after the Undersigned provisionally permitted Patheon to file its proposed order under seal. When Patheon did that, it explained that it was compelled to file the proposed order under seal because Procaps took the position that some of the information was confidential and proprietary and could not be publicly filed. Patheon expressed its preference for publicly filing its proposed order.Procaps' redacted version of the Patheon-generated proposed order is now publicly filed, as an attachment to ECF No. 1003. The redacted version removes a few specific factual references on four pages. So the Undersigned will leave Patheon's original draft under seal, for now. But the Court may need to discuss some or all of the purportedly proprietary information in the ruling on Patheon's summary judgment motion. The Court is not inclined to issue an Order on a summary judgment motion in a $300 million antitrust case based in part on purportedly private or proprietary information. In the absence of extreme circumstances, the public would have a right of access to that type of order.The Undersigned is still working through the summary judgment motion and has not yet decided whether to grant it or deny it. Therefore, the Undersigned does not yet know whether the actual ruling will need to discuss the so-called private information. But Procaps should understand that this is a possibility. Signed by Magistrate Judge Jonathan Goodman on 10/12/2015. (JG) Signed by Magistrate Judge Jonathan Goodman on 10/12/2015. (JG)
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Filing 1008
ENDORSED ORDER re #1006 Procaps' MOTION to Supplement Summary Judgment Record and Certificate of Conference.The motion concerns Procaps' request that the record be supplemented to include a 5-page transcript of a video interview by Patheon executive Geoff Glass. Patheon shall file its double-spaced response of no more than two pages, excluding signature block and certificate of service, by October 15, 2015. No reply permitted absent specific court order. Signed by Magistrate Judge Jonathan Goodman on 10/12/2015. (JG)
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Filing 1007
ENDORSED ORDER granting #1002 Patheon's Motion to supplement the summary judgment motion record. Signed by Magistrate Judge Jonathan Goodman on 10/12/2016. (JG)
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Filing 1006
Plaintiff's MOTION to Supplement Summary Judgment Record and Certificate of Conference by Procaps S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Coutroulis, Chris)
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Filing 1005
NOTICE by Procaps S.A. of Position Regarding Patheon's Motion to Supplement Summary Judgment Record [D.E. 1002] and Related Motion by Procaps for Leave to File Attached Response (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Coutroulis, Chris)
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Filing 1004
NOTICE by Patheon Inc. re #1002 Defendant's MOTION to Supplement Summary Judgment Record of Procaps' Consent to Supplemental Evidence (Attachments: #1 Exhibit 1) (Brochin, Robert)
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Filing 1003
NOTICE by Procaps S.A. re 996 Order on Motion to Seal,,, in Compliance with Endorsed Order [D.E. 996] (Attachments: #1 Text of Proposed Order) (Rosenthal, Alan)
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Filing 1002
Defendant's MOTION to Supplement Summary Judgment Record by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 1001
ORDER establishing briefing schedule for Motions in Limine. Signed by Magistrate Judge Jonathan Goodman on 10/8/2015. (tr00)
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Filing 1000
MOTION in Limine (Patheon's Motions in Limine To Exclude Evidence Regarding Claims Not Pled In The Complaint, Procaps' Confidential Information, And Patheon's Ability To Satisfy A Judgment) by Patheon Inc.. (Brochin, Robert)
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Filing 999
Defendant's MOTION in Limine To Admit Evidence Of Procaps' Deletion Of Documents by Patheon Inc.. (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, #9 Exhibit 9)(Brochin, Robert)
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Filing 998
Plaintiff's MOTION in Limine TO EXCLUDE IRRELEVANT AND PREJUDICIAL EVIDENCE AT TRIAL by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Carlos, Natalie)
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Filing 997
NOTICE of Compliance WITH ORDER [DE 985] ON PATHEONS SHOW CAUSE MOTION by Procaps S.A. re #985 Order on Sealed Motion (Rosenthal, Alan)
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Filing 996
ENDORSED ORDER provisionally granting #992 Patheon's Motion to file Under Seal. Procaps shall, by October 12, 2015, submit a memorandum of no more than 4 double-spaced pages, excluding signature block and certificate of service, giving notice of its position on whether Patheon's proposed order should be filed under seal. If Procaps advocates for an under-seal procedure, then it should explain why an under-seal filing is appropriate, especially because the proposed order is focused on the merits of a substantive summary judgment motion in a $300 million antitrust case. Given the nature of the case and the procedural posture, Procaps' memorandum should outline why the public should not have access to this submission and why Patheon's proposed order should be filed in a manner designed to keep its proposal secret from the public. Signed by Magistrate Judge Jonathan Goodman on 10/5/2015. (tr00)
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Filing 995
ENDORSED ORDER granting #993 Unopposed Motion to Supplement the Summary Judgment Record. Signed by Magistrate Judge Jonathan Goodman on 10/5/2015. (tr00)
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Filing 994
NOTICE by Procaps S.A. of Filing Procaps' Proposed Order on Patheon's Motion for Summary Judgment (Attachments: #1 Text of Proposed Order) (Coutroulis, Chris)
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Filing 993
Unopposed MOTION Supplement the Summary Judgment Record by Procaps S.A.. (Attachments: #1 Exhibit 1)(Coutroulis, Chris)
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Filing 992
MOTION to File Under Seal Proposed Order Granting Patheon's Motion for Summary Judgment by Patheon Inc. (nc) (Additional attachment(s) added on 10/5/2015: #1 Text of Proposed Order) (nc).
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Filing 991
ENDORSED ORDER re the parties' Rule of Reason Proposals [ECF Nos. #822 ; #823 ]: The parties shall, by October 7, 2015, submit their Rule of Reason memoranda in Microsoft Word format to the Undersigned's efile inbox (goodman@flsd.uscourts.gov). Signed by Magistrate Judge Jonathan Goodman on 10/5/2015. (tr00)
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Filing 990
TRANSCRIPT of Motion Hearing (Transcribed from the Digital Audio Recording) held on September 24, 2015, before Magistrate Judge Jonathan Goodman, 1-358 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 14:01:38.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/26/2015. Redacted Transcript Deadline set for 11/5/2015. Release of Transcript Restriction set for 1/4/2016. (le)
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Filing 989
ENDORSED ORDER RE: BRIEFING FOR EQUITABLE CLAIMS.In the Amended Post Summary Judgment Hearing Administrative Order [ECF No. 984], the Undersigned directed Procaps to file a supplemental notice concerning its equitable claims. The purpose was to specify the issues which the parties would be addressing in their memoranda on those claims. The Order noted that the Court would specify the page limits once Procaps filed its amended, or supplemental, notice.Procaps has now filed its amended notice [ECF No. 988]. The memoranda shall not exceed 20 double-spaced pages, excluding signature block and certificate of service.However, the Undersigned is changing the due date for the memoranda. The memoranda are now due on October 19, 2015. Signed by Magistrate Judge Jonathan Goodman on 10/1/2015. (JG)
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Filing 988
NOTICE by Procaps S.A. re 714 Order on Motion for Miscellaneous Relief,, #984 Order of Equitable Claims (Amended) (Attachments: #1 Exhibit) (Carlos, Natalie)
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Filing 987
NOTICE by Procaps S.A. re #984 Order OF FILING POWERPOINT PRESENTATION IN COMPLIANCE WITH COURTS INSTRUCTIONS DURING SEPTEMBER 24, 2015 HEARING AND DE 984 (Attachments: #1 Exhibit 1) (Rosenthal, Alan)
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Filing 986
NOTICE by Procaps S.A. re #984 Order OF FILING VIDEO TRANSCRIPTS IN COMPLIANCE WITH COURTS INSTRUCTIONS DURING SEPTEMBER 24, 2015 HEARING AND DE 984 (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Rosenthal, Alan)
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Filing 985
ORDER on Patheon's 939 Motion to Show Cause. Signed by Magistrate Judge Jonathan Goodman on 9/30/2015. (tr00)
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Filing 984
AMENDED POST-SUMMARY JUDGMENT HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/29/2015. (tr00)
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Filing 983
MEMORANDUM of Law re 967 Order on Motion to Seal,,, by Procaps S.A.. (Attachments: #1 Exhibit Defendant's Reply in Support of its Motion for Summary Judgment)(Rosenthal, Alan)
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SYSTEM ENTRY - Docket Entry 982 [misc] restricted/sealed until further notice. (nc)
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Filing 981
MOTION to File Under Seal by Patheon Inc. (Attachments: #1 Exhibit 1)(nc)
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Filing 980
Clerks Notice to Filer re #975 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#979]. It is not necessary to refile this document. (tpl)
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Filing 978
NOTICE by Patheon Inc. of Filing Summary Judgment Presentation and Correction to Summary Judgment Record (Attachments: #1 Supplement Redacted Motion for Summary Judgment Oral Argument Presentation) (Brochin, Robert)
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Filing 977
POST-SUMMARY JUDGMENT HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/28/2015. (tr00)
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Filing 979
RESPONSE to 951 Endorsed Order on Motion to Seal,, by Procaps S.A.. (see DE #975 for image) (tpl)
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Filing 976
MEMORANDUM in Support re 952 Order on Motion to Seal,,,,,, by Procaps S.A.. (Attachments: #1 Exhibit Procaps Memorandum in Opposition to Patheons Motion for Summary Judgment, #2 Exhibit Ex. 78: Procaps Response to Patheons New Interrogatories., #3 Exhibit Ex. 80: Procaps Revised Supplemental Response to Patheons New Interrogatories, #4 Exhibit Ex. 100: Excerpts of Ruben Minski 8/7/15 Deposition Transcript, #5 Exhibit Ex. 101: Errata Sheet of Ruben Minski 8/7/15 Deposition Transcript)(Carlos, Natalie)
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Filing 975
NOTICE by Procaps S.A. re 951 Order on Motion to Seal,, (Attachments: #1 Exhibit 1) (Coutroulis, Chris)
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Filing 974
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 9/24/2015 re #889 MOTION for Summary Judgment and Memorandum In Support by Patheon Inc. (Digital 14:01:38.) (mso)
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Filing 973
NOTICE by Procaps S.A. of Reliance on Authority (Attachments: #1 Exhibit) (Coutroulis, Chris)
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Filing 972
REPLY to Response to Motion re #938 MOTION to Seal /in Support of Motion to Show Cause [DE 939] filed by Patheon Inc.. (Brochin, Robert)
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Filing 971
NOTICE of Compliance and Consent to Public Filing of Procaps Summary Judgment Opposition Brief and Certain Exhibits by Patheon Inc. re 952 Order on Motion to Seal,,,,,, (Attachments: #1 Exhibit 1) (Brochin, Robert)
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Filing 970
NOTICE of Compliance by Patheon Inc. re 933 Order,,,,, (Brochin, Robert)
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Filing 969
ENDORSED ORDER granting #965 Joint Motion to Bring Electronic Equipment into the Courtroom. The parties and their attorneys are free to bring into the courtroom laptop computers, projectors, screens, televisions, monitors, "Elmos," and other, similar equipment. This Order may be shown to the deputy marshals or courtroom security officers as the necessary authority for bringing the equipment into the building and into the courtroom. The parties may arrive and begin setting up their technology in the courtroom at 11:30 AM on September 24, 2015. Signed by Magistrate Judge Jonathan Goodman on 9/22/2015. (tr00)
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Filing 968
ENDORSED ORDER granting #960 Motion to Seal pursuant to Local Rule 5.4 and the Court's #889 Order. Signed by Magistrate Judge Jonathan Goodman on 9/22/2015. (tr00)
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Filing 967
ENDORSED ORDER provisionally granting #957 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. However, Patheon notes it is filing under seal only pursuant to the requirements of the #86 Stipulated Confidentiality Order. Because this is not a mere discovery dispute, but, rather, a substantive, potentially case-dispositive matter, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Procaps. Procaps shall, by September 29, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis (as well as for the reply memorandum itself), the reasons why each item needs to be filed under seal. No reply is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 9/22/2015. (tr00)
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Filing 966
ENDORSED ORDER provisionally granting #956 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. As noted in the Court's previous Order concerning this exhibit [ECF No. 955 ], Procaps may address this issue in the required memorandum that the Court instructed [ECF No. 952 ] it to file concerning why this and other exhibits should be kept under seal, considering that they relate to a substantive, potentially case-dispositive motion. Signed by Magistrate Judge Jonathan Goodman on 9/22/2015. (tr00)
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Filing 965
Joint MOTION to Bring Electronic Equipment into the courtroom (Joint Motion to Allow Presentation Equipment at Summary Judgment Hearing) by Patheon Inc.. Responses due by 10/8/2015 (Brochin, Robert)
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Filing 964
RESPONSE in Opposition re #938 MOTION to Seal /Motion to Show Cause [DE 939] filed by Procaps S.A.. Replies due by 10/1/2015. (Rosenthal, Alan)
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Filing 960
MOTION to File Under Seal Questions and Exhibits for Summary Judgment Hearing In Compliance with Order [DE 891] by Procaps S.A., (nc)
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Filing 959
NOTICE of Compliance by Patheon Inc. re 891 Order,,,,,,, (Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 958 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 963 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 961 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 962 [misc] restricted/sealed until further notice. (nc)
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Filing 957
MOTION to File Under Seal by Patheon Inc. (nc)
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Filing 956
MOTION to File Under Seal Substitute Exhibit 78 by Procaps S.A., (nc) (Additional attachment(s) added on 9/21/2015: #1 Exhibit 78) (nc).
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Filing 955
ENDORSED ORDER denying without prejudice Procaps' #954 Motion to Substitute Exhibit 78 to Procaps' Memorandum in Opposition to Patheon's Second Motion for Summary Judgment. Procaps may address this issue in the required memorandum that the Court instructed [ECF No. 952 ] it to file concerning why this and other exhibits should be kept under seal, considering that they relate to a substantive, potentially case-dispositive motion. Accordingly, Procaps may include in that briefing why this document should be 1) kept under seal as is, 2) redacted and publicly filed, or 3) redacted and kept under seal. Signed by Magistrate Judge Jonathan Goodman on 9/18/2015. (tr00)
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Filing 954
Unopposed MOTION to Substitute Exhibit 78 to Procaps Memorandum in Opposition to Patheons Second Motion for Summary Judgment by Procaps S.A.. (Rosenthal, Alan)
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Filing 953
NOTICE by Patheon Inc. of Filing Exhibits 119, 121 and 126 to its Reply in Support of Motion for Summary Judgment (Attachments: #1 Exhibit 119, #2 Exhibit 121, #3 Exhibit 126) (Brochin, Robert)
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Filing 952
ENDORSED ORDER provisionally granting Procaps' #930 Motion to Seal the Response to Patheon's Motion for Summary Judgment and attached exhibits pursuant to Local Rule 5.4 and the Stipulated Confidentially Order.Procaps shall, by September 25, 2015, publicly file a redacted version of its Response to the Summary Judgment on CM/ECF. Additionally, because this is not a mere discovery dispute, but, rather, a response to a substantive, potentially case dispositive motion, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Procaps. Procaps shall, by September 25, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each of its exhibits (specifically Exhibits 76, 78, 80, 100, 101 and 105) and the memorandum (or specifically, portions of the memorandum) need to be filed under seal. No reply is permitted absent further Court order.Procaps notes it is filing certain other exhibits (specifically Exhibits 74, 75, 79, 83-93, 95-98, 104, 106, 107, 109-113, 115 and 116) under seal pursuant only to the requirements of the #86 Stipulated Confidentiality Order. For the same reasons stated above concerning Procaps' exhibits, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Patheon. Patheon shall, by September 25, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each of the above-listed exhibits needs to be filed under seal. No reply is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 9/17/2015. (tr00)
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Filing 951
ENDORSED ORDER provisionally granting Procaps' #943 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. However, because this is not a mere discovery dispute, but, rather, a substantive motion which might affect the summary judgment ruling and trial, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Procaps. Procaps shall, by September 25, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each exhibit needs to be filed under seal. No reply is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 9/17/2015. (tr00)
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Filing 950
ENDORSED ORDER granting Patheon's #928 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order; and granting Procaps' #942 Motion to Seal pursuant to Local Rule 5.4 and the Court's 927 Sealed Omnibus Discovery Order. Signed by Magistrate Judge Jonathan Goodman on 9/17/2015. (tr00)
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Filing 949
ENDORSED ORDER re Patheon's 939 SEALED MOTION to Show Cause. Procaps shall, by 9/21/2015, file a response of no more than 5 double-spaced pages, excluding signature block and certificate of service. Patheon may, by 9/23/2015, file an optional reply of no more than 3 double-spaced pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 9/17/2015. (tr00)
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Filing 948
ENDORSED ORDER granting #938 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 9/17/2015. (tr00)
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Filing 947
NOTICE by Procaps S.A. re 714 Order on Motion for Miscellaneous Relief,, (Rosenthal, Alan)
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Filing 946
RESPONSE in Opposition re #934 MOTION in Limine Regarding Testimony of W. James Lloyd filed by Procaps S.A.. Replies due by 9/28/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rosenthal, Alan)
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Filing 945
ENDORSED ORDER re #941 Notice of Compliance filed by Procaps S.A. The Undersigned has conducted an in camera, ex parte review of the materials which Procaps filed under seal, in compliance with my Sealed Omnibus Discovery Order [ECF No. 927].The Undersigned saw no evidence in these materials to support Patheon's argument that the crime-fraud-misconduct theory requires the production of communications protected by Procaps' attorney-client privilege or work product exception to discovery. The Undersigned is not, with this conclusion, ruling that the crime-fraud exception has expanded into a misconduct exception. Rather, I am simply noting that no grounds to support the requested disclosure exist even if the exception is broadened to encompass misconduct, tortious conduct and discovery violations.Likewise, I did not see any material in the under-seal submission to support Patheon's theory that Procaps and its counsel were involved in an improper conspiracy to create or expand antitrust damages in this case under the so-called Rule of Reason. In other words, the documents I reviewed in camera do not support Patheon's allegation that Procaps "manufactured its Section 1 (antitrust) claim." [ECF No. 883-2, p. 2].Therefore, the Undersigned rejects Patheon's crime-fraud-misconduct theory and consequently rejects Patheon's request that I order Procaps to produce all privileged communications.One final point:In its Notice of Compliance [ECF No. 941], Procaps asked the Undersigned to give it the opportunity to seek "prior interlocutory review, if necessary," if I were to, among other things, provide "any on-the-record or other public comments" about the "contents of the privileged communications." (emphasis added). Under the circumstances, and given the nature of the comments made here, I do not construe Procaps' request as actually encompassing the language used in this Order. In other words, the Undersigned concludes that Procaps did not intend for "any" to actually mean "any" because there is nothing in this Order which would jeopardize or undermine the privileges Procaps has asserted to the under-seal documents. Therefore, there is nothing in this Order which would cause Procaps to seek prior interlocutory review. Signed by Magistrate Judge Jonathan Goodman on 9/16/2015. (JG)
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Filing 944
RESPONSE in Opposition re #936 MOTION in Limine Regarding Testimony by Roger D. Blair, Ph.D. filed by Procaps S.A.. Replies due by 9/28/2015. (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)(Coutroulis, Chris)
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Filing 943
MOTION to File Under Seal Exhibits to Its Response to Patheon's Daubert Motion As to W. James Lloyd by Procaps S.A., (nc) (Additional attachment(s) added on 9/17/2015: #1 Exhibit B, #2 Exhibit C, #3 Exhibit C cont'd, #4 Exhibit D, #5 Exhibit D cont'd, #6 Exhibit D cont'd) (nc).
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Filing 942
MOTION to File Privileged Communications Under Seal by Procaps S.A., (nc) (Additional attachment(s) added on 9/17/2015: #1 Exhibit, #2 Exhibit cont'd, #3 Exhibit cont'd, #4 Exhibit cont'd) (nc).
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Filing 941
NOTICE of Compliance Regarding Under-Seal Filing [DE 927] by Procaps S.A. (Carlos, Natalie)
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Filing 940
RESPONSE in Opposition re #935 MOTION in Limine Regarding Testimony by David J. Heyens filed by Procaps S.A.. Replies due by 9/28/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Coutroulis, Chris)
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Filing 937
PAPERLESS CLERK'S NOTICE of Compliance re 932 Endorsed Order. (ra)
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Filing 933
ENDORSED ORDER regarding summary judgment motion binders.Patheon submitted a courtesy copy of its summary judgment motion to chambers, and the Court appreciates the 2-volume copy. However, the Court would like an additional courtesy copy for the law clerk working with me on this case. In addition, I would like two master copies (one for me and one for my law clerk) of all cases and authorities cited in the motion. These binders of authorities should be in alphabetical order, tabbed, with a table of contents, and with the relevant portions of the cases and other authorities highlighted. In addition, I would also appreciate two master copies of Patheon's reply memorandum, along with copies of authorities cited in the reply (but only if those authorities are not also cited in the original motion, as courtesy copies of those authorities will have already been submitted to chambers).The same request for binders applies to Procaps, which has already submitted under seal its opposition response.Procaps shall submit the response-related binders by September 22, 2015. Patheon shall submit the additional copy of its first binders and the binders of authorities for its motion by September 22, 2015. Patheon shall submit reply-related binders to chambers within three business days of filing its reply.The Undersigned thanks the parties in advance for their cooperation. Signed by Magistrate Judge Jonathan Goodman on 9/16/2015. (JG)
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SYSTEM ENTRY - Docket Entry 939 [motion] restricted/sealed until further notice. (nc)
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Filing 938
MOTION to File Under Seal by Patheon Inc. (nc)
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Filing 932
ENDORSED ORDER re #899 Patheon's Motion to File Under Seal and #924 Notice by Procaps S.A. re 902 Order on Motion to Seal.Presently, Exhibit A [ECF No. [899-1]], Exhibit B [ECF No. [899-2]], and Exhibit C [ECF Nos. [899-3]; [899-4]], are entered as single docket entries (except that Exhibit C is split into two docket entries). Each exhibit, however, represents a separate (provisionally) sealed motion with several attached exhibits. Each of these must be re-entered as separate docket entries with the appropriate attachments as follows:Exhibit A [ECF No. [899-1]]: The Motion itself shall be entered as an UNSEALED Motion, and each of the following exhibits shall be individually entered as UNSEALED attachments to the newly-unsealed Motion: Exhibit A-1; Exhibit A-3; Exhibit A-4; Exhibit A-5 (presently docketed at ECF No. [897-1]); Exhibit A-6; Exhibit A-7; Exhibit A-8. Exhibit A-2 shall be entered independently as a SEALED docket entry.Exhibit B [ECF No. [899-2]]: The Motion itself shall be entered as an UNSEALED Motion, and it's single Exhibit shall be entered as an UNSEALED attachment to the newly-unsealed Motion.Exhibit C [ECF Nos. [899-3]; [899-4]]: The Motion itself shall be entered as an UNSEALED Motion, and each of the following exhibits shall be individually entered as UNSEALED attachments to the newly-unsealed Motion: Exhibit C-1; Exhibit C-3; Exhibit C-4. Signed by Magistrate Judge Jonathan Goodman on 9/15/2015. (tr00)
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SYSTEM ENTRY - Docket Entry 926 [motion] restricted/sealed until further notice. (ra)
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SYSTEM ENTRY - Docket Entry 927 [order] restricted/sealed until further notice. (ra)
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SYSTEM ENTRY - Docket Entry 929 [misc] restricted/sealed until further notice. (ra)
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SYSTEM ENTRY - Docket Entry 931 [misc] restricted/sealed until further notice. (ra)
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SYSTEM ENTRY - Docket Entry 925 [motion] restricted/sealed until further notice. (ra)
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Filing 930
MOTION to Seal Memorandum in Opposition to Second Motion for summary judgment. (ra)
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Filing 928
MOTION to Seal Opposition to Motion to Strike (ra)
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Filing 924
NOTICE by Procaps S.A. re 902 Order on Motion to Seal,,,,, (Pappas, Gary)
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Filing 923
NOTICE by Procaps S.A. of Filing Exhibits in Support of its Memorandum in Oppositionto Patheon's Second Motion for Summary Judgment (Attachments: #1 Exhibit 74 - filed under seal, #2 Exhibit 75 - filed under seal, #3 Exhibit 76 - filed under seal, #4 Exhibit 77 - public, #5 Exhibit 78 - filed under seal, #6 Exhibit 79 - filed under seal, #7 Exhibit 80 - filed under seal, #8 Exhibit 81 - public, #9 Exhibit 82 - public, #10 Exhibit 83 - filed under seal, #11 Exhibit 84 - filed under seal, #12 Exhibit 85 - filed under seal, #13 Exhibit 86 - filed under seal, #14 Exhibit 87 - filed under seal, #15 Exhibit 88 - filed under seal, #16 Exhibit 89 - filed under seal, #17 Exhibit 90 - filed under seal, #18 Exhibit 91 - filed under seal, #19 Exhibit 92 - filed under seal, #20 Exhibit 93 - filed under seal, #21 Exhibit 94 - public, #22 Exhibit 95 - filed under seal, #23 Exhibit 96 - filed under seal, #24 Exhibit 97 - filed under seal, #25 Exhibit 98 - filed under seal, #26 Exhibit 99 - public, #27 Exhibit 100 - filed under seal, #28 Exhibit 101 - filed under seal, #29 Exhibit 102 - public, #30 Exhibit 103 - public, #31 Exhibit 104 - filed under seal, #32 Exhibit 105 - filed under seal, #33 Exhibit 106 - filed under seal, #34 Exhibit 107 - filed under seal, #35 Exhibit 108 - public, #36 Exhibit 109 - filed under seal, #37 Exhibit 110 - filed under seal, #38 Exhibit 111 - filed under seal, #39 Exhibit 112 - filed under seal, #40 Exhibit 113 - filed under seal, #41 Exhibit 114 - public, #42 Exhibit 115 - filed under seal, #43 Exhibit 116 - filed under seal, #44 Exhibit 117 - public, #45 Exhibit 118 - public) (Coutroulis, Chris)
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Filing 922
ENDORSED ORDER granting #916 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 9/10/2015. (tr00)
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Filing 921
ENDORSED ORDER granting #915 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 9/10/2015. (tr00)
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Filing 920
ENDORSED ORDER re 917 Procps' SEALED MOTION to Strike Un-Redacted Exhibit and Deposition Testimony Derived from Improper Questioning by Procaps S.A. Patheon shall file a double-spaced response of no more than 5 pages, excluding signature block and certificate of service, by 9:00 a.m. on Friday, September 11, 2015. No reply permitted. The Undersigned anticipates issuing an Omnibus Order on this motion and other, related motions on September 11, 2015 (though it may well be in the evening) so that the Parties will know the ruling before the reconvened 30(b)(6) deposition of Procaps' Alvaro Franco begins on Saturday, September 12, 2015. Signed by Magistrate Judge Jonathan Goodman on 9/9/2015. (JG)
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Filing 919
NOTICE by Patheon Inc. re 907 Order,,,,,,,,, of Filing Memorandum in Response to Hypothetical (Attachments: #1 Memorandum) (Brochin, Robert)
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Filing 918
RESPONSE/REPLY to 907 Order,,,,,,,,, Regarding Hypothetical by Procaps S.A.. (Attachments: #1 Exhibit)(Carlos, Natalie)
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Filing 916
MOTION to File Under Seal Procaps' Motion to Strike Un-Redacted Exhibit and Deposition Testimony Derived from Improper Questioning by Procaps S.A. (nc)
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Filing 915
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 9/9/2015: #1 Exhibit 2, #2 Exhibit 3) (nc).
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Filing 914
CLERK'S NOTICE of Compliance by Unsealing #889 MOTION for Summary Judgment and Memorandum In Support, pursuant to 913 Endorsed Order (nc)
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Filing 913
ENDORSED ORDER re #911 Notice by Procaps. On 9/1/2015, the Undersigned provisionally granted 893 Patheon's motion #888 to seal its motion for summary judgment #889 and attached exhibits. The Undersigned instructed Procaps to file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each exhibit needs to be filed under seal. Procaps has now submitted a Notice #911 stating that it supports the public filing of Patheon's Motion for Summary Judgment and all exhibits attached thereto. Accordingly, the Clerk of Court is directed to unseal ECF No. #889 . Signed by Magistrate Judge Jonathan Goodman on 9/9/2015. (tr00)
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Filing 912
NOTICE of Compliance by Procaps S.A. re #905 Order (Carlos, Natalie)
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Filing 911
NOTICE by Procaps S.A. re 893 Order on Motion to Seal,,, (Coutroulis, Chris)
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SYSTEM ENTRY - Docket Entry 917 [motion] restricted/sealed until further notice. (nc)
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Filing 910
CLERK'S CORRECTION NOTICE re 909 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 9/3/2015 re #895 Plaintiff's MOTION for Extension of Time of Deposition Deadline re 885 Order on Motion to Compel, filed by Procaps S.A., #894 Plaintiff's MOTION for clarification 885 Order on Motion to Compel, MOTION for Hearing filed by Procaps S.A. (Digital 18:00:20.) Modified docket text on 9/8/2015 to correct the date hearing was held. (mso). (mso)
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Filing 909
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 9/3/2015 re #895 Plaintiff's MOTION for Extension of Time of Deposition Deadline re 885 Order on Motion to Compel, filed by Procaps S.A., #894 Plaintiff's MOTION for clarification 885 Order on Motion to Compel, MOTION for Hearing filed by Procaps S.A. (Digital 18:00:20.) Modified docket text on 9/8/2015 to correct the date hearing was held. (mso).
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Filing 908
TRANSCRIPT of Telephonic Discovery Hearing held on 9/3/2015 before Magistrate Judge Jonathan Goodman, 1-54 pages, Court Reporter: Bonnie Joy Lewis, Case Law Reporting, Inc., 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/2/2015. Redacted Transcript Deadline set for 10/13/2015. Release of Transcript Restriction set for 12/10/2015. (Attachments: #1 Designation)(mc)
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Filing 907
ENDORSED ORDER regarding hypothetical.Given the upcoming trial date and Patheon's intent to reconvene a Rule 30(b)(6) deposition this Saturday, September 12, 2015, the Undersigned would like each side to by September 9, 2015 submit a double-spaced memorandum of no more than 5 pages (excluding signature block and certificate of service) on the following hypothetical:Assume that an attorney for a plaintiff pursuing a personal injury products liability lawsuit advised her client to not attend the physical therapy sessions recommended by her doctor because she wants the jury to award significant damages, a goal which would be undermined if her client medically improved because of the physical therapy. In addition, assume further that the same attorney also advised her client to postpone a recommended regimen of corrective surgery and prescription medication for the same strategic reason -- i.e., creating damages, maintaining damages and/or preventing the reduction of damages. And further assume that the attorney advised her client to (1) wear sloppy clothes at trial, (2) not use makeup at trial, and (3) not sleep the night before trial and to minimize sleep during the trial -- because the attorney wanted her to "look bad" in the hope that the jury would increase its damages award.If the Plaintiff attorney's advice to her client were contained in privileged emails, then would the defendant be entitled to those privileged emails in discovery, and, if so, under what legal doctrine (i.e., the "at issue" doctrine, the crime-fraud doctrine, some other theory)? Would the answer depend on which specific advice was being analyzed? Please note that the plaintiff in this hypothetical has not affirmatively placed her attorney's advice at issue. In other words, unlike a criminal defendant relying on an advice of counsel defense, she is not relying on it to prove her claim (or defense, in the case of an advice of counsel scenario). Instead, the privileged emails would likely help the defense on issues of proximate causation and the amount and scope of damages -- just like virtually all privileged information would likely help the opposing party if disclosed. Signed by Magistrate Judge Jonathan Goodman on 9/4/2015. (JG)
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Filing 906
ENDORSED ORDER denying as moot #904 Patheon's Motion for Clarification. Signed by Magistrate Judge Jonathan Goodman on 9/2/2015. (JG)
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Filing 905
POST-HEARING ADMINISTRATIVE ORDER re September 3, 2015 Hearing (and Adding Additional Filing Requirement). Signed by Magistrate Judge Jonathan Goodman on 9/4/2015. (tr00)
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Filing 904
Defendant's MOTION for clarification of the Court's September 3, 2015 Rulings by Patheon Inc.. Responses due by 9/21/2015 (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 903
RESPONSE in Opposition re #894 Plaintiff's MOTION for clarification 885 Order on Motion to Compel,,,,, MOTION for Hearing filed by Patheon Inc.. Replies due by 9/14/2015. (Brochin, Robert)
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Filing 902
ENDORSED ORDER provisionally granting #899 Patheon's Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order.However, Patheon notes it is filing under seal only pursuant to the requirements of the #86 Stipulated Confidentiality Order. Because this is not a mere discovery dispute, but, rather, a substantive motion which might affect the summary judgment ruling and trial, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Procaps. Procaps shall, by September 11, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each exhibit needs to be filed under seal. No reply is permitted absent further Court order. Additionally, the Clerk's Office is instructed to enter the attached sealed exhibits (Exhibits A, B and C to the Motion to Seal [ECF Nos. [899-1]; [899-2]; [899-3]; [899-4]]) as separate sealed docket entries, as follows: Exhibit A [ECF No. [899-1]] should be designated as a Sealed Motion on CM/ECF, and the remaining Exhibits, B and C (and C cont.) [ECF Nos. [899-2]; [899-3]; [899-4]] should be set as attached exhibits to the Sealed Motion [ECF No. [899-1]]. Signed by Magistrate Judge Jonathan Goodman on 9/3/2015. (tr00)
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Filing 901
RESPONSE in Opposition re #895 Plaintiff's MOTION for Extension of Time of Deposition Deadline re 885 Order on Motion to Compel,,,,, filed by Patheon Inc.. Replies due by 9/14/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 900
Clerks Notice to Filer re #894 Plaintiff's MOTION for clarification 885 Order on Motion to Compel,,,,, . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tpl)
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Filing 898
ENDORSED ORDER re 891 Order,,,,,,, 890 Endorsed Order, Set/Reset Motion/R&R Deadlines and Hearings, Set/Reset Hearings,,,,,,,,,,,,,,,,,, #889 SEALED MOTION for Summary Judgment and Memorandum In Support by Patheon Inc. This Order is designed to give the parties notice of an upcoming assignment so that they are not facing an unduly tight deadline to comply. In other words, this Order is intended to provide the parties with the ability to start the work needed to complete the task well in advance of the deadline, so they can avoid angst and other negative conditions and emotions. Here is the assignment:The parties shall, by October 5, 2015 ( a week and a half after the summary judgment motion hearing), file a proposed order on Patheon's summary judgment motion. The proposed order shall be double-spaced and be limited to 25 pages, excluding signature block and certificate of service. The proposed order shall be drafted as if the Undersigned prepared it, ready to be signed and uploaded. The parties shall also submit an extra courtesy copy, in "Word" format, to the Undersigned's e-file inbox. The proposed order should, as might be necessary, discuss key issues addressed at the summary judgment hearing. The parties should not pursue strategies designed to circumvent the spirit of the page limit. Thus, to provide some illustrations, the parties should not include page-long quotes from deposition transcripts, cases or memoranda in single space format, and they should avoid half-page (or longer) footnotes in single space format. Similar to an actual Order entered by a Court on a summary judgment motion, the proposed orders should include (1) pinpoint citations to the record whenever a fact is mentioned, and (2) precise, pinpoint page citations to case law references.Absent compelling circumstances bordering on a genuine emergency, the Undersigned will not change the due date or the page limitation. Signed by Magistrate Judge Jonathan Goodman on 9/3/2015. (JG)
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Filing 936
UNSEALED MOTION to Exclude the Testimony of Roger D. Blair by Patheon Inc. (docketed as per 932 Order, confirmed with Chamber) (ra)
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Filing 935
UNLEALED MOTION to Exclude the Testimony of David H. Heyens by Patheon Inc. (docketed as per 932 Order, confirmed with Chamber) (ra)
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Filing 934
UNSEALED MOTION to Exclude the Testimony of W. James Lloyd by Patheon Inc. (docketed as per 932 Order, confirmed with Chamber) (ra) (Additional attachment(s) added on 9/16/2015: #1 SEALED Exhibit) (ra). Modified Text on 9/16/2015 (ra).
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Filing 899
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 9/3/2015: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C cont'd) (nc).
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Filing 897
NOTICE by Patheon Inc. (Notice of Filing Exhibit 5 to Motion to Exclude the Testimony of W. James Lloyd, filed Sept. 2, 2015) (Attachments: #1 Exhibit 5 to Motion to Exclude the Testimony of W. James Lloyd) (Brochin, Robert)
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Filing 896
ENDORSED ORDER re #895 Plaintiff's Motion for Extension of Time of Deposition Deadline and #894 Plaintiff's Motion for Clarification. Patheon shall, by 5:00 PM on 9/3/2015, file a response to of no more than four double-spaced pages, excluding signature block and certificate of service to #894 Plaintiff's Motion for Clarification; Patheon also shall, by 5:00 PM on 9/3/2015, file a response to of no more than two double-spaced pages, excluding signature block and certificate of service, to #895 Plaintiff's Motion for Extension of Time of Deposition Deadline. No reply permitted for either motion.Additionally, the Undersigned will hold a Telephonic Motion Hearing on both motions [ECF Nos. #894 ; #895 ] on 9/3/2015 at 06:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The call-in procedure is as follows: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular telephone use permitted. Signed by Magistrate Judge Jonathan Goodman on 9/2/2015. (tr00)
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Filing 895
Plaintiff's MOTION for Extension of Time of Deposition Deadline re 885 Order on Motion to Compel,,,,, by Procaps S.A.. Responses due by 9/21/2015 (Carlos, Natalie)
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Filing 894
Plaintiff's MOTION for clarification 885 Order on Motion to Compel,,,,, by Procaps S.A.. Responses due by 9/21/2015 (Attachments: #1 Exhibit August 31, 2015 email, #2 Exhibit Declaration)(Carlos, Natalie). Added MOTION for Hearing on 9/3/2015 (tpl).
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Filing 893
ENDORSED ORDER provisionally granting #888 Patheon's Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order.However, Patheon notes that it supports the public filing of this motion and all of the attached exhibits, but it is filing under seal only pursuant to the requirements of the #86 Stipulated Confidentiality Order. Because this is a dispositive motion seeking substantive relief, and not a discovery motion, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Procaps. Procaps shall, by September 9, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each exhibit needs to be filed under seal. No reply is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 9/1/2015. (tr00)
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Filing 892
ENDORSED ORDER granting #883 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 9/1/2015. (tr00)
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Filing 891
ENDORSED ORDER re 890 Endorsed Order, Set/Reset Motion/R&R Deadlines and Hearings, Set/Reset Hearings,,,,,,,,,,,,,,,,,, In connection with the September 24, 2015 in-person hearing on Patheon's summary judgment motion, the parties shall by September 21, 2015 file under seal a list of 10 specific questions which it would like the Undersigned to ask opposing counsel at the hearing. The questions may be about the factual record, the law, exhibits, the arguments raised in the briefing or any other issue relevant to the Undersigned's analysis of the summary judgment motion.To the extent that the questions (which should be precise and pinpoint) concern exhibits, the parties may attach relevant exhibits to the under-seal list of questions. However, the parties should not indiscriminately file massive numbers of exhibits, nor should they file exhibits which run on for dozens of pages. It is highly unlikely that the Undersigned will have time to adequately review more than an extremely modest number of pages of exhibits attached to the questions. By providing this alternative, the Undersigned is by no means suggesting that a party should attach exhibits to the questions. In fact, it might be better to simpy refer to exhibits already filed (assuming the exhibits are not voluminous but, instead, are manageable and capable of being reviewed in the brief gap between the filing of the questions and the hearing). One final point:Although the Undersigned will carefully review all questions submitted, the mere fact that a party submitted a question does not necessarily mean that the Undersigned will in fact ask that specific question (or any of the questions, for that matter). The Undersigned may ask a question, may modify a question, may combine the question with another or may decide to skip the question entirely. Signed by Magistrate Judge Jonathan Goodman on 08/31/2015. (JG)
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Filing 890
ENDORSED ORDER setting In-Person Motion Hearing re #889 Patheon's Motion for Summary Judgment and Memorandum In Support for 9/24/2015 at 02:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Additionally, the issues set to be heard during the previously-scheduled (and now-cancelled) Telephone Conference [ECF No. 714 ] set for 9/24/2015 at 10:00 AM will now be encompassed in the In-Person Motion Hearing at 02:00 PM. Accordingly, the parties should be prepared to discuss those issues at the outset of the Motion Hearing. Should the parties wish to have non-participating attorneys listen to the Hearing remotely, they may phone in using the following call-in procedure: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign.Per the #655 Trial Scheduling Order, the response to the Motion for Summary Judgment is due on 9/11/2015 and the reply is due on 9/18/2015. The parties shall note that no enlargements of time for the response or reply to the Summary Judgment Motion will be provided absent compelling circumstances bordering on a bona fide emergency. The Court does not view as compelling the arguments that the motion is complex and cites many cases, that the parties are busy getting ready for trial, that counsel are burdened with other litigation matters, or that one attorney has a scheduling issue. Each side has many attorneys working on the case, and the unavailability of one or two should not require additional time to submit a memorandum of law in a lawsuit seeking more than $300 million. Signed by Magistrate Judge Jonathan Goodman on 8/31/2015. (tr00)
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Filing 889
MOTION for Summary Judgment and Memorandum In Support by Patheon Inc. (Attachments: #1 (See Supplemental Attachment(s) for Exhibits))(nc) Modified by Unsealing Document per 913 Endorsed Order on 9/9/2015 (nc).
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Filing 888
MOTION to File Under Seal by Patheon Inc. (nc)
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Filing 887
NOTICE of Compliance by Patheon Inc. re #882 Order on Motion for Miscellaneous Relief (Brochin, Robert)
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Filing 886
NOTICE by Patheon Inc. of Filing (Exhibits 1, 19-21, 23-25, 31, 40, 44-48, 68, 70 to Motion for Summary Judgment and Memorandum in Support filed August 28, 2015) (Attachments: #1 Exhibit 1, #2 Exhibit 19, #3 Exhibit 20, #4 Exhibit 21, #5 Exhibit 23, #6 Exhibit 24, #7 Exhibit 25, #8 Exhibit 31, #9 Exhibit 40, #10 Exhibit 44, #11 Exhibit 45, #12 Exhibit 46, #13 Exhibit 47, #14 Exhibit 48, #15 Exhibit 68, #16 Exhibit 70) (Brochin, Robert)
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Filing 885
ENDORSED ORDER granting #860 Patheon's Motion to Compel Reconvened Deposition of Rule 30(b)(6) witness. Procaps shall, by September 4, 2015, produce all documents concerning the errata sheet and concerning Procaps' business in the relevant markets, including "pipeline" business and the six contracts mentioned in Patheon's motion.Procaps shall produce Mr. Minski for a reconvened 30(b)(6) deposition by September 14, 2015. Because Mr. Minski provided significant information at the 30(b)(6) deposition, the Undersigned does not anticipate that the deposition will last long. Given that Patheon already took Minski's 30(b)(6) deposition for six hours, Patheon shall have one additonal hour to ask questions in the reconvened deposition.Because the reconvened deposition will last only up to an hour, the Undersigned deems it inefficient to require Minski to fly all the way from Colombia for a relatively brief deposition. Therefore, Patheon shall take the deposition by satellite video hookup, unless Procaps for some reason wants Mr. Minski here in person to answer the questions. If Procaps does want Minski to appear in person for his reconvened deposition, then the deposition will be in defense counsel's Washington, D.C. office. Signed by Magistrate Judge Jonathan Goodman on 8/28/2015. (JG)
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Filing 883
MOTION to File Under Seal by Patheo Inc. (nc) (Additional attachment(s) added on 8/28/2015: #1 Exhibit A, #2 Exhibit B) (nc).
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Filing 882
ORDER granting #881 Unopposed Motion to File Video Recording. Signed by Magistrate Judge Jonathan Goodman on 8/28/2015. (tr00)
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Filing 881
Defendant's MOTION To File Electronically Stored Information In Support Of Motion To Compel Based On Waiver Of Attorney-Client Privilege And Motion To Compel Production Of Non-Privileged Document by Patheon Inc.. (Brochin, Robert)
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Filing 880
RESPONSE in Support re #860 Defendant's MOTION to Compel Based on Inadequately Prepared 30(b)(6) Witness filed by Patheon Inc.. (Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 884 [misc] restricted/sealed until further notice. (nc)
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Filing 879
ENDORSED ORDER granting #876 Motion to Seal pursuant to Local Rule 5.4 and Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 8/26/2015. (tr00)
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Filing 878
ENDORSED ORDER granting #875 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 8/26/2015. (tr00)
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Filing 877
RESPONSE in Opposition re #860 Defendant's MOTION to Compel Based on Inadequately Prepared 30(b)(6) Witness filed by Procaps S.A.. Replies due by 9/4/2015. (Attachments: #1 Exhibit 1)(Rosenthal, Alan)
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Filing 876
MOTION to File Under Seal Exhibit to Procaps' Response to Patheon's Motion to Compel Based on Inadequately Prepared 30(b)(6) Witness by Procaps S.A. (nc) (Additional attachment(s) added on 8/25/2015: #1 Exhibit 1) (nc).
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Filing 875
MOTION to File Under Seal Its Responses to Patheon's Motion to Compel Production of Non-Privilege Document and to Compel Based On Waiver of Attorney-Client Privilege by Procaps S.A. (nc) (Additional attachment(s) added on 8/25/2015: #1 Exhibit A, #2 Exhibit B) (nc).
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Filing 874
ENDORSED ORDER denying #726 Procaps' Motion to Substitute DPx as a party for Defendant Patheon or to join DPx as an additional Party Defendant.As Procaps itself conceded, DPx can always be added or substituted later, if Procaps obtains a judgment. Signed by Magistrate Judge Jonathan Goodman on 8/24/2015. (JG)
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Filing 873
ENDORSED ORDER denying #808 Patheon's Motion to Strike the (Third) Expert Witness Report of W. James Lloyd. The Court will give Patheon wide latitude to cross-examine Mr. Lloyd at trial, including questions about why he initially said he did not use the "yardstick" methodology in his first two reports (but then later said he made a mistake and actually did use it) and questions designed to bolster Patheon's theory that the third report is merely an attempt to prop up earlier, less-convincing, versions of his prior reports. Given the differences between Mr. Lloyd's latest report and his first reports, Procaps and Mr. Lloyd should anticipate that a wide-ranging, comprehensive, probing, aggressive cross-examination on myriad topics will likely be permitted in the absence of unusual circumstances. Signed by Magistrate Judge Jonathan Goodman on 8/24/2015. (JG)
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Filing 871
NOTICE of Compliance (Exhibit 4 to DE 811 filed under seal) by Patheon Inc. re 869 Order,,,,, (Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 872 [misc] restricted/sealed until further notice. (nc)
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Filing 870
ENDORSED ORDER granting in part and denying in part #807 Patheon's Motion to Strike David Heyens' expert report. The Court will not strike the report. However, Mr. Heyens will not be permitted to offer opinions at trial concerning the potential for genuine adverse effects based on the defendant's market power. In addition, Procaps will not be to support a summary judgment motion or defend against a Patheon summary judgment motion by relying on any expert opinion Mr. Heyens may have about potential effects, as opposed to actual effects. Signed by Magistrate Judge Jonathan Goodman on 8/23/2015. (JG)
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Filing 869
ENDORSED ORDER re #811 Patheon's MOTION to Seal.In its Motion to Strike the Expert Report of W. James Lloyd [ECF No. 811], Patheon referenced a "redline" document which was intended to evidence the "vast differences" between Lloyd's reports. In a footnote, Patheon explained that (1) underlined text in the redlined document would show new text added to the third report, (2) stricken text was included in the second report but deleted from the third report, and (3) text neither underlined nor stricken through was included in both the second and third reports. This redlined document was filed under seal. Patheon designated the document as Exhibit 4. In a motion to file under seal filed [ECF No. 811] the day after it filed the motion to strike Lloyd's expert report, Patheon represented that wanted to file under seal exhibits 1-4 of its motion to strike Lloyd's report. This should have included the redlined comparison (i.e., Exhibit 4). The Court granted the motion to file under seal.However, Exhibit 4 was not in fact filed under seal, and the Undersigned does not have the ability to review the redlined document comparing Lloyd's various reports.Therefore, Patheon shall file Exhibit 4, the redlined comparison, under seal, by noon on August 24, 2015. Signed by Magistrate Judge Jonathan Goodman on 8/23/2015. (JG)
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Filing 868
TRANSCRIPT of Telephonic Status Conference held on April 30, 2015, before Magistrate Judge Jonathan Goodman, 1-27 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 14:01:24.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2015. Redacted Transcript Deadline set for 9/24/2015. Release of Transcript Restriction set for 11/20/2015. (le)
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Filing 867
ENDORSED ORDER granting #863 Motion to Seal, and granting #866 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 8/19/2015. (tr00)
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Filing 866
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 8/18/2015: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (nc).
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Filing 865
ENDORSED ORDER granting Procaps' #859 Motion to File under Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 8/18/2015. (tr00)
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Filing 862
ENDORSED ORDER re #860 Defendant's MOTION to Compel Based on Inadequately Prepared 30(b)(6) Witness filed by Patheon Inc. Procaps shall file a double-spaced response of no more than 5 pages, excluding signature block and certificate of service, by August 25, 2015 and Patheon shall file a 3-page reply by August 28, 2015. Both the response and reply should address the two alternative types of relief sought by Patheon -- production of documents or the reconvening of the 30(b)(6) deposition (with either Minski or another Procaps designeee -- or designees -- as the corporate representative). In addition, they should address the possibilities of both types of relief being awarded and neither type of relief being provided. Signed by Magistrate Judge Jonathan Goodman on 8/18/2015. (JG)
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Filing 861
ENDORSED ORDER granting #857 Patheon's Motion for leave to include an antitrust standing argument in its anticipated summary judgment motion. The motion is granted, but on two conditions: (1) the antitrust standing argument must be based on new evidence (i.e., evidence not available when the Court previously denied the antitrust standing argument), and (2) Patheon will not use any additional pages. This order by no means indicates, even implicitly, that the Court is inclined to adopt an antitrust argument. Instead, it merely gives Patheon the opportunity to present it again, based on new evidence. Signed by Magistrate Judge Jonathan Goodman on 8/18/2015. (JG)
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Filing 864
Clerk's Notice of Filing Deficiency Re: #863 MOTION to Seal. Document(s) missing required original signature(s) (Fed.R.Civ.P. 11(a)). (nc)
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Filing 863
MOTION to File Under Seal by Procaps, S.A. (nc) (Additional attachment(s) added on 8/18/2015: #1 Exhibit 1, #2 Exhibit 2) (nc).
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Filing 860
Defendant's MOTION to Compel Based on Inadequately Prepared 30(b)(6) Witness by Patheon Inc.. Responses due by 9/3/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 859
MOTION to File Under Seal by Procaps S.A.. (Rosenthal, Alan)
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Filing 858
RESPONSE in Opposition re #807 Defendant's MOTION to Strike the Expert Report of David Heyens filed by Procaps S.A.. Replies due by 8/27/2015. (Attachments: #1 Exhibit 1 - Coversheet, #2 Exhibit 2 - Coversheet)(Rosenthal, Alan)
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Filing 857
Defendant's MOTION for Leave to Include Argument on Antitrust Standing at Summary Judgment by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 856
ENDORSED ORDER granting #855 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Furthermore, the Clerk's Office is instructed to enter the two attached sealed exhibits (Exhibits A and B to the Motion to Seal [ECF Nos. 855-1; 855-2] as separate sealed docket entries, as each one of those Exhibits is a Motion that the Court is taking into consideration.Additionally, as to the Motions to Compel, Patheon shall serve Procaps with its under-seal motions today, via email, if it has not already done so. Procaps shall, by August 24, 2015, file individual responses to each motion. Each response shall be no more than 5 double-spaced pages, excluding signature block and certificate of service. Patheon shall, by August 28, 2015, file individual replies supporting each motion. The replies shall be not more than 3 double-spaced pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 8/17/2015. (tr00)
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Filing 855
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 8/17/2015: #1 Exhibit A, #2 Exhibit B) (nc).
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SYSTEM ENTRY - Docket Entry 854 [motion] restricted/sealed until further notice. (mg)
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Filing 853
ENDORSED ORDER denying #822 without prejudice Plaintiff's "motion" for application of the Rule of Reason. Procaps submitted its so-called motion in response to a Court order [ECF No. 778] requiring the parties to "file their own recommended structure" for the rule of reason methodology to be used at trial. The order did not require a motion. Patheon filed its proposed methodology in a notice, but Procaps filed an actual motion. The Court is denying the motion, albeit without prejudice, and will deem the motion a notice or memorandum, but CM/ECF will not be listing it as a motion from this point forward. Signed by Magistrate Judge Jonathan Goodman on 8/14/2015. (JG)
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Filing 852
ENDORSED ORDER granting #846 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 8/14/2015. (tr00)
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Filing 851
ENDORSED ORDER granting #850 Procaps' Motion for Leave to File a Brief Sur-Reply in Opposition to Patheon's Motion to Strike David Hevens' Expert Report. The sur-reply may not exceed two pages and shall be filed by August 17, 2015. No further briefs of any kind may be filed on this issue. Signed by Magistrate Judge Jonathan Goodman on 8/12/2015. (JG)
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Filing 850
MOTION for Leave to File Brief Sur-Reply in Opposition to Patheon's Motion to Strike the Expert Report of David J. Heyens by Procaps S.A.. (Rosenthal, Alan)
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Filing 849
ORDER denying Procaps' #839 Motion to Compel Reconvened Deposition of James Mullen. Signed by Magistrate Judge Jonathan Goodman on 8/12/2015. (tr00)
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Filing 848
FINAL MEDIATION REPORT by John M. Barkett. Disposition: Case did not settle.(Barkett, John)
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Filing 847
REPLY to Response to Motion re #839 Plaintiff's MOTION to Compel RECONVENED DEPOSITION OF JAMES C. MULLEN filed by Procaps S.A.. (Carlos, Natalie)
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Filing 846
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 8/10/2015: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (nc).
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Filing 845
RESPONSE in Support re #807 Defendant's MOTION to Strike the Expert Report of David Heyens, #808 Defendant's MOTION to Strike Expert Report of W. James Lloyd filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert)
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Filing 844
RESPONSE in Opposition re #839 Plaintiff's MOTION to Compel RECONVENED DEPOSITION OF JAMES C. MULLEN filed by Patheon Inc.. Replies due by 8/17/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 843
ORDER granting #842 Motion for Extension of Time to File Response to Motion re #839 Plaintiff's Motion to Compel Reconvened Deposition of James Mullen. Patheon's Response shall now be due by 8/7/2015 at 12:00 PM, and Procaps' Reply shall be due by 8/10/2015. Signed by Magistrate Judge Jonathan Goodman on 8/3/2015. (tr00)
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Filing 842
MOTION for Extension of Time to File Response/Reply/Answer to Procaps Motion to Compel Reconvened Deposition of James C. Mullen by Patheon Inc.. (Brochin, Robert)
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Filing 841
ENDORSED ORDER re #839 Plaintiff's Motion to Compel Reconvened Deposition of James Mullen. Patheon shall, by 8/5/2015, file a response of no more than five double-spaced pages, excluding signature block and certificate of service. Procaps shall, by 8/6/2015, file a reply of no more than three double-spaced pages, excluding signature block and certificate of service. In its response, Patheon shall specifically identify the precise parties who designated as "confidential" every exhibit which Procaps attempted to use at the recent Mullen deposition. In addition, Patheon shall specify Mullen's former and current positions for the past 4 years for each entity which applied the "confidential" designations to the exhibits. Patheon shall also explain, on an exhibit-by-exhibit basis, whether Mullen prepared, reviewed, publicly discussed, privately discussed or had access to each confidential exhibit used -- or attempted to be used -- at his recent deposition. Finally, if Mullen truly does not know the identify of Patheon's current CEO, then Patheon shall provide a list of employees or agents who would have this seemingly basic information readily available. The Court understands that the briefing schedule is tight, but the Undersigned is under the impression that the mediation is scheduled for August 7, 2015. Signed by Magistrate Judge Jonathan Goodman on 8/3/2015. (tr00)
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Filing 840
ENDORSED ORDER granting #838 Procaps' Agreed Motion for Extension of Time to Depose Patheon's Expert. Procaps shall have until 8/13/2015 to depose Patheon's expert, Robert Yerman. Signed by Magistrate Judge Jonathan Goodman on 8/3/2015. (tr00)
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Filing 839
Plaintiff's MOTION to Compel RECONVENED DEPOSITION OF JAMES C. MULLEN by Procaps S.A.. Responses due by 8/20/2015 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Carlos, Natalie)
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Filing 838
MOTION for Extension of Time to Take the Deposition of Robert Yerman by Procaps S.A.. Responses due by 8/20/2015 (Rosenthal, Alan)
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Filing 837
ENDORSED ORDER settling #824 Patheon's Motion to Amend/Correct the Stipulated Protective Order. Sherbet, Conner, Minski and Franco may review (and/or continue to review) information designated as "confidential" under the stipulated protective order. The parties may, of course, consent to review of "confidential" information by additional persons who are technically not employees of a specific party to this lawsuit. Signed by Magistrate Judge Jonathan Goodman on 7/31/2015. (JG)
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Filing 836
RESPONSE in Support re #824 Defendant's MOTION to Amend/Correct Protective Order filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 835
RESPONSE to Motion re #824 Defendant's MOTION to Amend/Correct Protective Order (CORRECTED) filed by Procaps S.A.. Replies due by 8/10/2015. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Carlos, Natalie)
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Filing 834
RESPONSE to #824 Defendant's MOTION to Amend/Correct Protective Order by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Carlos, Natalie) Modified title text on 7/31/2015 (asl).
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Filing 833
ENDORSED ORDER denying #832 Plaintiff's Motion for Extension of Time. Plaintiff shall file its response by 5:00 pm today and Patheon shall file its reply by midnight, July 31. The Court will issue an order on the underlying motion over the weekend. Signed by Magistrate Judge Jonathan Goodman on 7/30/2015. (JG)
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Filing 832
Plaintiff's MOTION for Extension of Time to Response to Defendant's Motion to Amend Protective Order re 827 Endorsed Order, Set/Reset Motion/R&R Deadlines and Hearings,,,,,,,, #824 Defendant's MOTION to Amend/Correct Protective Order by Procaps S.A.. Responses due by 8/17/2015 (Carlos, Natalie)
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Filing 831
RESPONSE to Motion re #807 Defendant's MOTION to Strike the Expert Report of David Heyens, #808 Defendant's MOTION to Strike Expert Report of W. James Lloyd filed by Procaps S.A.. Replies due by 8/7/2015. (Attachments: #1 Exhibit A - Heyens Dep. Excerpts, #2 Exhibit B - Lloyd Dep. Excerpts, #3 Exhibit C - Patheon's 30(b)(6) Deposition Notice)(Coutroulis, Chris)
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Filing 830
ENDORSED ORDER striking Patheon's #829 Emergency Motion for Order to Show Cause for failure to comply with Local Rule 7.1(e)'s requirement that emergency motions "set forth in detail the necessity for such expedited procedure and be accompanied by the form available on the courts website." The form, entitled "Certification of Emergency," requires the attorney filing the emergency motion to certify that he or she has "carefully examined this matter and it is a true emergency." The required form also mandates that the attorney certify that he or she has "made a bona fide effort to resolve this matter without the necessity of emergency action." Patheon's counsel did not use the required form, and therefore, the motion is hereby stricken. Signed by Magistrate Judge Jonathan Goodman on 7/28/2015. (tr00)
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Filing 829
Defendant's MOTION for Order to Show Cause (Emergency) by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 828
NOTICE of Attorney Appearance by David Lanier Luck on behalf of Procaps S.A.. Attorney David Lanier Luck added to party Procaps S.A.(pty:pla). (Luck, David)
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Filing 827
ENDORSED ORDER re #824 Defendant's Motion to Amend/Correct Protective Order. Procaps shall, by 7/29/2015, file a response of no more than 5 double-spaced pages, excluding signature block and certificate of service. Patheon shall, by 12:00 PM on 7/31/2015, file a reply of no more than 3 double-spaced pages, excluding signature block and certificate of service. Procaps' response shall address the issues arising from Conner's attendance at depositions even though he is not a Patheon employee and similar issues flowing for Minski's and Franco's attendance at depositions involving confidential information and review of confidential information even though they, too, are not technically employees. Also, the response and reply should discuss the Court's observation that it appears as though BOTH parties have repeatedly violated the stipulated protective order (and that BOTH parties have known that the other party has violated the protective order) by permitting non-employees to review confidential information. Signed by Magistrate Judge Jonathan Goodman on 7/27/2015. (tr00)
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Filing 826
NOTICE by Patheon Inc. re #824 Defendant's MOTION to Amend/Correct Protective Order of Filing Exhibit 5 (Attachments: #1 Exhibit 5) (Brochin, Robert)
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Filing 825
NOTICE by Patheon Inc. re #823 Notice (Other) of Filing Exhibit 2 (Attachments: #1 Exhibit 2) (Brochin, Robert)
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Filing 824
Defendant's MOTION to Amend/Correct Protective Order by Patheon Inc.. Responses due by 8/13/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Brochin, Robert)
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Filing 823
NOTICE by Patheon Inc. re 778 Order,,,,, (DEFENDANT'S PROPOSED RULE OF REASON STRUCTURE) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Brochin, Robert)
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Filing 822
MOTION for application of Rule of Reason re 778 Order,,,,, by Procaps S.A.. (Attachments: #1 Exhibit Rule of Reason Meet and Confer Chart)(Coutroulis, Chris)
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Filing 821
TRANSCRIPT of Motion Hearing held on 07/21/15 before Magistrate Judge Jonathan Goodman, 1-92 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2015. Redacted Transcript Deadline set for 8/27/2015. Release of Transcript Restriction set for 10/26/2015. (pdz)
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Filing 820
ORDER on #800 Patheon's Motion to Compel Production of Documents on Procaps' Privilege Log. Signed by Magistrate Judge Jonathan Goodman on 7/22/2015. (tr00)
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Filing 819
ENDORSED ORDER granting Patheon's #811 Motion to Seal pursuant to the #86 Stipulated Confidentiality Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 7/20/2015. (tr00)
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Filing 818
ORDER granting Patheon's #804 Motion to Compel Re-Review and Re-Designation of "Highly Confidential" Documents. Signed by Magistrate Judge Jonathan Goodman on 7/20/2015. (tr00)
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Filing 817
CLERK'S NOTICE of Compliance pursuant to 814 Endorsed Order (nc)
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Filing 816
REPLY in Support re #800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert) Modified title text on 7/20/2015 (asl).
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Filing 815
REPLY in Support re #804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert) Modified title text on 7/20/2015 (asl).
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Filing 814
ENDORSED ORDER granting #810 Motion to Seal pursuant to Local Rule 5.4 and the #86 Stipulated Confidentiality Order. However, this is not in any way a substantive ruling on whether all, some or none of the exhibits were properly designated as "highly confidential" by Procaps. Signed by Magistrate Judge Jonathan Goodman on 7/17/2015. (tr00)
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Filing 813
RESPONSE in Opposition re #804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Procaps S.A.. Replies due by 7/27/2015. (Attachments: #1 Exhibit Email communication, #2 Exhibit Declaration)(Rosenthal, Alan)
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Filing 812
MEMORANDUM in Opposition re #800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log filed by Procaps S.A.. Replies due by 7/27/2015. (Rosenthal, Alan) Modified title text on 7/16/2015 (asl).
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Filing 811
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 7/15/2015: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit A, #5 Exhibit B) (nc).
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Filing 809
ENDORSED ORDER re #807 Defendant's MOTION to Strike the Expert Report of David Heyens filed by Patheon Inc., #808 Defendant's MOTION to Strike Expert Report of W. James Lloyd filed by Patheon Inc. Procaps shall file a response (or responses) to these two motions by July 28, 2015. Procaps may either file a separate double-spaced 5-page response to each motion (excluding signature block and certificate of service) or one omnibus memorandum of 10 pages. Patheon shall file a reply (or reponses) by August 10, 2015. Patheon may file separate 3-page replies or an omnibus 6-page reply.Assuming, for the sake of hypothetical discussion only, that Patheon's motions have sufficient merit to raise colorable arguments, the parties shall (in their responses and replies) address the logic and feasibility of striking portions of the experts' reports, rather than the entire report. Signed by Magistrate Judge Jonathan Goodman on 7/15/2015. (JG)
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Filing 810
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 7/15/2015: #1 Exhibit 2, #2 Exhibit 2 cont'd, #3 Exhibit 2 cont'd, #4 Exhibit 3) (nc).
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Filing 808
Defendant's MOTION to Strike Expert Report of W. James Lloyd by Patheon Inc.. Responses due by 7/31/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Brochin, Robert)
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Filing 807
Defendant's MOTION to Strike the Expert Report of David Heyens by Patheon Inc.. Responses due by 7/31/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brochin, Robert)
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Filing 806
SUPPLEMENTAL ENDORSED ORDER re #804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Patheon Inc. In its response (for Procaps) and reply (for Patheon) to Patheon's motion to compel re-review and re-designation of documents marked highly confidential [ECF No. 804], the parties shall each provide notice (in the form of an affidavit or declaration) of the amount of attorney's fees it incurred in the dispute over Patheon's claim that Procaps has impermissibly (and indiscriminately and in bad faith) over-designated approximately 95% of its forensically-produced documents as "highly confidential," which precludes Patheon from seeing them. The notice shall list the number of hours on a per-attorney basis and should use the hourly fees previously approved by the Court for a fees award in this case for the dollar calculation. The notice shall be an up-to-date report and should include all time incurred in the dispute up through the filing of the response (or reply) and the notice itself (which should be simultaneously filed as an exhibit). The notice shall also include, in a separate section, similar fees information concerning Patheon's claim that Procaps impermissibly designated as highly confidential its revised supplemental interrogatory answers and its damages expert's report. Signed by Magistrate Judge Jonathan Goodman on 7/14/2015. (JG)
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Filing 805
ENDORSED ORDER re #804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Patheon Inc. Procaps shall file a double-spaced response of no more than 5 pages by July 16, 2015 and Patheon shall file a reply of no more than 3 pages by July 19, 2105. The Court understands and appreciates that July 19 is a Sunday, but that is the due date for the reply. Signed by Magistrate Judge Jonathan Goodman on 7/13/2015. (JG)
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Filing 804
Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential by Patheon Inc.. Responses due by 7/30/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Brochin, Robert)
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Filing 803
ENDORSED ORDER denying as moot #793 Procaps' Motion to Compel Disclosure Schedule Relied Upon By Patheon in Opposition to Procaps' Motion to Join DPX Holdings B.V. Patheon has already produced the schedule. Signed by Magistrate Judge Jonathan Goodman on 7/13/2015. (JG)
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Filing 802
RESPONSE in Opposition re #793 Plaintiff's MOTION to Compel DISCLOSURE SCHEDULE RELIED UPON BY PATHEON IN OPPOSITION TO PROCAPS MOTION TO JOIN DPX HOLDINGS B.V. filed by Patheon Inc.. Replies due by 7/23/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert)
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Set/Reset Deadlines as to #800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log . Responses due by 7/15/2015. Replies due by 7/20/2015. Motion Hearing set for 7/21/2015 at 10:15 AM in the Miami Division before Magistrate Judge Jonathan Goodman. (tr00)
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Filing 801
ENDORSED ORDER re #800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log filed by Patheon Inc. Procaps shall file a double-spaced response of no more than 5 pages, excluding signature block and certificate of service, by July 15, 2015. Patheon shall file a reply, of up to 3 pages, by July 20, 2015. The Court will hold an in-person hearing on July 21, 2015 at 10:15 a.m. Although counsel may listen in by telephone by phoning the conference call number used by chambers, each side must have at least one attorney present in court to argue the motion. Given the upcoming depositions in the first week of August, the hearing will not be rescheduled absent compelling circumstances bordering on a genuine emergency. And given the number of attorneys involved in this case for both sides, it would be surprising indeed if all available attorneys were collectively and fortuitously unable to appear on July 21.Notwithstanding the anticipated briefing and the upcoming hearing, the parties are encouraged to continue to attempt to resolve the dispute, even if only to whittle down the scope of the dispute.Because Patheon contends that Procaps' privilege log should also list the names of all companies where persons listed on the log work, the parties shall cite to cases which address this position and shall explain whether this position is required, optional, or discretionary. In addition, the parties shall advise the Court whether Patheon's privilege log always listed the name of the employer company for all persons listed on its privilege log. Signed by Magistrate Judge Jonathan Goodman on 7/11/2015. (JG)
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Filing 800
Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log by Patheon Inc.. Responses due by 7/27/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert)
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Filing 799
ENDORSED ORDER granting Patheon's #798 Motion to Seal pursuant to Local Rule 5.4 and the #86 Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 7/9/2015. (tr00)
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Filing 798
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 7/9/2015: #1 Exhibit, #2 Exhibit cont'd) (nc).
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Filing 797
NOTICE by Patheon Inc. of Filing Disclosure Schedule (Attachments: #1 Exhibit 1) (Brochin, Robert)
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Filing 796
ENDORSED ORDER granting #795 Procaps' Motion for Clarification. The Undersigned grants the motion because (1) yes, the earlier order [ECF No. 782] did not, and does not, affect expert-related deadlines, and (2) yes, Dr. Baker's deposition can be taken on August 13, 2105, one day after the expert witness deposition deadline. The Court notes that the motion is unopposed and, for all practical purposes, is an agreed motion. Miracles can happen. Signed by Magistrate Judge Jonathan Goodman on 7/9/2015. (JG)
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Filing 795
Plaintiff's MOTION for clarification 782 Order,,,,,, and Slightly Modify Expert Witness Deposition Deadline by Procaps S.A.. Responses due by 7/27/2015 (Carlos, Natalie)
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Filing 794
ENDORSED ORDER re #793 Plaintiff's MOTION to Compel DISCLOSURE SCHEDULE RELIED UPON BY PATHEON IN OPPOSITION TO PROCAPS MOTION TO JOIN DPX HOLDINGS B.V. filed by Procaps S.A. Patheon shall by July 13, 2015 file a double-spaced response of no more than 5 pages, excluding signature block and certificate of service. The Court will determine whether a reply is permissible after reviewing the response.One other point:In its motion, Procaps asks for an attorney's fees award. As the parties well know by now, the Undersigned follows the presumption (created by Fed. R. Civ. Pro. 37) that fees arising from a discovery dispute should be awarded to the prevailing party absent one or more of the limited exceptions. Moreover, the parties (and their counsel) also know that the fees awards are frequently entered against the attorneys themselves, and that bad faith is not required.Therefore, at the risk of stating the obvious, it seems likely that a significant fees award is once again more than a mere possibility. The Undersigned is not suggesting or implying which party or attorney (or attorneys)is likely to be on the wrong side of a possible or probable fees award. The Court recognizes that a response has not yet been filed. I have reviewed the emails attached to the motion, though, so I am at least somewhat familiar with Patheon's position on Procaps' demand that the schedule be produced. Given the history here, the Undersigned is not exactly confident that the parties will be able to resolve this discovery dispute. The parties certainly have the power to not be reasonable, to not be flexible, to not provide courtesies, to not give up on any point, to fight on every issue and to seek court intervention to resolve a dispute that typically would not be submitted to the Court. So be it. The litigation chips will fall where they fall, and they may just fall (once again) into the attorney's fees pile. Or maybe some further discussions are in order. Hope springs eternal. Signed by Magistrate Judge Jonathan Goodman on 7/8/2015. (JG) Signed by Magistrate Judge Jonathan Goodman on 7/8/2015. (JG)
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Filing 793
Plaintiff's MOTION to Compel DISCLOSURE SCHEDULE RELIED UPON BY PATHEON IN OPPOSITION TO PROCAPS MOTION TO JOIN DPX HOLDINGS B.V. by Procaps S.A.. Responses due by 7/27/2015 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Carlos, Natalie)
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Filing 792
NOTICE of Attorney Appearance by Robert Wayne Pass on behalf of Procaps S.A.. Attorney Robert Wayne Pass added to party Procaps S.A.(pty:pla). (Pass, Robert)
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Filing 791
NOTICE of Attorney Appearance by Gary Michael Pappas on behalf of Procaps S.A.. Attorney Gary Michael Pappas added to party Procaps S.A.(pty:pla). (Pappas, Gary)
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Filing 790
ORDER re #787 MOTION to Expedite Motion for Protective OrderDefendant's MOTION for Protective Order filed by Patheon Inc. Patheon seeks expedited treatment and a protective order concerning a matter which should be routine and non-controversial: scheduling a deposition. But few things are easy in this case. In its motion, Patheon says the dispute "is not (emphasis by Patheon) about lawyers disliking each other. It's about unreasonableness."Yes. Well. Good to hear.Notwithstanding the claimed lack of personal animosity as a catalyst for the motion, it appears as though the parties cannot accomplish the simple task of scheduling a deposition without seeking immediate Court intervention.So I'm intervening -- reluctantly:1. As noted in the order permitting this limited-purpose, limited-duration deposition, Procaps can either select the deponent or issue a Rule 30(b)(6) notice, in which case Patheon will select the designee.2. Patheon may well be correct that Jim Mullen may not be the wisest choice to provide deposition testimony about the narrow scope of permissible topics, but (assuming that Patheon's perception is accurate) Procaps is free to strategically blunder and make a poor deponent-selection decision. If the Mullen deposition goes forward and Mullen lacks sufficient information, then Procaps will not be able to take another deposition. And because this scenario is not a 30(b)(6) situation, Patheon would not be required to prepare him for his deposition. If he truthfully lacked information about certain corporate transactions, then that would be his testimony.3. Patheon contends that Jason Conner would be a better deponent, and it argues that he should be the deponent. If Procaps issues a 30(b)(6) notice, then Patheon is free to designate Conner (or anyone else, for that matter). If Procaps insists on taking Mullen's deposition (or the deposition of another specifically pinpointed and named witness), then Patheon cannot demand that Conner be the deponent.4. Given that Mullen will be out of the country on July 8, he is simply unavailable for a July 8 deposition in Boston which Procaps tried to schedule on relatively short notice. Nothing further needs to be said about that.5. If Procaps wants to take Mullen's deposition, then the Court will extend the deposition deadline date to August 7, 2015 -- the same deposition deadline date as the Undersigned established the other day for the additional depositions specifically authorized by the Court.6. If Procaps issues a 30(b)(6) notice, then the parties will still have until August 7 to complete the deposition.7. Given the number of attorneys actively involved in this lawsuit for both sides, the individual vacation or work schedule of a particular attorney is insufficient to justify a demand to change a deposition date or to refuse to agree to a specific deposition date. By way of example, if Procaps demands to take Mullen's deposition for the Rule 25 deposition and Patheon offers him for a July 21, 2015 deposition but Mr. Rosenthal has a hearing in another case that day, then another Procaps attorney will need to take the deposition if an alternate date cannot be established.8. If the parties and their counsel are still unable to schedule and take the Rule 25 deposition by the deadline provided, then the Court will intervene yet again, on request -- and likely award significant fees against the individual attorneys responsible for the unfortunate situation. The parties are already familiar with the Court's practice concerning the presumptive award of attorney's fees under Rule 37.9. The Undersigned cannot imagine what a motion for protective order would have looked like if the dispute had been affected by "lawyers disliking each other." What a relief to the Court that the motion concerned only unreasonable positions. Signed by Magistrate Judge Jonathan Goodman on 7/2/2015. (JG) Signed by Magistrate Judge Jonathan Goodman on 7/2/2015. (JG)
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Filing 789
ORDER denying #788 Procaps' Motion for an immediate telephone hearing on Patheon's motion for a protective order [ECF No. 787]. Signed by Magistrate Judge Jonathan Goodman on 7/2/2015. (JG)
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Filing 788
Plaintiff's MOTION for Immediate Telephonic Hearing on Order [DE 776] and Patheon's Motion for Protective Order [DE 787] re #787 MOTION to Expedite Motion for Protective OrderDefendant's MOTION for Protective Order , 776 Order,,,,,,,,,,,,, by Procaps S.A.. (Carlos, Natalie)
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Filing 787
MOTION to Expedite Motion for Protective Order, Defendant's MOTION for Protective Order by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 786
NOTICE of Compliance by Patheon Inc. re 776 Order,,,,,,,,,,,,, (Brochin, Robert)
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Filing 785
ORDER denying without prejudice #775 Procaps' Motion for Reconsideration Concerning Request for Additional Depositions. Signed by Magistrate Judge Jonathan Goodman on 7/1/2015. (tr00)
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Filing 784
RESPONSE in Opposition re #775 Plaintiff's MOTION for Reconsideration re 737 Order on Motion for Miscellaneous Relief,,,,,,,,,,,,, filed by Patheon Inc.. Replies due by 7/13/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Brochin, Robert)
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Filing 783
ORDER granting in part Patheon's #738 Motion to Compel Production of Documents on Plaintiff's Personal Information Log. Signed by Magistrate Judge Jonathan Goodman on 6/30/2015. (tr00)
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Filing 782
ORDER re #708 Order on Motion for Discovery.In the order [ECF No. 708] granting, in part, Patheon's motion [ECF No. 690] to take additional depositions, the Undersigned did not include a specific deadline by which the depositions authorized by the order needed to be completed. In a later-filed motion for leave to take additional depositions [ECF No. 724], Procaps represented that Patheon had not confirmed when the the depositions permitted by the order will be taken -- and then argued, in footnote 3 (p. 4), that the absence of a deadline means that Patheon could "delay the depositions through the trial date."That won't be happening.To be sure, the Undersigned did not include a deadline. This hardly means that the parties can continue to take depositions past the summary judgment motion deadline, past other deadlines, and up to and including the trial. So, in an effort to avoid any confusion arising from the lack of a deposition deadline, this Order will now set a deadline and make quite clear that the parties will not be taking depositions through the trial date. The parties shall complete all depositions still permitted by the Court by August 7, 2015, in order to give them sufficient time to use the testimony for any summary judgment purpose. This deadline applies to all depositions, regardless of who is taking them and regardless of whether the deponent is a party, a party's employee or a non-party to this lawsuit. Signed by Magistrate Judge Jonathan Goodman on 6/30/2015. (JG)
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Filing 780
TRANSCRIPT of Motion to Substitute or Join DPx held on 6-22-2015 before Magistrate Judge Jonathan Goodman, 1-110 pages, Court Reporter: Gizella Baan-Proulx, 305-523-5294 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/23/2015. Redacted Transcript Deadline set for 8/3/2015. Release of Transcript Restriction set for 10/1/2015. (gbx)
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Filing 779
ORDER re 776 Order authorizing Procaps to take one four-hour deposition concerning its still-pending motion to substitute or add DPx Holdings, B.V. as a party Defendant. In that order, I gave Procaps the ability to select the deponent. This order provides additional clarification.Procaps may select the deponent if it decides to name the witness who will give the deposition. However, if Procaps decides to issue a Rule 30(b)(6) notice (to Patheon, DPx, DSM or another entity) and to list the limited issues upon which it is being permitted to take the deposition as the 30(b)(6) topics, then the entity receiving the 30(b)(6) notice may, of course, select its designee (or designees). If Procaps issues a 30(b)(6) notice and the entity produces more than one designee, then the depositions of the designees will still be subject to a collective four-hour limit. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG)
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Filing 778
ORDER re: rule of reason analysis to be used at trial. In the order on cross-motions for summary judgment [ECF No. 565], the Undersigned advised that the Court would later issue a more-specific order on the methodology to be used at trial for the precise structure of the Rule of Reason analysis. Before simply issuing an order to fill in these important details, the Undersigned believes it prudent to first ask the parties for their suggestions.Although the parties here have agreed on preciousl little during the past two and a half years of full-strength litigation, it is not completely irrational to think that the parties might actually be able to reach a consensus on this. Therefore, the parties shall confer in an attempt to jointly recommend an agreed methodology. If such an agreement is reached, then the parties shall jointly file their suggested protocol. If an agreement cannot be reached, then the parties shall each file their own recommended structure. The submissions (either joint or individual) must be filed by July 24, 2015. If separate filings are submitted, then each submission should note the points of agreement and the points of disagreement. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG)
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Filing 777
ORDER re #775 Plaintiff's MOTION for Reconsideration re 737 Order on Motion for Miscellaneous Relief, filed by Procaps S.A. Patheon shall file a double-spaced response of no more than 5 pages (excluding signature block and certificate of service) to Procaps' motion for reconsideration by July 1, 2015. No reply or further briefing is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG)
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Filing 776
ORDER re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Procaps S.A..At the June 22, 2015 hearing, Procaps made an ore tenus request to take one deposition in connection with this pending motion.Patheon contends that DPx Holdings, B.V. did not assume its liabilities, did not merge with it and is not the "Newco" referenced in certain corporate transaction documents. It also says that documents filed with regulators in both the United States and Canada confirm this. On the other hand, Procaps emphasizes other documents which seem to contradict this scenario, such as press releases and internal memos or slides. Patheon acknowledges that these documents exist, but it argues that they contain mistakes and that the Court should ignore them because the actual documents which created the transactions and the official filings are what control.Given the inconsistencies between Patheon's position (articulated in memoranda opposing Procaps' motion to substitute or join DPx as a defendant), the Undersigned concludes that one time-limited deposition might be helpful (but would not generate significant hardship to Patheon). Therefore, Procaps may take one four-hour deposition of a witness of its choosing, including a DPx director, officer or executive, to probe the limited issues arising from the less-than-clear record: whether there was a merger, whether DPx assumed liabilities, whether DPx issued any type of indemnification, whether any other entity assumed Patheon's liabilities (and, if so, in what amounts and at what levels) or issued any indemnity, the identity of "Newco," whether Patheon is a direct or indirect wholly-owned subsidiary of DPx (and, if it is indirectly owned, the names of the other entities in the ownership chain), why some of Patheon's documents identify DPx as "Newco," whether any prior deposition testimony on these issues was incorrect or is no longer valid, and the cross-designation of executives between DPx and Patheon and whether DPx and Patheon have any type of employee-sharing arrangement (and, if so, the details).Procaps may select a DPx officer, director, executive or employee for this deposition, but the choice will be Procaps' to make. The deposition will take place on or before July 14, 2015.In addition, Patheon shall advise the court in a written notice filed by July 2, 2015 when DSM is expected to complete the production of documents and ESI in connection with the subpoena issued in New Jersey (and the district court's rulings). Given the relationshp between Patheon and DSM (and the fact that Patheon's counsel attended discovery hearings involving enforcement of the subpoena served on DSM), the Court is expecting a substantively meaningful status report. A report saying "We don't know; go ask DSM," will likely not be deemed substantively meaningful. At the risk of stating the obvious, the one deposition which is being permitted here will be more significant if DSM fully produces all documents it is obligated to turn over before the deposition. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG)
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Filing 775
Plaintiff's MOTION for Reconsideration re 737 Order on Motion for Miscellaneous Relief,,,,,,,,,,,,, by Procaps S.A.. (Carlos, Natalie)
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Filing 774
Notice of Supplemental Authority re #768 Order by Patheon Inc. (Brochin, Robert)
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Filing 773
NOTICE of Compliance Regarding Cases Supporting Discovery by Procaps S.A. re #768 Order (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Carlos, Natalie)
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Filing 772
ENDORSED ORDER granting #770 Patheon's Motion to Seal pursuant to the #86 Protective Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 6/25/2015. (tr00)
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Filing 771
NOTICE of Compliance by Procaps S.A. re #768 Order (Attachments: #1 Exhibit Agroskin Deposition Excerpt, #2 Exhibit Agroskin Deposition Exhibit, #3 Exhibit Mullen Deposition Excerpt) (Carlos, Natalie)
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Filing 770
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 6/25/2015: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (nc).
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Filing 769
NOTICE of Compliance by Patheon Inc. (Brochin, Robert)
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Filing 768
POST HEARING ADMINISTRATIVE ORDER re June 22, 2015 Hearing. Signed by Magistrate Judge Jonathan Goodman on 6/24/2015. (tr00)
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Filing 767
ENDORSED ORDER granting #766 Patheon's Motion to Seal pursuant to the #86 protective order and Local Rule 5.4. Further, Patheon shall, by end of business today, hand deliver a courtesy copy of the disc to Chambers. Signed by Magistrate Judge Jonathan Goodman on 6/24/2015. (tr00)
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Filing 781
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 6/22/2015 re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Procaps S.A. (Digital 17:07:14.) (mso)
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Filing 766
MOTION to File Under Seal by Patheon Inc. (Attachments: #1 Supplemental Attachment(s) for CD)(nc)
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Filing 765
RESPONSE to Motion re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join /Sur-Reply filed by Patheon Inc.. Replies due by 6/29/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brochin, Robert)
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Filing 764
ENDORSED ORDER granting in part #760 Patheon's Motion to strike or in the alternative file a sur-reply. Specifically, the motion to strike portions of Procaps' reply is denied, but Patheon's request to file a sur-reply is granted. The sur-reply must be limited to two double-spaced pages (excluding signature block and certificate of service), must be limited to the argument that DPx Holdings B.V. purportedly agreed to assume all of Patheon's liabilities, and must be filed separately today, 6/19/2015.No further briefing concerning the #726 motion to substitute or join DPx Holdings B.V., including motions to submit more memoranda, is permitted. If Procaps has any additional exhibits it intends to rely upon at the hearing, then those must be filed by today. The Court will not at the hearing (or in any other way connected with Procaps' motion to substitute party or join DPx as a party, ECF No. 726) consider any motions, memoranda, documents, exhibits, arguments, points, themes, positions, contentions or other persuasion-oriented materials which have not been filed by today. Signed by Magistrate Judge Jonathan Goodman on 6/19/2015. (tr00)
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Filing 763
REPLY in Support re #738 Defendant's MOTION to Compel Production of Documents on Plaintiff's Personal Information Log and MOTION to Expedite Briefing and Ruling filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert) Modified title text on 6/19/2015 (asl).
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Filing 762
Clerks Notice to Filer re #760 MOTION to Strike Portions of Reply, or in the Alternative, Motion for Leave to File Sur-Reply. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (asl)
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Filing 761
NOTICE by Patheon Inc. of Filing Documents that it Intends to Rely on at June 22, 2015 Hearing (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Brochin, Robert)
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Filing 760
MOTION to Strike Portions of Reply by Patheon Inc.. Responses due by 7/9/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert). Added MOTION for Leave to File on 6/19/2015 (asl).
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Filing 759
ENDORSED ORDER re #745 Patheon's Motion to Seal. Having reviewed the requested memorandum from Procaps [ECF No. #754 ] concerning the #745 Motion to Seal, the Undersigned ORDERS that Exhibit 1 to ECF No. #745 (a/k/a Exhibit 6 to ECF No. #744 ) be filed under seal. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00)
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Filing 758
ENDORSED ORDER granting #749 Procaps' Motion to Seal pursuant to the #86 Protective Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00)
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Filing 757
ENDORSED ORDER granting #739 Patheon's Motion to Seal pursuant to the #86 Protective Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00)
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Filing 756
ENDORSED ORDER granting #755 Unopposed Motion to Withdraw as Attorney. Attorney Mac Richard McCoy is terminated from this case. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00)
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Filing 755
Unopposed MOTION to Withdraw as Attorney for Plaintiff by Mac R. McCoy. by Procaps S.A.. Responses due by 7/6/2015 (Attachments: #1 Text of Proposed Order)(McCoy, Mac)
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Filing 754
MEMORANDUM in Support re 746 Order on Motion to Seal,,, Procaps' Memorandum in Support of Filing Exhibit 6 of the Setec Deposition in Redacted Form by Procaps S.A.. (Rosenthal, Alan)
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Filing 753
ENDORSED ORDER granting #751 Patheon's Motion to allow non-participating attorneys to access next week's in-person hearing by phone. Counsel shall phone in to the chambers conference call number with the protocol previously provided. Signed by Magistrate Judge Jonathan Goodman on 6/17/2015. (JG)
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Filing 752
RESPONSE in Opposition re #738 Defendant's MOTION to Compel Production of Documents on Plaintiff's Personal Information Log and MOTION to Expedite Briefing and Ruling filed by Procaps S.A.. Replies due by 6/29/2015. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Carlos, Natalie)
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Filing 751
Defendant's MOTION to Allow Non-Participant Lawyers to Attend the June 22, 2015 Hearing by Telephone by Patheon Inc.. (Brochin, Robert)
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Filing 750
ENDORSED ORDER setting an in person hearing re #726 Plaintiff's Motion to Substitute Party or to Join DPx Holdings B.V. as a Defendant for 6/22/2015 at 05:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Given the number of attorneys actively involved in this case for all parties, the Court will not reschedule the hearing on grounds of a scheduling conflict absent extremely compelling circumstances bordering on a genuine emergency. Signed by Magistrate Judge Jonathan Goodman on 6/17/2015. (tr00)
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Filing 749
MOTION to Seal Documents on Procaps' Personal Information Log for In Camera Review by The Court by Procaps S.A. (Attachments: #1 Supplemental Attachment(s) for Sealed CD)(nc)
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Filing 748
NOTICE by Procaps S.A. re 742 Order,,,, OF FILING DOCUMENTS ON PROCAPS PERSONAL INFORMATION LOG UNDER SEAL PURSUANT TO ENDORSED ORDER [DE 742] (Rosenthal, Alan)
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Filing 747
REPLY in Support re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Carlos, Natalie) Modified title text on 6/17/2015 (asl).
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Filing 746
ENDORSED ORDER granting in part and denying in part #745 Patheon's Motion to Seal. Exhibit 1 (a/k/a Exhibit 6 to ECF No. 744) does not appear to contain anything so confidential that it justifies an under-seal filing, especially one which the Court may consider in connection with pending motions. If Procaps wants Exhibit 1 to Patheon's motion to be filed under seal, then it must demonstrate the need in a double-spaced memorandum not to exceed 2 pages, filed by June 18, 2015. If no memorandum is filed, or if the Undersigned is not convinced of the need to seal Exhibit 1 after reviewing the submission, then the Court will direct the Court to unseal Exhibit 1. But Exhibit 2 (a/k/a Exhibit 17 to ECF No. 744) may be filed under seal, so the motion is granted, in part, as to that exhibit. No reply permitted. Signed by Magistrate Judge Jonathan Goodman on 6/16/2015. (tr00)
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Filing 745
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 6/16/2015: #1 Exhibit 6, #2 Exhibit 17) (nc).
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Filing 744
NOTICE by Patheon Inc. of Filing Deposition Transcript (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22) (Brochin, Robert)
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Filing 743
NOTICE by Patheon Inc. re Translations (Brochin, Robert)
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Filing 742
ENDORSED ORDER re #738 briefing on under-seal submissions concerning Defendant's MOTION to Compel Production of Documents on Plaintiff's Personal Information Log and MOTION to Expedite Briefing and Ruling filed by Patheon Inc. Plaintiff Procaps shall by June 16, 2015 filed under seal all the documents it has tried to claw back (i.e., Exhibit 4 to Patheon's motion) and all documents on the private information log listed as having been written or received by unnamed persons at NPI (i.e., on Exhibit 3 to Patheon's motion). Procaps shall also by the same deadline deliver to chambers or send to the Court's efle inbox courtesy copies of the under-seal materials.In addition, Procaps shall by June 17, 2015 file a double-spaced response of not more than 5 pages, excluding signature block and certificate of service, to Patheon's motion. Patheon may file an optional two-page reply by June 19, 2015. Signed by Magistrate Judge Jonathan Goodman on 6/14/2015. (JG)
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Filing 741
RESPONSE in Opposition re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Patheon Inc.. Replies due by 6/22/2015. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 740
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert)
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Filing 739
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 6/15/2015: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 10) (nc).
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Filing 738
Defendant's MOTION to Compel Production of Documents on Plaintiff's Personal Information Log and ( Responses due by 6/29/2015), MOTION to Expedite Briefing and Ruling by Patheon Inc.. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Brochin, Robert)
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Filing 737
ENDORSED ORDER denying #724 Plaintiff's Motion for Leave to Take Additional Depositions. The Court previously permitted Procaps to, in large part, change its theory of this antitrust case (from a per se claim to a rule of reason theory). In doing so, the Undersigned expressly noted that I would take steps to prevent Defendant Patheon from being unduly prejudiced. To accomplish this, the Undersigned prevented Procaps from taking additional discovery unless it demonstrated "extremely compelling circumstances."Procaps' motion does not satisfy the standard.The mere fact that newly-produced documents contain the word "Procaps" is not necessarily significant, and Procaps has not established reasons why the new documents create a compelling circumstance justifying additional depositions, let alone extremely compelling circumstances.To be sure, the Undersigned recently provided Patheon with the ability to take a limited number of additional depositions (but less than it requested). But this type of leeway does not necessarily require a tit-for-tat approach. Procaps is largely responsible for its situation. As Patheon explains (and as Procaps must surely acknowledge, at least privately), Procaps is fortunate that the Court adopted a flexible approach and permitted it to pursue a theory it disavowed, for all practical purposes. That flexibility meant that Patheon was saddled with a scenario where it agreed to forego discovery. The Undersigned has tried to ameliorate the prejudice by permitting Patheon to take rule of reason discovery, including additional depositions. But permitting Procaps to take additional depositions at this point, without the requisite showing, would tilt the scales back toward prejudice, and the Undersigned is unwilling to do that, especially now, a few months before the already-delayed trial is scheduled to begin. The Court denies the motion. However, the Undersigned understands that a third party, DSM, produced the documents only recently, after extended motion practice in New Jersey federal court, and that Procaps may want to use some or all the documents at trial or for other purposes, such as summary judgment litigation. To the extent that Procaps needs the documents to be properly authenticated, it may take a records custodian deposition from DSM (and/or Patheon, if it involves documents from Patheon's "data room") to establish the necessary evidentiary foundation for the documents it might seek to use. If there is a need for such a limited-purpose deposition (or depositions), then Procaps may take a deposition (or depositions) but may not ask substantive questions about the documents. Instead, it may ask only questions designed to address the business records exception to the hearsay rule and the authenticity issue. Alternatively, DSM and/or Patheon can obviate the need for this narrow deposition by providing an affidavit (or affidavits) from an appropriate records custodian (i.e., the affidavit[s] would eliminate the need for Procaps to establish that the documents are authentic copies of business records -- but Procaps would still need to demonstrate relevancy and other Federal Rule of Evidence 403 concerns). Signed by Magistrate Judge Jonathan Goodman on 6/11/2015. (JG)
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Filing 736
STATUS REPORT Informal Status Report No. 10 by John M. Barkett (Barkett, John)
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Filing 735
NOTICE by Procaps S.A. re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join of Serving DPx Holdings B.V. (Attachments: #1 Exhibit) (Carlos, Natalie)
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Filing 734
ENDORSED ORDER granting in part and denying in part #732 Defendant Patheon's Motion for Extension of Time to File a Response to Plaintiff Procaps' motion to substitute party or to join DPx Holdings B.V. as a Defendant. The Court will grant a modest extension, but not as long as requested. Patheon shall file its response by June 12, 2015, and Procaps, assuming it files an optional reply (a virtual certainty, given the history of this litigation), must file the reply by June 16, 2015.By granting, in part, Patheon's motion, the Undersigned is not ruling that DPx in fact has a substantive right to file a response (and presumably object) to the motion. If DPx intends to file a substantive response to the motion, then it must file a motion seeking leave to intervene and to file a response. To be sure, DPx would have the right to file substantive responses (such as a motion to dismiss, motion to quash, etc.) if the Court were to grant the motion and permit DPx to be added as a named defendant (or substituted for Patheon). But that is quite different than an objection to being substituted into a case or being added to a case before the actual substitution or addition occurs (if at all). The Court has not granted the motion (or otherwise ruled on it) and DPx is not yet a party (and may never be a party).Having the right to be served and to receive notice of Procaps' motion is not necessarily and automaticallly the same as having the right to substantively object to a motion for substitution or for the addition of parties. The case Patheon cited does stand for the proposition that a party has the right to notice and an opportunity to be heard before being deprived of a property interest, but the possiblility of being substituted into a case as a party defendant may not equate to a deprivation of property. Although the scenario is not precisely identical, does a defendant have a right to be heard before being sued? In any event, the Undersigned has not reached any conclusions either way about whether DPx may now object to the proposed substitution or addition after receiving notice, but I wanted to flag the issue so that no party (or putative party) misconstrued the extension of time as some sort of ruling or implicit evidence of a ruling on that issue. Signed by Magistrate Judge Jonathan Goodman on 6/5/2015. (JG)
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Filing 733
ENDORSED ORDER denying #728 Procaps' Motion to Seal. The documents do not appear, by the brief descriptions provided, to be privileged. Because the parties are now asking me to make a substantive ruling (i.e., whether to substitute or add a party) based, in part, on these documents, the public may have an interest in the documents. The documents are no longer being shared purely in discovery; they are now being filed with the Court. Procaps filed the motion because DSM/DPP has designated them as confidential. If DSM/DPP want the documents to be filed under seal, then they must demonstrate the reasons to me. They will have until June 10, 2015 to submit a memorandum on this issue. Otherwise, if they do not file anything or if their presentation is not convincing, then I will allow the documents to be publicly filed (i.e., not under seal). Signed by Magistrate Judge Jonathan Goodman on 6/5/2015. (tr00)
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Filing 732
MOTION for Extension of Time to File Response/Reply/Answer as to #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 731
ORDER denying #715 Patheon's Motion to Cancel Mediation. Signed by Magistrate Judge Jonathan Goodman on 6/4/2015. (tr00)
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Filing 730
RESPONSE in Opposition re #724 Plaintiff's MOTION for Leave to Take Additional Depositions Based on Newly-Produced, and To-Be-Produced Patheon Data Room Documents filed by Patheon Inc.. Replies due by 6/15/2015. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 729
ENDORSED ORDER re #726 Procaps' Motion to Substitute Party or to Join DPx Holdings B.V. as a Defendant. Patheon shall, by 6/9/2015, file a response of no more than 10 double-spaced pages, excluding signature block and certificate of service. Procaps may, by 6/12/2015, file a reply of no more than 5 double-spaced pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 6/4/2015. (tr00)
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Filing 728
MOTION to Seal Confidential Documents Relating to Procaps' Motion to Substitute or Join DPX Holdings, B.V. by Procaps S.A. (nc) (Additional attachment(s) added on 6/4/2015: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 16 cont'd, #8 Exhibit 17, #9 Exhibit 18, #10 Exhibit 19, #11 Exhibit 20, #12 Exhibit 21, #13 Exhibit 23) (nc).
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Filing 727
Clerks Notice to Filer re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (asl)
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Filing 726
Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant by Procaps S.A.. Responses due by 6/19/2015 (Attachments: #1 Exhibit Under seal, #2 Exhibit Under seal, #3 Exhibit Under seal, #4 Exhibit Under seal, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit Under seal, #16 Exhibit Under seal, #17 Exhibit Under seal, #18 Exhibit Under seal, #19 Exhibit Under seal, #20 Exhibit Under seal, #21 Exhibit Under seal, #22 Exhibit, #23 Exhibit Under seal)(Carlos, Natalie). Added MOTION to Adopt/Join on 6/3/2015 (asl).
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Filing 725
ENDORSED ORDER re #724 Procaps' Motion for Leave to Take Additional Depositions. Patheon shall, by 6/4/2015, file a response of no more than 4 double-spaced pages, excluding signature block and certificate of service. No reply permitted absent specific leave of Court. Signed by Magistrate Judge Jonathan Goodman on 6/1/2015. (tr00)
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Filing 724
Plaintiff's MOTION for Leave to Take Additional Depositions Based on Newly-Produced, and To-Be-Produced Patheon Data Room Documents by Procaps S.A.. (Attachments: #1 Exhibit Plaintiff's Second Motion to Compel DSM, #2 Exhibit Order (without Bench Decision), #3 Exhibit Bench Decision, #4 Exhibit Index to Patheon Data Room Index, #5 Exhibit Email)(Carlos, Natalie)
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Filing 723
ENDORSED ORDER denying #721 Procaps' Motion to Strike (or for leave to file a reply). The parties are urged to go at least 48 hours without filing something further about the motion to cancel the mediation. Signed by Magistrate Judge Jonathan Goodman on 5/29/2015. (JG)
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Filing 722
RESPONSE in Opposition re #721 Plaintiff's MOTION to Strike #719 Response to Motion (or, in the Alternative, to File a Reply) filed by Patheon Inc.. Replies due by 6/8/2015. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 721
Plaintiff's MOTION to Strike #719 Response to Motion by Procaps S.A.. Responses due by 6/15/2015 (Carlos, Natalie)
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Filing 720
ENDORSED ORDER granting #718 Motion to Replace Exhibit to [ECF No. #717 ]. The Clerk's Office is instructed to strike and restrict Exhibit 1 [ECF No. 717-1] to Docket Entry #717 . To view Exhibit 1 to ECF No. #717 , all parties are directed to Exhibit 1 [ECF No. 718-1] attached to Docket Entry #718 . Signed by Magistrate Judge Jonathan Goodman on 5/28/2015. (tr00)
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Filing 719
RESPONSE to Motion re #718 MOTION to replace Exhibit to DE 717 re #717 Response in Opposition to Motion filed by Patheon Inc.. Replies due by 6/8/2015. (Attachments: #1 Exhibit 1 - E-Mail)(Brochin, Robert)
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Filing 718
MOTION to replace Exhibit to DE 717 re #717 Response in Opposition to Motion by Procaps S.A.. (Attachments: #1 Exhibit (Redacted))(Carlos, Natalie)
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Filing 717
RESPONSE in Opposition re #715 Defendant's MOTION for an Order Canceling the Mediation filed by Procaps S.A.. Replies due by 6/8/2015. (Attachments: #1 Exhibit, #2 Exhibit (Redacted))(Carlos, Natalie)
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Filing 716
ENDORSED ORDER re #715 Defendant's MOTION for an Order Canceling the Mediation filed by Patheon Inc. Plaintiff Procaps shall file a response by the deadline established by local rule. Defendant Patheon may not file a reply absent specific authority from the Court. Signed by Magistrate Judge Jonathan Goodman on 5/27/2015. (JG)
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Filing 715
Defendant's MOTION for an Order Canceling the Mediation by Patheon Inc.. (Brochin, Robert)
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Filing 714
ENDORSED ORDER granting #711 Unopposed Motion to Reset Dates for Disclosure of Plaintiff's Equitable Claims and Related Briefs. Procaps shall file a notice advising Patheon and the Court of the equitable claims it intends to file by 9/17/2015. The Court will hold a Telephonic Conference to discuss the length of bench briefs submitted on Procaps' equitable claims on 9/24/2015 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall submit their respective bench briefs on Procaps' equitable claims by 10/27/2015. Signed by Magistrate Judge Jonathan Goodman on 5/15/2015. (tr00)
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Filing 713
ENDORSED ORDER granting #712 Patheon's Motion for Clarification. The page limits for a summary judgment motion (and memorandum) are separate from the page limits for the statement of material facts. The page limits listed in paragraph 6 of Patheon's motion for clarification are correct. In addition, no party may file (or request to file) summary judgment papers exceeding the page limits outlined in paragraph 6 absent compelling circumstances, which the Court predicts are rare indeed. Signed by Magistrate Judge Jonathan Goodman on 5/13/2015. (JG)
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Filing 712
Defendant's MOTION for clarification by Patheon Inc.. Responses due by 6/1/2015 (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 711
Unopposed MOTION to Reset Dates for Disclosure of Plaintiff's Equitable Claims and Related Briefs by Patheon Inc.. (Brochin, Robert)
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Filing 710
ORDER on #699 Patheon's Rule 37(b) Motion for Failure to Comply with Discovery Order. Signed by Magistrate Judge Jonathan Goodman on 5/12/2015. (tr00)
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Filing 709
RESPONSE in Opposition re #699 Defendant's MOTION for Order to Show Cause on Plaintiff's Failure to Comply with Discovery Order filed by Procaps S.A.. Replies due by 5/18/2015. (Attachments: #1 Exhibit 1 - Notice, #2 Exhibit 2 - Preliminary Statement)(Coutroulis, Chris)
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Filing 708
ORDER granting in part and denying in part #690 Patheon's Motion for Leave to Take Depositions. Signed by Magistrate Judge Jonathan Goodman on 5/5/2015. (tr00)
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Filing 707
RESPONSE in Opposition re #690 Defendant's MOTION for Discovery (for Leave to Take Depositions) filed by Procaps S.A.. Replies due by 5/11/2015. (Attachments: #1 Exhibit, #2 Exhibit)(Carlos, Natalie)
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Filing 706
ENDORSED ORDER granting #704 Patheon's Motion to File Under Seal pursuant to Local Rule 5.4 and the Protective Order [ECF. No. 86]. Signed by Magistrate Judge Jonathan Goodman on 4/30/2015. (tr00)
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Filing 705
MEMORANDUM in Support of #704 MOTION to File Under Seal by Patheon Inc. (ra)
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Filing 704
MOTION to File Under Seal. (ra) (Additional attachment(s) added on 4/30/2015: #1 Exhibit 2) (ra).
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Filing 703
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Conference held on 4/30/2015. (Digital 14:01:24.) (mso)
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Filing 702
ENDORSED ORDER re #699 Patheon's Motion for Order to Show Cause on Plaintiff's Failure to Comply with Discovery Order. As noted at the April 30, 2015 hearing, Procaps shall, by May 6, 2015, file a response of no more than three double-spaced pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 4/30/2015. (tr00)
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Filing 701
ENDORSED ORDER granting #696 Procaps' Motion for Reconsideration and rescinding 692 the Court's Order requiring the submission of documents for in camera inspection, because Patheon announced, at the hearing held on April 30, 2015, that it was no longer going to submit the subject documents given the Court's ruling at that hearing concerning additional requirements for submission. Signed by Magistrate Judge Jonathan Goodman on 4/30/2015. (tr00)
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Filing 700
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert)
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Filing 699
Defendant's MOTION for Order to Show Cause on Plaintiff's Failure to Comply with Discovery Order by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert)
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Filing 698
ENDORSED ORDER setting Telephonic Hearing on Procaps' #696 Motion for Reconsideration for 4/30/2015 at 02:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman.Counsel shall contact the Court at 1:55 PM by: 1. Dialing 1-888-684-8852; 2. Entering Access Code Number 8004594, followed by the # sign; and 3. Entering Security Code Number 1213 followed by the # sign. No cellular telephone use is permitted.Furthermore, no additional written submissions concerning Procaps' #696 Motion for Reconsideration may be filed. Signed by Magistrate Judge Jonathan Goodman on 4/29/2015. (tr00)
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Filing 697
ENDORSED ORDER granting in part the #695 Agreed Motion for Extension of Time to Complete Discovery. The parties have until June 10, 2015 to complete the deposition of Setec pursuant to the guidelines established in ECF No. #689 . However, the parties should note that the Court much prefers for the deposition to occur on June 3, rather than June 10. If the deposition is taken on June 3, then the transcript shall be filed by June 10, and if it is taken on June 10, then the transcript shall be filed by June 15. Signed by Magistrate Judge Jonathan Goodman on 4/29/2015. (tr00)
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Filing 696
Plaintiff's MOTION for Reconsideration re 692 Order,,,, by Procaps S.A.. (Attachments: #1 Exhibit)(Carlos, Natalie)
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Filing 695
Agreed MOTION for Extension of Time to Complete Discovery by Patheon Inc.. (Attachments: #1 Text of Proposed Order Ex. 1 - Proposed Order)(Brochin, Robert)
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Filing 694
ENDORSED ORDER granting #693 Motion for Clarification. The English translation and translators' certificates do not count towards the total page count. Signed by Magistrate Judge Jonathan Goodman on 4/29/2015. (tr00)
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Filing 693
Defendant's MOTION for clarification 692 Order,,,, by Patheon Inc.. Responses due by 5/15/2015 (Brochin, Robert)
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Filing 692
ENDORSED ORDER regarding Patheon's motion for discovery [ECF No. 690]. On page 3 of that motion, Patheon advised that it did not want to reveal its work product by responding to Procaps' request that it define the scope of the proposed depositions. Likewise, it explained that it did not want to now reveal to Procaps the specific documents from Procaps' recent production about which Patheon intends to question the deposition witnesses (assuming the Court were to permit the depositions). Patheon also offered to submit under seal (for in camera inspection) a sample of the recently produced relevant documents. The Undersigned is taking up this offer. Patheon shall by noon on May 1, 2015 submit under seal a sample of 20 recently produced documents. Patheon has the discretion to choose whatever documents it deems relevant, but there is a limitation: the under-seal submission may not exceed 100 pages. If Patheon needs to submit less than 20 documents in order to comply with this page limit, then it shall make appropriate adjustments and submit fewer than 20 documents. Signed by Magistrate Judge Jonathan Goodman on 4/28/2015. (JG)
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Filing 691
ENDORSED ORDER re #690 Patheon's Motion for Leave to Take Depositions. Procaps shall, by May 1, 2015, file a response of no more than 4 double-spaced pages, excluding signature block and certificate of service. No reply permitted absent further court order. Signed by Magistrate Judge Jonathan Goodman on 4/27/2015. (tr00)
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Filing 690
Defendant's MOTION for Discovery (for Leave to Take Depositions) by Patheon Inc.. Responses due by 5/14/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 689
ORDER granting #673 Patheon's Motion for Leave to Depose the Court-Appointed Forensic Expert. Signed by Magistrate Judge Jonathan Goodman on 4/24/2015. (tr00)
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Filing 688
ENDORSED ORDER denying #684 Procaps' Motion for Extension of Time. Procaps shall comply with ECF No. #678 and serve its supplemental responses to Patheon's interrogatories by 4/21/2015. Signed by Magistrate Judge Jonathan Goodman on 4/20/2015. (tr00)
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Filing 687
RESPONSE in Opposition re #684 Plaintiff's MOTION for Extension of Time to Supplement Interrogatory Answers re #678 Order on Motion to Compel filed by Patheon Inc.. Replies due by 4/30/2015. (Brochin, Robert)
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Filing 686
NOTICE by Patheon Inc. (Patheon's Notice of Authorities) (Attachments: #1 Exhibit 1) (Brochin, Robert)
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Filing 685
ENDORSED ORDER re #684 Plaintiff's Motion for Extension of Time. Patheon may file a response to the Motion, of no more than two, double-spaced pages, excluding signature block and certificate of service, by 5:00 PM on Monday, 4/20/2015. No reply permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 4/17/2015. (lpr)
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Filing 684
Plaintiff's MOTION for Extension of Time to Supplement Interrogatory Answers re #678 Order on Motion to Compel by Procaps S.A.. Responses due by 5/4/2015 (Carlos, Natalie)
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Filing 683
ENDORSED ORDER regarding additional authority. In its Motion for Leave to Depose the Court-Appointed Forensic Expert [ECF No. 673], Patheon represented (page 4) that "depositions of court-appointed experts who have prepared deleted items reports like the Report here are very common," (emphasis added). It then cited only two cases, one of which Procaps contends, in its opposition response [ECF No. 681], actually favors its position (that a deposition not be permitted). Procaps also argues that "it is untrue that depositions of court-appointed forensic experts preparing deleted file reports are 'very common.'" In light of Patheon's contention, Patheon shall by April 17, 2015 file a notice of authorities supporting the notion that the scenario at issue (i.e., depositions of court-appointed computer forensic experts on deleted file reports) is "very common." Patheon's notice shall include at least 8 such cases but shall not contain any argument. Instead, it shall list only the cases by name and citation, though it may include a one-sentence, objective, rhetoric-free summary of the relevant holdings. Signed by Magistrate Judge Jonathan Goodman on 04/15/2015. (JG)
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Filing 682
ORDER denying #668 Procaps' Motion for In Camera Review of Relevant Antitrust Document for Privilege. Signed by Magistrate Judge Jonathan Goodman on 4/15/2015. (tr00)
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Filing 681
RESPONSE in Opposition re #673 MOTION for Leave to Depose the Court-Appointed Forensic Expert filed by Procaps S.A.. Replies due by 4/24/2015. (Attachments: #1 Exhibit)(Carlos, Natalie)
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Filing 680
ENDORSED ORDER modifying the mediation requirement of the Trial Scheduling Order [ECF No. 655]. Based on Defendant Patheon's explanation of a joint venture in its Memorandum [ECF No. 679] opposing Plaintiff Procaps' Motion for In Camera Review of relevant Antitrust Document [ECF No. 668], the Court is now modifying paragraph 11(e) of the Trial Scheduling Order [ECF No. 655]. Specifically, DPX Holdings, B.V. (and not DSM Pharmaceutical Products, Inc.) is the additional entity which "must have an appropriate corporate representative attend the mediation." Representatives from "Royal DSM" and "DSM," as well as representatives from "JLL Partners" may attend the mediation, but the Court is not requiring them to appear. Signed by Magistrate Judge Jonathan Goodman on 4/10/2015. (JG)
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Filing 679
RESPONSE in Opposition re #668 Plaintiff's MOTION FOR IN CAMERA REVIEW OF RELEVANT ANTITRUST DOCUMENT FOR PRIVILEGE filed by Patheon Inc.. Replies due by 4/20/2015. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3, #4 Exhibit Ex 4, #5 Exhibit Ex 5, #6 Exhibit Ex 6, #7 Exhibit Ex 7, #8 Exhibit Ex 8, #9 Exhibit Ex 9, #10 Exhibit Ex 10)(Brochin, Robert)
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Filing 678
ORDER granting in large part and denying in small part #662 Patheon's Motion to Compel Interrogatory Responses. Signed by Magistrate Judge Jonathan Goodman on 4/10/2015. (tr00)
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Filing 677
ENDORSED ORDER granting #671 Plaintiff's Motion to File Under Seal onfidential Documents Relating to Procaps' Motion for In Camera Review of Relevant Antitrust Document for Privilege. Signed by Magistrate Judge Jonathan Goodman on 4/8/2015. (tr00)
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Filing 676
REPLY in Support re #662 Defendant's MOTION to Compel Interrogatory Responses and Memorandum in Support filed by Patheon Inc.. (Brochin, Robert) Modified title text on 4/7/2015 (asl).
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Filing 675
NOTICE of Compliance by Patheon Inc. re 674 Endorsed Order,,, (Attachments: #1 Exhibit Ex. 1) (Brochin, Robert)
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Filing 674
ENDORSED ORDER re #673 Patheon's Motion for Leave to Depose the Court-Appointed Forensic Expert, Setec. Because Setec is not on the CM/ECF list of parties and attorneys who receive notice of filings, Patheon shall, by the end of business today -- April 7, 2015 -- forward by email a copy of its Motion for Leave to Depose the Court-Appointed Forensic Expert [ECF No. 673] to the two primary Setec employees involved in the ESI search project. Procaps shall file a response (of no more than five double-spaced pages, excluding certificate of service and signature block) to the motion by April 14, 2015. Setec may file an optional response by April 17, 2015. Because Setec is a corporation, it may not file its own pro se response; it must appear through counsel. Setec's optional response, if filed, shall be longer than five double-spaced pages (excluding signature block and certificate of service). Signed by Magistrate Judge Jonathan Goodman on 4/7/2015. (tr00)
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Filing 673
MOTION for Leave to Depose the Court-Appointed Forensic Expert by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 672
Clerk's Notice of Filing Deficiency Re: #671 MOTION to Seal. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (nc)
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Filing 671
MOTION to File Under Seal Confidential Documents Relating to Procaps' Motion for In Camera Review of Relevant Antitrust Document for Privilege by Procaps S.A. (nc) (Additional attachment(s) added on 4/6/2015: #1 Exhibit, #2 Exhibit, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 6, #6 Exhibit 8) (nc).
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Filing 670
ENDORSED ORDER re #668 Procaps Motion for In Camera Review of Relevant Antitrust Document for Privilege. Patheon shall file a response of no more than 3 double-spaced pages, excluding signature block and certificate of service, by 4/10/2015. No reply permitted absent court order. Signed by Magistrate Judge Jonathan Goodman on 4/3/2015. (tr00)
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Filing 669
RESPONSE in Opposition re #662 Defendant's MOTION to Compel Interrogatory Responses and Memorandum in Support filed by Procaps S.A.. Replies due by 4/13/2015. (Rosenthal, Alan)
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Filing 668
Plaintiff's MOTION FOR IN CAMERA REVIEW OF RELEVANT ANTITRUST DOCUMENT FOR PRIVILEGE by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Carlos, Natalie)
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Filing 667
STATUS REPORT Informal Status Report #9 (Corrected) by John M. Barkett (Barkett, John)
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Filing 666
STATUS REPORT Informal Status Report #9 by John M. Barkett (Barkett, John)
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Filing 665
ENDORSED ORDER re #662 Patheon's Motion to Compel Interrogatory Responses. Procaps shall, by April 3, 2015, file its response of no more than five (5) double-spaced pages, excluding signature block and certificate of service. Patheon may, by April 7, 2015, file an optional reply of no more than three (3) double-spaced pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 3/30/2015. (tr00)
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Filing 664
ENDORSED ORDER granting #660 Motion to Seal. Signed by Magistrate Judge Jonathan Goodman on 3/30/2015. (tr00)
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Filing 663
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert)
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Filing 662
Defendant's MOTION to Compel Interrogatory Responses and Memorandum in Support by Patheon Inc.. Responses due by 4/16/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 660
MOTION to File Under Seal by Patheon Inc. (nc)
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Filing 659
ENDORSED ORDER granting #657 Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing; and granting #658 Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Magistrate Judge Jonathan Goodman on 3/30/2015. (tr00)
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SYSTEM ENTRY - Docket Entry 661 [misc] restricted/sealed until further notice. (nc)
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Filing 658
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael B. Miller. Filing Fee $ 75.00. Receipt # 97304. (ksa)
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Filing 657
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Karen L. Hagberg. Filing Fee $ 75.00. Receipt # 97303. (ksa)
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Filing 656
TRANSCRIPT of Telephonic Discovery Conference Hearing held on 3/2/2015 before Magistrate Judge Jonathan Goodman, 1-31 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/30/2015. Redacted Transcript Deadline set for 4/9/2015. Release of Transcript Restriction set for 6/8/2015. (Attachments: #1 Designation)(mc)
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Filing 655
ORDER specially setting civil jury trial and pretrial schedule and requiring mediation. Jury Trial set for 11/16/2015 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Pretrial Conference set for 11/9/2015 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 3/3/2015. (tr00)
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Filing 654
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Trial Scheduling Conference held on 3/2/2015. Trial to begin on 11/16/2015. A written Trial Scheduling Order to be issued. (Digital 15:02:29.) (mso)
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Filing 653
NOTICE by Procaps S.A. re #652 Notice (Other) by Patheon of Filing Correspondence from the District of New Jersey (Carlos, Natalie)
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Filing 652
NOTICE by Patheon Inc. of Filing Correspondence from the District of New Jersey (Attachments: #1 Exhibit 1) (Brochin, Robert)
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Filing 651
STATUS REPORT Informal Status Report #8 (Corrected) by John M. Barkett (Barkett, John)
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Filing 650
STATUS REPORT Informal Status Report #8 by John M. Barkett (Barkett, John)
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Filing 649
ENDORSED ORDER setting Telephonic Trial Scheduling Conference for 3/2/2015 at 03:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Counsel shall have their calendars with them and shall have discussed trial dates in late 2015 with their clients. The Court fully intends to schedule the trial in this case in 2015 and intends to issue a trial scheduling order in the next week. The trial scheduling order will include deadlines for all significant events, including any new summary judgment motions based on new evidence and mediation.The parties shall abide by the following call-in procedure: Plaintiff's counsel will arrange and place the call in to Chambers at 305-523-5720 with all other counsel already on the line shortly before the hearing time. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 2/24/2015. (tr00)
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Filing 648
ORDER granting in part and denying in part #635 Defendant Patheon's Motion for Leave to Serve Additional Rule of Reason Discovery. Signed by Magistrate Judge Jonathan Goodman on 2/20/2015. (tr00)
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Filing 647
SUR-REPLY to 645 Endorsed Order,,,,, #641 Reply to Response to Motion, by Procaps S.A.. (Attachments: #1 Exhibit Declaration of Alvaro Franco, #2 Exhibit Deposition Excerpts of Ted Green, #3 Exhibit Deposition Excerpts of Ruben Minski)(Carlos, Natalie) Modified title text on 2/18/2015 (asl).
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Filing 646
ENDORSED ORDER re sur-reply 645 ordered by the Court on 2/9/2015. Because the original deadline falls on 2/16/2015, which is a federal holiday where the Court is closed, the sur-reply shall be due the following day, 2/17/2015. Signed by Magistrate Judge Jonathan Goodman on 2/12/2015. (tr00)
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Filing 645
AMENDED ENDORSED ORDER granting in part Procaps' #643 Motion to strike the declaration of Michael J. Klisch or, in the alternative, for leave to file a sur-reply. There is no doubt that Mr. Klisch's affidavit was not permitted by the Court's order permitting a brief 3-page reply. A party cannot circumvent a page limitation by submitting a memorandum which facially complies with the page limitation but then attaches an argument-filled affidavit which, for all intents and purposes, serves as a supplemental memorandum. Unfortunately, the Undersigned already reviewed the affidavit and the exhibits by the time Procaps filed its motion to strike. Therefore, the Court grants Procaps its alternate request for relief -- the ability to file a sur-reply of up to 5 pages. In addition to filing a sur-reply, Procaps may attach exhibits if they are relevant to Mr. Klisch's affidavit or the exhibits he filed along with it. Procaps shall file the sur-reply by February 16, 2015. Counsel shall not use strategies and tactics designed to sidestep page limitations. Any further efforts to dodge page limitations or skirt other procedural rules will lead to sanctions, including attorney's fees. Signed by Magistrate Judge Jonathan Goodman on 2/9/2015. (tr00)
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Filing 644
ENDORSED ORDER granting Procaps' #643 Motion to strike the declaration of Michael J. Klisch or, in the alternative, for leave to file a sur-reply. There is no doubt that Mr. Klisch's affidavit was not permitted by the Court's order permitting a brief 3-page reply. A party cannot circumvent a page limitation by submitting a memorandum which facially complies with the page limitation but then attaches an argument-filled affidavit which, for all intents and purposes, serves as a supplemental memorandum. Unfortunately, the Undersigned already reviewed the affidavit and the exhibits by the time Procaps filed its motion to strike. Therefore, the Court grants Procaps its alternate request for relief -- the ability to file a sur-reply of up to 5 pages. In addition to filing a sur-reply, Procaps may attach exhibits if they are relevant to Mr. Klisch's affidavit or the exhibits he filed along with it. Procaps shall file the sur-reply by February 16, 2015. Counsel shall not use strategies and tactics designed to sidestep page limitations. Any further efforts to dodge page limitations or skirt other procedural rules will lead to sanctions, including attorney's fees. Signed by Magistrate Judge Jonathan Goodman on 2/9/2015. (tr00)
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Filing 643
MOTION to Strike #641 Reply to Response to Motion, The Declaration of Michael J. Klisch or, in the Alternative, for Leave to File a Sur-Reply to Patheons 11 Pages of Argument included with its Reply by Procaps S.A.. Responses due by 2/26/2015 (Carlos, Natalie)
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Filing 642
STATUS REPORT Informal Status Report #7 by John M. Barkett (Barkett, John)
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Filing 641
REPLY in Support re #635 MOTION for Discovery (Motion for Leave to Serve Additional Rule of Reason Discovery and Memorandum In Support) filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert) Modified title text on 2/3/2015 (asl).
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Filing 640
ENDORSED ORDER re #635 Patheon's Motion for Leave to Serve Additional Rule of Reason Discovery. Patheon is authorized to file an optional Reply of up to three (3) double-spaced pages, excluding signature block and certificate of service, by 2/3/2015. Signed by Magistrate Judge Jonathan Goodman on 1/27/2015. (tr00)
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Filing 639
RESPONSE in Opposition re #635 MOTION for Discovery (Motion for Leave to Serve Additional Rule of Reason Discovery and Memorandum In Support) filed by Procaps S.A.. Replies due by 2/5/2015. (Attachments: #1 Exhibit Minski Deposition, #2 Exhibit Minski Deposition)(Carlos, Natalie)
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Set/Reset Deadlines as per DE 638 re: #635 MOTION for Discovery (Motion for Leave to Serve Additional Rule of Reason Discovery and Memorandum In Support). Responses due by 1/26/2015 (lk)
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Filing 638
ENDORSED ORDER granting Plaintiff's #637 Motion for Extension of Time to File Response to Defendant's Motion for Discovery. Plaintiff shall file Response by Monday, January 26, 2015. Signed by Magistrate Judge Jonathan Goodman on 1/20/2015. (tr00)
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Filing 637
Plaintiff's MOTION for Extension of Time to file Response to Defendant's Motion for Discovery re 636 Endorsed Order, #635 MOTION for Discovery (Motion for Leave to Serve Additional Rule of Reason Discovery and Memorandum In Support) by Procaps S.A.. Responses due by 2/6/2015 (Carlos, Natalie)
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Filing 636
ENDORSED ORDER re #635 Defendant's Motion for Discovery. Plaintiff shall, by January 23, 2015, file a Response of no more than five (5) double-spaced pages, excluding signature block and certificate of service. No Reply permitted absent further Court Order. Signed by Magistrate Judge Jonathan Goodman on 1/14/2015. (tr00)
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Filing 635
MOTION for Discovery (Motion for Leave to Serve Additional Rule of Reason Discovery and Memorandum In Support) by Patheon Inc.. Responses due by 2/2/2015 (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, #9 Exhibit 9, #10 Exhibit 10)(Brochin, Robert)
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Filing 634
ORDER Adopting Special Master's Report and Recommendation that Procaps' #559 Motion for a Forensic Examination of Patheon's Electronically Stored Information be Denied. Signed by Magistrate Judge Jonathan Goodman on 12/30/2014. (tr00)
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Filing 633
STATUS REPORT Informal Status Report #6 by John M. Barkett (Barkett, John)
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Filing 632
RESPONSE/REPLY to #629 Notice (Other), Defendant's Opposition to Plaintiff's Objections to the Special Master's Report and Recommendation Denying Plaintiff's Motion for Forensic Examination by Patheon Inc.. (Brochin, Robert)
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Filing 631
RESPONSE in Opposition re #630 MOTION to Adopt/Join #627 Report Regarding Special Master's Report and Recommendation to Deny Procaps' Motion for a Forensic Examination filed by Procaps S.A.. (Rosenthal, Alan)
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Filing 630
MOTION to Adopt/Join #627 Report Regarding Special Master's Report and Recommendation to Deny Procaps' Motion for a Forensic Examination and Memorandum in Support by Patheon Inc.. (Brochin, Robert) Modified title text on 12/8/2014 (asl).
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Filing 629
NOTICE by Procaps S.A. re #627 Report Regarding Procaps' Objections to the Special Master's December 1, 2014 Report and Recommendation (Attachments: #1 Exhibit 1 - Transcript of Hearing before Special Master dated 10-6-14) (Rosenthal, Alan)
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Filing 628
Notice of Judicial Disclosure. Signed by Magistrate Judge Jonathan Goodman on 12/4/2014. (tr00)
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Filing 627
REPORT REGARDING Report and Recommendation to Deny Procaps' Motion for Forensic Examination by John M. Barkett (Barkett, John)
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Filing 626
STATUS REPORT Interim Report No. 5 by John M. Barkett (Barkett, John)
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Filing 625
NOTICE by Procaps S.A. of Compliance with Court Order (Coutroulis, Chris)
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Filing 624
Joint NOTICE of Compliance by Procaps S.A. re #622 Order (Coutroulis, Chris) Modified title text on 11/21/2014 (asl).
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Filing 623
TRANSCRIPT of Telephonic Discovery Hearing held on 11/13/2014 before Magistrate Judge Jonathan Goodman, 1-77 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/11/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/20/2015. (Attachments: #1 Designation Access Form)(amb)
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Filing 622
ORDER concerning rule of reason discovery hearing held on November 13, 2014. Signed by Magistrate Judge Jonathan Goodman on 11/13/2014. (tr00)
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Filing 621
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 11/13/2014.(Digital 10:01:05.) (mso)
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Filing 620
NOTICE by Procaps S.A. of Filing Supplemental Email Correspondence in Advance of Discovery Hearing (Attachments: #1 Exhibit 1 - Supplemental Email) (Coutroulis, Chris)
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Filing 619
NOTICE by Patheon Inc. of Filing Recent Emails in Advance of Discovery Hearing (Attachments: #1 Exhibit 1) (Brochin, Robert)
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Filing 618
STATUS REPORT Informal Status Report #4 by John M. Barkett (Barkett, John)
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Filing 617
ENDORSED ORDER granting #615 Unopposed Motion to Continue Telephonic Discovery Hearing. Telephonic Discovery Hearing originally scheduled for 11/4/2014 shall now be set for 11/13/2014 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall still abide by the following call-in procedure: Plaintiff's counsel will arrange and place the call in to Chambers at 305-523-5720 with all other counsel already on the line shortly before the hearing time. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 10/31/2014. (tr00)
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Filing 616
Clerks Notice to Filer re #615 Unopposed MOTION for Discovery Telephonic Hearing Rescheduling. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (asl)
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Filing 615
Unopposed MOTION to Reschedule Telephonic Hearing Rescheduling by Procaps S.A.. Responses due by 11/17/2014 (Attachments: #1 Exhibit A- Email showing no opposition)(Coutroulis, Chris) Modified relief/text on 10/31/2014 (asl).
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Filing 614
ENDORSED ORDER setting telephonic Discovery Hearing for 11/4/2014 at 02:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall abide by the following call-in procedure: Plaintiff's counsel will arrange and place the call in to Chambers at 305-523-5720 with all other counsel already on the line shortly before the hearing time. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 10/29/2014. (tr00)
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Filing 613
NOTICE by Patheon Inc. of Discovery Dispute (Supplemental) (Attachments: #1 Exhibit 1) (Brochin, Robert)
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Filing 612
RESPONSE to #611 Notice (Other) Patheon's Unilateral Notice of Discovery Dispute by Procaps S.A.. (Attachments: #1 Exhibit Email correspondence)(Carlos, Natalie) Modified title text on 10/29/2014 (asl).
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Filing 611
NOTICE by Patheon Inc. of Discovery Dispute (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Brochin, Robert)
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Filing 610
AMENDED ORDER denying Defendant Patheon's #581 "Motion for Judgment" (but providing other relief). Signed by Magistrate Judge Jonathan Goodman on 10/27/2014. (tr00)
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Filing 609
ENDORSED ORDER denying without prejudice #572 Plaintiff's Motion to Compel Mediation. The Court may order a second mediation -- but only after resolution of many, if not all, pending issues and projects, such as (1) Procaps' obligation to provide additional discovery following completion of the forensic analysis of its ESI, (2) Procaps' motion to compel a forensic analysis of Defendant Patheon's ESI, (3) Procaps' duty (as outlined in a recent order) to provide responses to the outstanding discovery requests it previously avoided by representing an intent to not proceed on anything other than a per se mode of analysis, and, (4) a possible defense summary judgment motion on Procaps' newly-focused rule of reason approach to its antitrust claims. Either party may file a motion for mediation after complying with Local Rule 7.1, but the Court strongly suggests that no motion be filed until at least most of the issues and events flagged above have been resolved or completed. Alternatively, the Court may well order a second mediation on its own, in the absence of a motion. The Undersigned believes that mediation is most effective when the timing is right -- and the Undersigned does not consider the present time to be the right time for a second mediation. Determining the right time for a mediation is more of an art than a science, but neither an artistic approach nor a scientific approach suggests that now is that time. Signed by Magistrate Judge Jonathan Goodman on 10/22/2014. (JG)
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Filing 608
ORDER denying Plaintiff's #592 Motion to strike (and for other relief). Signed by Magistrate Judge Jonathan Goodman on 10/22/2014. (tr00)
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Filing 607
ORDER denying Defendant Patheon's #581 "Motion for Judgment" (But Providing Other Relief). Signed by Magistrate Judge Jonathan Goodman on 10/20/2014. (tr00)
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Filing 606
SUPPLEMENT to #585 Response/Reply (Other), #559 Plaintiff's MOTION to Compel Forensic Analysis of Patheon and Banner's ESI and Incorporated Memorandum by Procaps S.A. (Attachments: #1 Exhibit October 6, 2014 Hearing Transcript, #2 Exhibit Excerpts of Mullen Deposition Transcript, #3 Exhibit Excerpts of Glass Deposition Transcript, #4 Exhibit Excerpts of Lytton Deposition Transcript)(Carlos, Natalie)
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Filing 605
STATUS REPORT Informal Status by John M. Barkett (Barkett, John)
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Filing 604
SUPPLEMENT to #568 Response in Opposition to Motion, Plaintiff's Motion to Compel Forensic Analysis by Patheon Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 603
OMNIBUS ORDER denying Plaintiff's #569 Motion for Reconsideration of the Court's Summary Judgment Order; denying Plaintiff's #576 Motion to Compel Production of Documents; denying plaintiff's #577 Motion to Compel Answers to Interrogatories; and denying Defendant's #584 Motion to Compel Production of Documents and Interrogatory Responses. Signed by Magistrate Judge Jonathan Goodman on 10/2/2014. (tr00)
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Filing 602
RESPONSE in Support re #581 MOTION for Judgment on the Pleadings MOTION for Leave to File filed by Patheon Inc.. (Brochin, Robert)
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Filing 601
REPLY to Response to Motion re #592 Plaintiff's MOTION to Strike #587 Response in Opposition to Motion and for Sanctions against Patheon and its Counsel for Violating Mediation Rules of Confidentiality MOTION for Sanctions filed by Procaps S.A.. (Carlos, Natalie)
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Filing 600
RESPONSE in Opposition re #584 Defendant's MOTION to Compel Production of Documents and Interrogatory Responses filed by Procaps S.A.. (Carlos, Natalie)
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Filing 599
RESPONSE in Opposition re #592 Plaintiff's MOTION to Strike #587 Response in Opposition to Motion and for Sanctions against Patheon and its Counsel for Violating Mediation Rules of Confidentiality MOTION for Sanctions filed by Patheon Inc.. (Brochin, Robert)
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Filing 598
ENDORSED ORDER denying #597 Defendant's Motion for Leave to File Excess Pages in Response to Plaintiff's Motion to Strike and for Sanctions. Signed by Magistrate Judge Jonathan Goodman on 9/10/2014. (tr00)
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Filing 597
Defendant's MOTION for Leave to File Excess Pages in Response to Plaintiff's Motion to Strike by Patheon Inc.. (Brochin, Robert)
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Filing 596
Clerks Notice to Filer re #592 Plaintiff's MOTION to Strike #587 Response in Opposition to Motion and for Sanctions against Patheon and its Counsel for Violating Mediation Rules of Confidentiality. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tpl)
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Filing 595
RESPONSE in Opposition re #581 MOTION for Judgment on the Pleadings MOTION for Leave to File filed by Procaps S.A.. (Coutroulis, Chris)
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Filing 594
*Endorsed Order concerning #592 Plaintiff's Motion to Strike #587 Response in Opposition to Motion and for Sanctions against Patheon and its Counsel for Violating Mediation Rules of Confidentiality. Defendant shall file a Response of no more than 3 pages, excluding certificate of service and signature block, by 9/15/2014. Plaintiff may file a Reply of no more than 2 pages, excluding certificate of service and signature block, by 9/18/2014. Signed by Magistrate Judge Jonathan Goodman on 9/8/2014. (tr00)
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Filing 593
RESPONSE in Opposition re #576 Plaintiff's MOTION to Compel Production of Documents and Incorporated Memorandum of Law, #577 Plaintiff's MOTION to Compel Answers to Interrogatories and Incorporated Memorandum of Law filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 592
Plaintiff's MOTION to Strike #587 Response in Opposition to Motion and for Sanctions against Patheon and its Counsel for Violating Mediation Rules of Confidentiality by Procaps S.A.. Responses due by 9/25/2014 (Carlos, Natalie). Added MOTION for Sanctions for Violation Mediation Rules on 9/9/2014 (tpl).
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Filing 591
*Endorsed Order concerning #584 Defendant's motion to compel production of documents and interrogatory responses. Plaintiff shall file a response of no more than 5 pages, excluding certificate of service and signature block, by September 15, 2014. No reply is permitted absent further court order. Signed by Magistrate Judge Jonathan Goodman on 9/7/2014. (JG)
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Filing 590
*Endorsed Order regarding recent filings concerning Plaintiff's motion to compel in the District of New Jersey. The Court has reviewed Defendant's notice [ECF No. 586], with its attachment, and Plaintiff's notice [ECF No. 588], with its attachments. In its notice, Plaintiff attached an order (which Defendant omitted) and a relevant hearing transcript excerpt. Plaintiff contends that Defendant's initial submission, by omitting the companion order, "improperly suggested that the magistrate's 'termination' of the motion was a denial of Procaps' motion to compel DSM, and that this 'termination' adversely affected Procaps' motion to reconsider summary judgment order." For example, Plaintiff notes that the magistrate judge described DSM's position as "silly." Indeed, the hearing transcript excerpt demonstrates that the magistrate judge did in fact say this and it further shows that the Court there is requiring DSM to search for materials responsive to the subpoena. This, Plaintiff argues, is hardly a denial of its motion to compel. After reviewing all materials recently submitted on the out-of-state discovery litigation, the Court concludes that Defendant's initial notice provides an incomplete picture of the New Jersey magistrate judge's succinct written rulings and the proceedings which generated them. The Court is not now going to analyze whether Defendant's initial submission was purposefully designed to present a skewed and/or misleading view of the New Jersey discovery proceedings or whether it simply filed an accurate copy of a brief order. However, given the risk of an inaccurate understanding of the magistrate judge's "termination" order because of a limited submission which omitted other, relevant background material, Defendant should have erred on the side of caution and presented a more-complete submission. The Court does not expect to deal with similar scenarios in the future, as the parties are now on notice to avoid submissions which, while technically correct, might lead to an incorrect interpretation of the events at issue in the submission. Signed by Magistrate Judge Jonathan Goodman on 9/7/2014. (JG)
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Filing 589
STATUS REPORT Interim Status Report #2 by John M. Barkett (Barkett, John)
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Filing 588
NOTICE by Procaps S.A. re #586 Notice (Other) of Filing New Jersey District Court's Companion Order Omitted by Patheon in its "Notice of the Termination of Plaintiff's Motion to Compel in the District of New Jersey" [DE 586] (Attachments: #1 Exhibit September 4, 2014 Order, #2 Exhibit Hearing Transcript) (Carlos, Natalie)
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Filing 587
RESPONSE in Opposition re #572 Plaintiff's MOTION to Compel Return to Mediation filed by Patheon Inc.. (Brochin, Robert)
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Filing 586
NOTICE by Patheon Inc. of Termination of Plaintiff's Motion to Compel in the District of New Jersey (Attachments: #1 Exhibit 1) (Brochin, Robert)
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Filing 585
REPLY to #568 Response in Opposition to Motion, #559 Plaintiff's MOTION to Compel Forensic Analysis of Patheon and Banner's ESI and Incorporated Memorandum by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit)(Carlos, Natalie) Modified text on 9/4/2014 (tpl).
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Filing 584
Defendant's MOTION to Compel Production of Documents and Interrogatory Responses by Patheon Inc.. Responses due by 9/22/2014 (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)(Brochin, Robert)
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Filing 583
Clerks Notice to Filer re #581 MOTION for Judgment on the Pleadings . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tpl)
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Filing 582
ENDORSED ORDER cancelling 574 telephonic hearing because Patheon's #573 Motion has been withdrawn. Signed by Magistrate Judge Jonathan Goodman on 8/25/2014. (oim)
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Filing 581
MOTION for Judgment on the Pleadings by Patheon Inc.. (Brochin, Robert). Added MOTION for Leave to File Motion for Summary Judgment on 8/26/2014 (tpl).
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Filing 580
RESPONSE/REPLY to #569 Plaintiff's MOTION for Reconsideration of Summary Judgment Order (DE 565) in Connection with FDUTPA Claim and to Clarify Certain Factual Matters (in Opposition) by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 579
NOTICE by Procaps S.A. of Filing Transcript of August 20, 2014 Hearing in District of New Jersey on Procaps' Motion to Compel Discovery from DSM Pharmaceuticals (Attachments: #1 Exhibit August 20, 2014 Hearing Transcript on Procaps' Motion to Compel Discovery from DSM) (Carlos, Natalie)
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Filing 578
ENDORSED ORDER Regarding #577 Plaintiff's MOTION to Compel Answers to Interrogatories and #576 Plaintiff's MOTION to Compel Production of Documents. Patheon shall file a response of no more than 5 pages to each motion or an omnibus response of no more than 10 pages (excluding certificate of service or signature page), within the time provided for in the Local Rules. No reply is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 8/21/2014. (oim)
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Filing 577
Plaintiff's MOTION to Compel Answers to Interrogatories and Incorporated Memorandum of Law by Procaps S.A.. Responses due by 9/8/2014 (Attachments: #1 Exhibit Procaps' Interrogatories, #2 Exhibit Patheon's Objections/Responses to Procaps' Interrogatories, #3 Exhibit Meet and confer correspondence, #4 Exhibit Meet and confer correspondence, #5 Exhibit Meet and confer correspondence, #6 Exhibit Meet and confer correspondence, #7 Exhibit, #8 Exhibit Patheon's Fifth Set of Interrogatories)(Carlos, Natalie)
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Filing 576
Plaintiff's MOTION to Compel Production of Documents and Incorporated Memorandum of Law by Procaps S.A.. Responses due by 9/8/2014 (Attachments: #1 Exhibit Procaps' Request for Production of Documents, #2 Exhibit Patheon's Objections/Responses to Procaps' Request for Production of Documents, #3 Exhibit Meet and confer correspondence, #4 Exhibit Meet and confer correspondence, #5 Exhibit Meet and confer correspondence, #6 Exhibit Patheon's Third Request for Production of Documents)(Carlos, Natalie)
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Filing 575
WITHDRAWAL of Motion by Patheon Inc. re #573 Defendant's MOTION for Extension of Time to file motions to compel filed by Patheon Inc. (Brochin, Robert)
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Filing 574
ENDORSED ORDER regarding #573 Patheon's MOTION for Extension of Time to file motions to compel. Procaps shall file a response of no more than 3 double spaced pages (excluding signature block and certificate of service) to Patheon's motion by 8/25/2014 at 5:00 p.m. A telephonic hearing on this motion is set for 8/26/2014 at 10:00 a.m. Counsel shall call into the Court's conference call in line, as set out in docket entry #541 , shortly before the hearing time. Signed by Magistrate Judge Jonathan Goodman on 8/19/2014. (oim)
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Filing 573
Defendant's MOTION for Extension of Time to file motions to compel by Patheon Inc.. Responses due by 9/5/2014 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 572
Plaintiff's MOTION to Compel Return to Mediation by Procaps S.A.. Responses due by 9/5/2014 (Carlos, Natalie)
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Filing 571
Clerks Notice to Filer re #569 Plaintiff's MOTION for Reconsideration of Summary Judgment Order (DE 565) in Connection with FDUTPA Claim and to Clarify Certain Factual Matters. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp)
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Set Deadlines per 570 Order as to #569 Plaintiff's MOTION for Reconsideration of Summary Judgment Order (DE 565) in Connection with FDUTPA Claim and to Clarify Certain Factual Matters. Responses due by 8/22/2014 (asl)
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Filing 570
*Endorsed Order concerning [ECF No. 569] Procaps' Motion for Reconsideration of Summary Judgment Order [ECF No. 565]. Patheon shall file a response of no more than 15 double-spaced pages by August 22, 2014. No reply is permitted absent further, specific court order. Signed by Magistrate Judge Jonathan Goodman on 8/14/2014. (JG)
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Filing 569
Plaintiff's MOTION for Reconsideration of Summary Judgment Order (DE 565) in Connection with FDUTPA Claim and to Clarify Certain Factual Matters by Procaps S.A.. (Attachments: #1 Exhibit 1 - Patheon's announcement ot plans to be acquired by Royal DSM/DSM Pharmaceutical Products, #2 Exhibit 2 - Article re DSM and Patheon Merger, #3 Exhibit 3 - Press Release re Merger, #4 Exhibit 4 - New Jersey hearing, #5 Exhibit 5 - Procaps' Fourth Set of Interrogatories, #6 Exhibit 6 - Procaps' Fifth Request for Production, #7 Exhibit 7 - Patheon's Objections and Responses to Fourth Set of Interrogatories, #8 Exhibit 8 - Patheon's Objections and Responses to Fifth Request for Production, #9 Exhibit 9 - Discovery Emails, #10 Exhibit 10 - Chronology of Discovery Motions and Orders)(Rosenthal, Alan) Modified added link to order on 8/15/2014 (tp).
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Filing 568
RESPONSE in Opposition re #559 Plaintiff's MOTION to Compel Forensic Analysis of Patheon and Banner's ESI and Incorporated Memorandum filed by Patheon Inc.. (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, #9 Exhibit 9, #10 Exhibit 10)(Brochin, Robert)
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Filing 567
STATUS REPORT Special Master Informal Status Report #1 by John M. Barkett (Barkett, John)
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Filing 566
NOTICE by Procaps S.A. OF FILING ORDER SETTING ORAL ARGUMENT IN THE DISTRICT OF NEW JERSEY ON PROCAPS MOTION TO COMPEL DISCOVERY (Attachments: #1 Exhibit) (Carlos, Natalie)
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Filing 565
ORDER granting in part and denying in part 332 Patheon's Summary Judgment Motion; granting in part and denying in part 334 Procaps' Summary Judgment Motion. Signed by Magistrate Judge Jonathan Goodman on 7/30/2014. (oim)
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Filing 564
Unopposed MOTION to Adopt/Join #562 Report Regarding (of the Special Master (No. 1) by Patheon Inc.. (Brochin, Robert)
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Filing 563
NOTICE by Procaps S.A. re #562 Report Regarding Non-Objection (Rosenthal, Alan)
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Filing 562
REPORT REGARDING Report of Special Master (No. 1) by John M. Barkett (Barkett, John)
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Filing 561
NOTICE of Attorney Appearance by John Moses Barkett on behalf of John M. Barkett. Attorney John Moses Barkett added to party John M. Barkett(pty:sm). (Barkett, John)
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Filing 560
ENDORSED ORDER concerning Special Master's Duties concerning Procaps' Motion to Compel Forensic Analysis of Patheon and Banner's ESI [ECF No. 559]. First, in order to ensure that he timely is aware of all relevant filings concerning the ESI issues assigned to him, the Special Master shall file a notice of appearance so that the CM/ECF system will serve him copies of all motions, memoranda and other submissions. In order to avoid any unnecessary expenditure of time by the Special Master (who does not need to review every submission filed, regardless of the subject), the parties shall, in the title of any submission, indicate whether it relates to an ESI issue. Procaps' motion, for example, already does this because it mentions ESI in the title. The order appointing John Barkett as special master for ESI issues noted that he will be making a recommendation if Procaps were to file a motion for a forensic analysis of Patheon's ESI. That motion was filed today, so the issue is now on Mr. Barkett's plate. To the extent that Mr. Barkett wishes to establish a briefing schedule (including page length limits different than those provided for in the local rules) for additional submissions concerning this motion, he may do so. Signed by Magistrate Judge Jonathan Goodman on 7/24/2014. (JG)
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Filing 559
Plaintiff's MOTION to Compel Forensic Analysis of Patheon and Banner's ESI and Incorporated Memorandum by Procaps S.A.. Responses due by 8/11/2014 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Carlos, Natalie)
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Filing 558
ORDER Appointing Special Master. Signed by Magistrate Judge Jonathan Goodman on 7/14/2014. (oim)
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Filing 557
NOTICE by Patheon Inc. of Filing Defendant's Proposed Order Appointing Special Master (Attachments: #1 Text of Proposed Order)(Brochin, Robert)
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Filing 556
NOTICE of Striking #553 Notice (Other) filed by Patheon Inc. by Patheon Inc. (Brochin, Robert)
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Filing 555
Clerks Notice to Filer re #553 Notice (Other). Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (tpl)
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Filing 554
NOTICE by Procaps S.A. of Filing Proposed Order Regarding Appointment of Neutral Special Master (Attachments: #1 Text of Proposed Order)(Rosenthal, Alan)
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Filing 553
STRICKEN NOTICE by Patheon Inc. Defendant's Proposed Order Appointing Special Master (Attachments: #1 Exhibit 1)(Brochin, Robert) Modified to strike per DE #556 Notice on 7/3/2014 (tpl).
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Filing 552
AFFIDAVIT signed by : John M. Barkett. by John M. Barkett (Barkett, John)
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Filing 551
TRANSCRIPT of Discovery hearing held on 6-19-2014 before Magistrate Judge Jonathan Goodman, Volume Number 1 of 1, 1-56 pages, Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/2014. Redacted Transcript Deadline set for 7/28/2014. Release of Transcript Restriction set for 9/25/2014. (dwh)
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Filing 550
ENDORSED ORDER granting in small part and denying in large part #499 Procaps' Corrected Motion to Compel Better Answers to Interrogatories. Much of the information Procaps seeks in this motion concerns interrogatories which simply did not seek the information Procaps now says it did not receive. Other interrogatories at issue in this motion yielded sufficient answers. The only interrogatory answer which needs to be supplemented is 12. Patheon shall provide a better answer to Interrogatory 12 by specifically explaining whether it or its law firm pursued document and ESI collection efforts from Banner and whether data or reports from Banner were exported to create responsive documents or information in discovery. Patheon need not provide a complete answer for the final section of Interrogatory 12(a)ii. In other words, it need not identify the documents or ESI collected from Banner by Bates number, but it must identify the specific database(s) from which the documents were created or generated. Signed by Magistrate Judge Jonathan Goodman on 6/20/2014. (JG)
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Filing 549
ENDORSED ORDER granting #517 Procaps' Motion for Leave to File a reply in support of its corrected motion to compel better answers to interrogatories. Patheon opposes [ECF No. 537] the motion and has provided several reasons why it believes the motion contains false and misleading statements. Because Patheon has outlined the grounds for its challenge to the proposed reply and the exhibits attached to it, the Undersigned will be able to consider those defense arguments when reviewing the reply and its attachments. Thus, even though the reply has now been permitted, this does not mean that the Undersigned will substantively consider the arguments in the reply or the attachments. Depending on the Undersigned's assessment of Patheon's arguments, I may give no weight, some weight or full weight to the now-filed reply. Conceivably, given the nature of Patheon's arguments and how I evaluate them, I might view the reply as detrimental to Procaps' position (e.g., if it contains misrepresentations). But, then again, the reply and the exhibits could also be deemed as helpful to Procaps. In any event, I am granting the motion. Signed by Magistrate Judge Jonathan Goodman on 06/20/2014. (JG)
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Filing 548
ENDORSED ORDER granting #509 Procaps' Motion for Leave to Supplement Summary Judgment Record. Although Patheon disagrees [ECF No. 515] with the grounds Procaps relies upon in its motion, it ultimately advised the Court that it takes no position on the motion. Patheon says the proposed supplements do not help Procaps and that this lack of substantive support causes it to take no position. Therefore, the motion is unopposed and the Undersigned consequently grants it as an unopposed motion. Signed by Magistrate Judge Jonathan Goodman on 6/20/2014. (JG)
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Filing 547
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on re: #541 6/19/2014. (Digital 15:12:35.) (mso)
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Filing 546
NOTICE of Compliance Joint Notice of Compliance by Procaps S.A. re 545 Order,,,,, (Attachments: #1 Exhibit 1)(Rosenthal, Alan)
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Filing 545
ENDORSED ORDER concerning ESI isues and possible appointment of a special master. Given the amount of time and energy the parties and the Court have devoted to the forensic analysis of Procaps' ESI, the number and intensity of the disputes flowing from the court-ordered analysis, the volume of material the parties have filed and continue to file, the level of acrimony, the parties' inability to agree on virtually anything relating to the forensic analysis and the existence of lingering, time-consuming disputes which will require the continued, additional expenditure of significant time by the Undersigned and my staff, the Undersigned is considering the appointment of a special master to address the ESI issues. The parties shall be prepared to discuss the participation of a special master under Federal Rule of Civil Procedure 53 at the upcoming June 19, 2014 hearing on Search Terms Refinement. The parties shall also jointly recommend possible candidates for special master. The Undersigned suggests that the nominees (and the parties shall jointly recommend between 3 to 5 candidates) be attorneys who have considerable experience in ESI issues and who have written about ESI issues. If the parties are unable to jointly submit a list of nominees by June 18, 2014, then they shall file individual lists before the hearing on June 19, 2014. Signed by Magistrate Judge Jonathan Goodman on 06/14/2014. (JG)
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Filing 544
NOTICE by Patheon Inc. re #541 Order, Set/Reset Hearings (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 543
NOTICE by Procaps S.A. re #541 Order, Set/Reset Hearings (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Rosenthal, Alan)
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Filing 542
RESPONSE/REPLY to #540 Notice (Other) by Procaps S.A.. (Attachments: #1 Exhibit 1)(Rosenthal, Alan)
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Filing 541
ORDER setting Discovery Hearing for 6/19/2014 at 3:00 p.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 6/9/2014. (oim)
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Filing 540
NOTICE by Patheon Inc. Summarizing SETEC's Supplemental Findings Concerning Procaps' Unrecoverable Deleted Files (Brochin, Robert)
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Filing 539
ENDORSED ORDER cancelling #432 6/20/2014 Case Management Conference. Signed by Magistrate Judge Jonathan Goodman on 6/4/2014. (oim)
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Filing 538
ORDER granting in part #431 Plaintiff's Motion for Attorney Fees re Kroll Conflict. Signed by Magistrate Judge Jonathan Goodman on 6/2/2014. (oim)
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Filing 537
RESPONSE in Opposition re #517 Plaintiff's MOTION for Leave to File Reply in Support of Motion to Compel Better Answers to Interrogatories filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 536
Clerks Notice of Docket Correction re 529 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, 531 Clerks Notice of Docket Correction and Instruction to Filer - Attorney,. Correction Notice of Correction was sent out in error please disregard (tp)
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Filing 531
Clerks Notice to Filer re #519 Notice (Other), #520 Notice (Other), #521 Notice (Other), #522 Notice (Other), #523 Notice (Other). Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (tpl)
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Filing 529
Clerks Notice to Filer re #516 Notice (Other),,. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (tpl)
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Filing 535
MOTION for Partial Summary Judgment on Counts I, III, and IV by Procaps S.A.. (see DE #523 for image) Responses due by 6/9/2014 (tpl)
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Filing 534
REPLY to Brief in Support of its Motion for Summary Judgment filed by Procaps S.A.. (see DE #522 for image) (tpl)
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Filing 533
Statement of: Undisputed Facts in Support of Motion foe Partial Summary Judgment on Counts I, III, and IV by Procaps S.A. (see DE #521 for image) (tpl)
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Filing 532
RESPONSE in Opposition Patheon's MOTION for Summary Judgment filed by Procaps S.A.. (see DE #520 for image) (tpl)
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Filing 530
RESPONSE to Patheon's Statement of Undisputed Facts in Support of Its Motion for Summary Judgment by Procaps S.A.. (see DE #519 for image (tpl)
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Filing 528
Statement of Undisputed Facts by Procaps S.A. (see DE #516 for image) (tpl)
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Filing 527
APPENDIX to Motion for Partial Summary Judgment by Procaps S.A. (see DE #516 for image) (tpl)
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Filing 526
NOTICE by Procaps S.A. Pursuant to Paragraph 9 of the Second Amended Order on Forensic Analysis [DE 493] (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Rosenthal, Alan)
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Filing 525
NOTICE by Patheon Inc. Summarizing Setec's Findings Concerning Procaps' Unrecoverable Deleted Files (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 524
ENDORSED ORDER concerning Procaps' Motion for Leave to File Reply in Support of Motion to Compel Better Answers to Interrogatories [ECF No. 517]. In the immortal words of now-deceased disco queen Donna Summer, "enough is enough is enough." Patheon may, if it wishes, file a two-page response to the motion by May 28, 2014. No reply is permitted. No sur-reply is permitted. No motion for leave to file reply is permitted. No motion for leave to clarify the record or submit additional arguments is permitted. No motion to submit supplemental authority is permitted. Any further filings (other than an optional two-page response, as noted above) concerning the underlying motion to compel better answers to interrogatories (or any issue related to it) will be stricken and fees will be awarded against the filer and its counsel. Life is just too short to permit this never-ending discovery battle to drag on any further. The Undersigned has other cases and simply cannot continue to devote an inordinate amount of time to this case. That would be unfair to other litigants in other cases. This case is the most active case on the Undersigned's docket (by far) -- and the parties should going forward think long and hard before choosing to file another motion (or memorandum or notice or, quite frankly, any submission) on any issue. Signed by Magistrate Judge Jonathan Goodman on 05/23/2014. (JG)
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Filing 523
NOTICE by Procaps S.A. of Filing Procaps' Motion for Summary Judgment on Counts I, III and IV, Originally Filed Under Seal (Attachments: #1 Exhibit - Procaps' Motion for Partial Summary Judgment on Counts I, III and IV)(Coutroulis, Chris) Modified to add missing event DE 535 Motion for Partial Summary Judgment on 5/27/2014 (tpl).
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Filing 522
NOTICE by Procaps S.A. of Filing Procaps' Reply Brief in Support of its Motion for Summary Judgment, Originally Filed Under Seal (Attachments: #1 Exhibit - Procaps' Reply Brief in Support of Motion for Partial Summary Judgment)(Coutroulis, Chris) Modified to add missing event DE 534 Reply in Support of Motion on 5/27/2014 (tpl).
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Filing 521
NOTICE by Procaps S.A. of Filing Procaps' Statement of Undisputed Facts in Support of its Motion for Partial Summary Judgment on Counts I, III and IV, Originally Filed Under Seal (Attachments: #1 Exhibit - Procaps' Statement of Undisputed Facts in Support of Motion for Partial Summary Judgment on Counts I, III and IV)(Coutroulis, Chris) Modified to add missing event DE 533 Statement of Undisputed Facts on 5/27/2014 (tpl).
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Filing 520
NOTICE by Procaps S.A. of Filing Procaps' Memorandum in Opposition to Patheon's Motion for Summary Judgment, Origianally Filed Under Seal (Attachments: #1 Exhibit - Procaps' Memorandum in Opposition to Patheon's Motion for Summary Judgment)(Coutroulis, Chris) Modified to add missing event DE 532 Response in Opposition to Motion on 5/27/2014 (tpl).
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Filing 519
NOTICE by Procaps S.A. of Filing Procaps' Response to Patheon's Statement of Undisputed Facts in Support of its Motion for Summary Judgment, Originally Filed Under Seal (Attachments: #1 Exhibit - Procaps' Response to Patheon's Statement of Undisputed Facts in Support of its Motion for Summary Judgment)(Coutroulis, Chris) Modified to add missing event 530 Response to Statement of Undisputed Facts on 5/27/2014 (tpl).
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Filing 518
NOTICE by Procaps S.A. of Filing the Combined Appendix to Procaps' Memorandum in Opposition to Patheon's Motion for Summary Judgment and Procaps' Response to Patheon's Statement of Undisputed Facts; Exhibits Originally Filed Under Seal (Attachments: #1 Exhibit Index, #2 Exhibit Tab A, #3 Exhibit Tab B, #4 Exhibit Tab C, #5 Exhibit Tab D, #6 Exhibit Tab E, #7 Exhibit Tab F, #8 Exhibit Tab G, #9 Exhibit Tab H, #10 Exhibit Tab I, #11 Exhibit Tab J, #12 Exhibit Tab K, #13 Exhibit Tab L - to remain under seal, #14 Exhibit Tab M, #15 Exhibit Tab N, #16 Exhibit Tab O, #17 Exhibit Tab P, #18 Exhibit Tab Q, #19 Exhibit Tab R - to remain under seal, #20 Exhibit Tab S - to remain under seal, #21 Exhibit Tab T - to remain under seal, #22 Exhibit Tab U, #23 Exhibit Tab V, #24 Exhibit Tab W)(Coutroulis, Chris)
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Filing 517
Plaintiff's MOTION for Leave to File Reply in Support of Motion to Compel Better Answers to Interrogatories by Procaps S.A.. (Attachments: #1 Exhibit Exhibit A to Motion -- Corresponence, #2 Exhibit Exhibit B to Motion -- Reply in Support of Motion to Compel Better Answers to Interrogatories, #3 Exhibit Exhibit 1 to Reply -- Procaps Fifth Set of Interrogatories, #4 Exhibit Exhibit 2 to Reply -- Excerpts of transcripts of Peter Bigelow deposition)(Carlos, Natalie)
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Filing 516
NOTICE by Procaps S.A. of Filing the Combined Appendix to Procaps' Motion for Partial Summary Judgment and Procaps' Statement of Undisputed Facts; Exhibits Originally Filed Under Seal (Attachments: #1 Exhibit Combined Appendix to Procaps' Motion for Partial Summary Judgment and Procaps' Statement of Undisputed Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q)(Coutroulis, Chris) Modified to add missing events 527 Appendiz and 528 Statement of Undisputed Facts on 5/27/2014 (tpl).
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Filing 515
RESPONSE to Motion re #509 Plaintiff's MOTION for Leave to File Supplement Summary Judgment Record filed by Patheon Inc.. Replies due by 6/2/2014. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 514
NOTICE by Patheon Inc. of Filing Summary Judgment Opposition and Exhibits (Attachments: #1 Patheon's Opposition to Procaps MSJ (Redacted), #2 Exhibit 109, #3 Exhibit 110, #4 Exhibit 111, #5 Exhibit 112, #6 Exhibit 113, #7 Exhibit 114, #8 Exhibit 115, #9 Exhibit 117, #10 Exhibit 118, #11 Exhibit 119, #12 Exhibit 120, #13 Exhibit 121, #14 Exhibit 122, #15 Exhibit 123, #16 Exhibit 124, #17 Exhibit 126, #18 Exhibit 127, #19 Exhibit 128, #20 Exhibit 130, #21 Exhibit 133, #22 Exhibit 134, #23 Exhibit 135, #24 Exhibit 136, #25 Exhibit 137, #26 Exhibit 138, #27 Exhibit 139, #28 Exhibit 140, #29 Exhibit 141, #30 Exhibit 143, #31 Exhibit 144, #32 Exhibit 145, #33 Exhibit 146, #34 Exhibit 147, #35 Exhibit 148, #36 Exhibit 149, #37 Exhibit 150, #38 Exhibit 151, #39 Exhibit 152)(Brochin, Robert)
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Filing 513
NOTICE by Patheon Inc. of Filing Summary Judgment Motion Exhibits (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 5, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20, #11 Exhibit 21, #12 Exhibit 23, #13 Exhibit 28, #14 Exhibit 31, #15 Exhibit 32, #16 Exhibit 33, #17 Exhibit 34, #18 Exhibit 35, #19 Exhibit 36, #20 Exhibit 37, #21 Exhibit 38, #22 Exhibit 40, #23 Exhibit 41, #24 Exhibit 42, #25 Exhibit 75, #26 Exhibit 76, #27 Exhibit 77, #28 Exhibit 78, #29 Exhibit 79, #30 Exhibit 80, #31 Exhibit 81, #32 Exhibit 82, #33 Exhibit 84, #34 Exhibit 85, #35 Exhibit 92, #36 Exhibit 93, #37 Exhibit 94, #38 Exhibit 95, #39 Exhibit 96, #40 Exhibit 97, #41 Exhibit 99, #42 Exhibit 100, #43 Exhibit 101, #44 Exhibit 102, #45 Exhibit 103, #46 Exhibit 104, #47 Exhibit 105, #48 Exhibit 106, #49 Exhibit 107)(Brochin, Robert)
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Filing 512
RESPONSE in Opposition re #499 Corrected MOTION to Compel Better Answers to ESI Interrogatories filed by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 511
ENDORSED ORDER. Patheon shall file a response of no more than 3 pages to #509 Plaintiff's MOTION for Leave to File Supplement Summary Judgment Record by 5/23/2014. No reply is permitted. Signed by Magistrate Judge Jonathan Goodman on 5/20/2014. (oim)
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Filing 510
NOTICE by Procaps S.A. re #509 Plaintiff's MOTION for Leave to File Supplement Summary Judgment Record (Attachments: #1 Exhibit Exhibit 4 to Procaps' Motion for Leave to)(Carlos, Natalie)
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Filing 509
Plaintiff's MOTION for Leave to File Supplement Summary Judgment Record by Procaps S.A.. (Attachments: #1 Exhibit Appendix Tab X: Excerpts of deposition of Alvaro Franco, #2 Exhibit Appendix Tab Y: Excerpts of deposition of Carlos Salazar, #3 Exhibit Appendix Tab Z: Excerpts of deposition of Diego Monterroza)(Carlos, Natalie)
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Filing 508
NOTICE by Procaps S.A. of Filing Proposed Order on Patheon's Motion for Summary Judgment (Attachments: #1 Text of Proposed Order on Patheon's Motion for Summary Judgment)(Coutroulis, Chris)
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Filing 507
NOTICE by Patheon Inc. Proposed Order Granting Patheon's Motion for Summary Judgment and Denying Procaps S.A.'s Motion for Partial Summary Judgment (Brochin, Robert)
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Filing 506
NOTICE by Procaps S.A. of Filing Proposed Order on Procaps' Motion for Partial Summary Judgment (Attachments: #1 Text of Proposed Order on Procaps' Motion for Partial Summary Judgment)(Coutroulis, Chris)
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Filing 505
ORDER On Sealing and Unsealing Summary Judgment Materials. The Clerk is Directed to Unseal the Following: 331 , 332 , 333 , [333-1], [333-5], [333-6], 438 , [438-1], [438-2], [438-3], [438-4], [438-5], 395 , 396 , 397 , [397-1], [397-2], [397-3], [397-4], [397-5], [397-6], [397-7], [397-8], [397-9], [397-10], [397-11], [397-13], [397-15], [397-16], [397-17], [397-21], [397-22], [397-23], and 437 . The parties are directed to review the Order and to refile certain materials publicly. Signed by Magistrate Judge Jonathan Goodman on 5/16/2014. (oim)
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Filing 504
NOTICE of Change of Address by Robert Mark Brochin (tpl)
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Filing 503
ENDORSED ORDER on so-called "supplemental authorities." In the past few days, both parties have submitted what they deem to be "supplemental authority" concerning the cross-motions for summary judgment. But with the exception of one case cited by Patheon, none of the authorities are new and all were available at the time of the summary judgment briefing. The parties are directed to refrain from filing any additional supplemental authority notices absent prior, specific approval from the Court. Signed by Magistrate Judge Jonathan Goodman on 5/13/2014. (JG)
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Filing 502
Notice of Supplemental Authority by Patheon Inc. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Brochin, Robert)
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Filing 501
ENDORSED ORDER re #499 Corrected MOTION to Compel Better Answers to ESI Interrogatories filed by Procaps S.A. Patheon shall file a double-spaced response of no more than five pages (excluding signature block and certificate of service) by May 21, 2014. No reply is permitted absent specific court order. Signed by Magistrate Judge Jonathan Goodman on 5/10/2014. (JG)
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Filing 500
ENDORSED ORDER denying as moot #498 Plaintiff's Motion to Compel. Plaintiff later filed a corrected version of the motion, thereby rendering this motion moot. Signed by Magistrate Judge Jonathan Goodman on 5/10/2014. (JG)
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Filing 499
Corrected MOTION to Compel Better Answers to ESI Interrogatories by Procaps S.A.. Responses due by 5/27/2014 (Attachments: #1 Exhibit Patheon's Responses and Objections to Procaps' ESI Interrogatories, #2 Exhibit Pre-filing correspondence, #3 Exhibit Pre-filing correspondence, #4 Exhibit Patheon's Verification, #5 Exhibit Pre-filing correspondence)(Carlos, Natalie)
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Filing 498
Plaintiff's MOTION to Compel Better Answers to ESI Interrogatories by Procaps S.A.. Responses due by 5/27/2014 (Attachments: #1 Exhibit Patheon's Answers to Procaps' ESI Interrogatories, #2 Exhibit Pre-filing conference correspondence, #3 Exhibit Pre-filing conference correspondence, #4 Exhibit Verification, #5 Exhibit Pre-filing conference correspondence)(Carlos, Natalie)
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Filing 497
NOTICE by Procaps S.A. of Filing Supplemental Antitrust Authorities (Attachments: #1 Exhibit Deborah Heart v. Penn Presb., #2 Exhibit Eskofot v. E.I. DuPont, #3 Exhibit Fineman v. Armstrong, #4 Exhibit Helicopter v. Hughes, #5 Exhibit United States v. United States Gypsum, #6 Exhibit Bascom v. Reese, #7 Exhibit United States v. Jerrold, #8 Exhibit Wager v. Pro)(Coutroulis, Chris)
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Filing 496
TRANSCRIPT of Telephonic Status Conference held on May 2, 2014, before Magistrate Judge Jonathan Goodman, 1-57 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 10:01:42.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2014. Redacted Transcript Deadline set for 6/12/2014. Release of Transcript Restriction set for 8/8/2014. (le)
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Filing 495
ENDORSED ORDER Regarding 471 and 488 Proposed Summary Judgment Orders. For purposes of the Court's review of the proposed orders, the parties shall also include fact citations to the record in their proposed orders. Signed by Magistrate Judge Jonathan Goodman on 5/7/2014. (oim)
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Filing 494
ENDORSED ORDER Regarding Plaintiff's Counsel's Electronic Equipment At Summary Judgment Hearing. The Court's staff has been unsuccessful in coordinating the pick up of this electronic equipment with Plaintiff's counsel's staff. For security purposes, the electronic equipment will be turned over to the U.S. Marshal's office if it is not picked up by tomorrow afternoon. Signed by Magistrate Judge Jonathan Goodman on 5/6/2014. (oim)
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Filing 493
Second Amended Forensic Analysis Order and Order on #480 Procaps' Motion for limited relief. Signed by Magistrate Judge Jonathan Goodman on 5/5/2014. (oim)
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Filing 492
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Status Conference re: DE #384 held on 5/2/2014. (Digital 10:01:42.) (mso)
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Filing 491
ENDORSED ORDER (Supplemental) Concerning the May 2, 2014 telephone hearing. One more thing: If it has not yet already done so, Procaps' counsel shall send Setec copies of the Motion for Limited Relief Regarding Amended Order on Forensic Analysis [ECF No. 480] and Patheon's opposition response [ECF No. 489]. That way, the Setec representative will know before the hearing the issues to be discussed. Signed by Magistrate Judge Jonathan Goodman on 5/1/2014. (JG)
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Filing 490
ENDORSED ORDER. A representative from the ESI search vendor who is familiar with the forensic analysis and the specific matters in Procaps' latest #480 motion must also participate in 486 the 5/2/2014 hearing. Counsel shall provide the ESI search vendor with a copy of this Endorsed Order. The Court apologizes for the late notice. Signed by Magistrate Judge Jonathan Goodman on 5/1/2014. (oim)
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Filing 489
RESPONSE in Opposition re #480 Plaintiff's MOTION for Limited Relief Regarding Amended Order on Forensic Analysis re #432 Amended Order,, Order Setting Status Conference, Set/Reset Hearings, Terminate Motions, Terminate Deadlines,,,,,, filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert)
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Filing 488
ENDORSED POST-HEARING, POST-MEDIATION ORDER concerning proposed orders on competing summary judgment motions. The Undersigned recently held an all-day hearing on Patheon's summary judgment motion and Procaps' partial summary judgment motion and recently learned that the parties reached an impasse at the mediation. Therefore, given that the case did not settle, the parties will be submitting proposed orders on the pending summary judgment motions. The briefing on the summary judgment motions and the oral argument at the hearing did not include much discussion about Counts IV and V -- the FDUPTA claim and the common law competition claim. Therefore, in their proposed orders, the parties shall include a comprehensive, substantive and sufficient analysis of those two claims, along with the obviously expected assessment of the antitrust claim (which monopolized the pre-hearing briefing and the hearing). The parties are free to discuss these two counts in whatever way they choose in the proposed orders, but the analysis should at least include the following: (1) given the allegations in paragraphs 103 through 108 of the Complaint, does the FDUPTA count include any conduct other than the agreement to allocate customers or territories in the Collaboration Agreement, and, if so, what other theories are covered by the FDUPTA claim and what allegations in the Complaint support them? (2) given the allegations in paragraphs 109 through 114, does the common law unfair competition count include any conduct other than "gaining access to Procaps' intellectual property and information..." and customer confusion, and, if so, what other alleged conduct constitutes the alleged unfair competition and what allegations in the Complaint support that theory? (3) is Procaps still proceeding on a "customer confusion" theory, and, if so, what facts to support it are in the summary judgment record? (4) is gaining access to intellectual property and proprietary business information sufficient by itself to establish a claim under Florida's common law of unfair competition? (5) given that Mr. Glass reviewed Procaps' intellectual property as part of the Collaboration Agreement and given that he is now head of the Banner division of Patheon and given the keen competition between Procaps and Banner, is his knowledge (which presumably cannot be magically purged from his brain) sufficient to demonstrate an unfair competition claim or is some further proof necessary? and (6) if further proof is required, has Procaps provided it? Signed by Magistrate Judge Jonathan Goodman on 4/30/2014. (JG)
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Filing 487
TRANSCRIPT of Hearing on Motions for Summary Judgment held on April 24, 2014, before Magistrate Judge Jonathan Goodman, 1-290 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 8:34:26.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2014. Redacted Transcript Deadline set for 6/2/2014. Release of Transcript Restriction set for 7/31/2014. (le)
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Filing 486
ENDORSED ORDER. Patheon shall file a response of no more than 3 pages, excluding certificate of service and signature page, to #480 Plaintiff's MOTION for Limited Relief Regarding Amended Order on Forensic Analysis by 5/1/2014 at 5:00 p.m. No reply is permitted. The Court will hear oral argument regarding the motion at the #384 scheduled 5/2/2014 10:00 a.m. telephonic conference. Signed by Magistrate Judge Jonathan Goodman on 4/28/2014. (oim)
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Filing 485
REPORT REGARDING Mediation by Michael Nachwalter (Nachwalter, Michael)
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Filing 484
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 4/24/2014 re 334 MOTION for Partial Summary Judgment on Counts I, III and IV Filed by Procaps S.A., 332 MOTION for Summary Judgment by Patheon Inc. Written Order to be issued. Parties: Chris Coutroulis, Donald Schmidt, Natalie Carlos, Charles Throckmorton, D. Matthew Allen, Alan Rosenthal, attorney's for Plaintiff. Also with Plaintiff was Ruben Minski, Alvaro Franco and Alain Cortesi. Dee Bansal, Marc Schildkraut, Michael Klisch, Robert Brochin, attorneys for Defendant. Also with Defendat was their client Jeoff Glass.(Digital 8:34:56.) (mso)
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Filing 483
SECOND ORDER on #337 Procaps' Motion to Compel. Signed by Magistrate Judge Jonathan Goodman on 4/23/2014. (oim)
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Filing 482
ORDER granting #479 Patheon's Unopposed Motion for Non-Participant Lawyers to Listen by Telephone to 4/24/2014 Summary Judgment Hearing. Signed by Magistrate Judge Jonathan Goodman on 4/22/2014. (oim)
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Filing 481
ENDORSED ORDER. As this case is no longer on the trial calendar, the #299 status conference for 4/23/2014 at 5:30 p.m. is hereby cancelled. Signed by Magistrate Judge Jonathan Goodman on 4/22/2014. (oim)
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Filing 480
Plaintiff's MOTION for Limited Relief Regarding Amended Order on Forensic Analysis re #432 Amended Order,, Order Setting Status Conference, Set/Reset Hearings, Terminate Motions, Terminate Deadlines,,,,,, by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit Declarations of Ruben Minski and Alain Cortesi)(Carlos, Natalie)
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Filing 479
Unopposed MOTION to Allow Non-Participant Lawyers to Attend Summary Judgment Hearing by Telephone by Patheon Inc.. (Brochin, Robert)
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Filing 478
NOTICE by Procaps S.A. re #468 MOTION to Seal, 470 Order,,,,,,,,,, Procaps' Notice of Position on Defendant's Motion to File Under Seal [DE 468-469] (Rosenthal, Alan)
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Filing 477
TRANSCRIPT of Telephonic Motion Hearing held on April 15, 2014, before Magistrate Judge Jonathan Goodman, 1-86 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2014. Redacted Transcript Deadline set for 5/22/2014. Release of Transcript Restriction set for 7/21/2014. (le)
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Filing 476
TRANSCRIPT of Telephonic Motion Hearing held on April 14, 2014, before Magistrate Judge Jonathan Goodman, 1-28 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 11:16:42.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2014. Redacted Transcript Deadline set for 5/22/2014. Release of Transcript Restriction set for 7/21/2014. (le)
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Filing 475
TRANSCRIPT of Telephonic Status Conference held on February 12, 2014, before Magistrate Judge Jonathan Goodman, 1-29 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 12:00:01.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2014. Redacted Transcript Deadline set for 5/22/2014. Release of Transcript Restriction set for 7/21/2014. (le)
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Filing 474
TRANSCRIPT of Emergency Telephone Conference held on November 4, 2013, before Magistrate Judge Jonathan Goodman, 1-9 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 10:34:20.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2014. Redacted Transcript Deadline set for 5/22/2014. Release of Transcript Restriction set for 7/21/2014. (le)
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Filing 473
ENDORSED ORDER on upcoming summary judgment hearing. The parties are, of course, free to bring as many attorneys as they like to the hearing. However, only one attorney per side may argue a specific issue. Thus, it is possible that several attorneys may argue at the hearing, provided that there is no duplication on any specific issue. By way of example, one attorney may advocate against Patheon's argument that there is no concerted action for a Section 1 per se antitrust claim. That same attorney, or another attorney, may advocate against Patheon's (different) argument that Procaps has no antitrust injury. But those two attorneys may not both advocate against the concerted action theory or the antitrust injury point. The hearing is not designed to be a forum for counsel to merely read or summarize their briefs. Counsel should be prepared to add gloss to the arguments in their motions and memoranda and should also be prepared to answer questions. The Court understands that the parties have collectively cited a large volume of cases, and it is unrealistic to expect counsel to be familiar with every case and every holding and every fact pattern. Nonetheless, counsel should be prepared to argue the major cases cited for the issue they are arguing. Turning to the logistics of the hearing, the parties and their attorneys are free to bring into the courtroom laptop computers, projectors, screens, televisions, monitors, "Elmos," and other, similar equipment. This Order may be shown to the deputy marshals or courtroom security officers as the necessary authority for bringing the equipment into the building and into the courtroom. Signed by Magistrate Judge Jonathan Goodman on 4/17/2014. (JG)
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Filing 472
ORDER denying as premature #443 Motion to Compel; granting in part and denying in part #454 Motion for Clarification. Signed by Magistrate Judge Jonathan Goodman on 4/16/2014. (oim)
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Filing 471
ENDORSED ORDER regarding summary judgment motions. If the case does not settle at the upcoming mediation, then the parties shall each by May 19, 2014 submit two proposed orders -- one addressing Patheon's summary judgment motion and one addressing Procaps' motion for partial summary judgment. Each proposed order shall be double-spaced and shall not exceed 35 pages, excluding the signature block, certificate of service, table of contents and table of authorities. In addition, each party shall also by May 19, 2014 submit courtesy copies of the two proposed orders in "Word" format to the Undersigned's efile inbox. Signed by Magistrate Judge Jonathan Goodman on 4/16/2014. (JG)
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Filing 470
ENDORSED ORDER concerning Defendant Patheon's motion to file under seal (and its supporting memorandum, ECF Nos. 468 and 469). Patheon seeks leave to file under seal Exhibit 1 to its April 11, 2014 Opposition to Plaintiff Procaps' Motion for Clarification. Basically, the Protective Order requires Patheon to seek leave to file the exhibit under seal because the exhibit at issue contains and quotes extensively from several documents which Procaps produced and designated as "Confidential," including reports of interviews with Procaps' information technology director by a vendor conducting a forensic analysis of Procaps' computer systems. Because Patheon says that Procaps refuses to consent to a public filing of the exhibit, Patheon had no choice but to ask the Court for leave to file it under seal. The Undersigned has reviewed the exhibit. To be sure, it does quote from memoranda about interviews with Procaps' IT director and discusses the infrastructure of Procaps' IT systems. But the discussion does not appear to be significantly different than similar discussions of IT systems and electronically stored information (ESI) in published cases involving discovery snafus about ESI. The Undersigned is not convinced that the exhibit needs to be filed under seal. Nevertheless, the Undersigned is willing to give Procaps an opportunity to advocate for an order permitting the exhibit to be filed under seal. Alternatively, Procaps can advise the Court (in a succinct, one-sentence filing) that it no longer demands that the exhibit be filed under seal. If Procaps is still maintaining its position that the exhibit is so confidential and proprietary that under-seal treatment is the only workable alternative, then it may file a double-spaced memorandum of no more than 4 pages by April 21, 2014. If it chooses to submit a memorandum (as opposed to the to-the-point notice that it no longer is urging the under-seal-only view), then it should discuss and distinguish the myriad cases in which public orders and published opinions provide significant detail about a party's IT systems and ESI protocols. Obviously, Procaps cannot provide a case-by-case distinction of all published cases, especially not in four pages. But it will need to discuss, in general, the themes and concepts inherent in the published cases and explain why the information publicly discussed in those published orders is somehow different from, and not as confidential as, the purportedly confidential information discussed in Exhibit 1. No reponse or reply is permitted. Signed by Magistrate Judge Jonathan Goodman on 4/16/2014. (JG)
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Filing 467
ORDER denying #450 Motion to Compel. Signed by Magistrate Judge Jonathan Goodman on 4/15/2014. (oim)
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Filing 466
Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 4/15/2014 re #454 Plaintiff's MOTION for clarification #432 Amended Order, Order Setting Status Conference, Set/Reset Hearings, Terminate Motions, Terminate Deadlines, filed by Procaps S.A., #443 Defendant's MOTION to Compel a Procedure to Refine Search Terms filed by Patheon Inc. Appearances by Mac McCoy, Natalie Carlos and Alan Rosenthal for plaintiff, Joshua Siegel, MIchael Klisch and Robert Cahill for defendant, and Todd Stefan and Robert Pallisch for C-Tech. (Digital 10:01:46.) (ch1)
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SYSTEM ENTRY - Docket Entry 469 [misc] restricted/sealed until further notice. (nc)
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Filing 465
Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Motion Hearing held on 4/14/2014 re #450 Defendant's MOTION to Compel the deposition of non-party Peter Bigelow to Occur on April 18, 2014 filed by Patheon Inc. Order to follow. Appearances by Alan Rosenthal and Natalie Carlos for the plaintiff and Michael Klisch for the defendant. (Digital 11:16:42.) (ch1)
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Filing 464
ENDORSED ORDER. The Court will hear oral argument on #454 Procaps' Motion for Clarification at the already set 447 telephonic hearing on 4/15/2014 at 10:00 a.m. Signed by Magistrate Judge Jonathan Goodman on 4/14/2014. (oim)
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Filing 468
MOTION to File Under Seal by Patheon Inc. (nc)
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Filing 463
REPLY to Response to Motion re #431 Plaintiff's MOTION for Attorney Fees (Renewed) Relating to Kroll Conflict filed by Procaps S.A.. (Attachments: #1 Declaration of Chris S. Coutroulis)(Carlos, Natalie)
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Filing 462
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert)
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Filing 461
RESPONSE in Opposition re #454 Plaintiff's MOTION for clarification #432 Amended Order,, Order Setting Status Conference, Set/Reset Hearings, Terminate Motions, Terminate Deadlines,,,,,, filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Brochin, Robert)
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Filing 460
NOTICE by Procaps S.A. re #454 Plaintiff's MOTION for clarification #432 Amended Order,, Order Setting Status Conference, Set/Reset Hearings, Terminate Motions, Terminate Deadlines,,,,,, OF FILING EXHIBITS RE: ADDITIONAL GOOD FAITH CONFERENCES (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Carlos, Natalie)
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Filing 459
RESPONSE in Opposition re #450 Defendant's MOTION to Compel the deposition of non-party Peter Bigelow to Occur on April 18, 2014 filed by Procaps S.A.. (Carlos, Natalie)
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Filing 458
NOTICE of Compliance by Patheon Inc. re #440 Order on Motion to Compel (Brochin, Robert)
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Filing 457
RESPONSE in Opposition re #443 Defendant's MOTION to Compel a Procedure to Refine Search Terms filed by Procaps S.A.. (Attachments: #1 Exhibit)(Carlos, Natalie)
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Filing 456
ENDORSED ORDER. Patheon shall file a response of no more than 5 pages to Procaps' #454 MOTION for clarification of the #432 Amended Order by 4/11/2014. No reply is permitted. After reviewing the parties' briefing, the Court will enter a separate order regarding whether it will hear oral argument on this motion during one of the upcoming 447 and 451 telephonic hearings. Signed by Magistrate Judge Jonathan Goodman on 4/5/2014. (oim)
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Filing 455
NOTICE of Compliance by Procaps S.A. re #414 Order, Set Motion and R&R Deadlines/Hearings, Set/Reset Deadlines,,, (Throckmorton, Charles)
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Filing 454
Plaintiff's MOTION for clarification #432 Amended Order,, Order Setting Status Conference, Set/Reset Hearings, Terminate Motions, Terminate Deadlines,,,,,, by Procaps S.A.. Responses due by 4/21/2014 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Carlos, Natalie)
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Filing 453
NOTICE by Patheon Inc. re #414 Order, Set Motion and R&R Deadlines/Hearings, Set/Reset Deadlines,,, of Compliance re Summary Judgment Materials (Brochin, Robert)
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Filing 452
NOTICE by Patheon Inc. of Filing of Email (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 451
ENDORSED ORDER. Procaps shall file a response of no more than 3 pages to #450 Patheon's MOTION to Compel the deposition of Peter Bigelow to Occur on April 18, 2014 by 4/10/2014. No further briefing is permitted. A telephonic hearing on the motion is set for 4/14/2014 at 11:15 a.m. Patheon shall circulate a call-in number to all counsel and the Court by 4/11/2014. Signed by Magistrate Judge Jonathan Goodman on 4/3/2014. (oim)
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Filing 450
Defendant's MOTION to Compel the deposition of non-party Peter Bigelow to Occur on April 18, 2014 by Patheon Inc.. Responses due by 4/21/2014 (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 449
NOTICE by Procaps S.A. re #323 Order on Motion for Miscellaneous Relief to the Court Concerning Plaintiff's and Defendant's Summary Judgment Reply Materials That May Be Unsealed (Coutroulis, Chris)
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Filing 448
RESPONSE in Opposition re #431 Plaintiff's MOTION for Attorney Fees (Renewed) Relating to Kroll Conflict filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 447
ENDORSED ORDER. Procaps shall file a response of no more than 5 pages to #443 Patheon's Motion to Compel a Procedure to Refine Search Terms by 4/7/2014. No reply is permitted. A telephonic hearing on the Motion is set for 4/15/2014 at 10:00 a.m. before Magistrate Judge Jonathan Goodman. Patheon shall circulate a call-in number to the Court and all counsel by 4/14/2014. A representative from the ESI search vendor who is familiar with the ESI project and the specific matters in dispute must also participate in the hearing. Prior to the hearing, each party shall designate an attorney with expertise in ESI issues as its primary advocate at the hearing. The ESI vendor representative and each party's ESI attorney must have their own conference call before the hearing in an effort to resolve or minimize the dispute. Signed by Magistrate Judge Jonathan Goodman on 4/1/2014. (oim)
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Filing 446
ENDORSED ORDER concerning Procaps' Response [ECF No. 445] to Order to Show Cause [ECF No. 442]. The late submission of the affidavit confirming payment of the fee-shifting award is excused and no sanctions will be awarded. Nevertheless, the Court notes that the response mentions that the affidavit was filed (only) one day late. While technically correct, this background does not explain that (1) the affidavit was filed one day late, as opposed to several days late or not at all, after the Undersigned issued a show cause order and flagged the non-compliance, and (2) this is the second tardy submission of a Court-ordered affidavit on the same type of issue in just a few weeks. The Undersigned accepts at face value the representation that the non-compliance was an unintentional oversight in a complex case imposing significant demands on all. Signed by Magistrate Judge Jonathan Goodman on 4/1/2014. (JG)
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Filing 445
RESPONSE TO ORDER TO SHOW CAUSE re #442 Order to Show Cause by Procaps S.A.. (Carlos, Natalie)
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Filing 444
MEMORANDUM in Support re #443 Defendant's MOTION to Compel a Procedure to Refine Search Terms by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Brochin, Robert)
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Filing 443
Defendant's MOTION to Compel a Procedure to Refine Search Terms by Patheon Inc.. Responses due by 4/17/2014 (Brochin, Robert)
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Filing 442
ORDER TO SHOW CAUSE. Show Cause Response due by 4/1/2014. Signed by Magistrate Judge Jonathan Goodman on 3/28/2014. (oim)
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Filing 441
NOTICE of Compliance by Procaps S.A. re #432 Amended Order,, Order Setting Status Conference, Set/Reset Hearings, Terminate Motions, Terminate Deadlines,,,,,, (Attachments: #1 Exhibit 1 - Declaration of Ruben Minski, #2 Exhibit 2 - Declaration of Alvaro Franco, #3 Exhibit 3 - Declaration of Alain Cortesi, #4 Exhibit 4 - Declaration of Theodore Green, #5 Exhibit Declaration of Jorge Ochoa, #6 Exhibit 6 - Declaration of Yissel Linero Pineda, #7 Exhibit 7 - Declaration of Diana Correa)(Rosenthal, Alan)
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Filing 440
ORDER deferring ruling on #337 Procaps' Motion to Compel. As set out in the Order, Patheon shall submit additional documents under seal and for in camera review by 4/9/2014. Signed by Magistrate Judge Jonathan Goodman on 3/28/2014. (oim)
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Filing 439
NOTICE by Patheon Inc. of Filing of Motion and Opposition in the United States District Court for the District of New Jersey (Attachments: #1 Exhibit A, #2 Exhibit B)(Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 437 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 438 [misc] restricted/sealed until further notice. (nc)
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Filing 436
NOTICE by Procaps S.A. re #323 Order on Motion for Miscellaneous Relief of Filing Summary Judgment Documents Under Seal (Carlos, Natalie)
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Filing 435
NOTICE by Patheon Inc. of Filing Material to Be Filed Under Seal (Brochin, Robert)
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Filing 434
ENDORSED ORDER concerning Patheon's response to Procaps' renewed motion for attorney's fees [ECF No. 431]. In the motion, Procaps notes that the work which Kroll was performing was for Banner, not merely an "unrelated, separately staffed matter." In addition, the motion challenges a representation by Patheon's counsel that he had never heard of Kroll (when it later turned out that Patheon's law firm in this case had represented Kroll's parent company, Altegrity, Inc., since 2009). Given this history, Patheon shall file an affidavit with its response to Procaps' motion. The affidavit shall state exactly when and how Patheon or its law firm in this case first learned about Kroll's work for Banner and when it first knew of the Cooley law firm's representation of Altegrity, Inc. In addition, the response shall also attach as exhibits all emails and other communications between Procaps, Patheon, Kroll and their attorneys about the conflicts and purported conflicts. This directive does not require the submission of privileged information -- only communications between the named persons. Signed by Magistrate Judge Jonathan Goodman on 3/26/2014. (JG)
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Filing 433
ORDER granting in part and denying in part #350 Motion to Compel; granting in part and denying in part #340 Motion to Compel. Signed by Magistrate Judge Jonathan Goodman on 3/26/2014. (oim)
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Filing 432
AMENDED ORDER re #341 Order on Forensic Analysis; ORDER Setting Status Conference for 6/20/2014 at 10:00 a.m. in the Miami Division before Magistrate Judge Jonathan Goodman; ORDER granting #344 Defendant's MOTION to Continue. Motions terminated: #344 Defendant's MOTION to Continue. Signed by Magistrate Judge Jonathan Goodman on 3/25/2014. (oim)
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Filing 431
Plaintiff's MOTION for Attorney Fees (Renewed) Relating to Kroll Conflict by Procaps S.A.. Responses due by 4/11/2014 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit Declaration of Alan Rosenthal)(Carlos, Natalie)
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Filing 430
ORDER denying #373 Procaps' Motion to Compel. Signed by Magistrate Judge Jonathan Goodman on 3/25/2014. (oim)
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Filing 429
TRANSCRIPT of Telephonic Conference held on March 24, 2014, before Magistrate Judge Jonathan Goodman, 1-87 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 09:58.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/18/2014. Redacted Transcript Deadline set for 4/28/2014. Release of Transcript Restriction set for 6/26/2014. (le)
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Filing 428
MEMORANDUM of Law in Support of Procaps S.A.'s Designations Regarding Continued Sealing of Materials From Procaps' Summary Judgment Opposition Filing by Procaps S.A.. (Rosenthal, Alan)
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Filing 427
MEMORANDUM in Support of Maintaining Under Seal Certain Summary Judgment Opposition Materials of the Parties by Patheon Inc.. (Brochin, Robert)
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Filing 426
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Conference held on 3/24/2014. Written Order to be issued. Parties present via telephone: Alan Rosenthal, Chris Coutroulis, Mac Richard McCoy, and Natalie Carlos, attorneys for Plaintiff. Joshua Siegel and Robert Cahill, attorneys for Defendant. Todd Stefan ( with Cetec Invest.), Jason Richard (with H5), Jeff Kangas (with H5), ESI Vendors. (Digital 09:58:51.) (mso)
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Filing 425
NOTICE by Patheon Inc. Joint Notice to the Court Concerning Plaintiff's and Defendant's Summary Judgment Opposition Materials that may be Unsealed (Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 424 [misc] restricted/sealed until further notice. (nc)
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Filing 423
ENDORSED ORDER granting #417 Procaps' Motion for Leave to File Reply. Procaps reply is deemed filed and Procaps need not refile the reply as a separate document. Signed by Magistrate Judge Jonathan Goodman on 3/20/2014. (oim)
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Filing 422
ORDER denying without prejudice #415 Procaps' Motion for Attorney's Fees. Procaps may refile its motions by 3/25/2014. Patheon's Response is due by 4/1/2014. Replies due by 4/11/2014. Signed by Magistrate Judge Jonathan Goodman on 3/20/2014. (oim)
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Filing 421
NOTICE of Compliance by Patheon Inc. re 410 Endorsed Order, Set/Reset Deadlines,,,, (Brochin, Robert)
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Filing 420
TRANSCRIPT of Telephonic Conference held on March 18, 2014, before Magistrate Judge Jonathan Goodman, 1-22 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 15:01:14.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/14/2014. Redacted Transcript Deadline set for 4/24/2014. Release of Transcript Restriction set for 6/23/2014. (le)
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Filing 419
NOTICE by Procaps S.A. re #417 Plaintiff's MOTION for Leave to File Reply in support of its Motion to Compel Patheon to Produce Documents on Privilege Log of Filing Exhibit 1 to Reply (Attachments: #1 Exhibit Exhibit 1)(Carlos, Natalie)
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Filing 418
RESPONSE to Motion re #398 Defendant's MOTION for Leave to File Sur-reply to Correct the Record Resulting form the False and Misleading Statements in Alan Rosenthal's Declaration and Procaps' Reply filed by Procaps S.A.. Replies due by 3/31/2014. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Carlos, Natalie)
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Filing 417
Plaintiff's MOTION for Leave to File Reply in support of its Motion to Compel Patheon to Produce Documents on Privilege Log by Procaps S.A.. (Attachments: #1 Exhibit A (Reply), #2 Exhibit 1 to Reply, #3 Exhibit 2 to Reply, #4 Exhibit 3 to Reply)(Carlos, Natalie)
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Filing 416
NOTICE of Compliance with Pre-Filing Conference by Procaps S.A. re #415 Plaintiff's MOTION for Attorney Fees Relating to Kroll Conflict filed by Procaps S.A. (Carlos, Natalie)
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Filing 415
Plaintiff's MOTION for Attorney Fees Relating to Kroll Conflict by Procaps S.A.. Responses due by 4/7/2014 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Carlos, Natalie)
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Filing 414
ORDER setting hearing on 334 Procaps' SEALED MOTION for Partial Summary Judgment on Counts I, III and IV and 332 Patheon's SEALED MOTION for Summary Judgment for 4/24/2014 at 8:30 a.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Courtesy copies of Summary Judgment Materials due by 4/4/2014.Signed by Magistrate Judge Jonathan Goodman on 3/19/2014. (oim)
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Filing 413
MEMORANDUM in Support of Maintaining Under Seal Plaintiff's Summary Judgment Materials by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 412
NOTICE of Position on Kroll Conflict by Procaps S.A. re #384 Order on Motion to Seal, Order on Motion for Miscellaneous Relief, Order on Motion to Continue, (Carlos, Natalie) Modified text on 3/20/2014 (tpl).
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Filing 411
MEMORANDUM of Law in Support of its Designations Regarding Continued Sealing of Materials From Procap's Summary Judgment Filing by Procaps S.A.. (Coutroulis, Chris)
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Filing 410
ENDORSED ORDER regarding #407 Patheon's Response in Opposition to #373 Procaps' Motion to Compel. By 3/21/2014, Patheon shall file under seal for the Court's in camera review the documents referenced in the two entries from the February 17, 2014 privilege log supplement. These documents are also mentioned in Mr. Lytton's declaration [407-4] and are identified as PRIV-3554 and PRIV-3555. The Clerk of the Court is directed to accept Patheon's forthcoming filing of these documents under seal and to seal these documents for five years. Signed by Magistrate Judge Jonathan Goodman on 3/19/2014. (oim)
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Filing 409
NOTICE by Procaps S.A. of Amended Joint Notice to the Court Concerning Plaintiff's Summary Judgment Materials That May be Unsealed (Coutroulis, Chris)
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Filing 408
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Conference held on 3/18/2014.(Digital 15:01:14.) (mso)
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Filing 407
RESPONSE in Opposition re #373 Plaintiff's MOTION to Compel Patheon to Produce Documents on Privilege Logs filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert)
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Filing 405
NOTICE of Compliance by Patheon Inc. re 386 Endorsed Order,, (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 404
ORDER granting #354 Patheon's Motion to Compel Search Terms. Signed by Magistrate Judge Jonathan Goodman on 3/18/2014. (oim)
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Filing 403
ENDORSED ORDER granting #398 Patheon's Motion for Leave to File. Patheon need not re-file the proposed memorandum. The Court is granting the motion and giving Procaps the opportunity to substantively respond to the allegations in the proposed sur-reply, which is now deemed filed, rather then having Procaps respond now only on the motion for leave, in order to eliminate another round of briefing. If Procaps wishes to respond to the sur-reply, then it may file its double-spaced response of no more than 3 pages (excluding the certificate of service and signature block) by March 20, 2014. Any further motions, memoranda, sur-sur replies or any other type of submission relating to the issues raised in the motion or memoranda will be stricken and fees will be awarded against the party and counsel who filed the submission. Signed by Magistrate Judge Jonathan Goodman on 3/18/2013. (JG)
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Filing 402
NOTICE by Patheon Inc. of Filing (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 406 [misc] restricted/sealed until further notice. (nc)
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Filing 401
ENDORSED ORDER setting telephonic hearing for 3/18/2014 at 3:00 p.m. regarding #400 Patheon's Notice of further Kroll conflicts. Procaps shall circulate a conference call in number to all counsel and the Court by 3/18/2014 at 12:00 p.m. Signed by Magistrate Judge Jonathan Goodman on 3/17/2014. (oim)
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Filing 400
NOTICE by Patheon Inc. (Brochin, Robert)
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Filing 399
NOTICE by Procaps S.A. to the Court Concerning Plaintiff's Summary Judgment Materials That May Be Unsealed (Coutroulis, Chris)
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Filing 398
Defendant's MOTION for Leave to File Sur-reply to Correct the Record Resulting form the False and Misleading Statements in Alan Rosenthal's Declaration and Procaps' Reply by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 395 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 396 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 397 [misc] restricted/sealed until further notice. (nc)
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Filing 394
REPLY to Response to Motion re #350 Plaintiff's MOTION to Compel Depositions or, in the Alternative, for Leave to Exceed Deposition Limits , #340 Plaintiff's MOTION to Compel Patheon to Produce an Adequately Prepared 30(b)(6) Representative filed by Procaps S.A.. (Attachments: #1 Exhibit Email canceling Zamora deposition, #2 Exhibit Stipulation, #3 Exhibit Declaration of Peter Bigelow)(Carlos, Natalie)
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Filing 393
NOTICE by Patheon Inc. re #362 Sealed Document (NOTICE OF FILING REDACTED EXHIBIT [re 362-3]) (Attachments: #1 Exhibit Redacted Exhibit 3 to ECF No. 362)(Brochin, Robert)
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Filing 392
SUA SPONTE ORDER regarding #384 Omnibus Order relating to sealing of [362-3]. As set out in this Order, Patheon shall file a redacted version of [362-3] by 3/20/2014. Signed by Magistrate Judge Jonathan Goodman on 3/14/2014. (oim)
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Filing 391
NOTICE of Compliance by Procaps S.A. re #384 Order on Motion to Seal, Order on Motion for Miscellaneous Relief, Order on Motion to Continue,,,,,,,,,,,, (Attachments: #1 Declaration of Alan Rosenthal (and Exhibit 1))(Rosenthal, Alan)
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Filing 390
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert)
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Filing 389
NOTICE of Compliance by Patheon Inc. re #384 Order on Motion to Seal, Order on Motion for Miscellaneous Relief, Order on Motion to Continue,,,,,,,,,,,, (Attachments: #1 Affidavit Declaration of Jason Conner)(Brochin, Robert)
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Filing 387
TRANSCRIPT of Telephonic Motions Hearing held on March 11, 2014, before Magistrate Judge Jonathan Goodman, 1-141 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 15:31:00.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2014. Redacted Transcript Deadline set for 4/17/2014. Release of Transcript Restriction set for 6/16/2014. (le)
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SYSTEM ENTRY - Docket Entry 388 [misc] restricted/sealed until further notice. (nc)
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Filing 386
ENDORSED ORDER clarifying Paragraph B(3) of the Court's #384 Omnibus Post-Hearing Order. Patheon shall file Jason Conner or other in-house Patheon attorney's emails under seal for the Court's in camera inspection of the emails. Patheon shall also provide courtesy copies of the emails to Chambers. By the same date, Patheon shall also publicly file a privilege log for the documents filed under seal for in camera review. Signed by Magistrate Judge Jonathan Goodman on 3/12/2014. (oim)
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Filing 385
CLERK'S NOTICE of Compliance re #384 Order on Motion to Seal, Order on Motion for Miscellaneous Relief, Order on Motion to Continue (dj)
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Filing 384
OMNIBUS POST-HEARING ORDER. Patheon's #361 Motion to Seal is granted and the Clerk of the Court is directed to seal [362-3](unsealing due by 3/12/2019) and to unseal #362 , [362-1], and [362-2]. Procaps' #328 Motion for entry of an Order Scheduling Mediation is granted and mediation is scheduled before Michael Nachwalter for 4/28/2014 at 9:00 a.m. Patheon's #344 Motion to Continue is granted in part and taken under advisement in part as follows: the trial date remains unchanged; in limine motions are now due by 5/6/2014; and a telephonic trial scheduling status conference is set for 5/2/2014 at 10:00 a.m. A telephone conference to discuss the status of Kroll's forensic analysis is set for 3/24/2014 at 10:00 a.m. The parties are advised to carefully read the Order as the Order includes additional "homework assignments" from the Court regarding #337 Procaps' Motion to Compel Production of Documents Relating to Patheon's Protection of Procaps' Confidential Information and #354 Patheon's Motion to Compel Procaps to Propose Adequate Search Terms. Signed by Magistrate Judge Jonathan Goodman on 3/12/2014. (oim)
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Filing 383
RESPONSE to Procaps' #372 Supplement to #370 Response to #354 Defendant's MOTION to Compel Plaintiff to Propose Adequate Search Terms filed by Patheon Inc.. (sk)
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Filing 382
ENDORSED ORDER granting #381 Motion for Leave to File. Patheon's proposed memorandum and exhibits [381-1] is accepted as filed. Patheon is instructed to NOT separately re-file its response. No further briefing by either party for any reason is permitted on this matter, absent further order of the Court. Signed by Magistrate Judge Jonathan Goodman on 3/12/2014. (oim)
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Filing 381
Defendant's MOTION for Leave to File to File Response to Procaps' Supplement Response (ECF 372) by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 379
ENDORSED ORDER amending 377 the Court's prior Endorsed Order. Procaps' omnibus optional reply is due by 3/14/2014. Signed by Magistrate Judge Jonathan Goodman on 3/12/2014. (oim)
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Filing 378
NOTICE by Patheon Inc. of Filing Email Chain (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Set/Reset Deadlines as per DE 377 re #350 Plaintiff's MOTION to Compel Depositions or, in the Alternative, for Leave to Exceed Deposition Limits . Omnibus Reply due by 3/17/2014. (lk)
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Filing 380
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Motions Hearing held on 3/11/2014 re #328 Plaintiff's MOTION for Entry of Order Scheduling Mediation re #94 Scheduling Order, Order Referring Case to Mediation, Set/Reset Hearings,,, filed by Procaps S.A., #337 Plaintiff's MOTION to Compel Production of Documents Relating to Patheon's Protection of Procaps' Confidential Information filed by Procaps S.A., #344 Defendant's MOTION to Continue Trial and Expedited Consideration filed by Patheon Inc., #354 Defendant's MOTION to Compel Plaintiff to Propose Adequate Search Terms filed by Patheon Inc. Written Order to be issued. Attorneys present via telephone Chris S. Coutroulis, Mach R. McCoy, Natalie J. Carlos, and Alan Rosenthal, attorneys for Plaintiff, Mary K. Kelley, Michael J. Klicsh, and Robert T. Cahill, attorneys for Defendant.(Digital 15:31:00.) (mso)
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Filing 377
ENDORSED ORDER on Plaintiff Procaps' ore tenus request (made during this afternoon's multi-hour telephone hearing) to file a reply to Defendant Patheon's Omnibus Opposition to Plaintiff's motions to compel [ECF No. 375]. Procaps may by March 15, 2014 file an omnibus reply memorandum of no more than 5 pages, excluding the signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 3/11/2014. (JG)
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Filing 376
NOTICE by Procaps S.A. of Filing Correspondence (per Court directive) (Attachments: #1 Exhibit January 14, 2013 Letter from Michael Lytton to Alan Rosenthal)(Carlos, Natalie)
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Filing 375
RESPONSE in Opposition re #350 Plaintiff's MOTION to Compel Depositions or, in the Alternative, for Leave to Exceed Deposition Limits , #340 Plaintiff's MOTION to Compel Patheon to Produce an Adequately Prepared 30(b)(6) Representative filed by Patheon Inc.. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Brochin, Robert)
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Filing 374
ENDORSED ORDER requiring Defendant Patheon to file a response of no more than 4 pages (excluding certificate of service and signature block) to Plaintiff Procaps' Motion to Compel Patheon to Produce Documents on Privilege Logs [ECF No. 373] by March 18, 2014. In its response, Patheon shall disclose when it provided the privilege log at issue to Procaps. No reply is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 3/11/2014. (JG)
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Filing 373
Plaintiff's MOTION to Compel Patheon to Produce Documents on Privilege Logs by Procaps S.A.. Responses due by 3/27/2014 (Attachments: #1 Exhibit Privilege Logs)(Carlos, Natalie)
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Filing 372
SUPPLEMENT to #370 Response in Opposition to Motion, by Procaps S.A. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Carlos, Natalie)
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Filing 371
MEMORANDUM of Law in Support of its Designations Regarding Continued Sealing of Materials from Patheon's Summary Judgment Filing by Procaps S.A.. (Coutroulis, Chris)
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Filing 370
RESPONSE in Opposition re #354 Defendant's MOTION to Compel Plaintiff to Propose Adequate Search Terms filed by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Carlos, Natalie)
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Filing 369
ENDORSED ORDER granting #367 Unopposed Motion for Extension of Time to File Response/Reply. Summary Judgment Replies due by 3/27/2014. Signed by Magistrate Judge Jonathan Goodman on 3/10/2014. (oim)
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Filing 368
MEMORANDUM in Support of Maintaining Under Seal Defendant's Summary Judgment Materials by Patheon Inc.. (Attachments: #1 Exhibit 4 (Redacted))(Brochin, Robert)
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Filing 367
Unopposed MOTION for Extension of Time to File Response/Reply Memorandum in Support of Motions for Summary Judgment by Procaps S.A.. (Coutroulis, Chris)
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Filing 366
NOTICE by Patheon Inc. OF FILING OF AN ORDER BY THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 365
ENDORSED ORDER Regarding Motions to be Heard at Upcoming 356 Telephonic Hearing on 3/11/2014 at 3:30 p.m. In addition to hearing arguments regarding #354 Patheon's Motions to Compel Procaps to Propose Adequate Search Terms, the Court will also hear arguments regarding the following motions: #344 Patheon's Motion to Continue the Trial; #337 Procaps' Motion to Compel Production of Documents Relating to Patheon's Protection of Procaps' Confidential Information; and #328 Procaps' Motion for Entry of an Order Scheduling Mediation. Signed by Magistrate Judge Jonathan Goodman on 3/7/2014. (oim)
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Filing 364
RESPONSE to Motion re #344 Defendant's MOTION to Continue Trial and Expedited Consideration filed by Procaps S.A.. Replies due by 3/17/2014. (Carlos, Natalie)
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Filing 363
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert)
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Filing 362
MEMORANDUM In Support of Defendant's Motion to File Under Seal by Patheon Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(nc) Modified on 3/12/2014 unsealed per de #384 (dj).
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Filing 361
MOTION to File Under Seal by Patheon Inc. (nc)
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Filing 360
RESPONSE in Opposition re #337 Plaintiff's MOTION to Compel Production of Documents Relating to Patheon's Protection of Procaps' Confidential Information filed by Patheon Inc.. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Brochin, Robert)
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Filing 359
NOTICE of Striking #357 Response in Opposition to Motion, filed by Patheon Inc. by Patheon Inc. (Brochin, Robert)
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Filing 358
TRANSCRIPT of Telephonic Discovery Conference Hearing held on 2/26/2014 before Magistrate Judge Jonathan Goodman, 1-96 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2014. Redacted Transcript Deadline set for 4/10/2014. Release of Transcript Restriction set for 6/9/2014. (Attachments: #1 Designation Access Form)(amb)
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Filing 357
STRICKRN RESPONSE in Opposition re #350 Plaintiff's MOTION to Compel Depositions or, in the Alternative, for Leave to Exceed Deposition Limits filed by Patheon Inc.. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Brochin, Robert) Modified to strike per DE #359 Notice on 3/10/2014 (tpl).
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Filing 356
ENDORSED ORDER. By 3/10/2014 at 5:00 p.m., Procaps shall file a response of no more than 5 double-spaced pages (excluding certificate of service and signature page) to #354 Patheon's MOTION to Compel Procaps to Propose Adequate Search Terms. No reply is permitted. A telephonic hearing on Patheon's Motion is set for 3/11/2014 at 3:30 p.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Procaps shall circulate a conference call in number to all counsel and the Court by 3/10/2014. Signed by Magistrate Judge Jonathan Goodman on 3/6/2014. (oim)
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Filing 355
MEMORANDUM in Support re #354 Defendant's MOTION to Compel Plaintiff to Propose Adequate Search Terms by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (to be filed under seal), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Brochin, Robert)
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Filing 354
Defendant's MOTION to Compel Plaintiff to Propose Adequate Search Terms by Patheon Inc.. Responses due by 3/24/2014 (Brochin, Robert)
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Filing 353
NOTICE by Patheon Inc. Joint Notice Concerning Defendant's Summary Judgment Materials That May Be Unsealed (Brochin, Robert)
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Filing 352
ENDORSED ORDER denying as moot #349 Motion to Compel. See #350 Procaps' Corrected Motion to Compel. Signed by Magistrate Judge Jonathan Goodman on 3/5/2014. (oim)
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Filing 351
ENDORSED ORDER. By 3/11/2014, Patheon shall file an omnibus response of no more than 10 double-spaced pages (excluding certificate of service and signature page) to #340 Procaps' MOTION to Compel Patheon to Produce an Adequately Prepared 30(b)(6) Representative and #350 Procaps' MOTION to Compel Depositions or, in the Alternative, for Leave to Exceed Deposition Limits. No reply is permitted. The Court will determine if a hearing is necessary after reviewing the parties' briefing. Signed by Magistrate Judge Jonathan Goodman on 3/5/2014. (oim)
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Filing 350
Plaintiff's Corrected MOTION to Compel Depositions or, in the Alternative, for Leave to Exceed Deposition Limits by Procaps S.A.. Responses due by 3/24/2014 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit)(Carlos, Natalie) Modified text on 3/6/2014 (tpl).
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Filing 349
Plaintiff's MOTION to Compel Depositions or, in the Alternative, for Leave to Exceed Deposition Limits by Procaps S.A.. Responses due by 3/21/2014 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit)(Carlos, Natalie)
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Filing 348
ORDER granting in part and denying in part #342 Patheon's Motion to Strike. Signed by Magistrate Judge Jonathan Goodman on 3/4/2014. (oim)
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Filing 347
NOTICE of Attorney Appearance by Charles Woodward Throckmorton, V on behalf of Procaps S.A.. Attorney Charles Woodward Throckmorton, V added to party Procaps S.A.(pty:pla). (Throckmorton, Charles)
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Set/Reset Deadlines as per DE 346 re #344 Defendant's MOTION to continue Trial and Expedited Consideration. Responses due by 3/7/2014 (lk)
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Filing 346
ENDORSED ORDER concerning Defendant Patheon's Motion to Continue Trial and for Expedited Consideration. Plaintiff Procaps shall submit a double-spaced response of no more than 5 pages (excluding the certificate of service and signature block) by March 7, 2014. No reply is permitted. Signed by Magistrate Judge Jonathan Goodman on 3/1/2014. (JG)
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Filing 345
MEMORANDUM in Support re #344 Defendant's MOTION to Continue Trial and Expedited Consideration by Patheon Inc.. (Attachments: #1 Exhibit 1-Declaration of Robert Cahill, #2 Exhibit 2-Patheon's Acknowledgement of Motion for Continuance, #3 Exhibit 3-Email, #4 Text of Proposed Order)(Brochin, Robert)
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Filing 344
Defendant's MOTION to Continue Trial and Expedited Consideration by Patheon Inc.. Responses due by 3/17/2014 (Brochin, Robert)
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Filing 343
MEMORANDUM in Support re #342 MOTION to Strike Exhibits to Plaintiff's Motion for Partial Summary Judgment by Patheon Inc.. (Brochin, Robert)
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Filing 342
MOTION to Strike Exhibits to Plaintiff's Motion for Partial Summary Judgment by Patheon Inc.. Responses due by 3/17/2014 (Brochin, Robert)
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Filing 341
ORDER granting #300 Motion for Discovery and Awarding Fees. Signed by Magistrate Judge Jonathan Goodman on 2/28/2014. (oim)
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Filing 340
Plaintiff's MOTION to Compel Patheon to Produce an Adequately Prepared 30(b)(6) Representative by Procaps S.A.. Responses due by 3/17/2014 (Attachments: #1 Exhibit Notice of Deposition, #2 Exhibit Glass Deposition Transcript Excerpts, #3 Exhibit Meet and Confer Communications)(Carlos, Natalie)
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Filing 339
NOTICE of Compliance by Patheon Inc. re #324 Order (Attachments: #1 Affidavit Declaration of Robert T. Cahill, #2 Exhibit 1 to Declaration)(Brochin, Robert)
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Filing 338
ENDORSED ORDER concerning Plaintiff's Motion to Compel Production of Documents Relating to Patheon's Protection of Procaps' Confidential Information [ECF No. 337]. Defendant Patheon shall file a response of no more than 4 double-spaced pages (excluding certificate of service and signature block) by March 7, 2014. No reply is permitted. Signed by Magistrate Judge Jonathan Goodman on 2/28/2014. (JG)
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Filing 337
Plaintiff's MOTION to Compel Production of Documents Relating to Patheon's Protection of Procaps' Confidential Information by Procaps S.A.. Responses due by 3/17/2014 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Carlos, Natalie)
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Filing 336
ENDORSED ORDER denying as moot #330 Patheon's Motion to Seal. The Court has already entered an #323 Order allowing Patheon and Procaps' summary judgment materials to be filed under seal. Signed by Magistrate Judge Jonathan Goodman on 2/28/2014. (oim)
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Filing 330
MOTION to File Under Seal by Patheon Inc. (nc)
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Filing 329
NOTICE by Procaps S.A. of Filing Summary Judgment Documents Under Seal (Carlos, Natalie)
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Filing 328
Plaintiff's MOTION for Entry of Order Scheduling Mediation re #94 Scheduling Order, Order Referring Case to Mediation, Set/Reset Hearings,,, by Procaps S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Carlos, Natalie)
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Filing 327
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert)
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SYSTEM ENTRY - Docket Entry 331 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 333 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 334 [motion] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 332 [motion] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 335 [misc] restricted/sealed until further notice. (nc)
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Filing 326
NOTICE of Compliance by Procaps S.A. re #324 Order (Carlos, Natalie)
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Filing 325
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Status Conference held on 2/26/2014. Order to follow with the Court's rulings on the various disputes argued amongst the parties. Parties Present via Telephone: Attorneys for Plaintiff, Chris Coutroulis, Johana Garcia, Mac McCoy, and Alan Roshenthal, Attorneys for Defendant, David Burns, Howard Morse, Joshua Siegel, Marc Schildkraut, Mary Kelley, Mazda Antia, Robert Brochin, and Robert Cahill.(Digital 10:00:46.) (mso)
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Filing 324
PRELIMINARY ORDER on #300 Defendant's MOTION for a Forensic Analysis of Plaintiff's Electronic Media. Signed by Magistrate Judge Jonathan Goodman on 2/26/2014. (oim)
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Filing 323
ORDER granting in part and denying in part #321 Joint Motion for Temporary Sealing of Summary Judgment Materials. Signed by Magistrate Judge Jonathan Goodman on 2/25/2014. (oim)
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Filing 322
NOTICE of Attorney Appearance by Mac Richard McCoy on behalf of Procaps S.A.. Attorney Mac Richard McCoy added to party Procaps S.A.(pty:pla). (McCoy, Mac)
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Filing 321
Joint MOTION On Temporary Filing Of Summary Judgment Materials Under Seal by Patheon Inc.. (Attachments: #1 Text of Proposed Order)(Brochin, Robert)
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Filing 320
ORDER granting #319 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Magistrate Judge Jonathan Goodman on 2/24/2014. (oim)
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Filing 318
RESPONSE in Support re #300 Defendant's MOTION for Discovery For A Forensic Analysis of Procaps' Electronic Media filed by Patheon Inc.. (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, #9 Exhibit 9)(Brochin, Robert)
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Filing 319
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua M. Siegel. Filing Fee $ 75.00. Receipt # 74330. (ksa)
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Filing 317
NOTICE of Compliance Regarding Pending Discovery Matters by Procaps S.A. re #94 Scheduling Order, Order Referring Case to Mediation, Set/Reset Hearings,,, (Carlos, Natalie)
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Filing 316
NOTICE by Procaps S.A. of Filing Documents in Southern District of New York Seeking Transfer of Discovery Matters to this Court (Attachments: #1 Plaintiffs Notice of Motion to Compel JLL Partners, Inc. and JLL Partners Fund V, L.P. to Produce an Adequately Prepared 30(b)(6) Representative for Deposition and to Transfer this Motion to the Southern District of Florida, #2 Declaration of Brian Rosner, #3 Exhibits to Declaration of Brian Rosner, #4 Plaintiffs Memorandum in Support of its Motion to Compel JLL Partners, Inc. and JLL Partners Fund V, L.P. to Produce an Adequately Prepared 30(b)(6) Representative for Deposition and to Transfer this Motion to the Southern District of Florida, #5 Proposed Order Transferring Motion to Magistrate Judge Jonathan Goodman, #6 Case Cover Sheet)(Carlos, Natalie)
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Filing 315
NOTICE by Procaps S.A. re #313 Response in Opposition to Motion, of Filing Corrected Exhibit (Attachments: #1 Exhibit Corrected Proposed Order)(Carlos, Natalie)
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Filing 314
ENDORSED ORDER denying #311 Defendant Patheon's Motion for Leave to File Excess Pages in its reply in further support of its motion for forensic analysis. The Undersigned has reviewed Patheon's response to the motion for forensic analysis and is not persuaded that Patheon needs additional pages to adequately reply. Signed by Magistrate Judge Jonathan Goodman on 2/21/2014. (JG)
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Filing 313
RESPONSE in Opposition re #300 Defendant's MOTION for Discovery For A Forensic Analysis of Procaps' Electronic Media filed by Procaps S.A.. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Deposition excerpts of Lytton, #3 Exhibit Deposition excerpts of Mullen)(Carlos, Natalie)
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Filing 312
MEMORANDUM in Support re #311 Defendant's MOTION for Leave to File Excess Pages by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert)
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Filing 311
Defendant's MOTION for Leave to File Excess Pages by Patheon Inc.. (Brochin, Robert)
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Filing 310
CLERK'S NOTICE of Compliance re #309 Order on Motion to Seal as to DE #307 . (jmd)
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Filing 309
ORDER granting #306 Motion to Seal. The Clerk is directed to seal [307-1] for a period of two years and to unseal #307 . Unsealing due by 2/20/2016. Signed by Magistrate Judge Jonathan Goodman on 2/20/2014. (oim)
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Filing 308
NOTICE by Patheon Inc. re #301 Memorandum, of Filing Material Under Seal (Brochin, Robert)
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Filing 307
MEMORANDUM In Support of #306 Motion to File Under Seal by Patheon Inc. (Attachments: #1 Exhibit 11)(nc) Modified on 2/20/2014, to unseal main document "only" re: DE # 307, DE# 307-1 sealed for two years, per Order DE # 309. (jmd)
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Filing 306
MOTION to File Under Seal by Patheon Inc. (Attachments: #1 Sealed Tracking Form)(nc)
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Filing 305
NOTICE by Patheon Inc. re #301 Memorandum, of Filing Public Exhibits (Attachments: #1 Exhibit 4, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 10)(Brochin, Robert)
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Filing 304
ENDORSED ORDER granting #303 Unopposed Motion for Extension of Time. Procaps' response is due by 5:00 p.m. on 2/21/2014. Signed by Magistrate Judge Jonathan Goodman on 2/18/2014. (oim)
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Filing 303
Unopposed MOTION for Extension of Time to File Response/Reply as to #301 Memorandum, by Procaps S.A.. (Carlos, Natalie)
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Filing 302
ENDORSED ORDER Regarding #300 Patheon's Motion For a Forensic Analysis. Procaps shall file a response of no more than five pages, excluding certificate of service and signature page, to Patheon's Motion by 2/20/2014 at 5:00 p.m. Patheon may file a reply of no more than five pages, excluding certificate of service and signature page, by 2/24/2014. A telephonic hearing is set for 2/26/2014 at 10:00 a.m. Procaps shall circulate a conference call in number to all counsel and the Court by 2/25/2014. Signed by Magistrate Judge Jonathan Goodman on 2/17/2014. (oim)
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Filing 301
MEMORANDUM in Support re #300 Defendant's MOTION for Discovery For A Forensic Analysis of Procaps' Electronic Media by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order Exhibit 3, #4 Exhibit 5, #5 Exhibit 9)(Brochin, Robert)
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Filing 300
Defendant's MOTION for Discovery For A Forensic Analysis of Procaps' Electronic Media by Patheon Inc.. Responses due by 3/6/2014 (Brochin, Robert)
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Filing 299
Administrative Order Following Telephonic Status Conference. Telephonic Status Conference set for 4/23/2014 at 5:30 p.m. No Cellular Telephone Use Is Permitted. Signed by Magistrate Judge Jonathan Goodman on 2/14/2014. (oim)
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Filing 298
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Status Conference to discuss matters in the case was held on 2/12/2014. Administrative Order to follow. (Digital 12:00:01.) (mso)
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Filing 297
ORDER granting #296 Motion for Extension of Time. Signed by Magistrate Judge Jonathan Goodman on 2/11/2014. (oim)
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Filing 296
Consent MOTION for Extension of Time /Extend Deadline to Depose Osiris Norton and Andres Nitola by Patheon Inc.. Responses due by 2/27/2014 (Attachments: #1 Text of Proposed Order)(Brochin, Robert)
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Filing 295
ENDORSED ORDER setting Telephonic Status Conference for 2/12/2014 at 12:00 p.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Counsel shall abide by the following call-in procedure: plaintiff's counsel will arrange and place the call in to Chambers at 305-523-5720 with all other counsel already on the line shortly before the hearing time. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 2/5/2014. (oim)
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Filing 294
Clerk's NOTICE of Compliance re #293 Order on Motion to Seal (mg)
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Filing 293
ORDER granting in part and denying in part #277 Motion to Seal. Unsealing due by 2/1/2016. Signed by Magistrate Judge Jonathan Goodman on 1/31/2014. (oim)
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Filing 292
RESPONSE to Motion re #277 MOTION to Seal filed by Procaps S.A.. Replies due by 2/10/2014. (Coutroulis, Chris)
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Filing 291
OMNIBUS ORDER granting in part and denying in part #262 Motion to Compel; granting in part and denying in part #264 Motion to Compel; granting #272 Motion to Compel. Signed by Magistrate Judge Jonathan Goodman on 1/30/2014. (oim)
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Filing 290
NOTICE of Attorney Appearance by Avi Robert Kaufman on behalf of Procaps S.A.. Attorney Avi Robert Kaufman added to party Procaps S.A.(pty:pla). (Kaufman, Avi)
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Filing 289
Corrected RESPONSE in Opposition re #272 MOTION to Compel the Deposition of Ted Green (Corrected) filed by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Carlos, Natalie) Modified text on 1/31/2014 (tpl).
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Filing 288
RESPONSE in Opposition re #272 MOTION to Compel the Deposition of Ted Green filed by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Carlos, Natalie)
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Filing 287
Clerks Notice to Filer re #285 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#286]. It is not necessary to refile this document. (tpl)
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Filing 286
DECLARTION signed by : Alan Rosenthal, Sumbitted in Accordance with 271 Order, by Procaps S.A. (see DE #285 for image) (tpl)
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Filing 285
NOTICE by Procaps S.A. re 271 Order,,,,, of Declaration of Alan Rosenthal (Carlos, Natalie)
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Filing 284
RESPONSE in Opposition re #264 MOTION to Compel 30(b)(6) Testimony (MOTION TO RECONVENE THE DEPOSITION OF PROCAPS DAMAGES EXPERT AND TO COMPEL PROCAPS TO PROVIDE TIMELY RULE 30(b)(6) TESTIMONY) filed by Procaps S.A.. (Attachments: #1 Exhibit 1 - Email re Deposition dates, #2 Exhibit 2 - Email re Spreadsheet)(Rosenthal, Alan)
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Filing 283
RESPONSE in Opposition re #262 Defendant's MOTION to Compel Depositions filed by Procaps S.A.. (Attachments: #1 Exhibit 1 - Declaration of Alvaro Franco, #2 Exhibit 2 - Newspaper Clippings)(Rosenthal, Alan)
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Filing 282
ORDER denying without prejudice #170 Patheon's Motion for Judgment on the Pleadings. Signed by Magistrate Judge Jonathan Goodman on 1/29/2014. (oim)
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Filing 281
ENDORSED ORDER granting #280 Procaps' unopposed Motion for Extension of Time. Signed by Magistrate Judge Jonathan Goodman on 1/29/2014. (oim)
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Filing 280
MOTION for Extension of Time for a five hour extension to file documents by Procaps S.A.. Responses due by 2/18/2014 (Rosenthal, Alan)
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Filing 279
ENDORSED ORDER regarding #277 Patheon's Motion to Seal. In its motion and accompanying memorandum filed under seal, Patheon states that it is constrained to seek the sealing of certain exhibits because Procaps has designated them "highly confidential" and wishes for them to be filed under seal. The Court has reviewed Procaps' counsel's succinct email regarding why the exhibits should be sealed. [278-9]. Accordingly, by 1/31/2014 at 12:00 p.m., Procaps shall file a memorandum, no longer than five double-spaced pages (excluding signature page and certificate of service), explaining in more detail why it believes these exhibits should be sealed. No further briefing is permitted. Signed by Magistrate Judge Jonathan Goodman on 1/28/2014. (oim)
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Filing 278
MEMORANDUM In Support of #277 Motion to File Under Seal by Patheon Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 11, #9 Exhibit 12)(nc) Unsealed on 2/3/2014 per Order #293 (mg).
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Filing 277
MOTION to File Under Seal by Patheon Inc. (Attachments: #1 Sealed Tracking Form)(nc)
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Filing 276
NOTICE by Patheon Inc. of Filing Public Exhibits (Attachments: #1 Exhibit Public Exhibit 8, #2 Exhibit Public Exhibit 9, #3 Exhibit Public Exhibit 10, #4 Exhibit Public Exhibit 11, #5 Exhibit Public Exhibit 12)(Brochin, Robert)
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Filing 275
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert)
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Filing 274
ENDORSED ORDER concerning Patheon's motion to compel the deposition of Ted Green. [ECF No. 272]. Procaps shall file its response, of no more than two pages, by noon on Thursday, Jan. 30. No reply is permitted. Signed by Magistrate Judge Jonathan Goodman on 1/28/2014. (JG)
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Filing 273
MEMORANDUM in Support re #272 MOTION to Compel the Deposition of Ted Green by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 272
MOTION to Compel the Deposition of Ted Green by Patheon Inc.. Responses due by 2/14/2014 (Brochin, Robert)
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Filing 271
ENDORSED ORDER regarding translated documents. In a December 18, 2013 hearing, Procaps' lead counsel represented to the Court [ECF No. 254, p. 43] that neither Procaps nor its law firm had translated any documents in this case. In a January 23, 2014 memorandum [ECF No. 265] filed in support of its motion [ECF No. 264] to reconvene the deposition of Procaps' damages expert, Patheon advised that Procaps and an outside vendor had translated documents from Spanish to English and that Procaps' expert, Lloyd, relied upon those documents to formulate his opinion. Given these representations, Procaps shall by noon on Wednesday, January 29, 2014, submit a declaration advising (1) whether it and/or its outside counsel and/or an outside vendor translated documents, (2) if documents were translated, when they were given to the translator/vendor or in-house employee for transaltion, when the documents were translated and when the translations were first provided to Lloyd, (3) if any portion of the the translations were completed before December 18, 2013, whether counsel's December 18, 2013 representation was accurate and not materially misleading when made, and (4) if the representation was not accurate or was materially misleading, then the declaration must also show cause why sanctions should not be imposed. Signed by Magistrate Judge Jonathan Goodman on 1/23/2013. (JG)
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Filing 270
ENDORSED ORDER. Procaps shall file a response of no more than five double spaced pages, excluding certificate of service and signature block, to #264 Patheon's Motion to Reconvene and to Compel by 1/29/2014 at 12:00 p.m. No reply is permitted. Signed by Magistrate Judge Jonathan Goodman on 1/23/2014. (oim)
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Filing 269
ENDORSED ORDER. Procaps shall file a response of no more than five double spaced pages, excluding certificate of service and signature block, to #262 Patheon's Motion to Compel by 1/29/2014 at 12:00 p.m. No reply is permitted. Signed by Magistrate Judge Jonathan Goodman on 1/23/2014. (oim)
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Filing 268
ORDER granting #266 Motion for Clarification. Signed by Magistrate Judge Jonathan Goodman on 1/23/2014. (oim)
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Filing 267
MEMORANDUM in Support re #266 Defendant's MOTION for clarification maximum page length for memos in support of summary judgment by Patheon Inc.. (Brochin, Robert)
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Filing 266
Defendant's MOTION for clarification maximum page length for memos in support of summary judgment by Patheon Inc.. Responses due by 2/10/2014 (Brochin, Robert)
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Filing 265
MEMORANDUM in Support re #264 MOTION to Compel 30(b)(6) Testimony (MOTION TO RECONVENE THE DEPOSITION OF PROCAPS DAMAGES EXPERT AND TO COMPEL PROCAPS TO PROVIDE TIMELY RULE 30(b)(6) TESTIMONY) by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Brochin, Robert)
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Filing 264
MOTION to Compel 30(b)(6) Testimony (MOTION TO RECONVENE THE DEPOSITION OF PROCAPS DAMAGES EXPERT AND TO COMPEL PROCAPS TO PROVIDE TIMELY RULE 30(b)(6) TESTIMONY) by Patheon Inc.. Responses due by 2/10/2014 (Brochin, Robert)
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Filing 263
MEMORANDUM in Support re #262 Defendant's MOTION to Compel Depositions by Patheon Inc.. (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)(Brochin, Robert)
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Filing 262
Defendant's MOTION to Compel Depositions by Patheon Inc.. Responses due by 2/10/2014 (Brochin, Robert)
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Filing 261
ORDER granting #260 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Magistrate Judge Jonathan Goodman on 1/22/2014. (oim)
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Filing 260
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert T. Cahill. Filing Fee $ 75.00. Receipt # 72446. (ksa)
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Filing 259
RESPONSE/REPLY to #252 Order on Motion to Strike, Order on Motion to Compel, by Procaps S.A.. (Attachments: #1 Exhibit Declaration of Alan Rosenthal)(Carlos, Natalie)
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Filing 258
NOTICE of Compliance by Patheon Inc. re 253 Order,,, (Attachments: #1 Text of Proposed Order Proposed Order)(Brochin, Robert)
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Filing 257
NOTICE of Filing Proposed Order by Procaps S.A. re 253 Order, Concerning Patheon's Motion for Judgment on the Pleadings (Attachments: #1 Text of Proposed Order on Motion for Judgment on the Pleadings)(Coutroulis, Chris) Modified text on 1/23/2014 (tpl).
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Filing 256
ENDORSED ORDER granting #255 Motion for Extension of Time. Signed by Magistrate Judge Jonathan Goodman on 1/15/2014. (oim)
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Filing 255
Unopposed MOTION for Extension of Time to submit (I) proposed order on Defendant's Motion for Judgment on the Pleadings and (II) notice or memorandum of law regarding position taken by counsel at December 18, 2013 hearing. by Procaps S.A.. Responses due by 2/3/2014 (Carlos, Natalie)
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Filing 254
TRANSCRIPT of Discovery Conference Hearing held on 12/18/2013 before Magistrate Judge Jonathan Goodman, 1-147 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2014. Redacted Transcript Deadline set for 2/3/2014. Release of Transcript Restriction set for 4/3/2014. (Attachments: #1 Designation)(mc)
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Filing 253
ENDORSED ORDER concerning Defendant Patheon's Motion for Judgment on the Pleadings [ECF No. 170]. Each party shall by January 20, 2014, submit a proposed order (either granting or denying the motion) of no more than 12 pages, double-spaced, excluding the signature block and certificate of service. The proposed orders should assume (but need not discuss) that (1) the District Court's prior order denying Patheon's motion to dismiss did not decide the fact-based Article III standing challenge raised in the instant motion and (2) Patheon's factual attack does not implicate the merits of Procaps' claims. Each party shall submit its proposed order under an appropriately titled notice of filing and shall also file a "word" version of the proposed order in the Undersigned's efile inbox. Signed by Magistrate Judge Jonathan Goodman on 12/26/2013. (JG)
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Filing 252
ORDER denying #212 Motion to Strike; granting #214 Motion to Compel; granting #216 Motion to Compel; and Supplemental Order on Lingering Issues. Signed by Magistrate Judge Jonathan Goodman on 12/20/2013. (oim)
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Filing 251
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 12/18/2013 re #212 Plaintiff's MOTION to Strike Deposition Exhibits and Testimony in Connection Therewith filed by Procaps S.A., #214 Defendant's MOTION to Compel the Reconvening of Alvaro Franco's Deposition at Cooley LLP's Washington DC Office filed by Patheon Inc., #216 Defendant's MOTION to Compel the Reconvening of Ruben Minski's Deposition at Cooley LLP's Washington DC Office filed by Patheon Inc. An Order of the Court's rulings on the motions to be issued.Parties: Alan Rosenthal, Chris Coutroulis, Joanna Garcia, Natalie Carlos, and D Matthew Allen, attorneys for Plaintiff. Michael Klisch and Robert Brochin, attorneys for Defendant. (Digital 14:00:02.) (mso)
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Filing 250
Clerk's Notice of Filing Deficiency Re: #249 Notice (Other) filed by Procaps S.A.. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (tpl)
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Filing 249
NOTICE of Submitting Synced Transcript DVD's Pursuant to Endorsed Order by Procaps S.A. (tpl)
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Filing 248
MEMORANDUM in Support re #239 Order of Request for Attorneys' Fees and Costs concerning Procaps' Motion to Strike by Procaps S.A.. (Carlos, Natalie)
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Filing 247
NOTICE by Procaps S.A. re #230 Order on Motion for Miscellaneous Relief of Filing Counter-designations to Patheon's Notice of Deposition/Video Designations (Carlos, Natalie)
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Filing 246
MEMORANDUM of Law re #239 Order (DEFENDANTS MEMORANDUM REGARDING AWARD OF ATTORNEYS FEES AND COSTS TO PREVAILING PARTY ON PLAINTIFFS MOTION TO STRIKE DEPOSITION EXHIBITS AND TESTIMONY) by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 245
REPLY to Response to Motion re #214 Defendant's MOTION to Compel the Reconvening of Alvaro Franco's Deposition at Cooley LLP's Washington DC Office , #216 Defendant's MOTION to Compel the Reconvening of Ruben Minski's Deposition at Cooley LLP's Washington DC Office (DEFENDANTS REPLY IN SUPPORT OF ITS MOTIONS TO COMPEL THE RECONVENING OF DEPOSITIONS) filed by Patheon Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brochin, Robert)
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Filing 244
SUPPLEMENT to #171 Memorandum, #170 MOTION for Judgment on the Pleadings on Counts I-IV of the Complaint (DEFENDANTS SUPPLEMENTAL BRIEF IN SUPPORT OF ITS MOTION FOR JUDGMENT ON THE PLEADINGS ON COUNTS I-IV OF THE COMPLAINT) by Patheon Inc. (Brochin, Robert)
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Filing 243
RESPONSE in Opposition re #170 MOTION for Judgment on the Pleadings on Counts I-IV of the Complaint (Supplemental Memorandum) filed by Procaps S.A.. (Coutroulis, Chris)
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Filing 242
REPLY to Response to Motion re #212 Plaintiff's MOTION to Strike Deposition Exhibits and Testimony in Connection Therewith and Response to Endorsed Order Concerning Hearing filed by Procaps S.A.. (Coutroulis, Chris)
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Filing 241
ENDORSED ORDER granting #240 Procaps' Motion for Leave to Provide Synced Transcript DVDs. Signed by Magistrate Judge Jonathan Goodman on 12/12/2013. (JG).
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Filing 240
Plaintiff's MOTION FOR LEAVE TO PROVIDE SYNCED TRANSCRIPT DVDs IN RESPONSE TO ORDER re #230 Order on Motion for Miscellaneous Relief by Procaps S.A.. (Attachments: #1 Exhibit)(Carlos, Natalie)
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Filing 239
SUPPLEMENTAL ORDER regarding #236 December 18, 2013 Hearing. Signed by Magistrate Judge Jonathan Goodman on 12/9/2013. (oim)
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Filing 237
ENDORSED ORDER concerning Dec. 18, 2013 hearing on Procaps' Motion to Strike Deposition Exhibits [ECF No. 212]. Attorneys Rosenthal, Coutroulis, Carlos, Allen and Garcia (who gave their clients instructions to not answer questions about translated documents at their depositions or who were attending one or both of those depostions and/or who are listed as signators on the motion to strike] shall all appear in person at the hearing. If it wishes, Procaps may file a reply of not more than 5 pages, excluding the signature block and certificate of service, by December 13, 2013. If Procaps decides to file a reply, then it shall include authority to support its argument that Federal Rule of Evidence 604 applies to the translations of documents used as exhibits at depositions and, in addition, the representation [ECF No. 212, p. 7] that Patheon was "required to first comply with FRE 604 and work with Procaps' counsel to retain a competent interpreter to accurately translate the Spanish documents." In addition, the optional reply must also provide applicable legal authority (if there is any) to support Procaps' argument [p. 8, motion) that, before translated documents may be used in a depositon, "the interpreter 'must be qualified by the Court' as an expert in translation for a particular language..." Finally, the optional reply must also discuss Procaps' implicit premise that Patheon was required to divulge its deposition strategy before the depositions by first advising Procaps of the specific Spanish language documents it was considering for questioning the deponents. Signed by Magistrate Judge Jonathan Goodman on 12/8/2013. (JG)
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Filing 238
NOTICE OF CONVENTIONAL FILING of DVD pursuant to DE #230 Order by Patheon Inc. (tpl)
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Filing 236
ORDER Setting Hearing on #214 and #216 Defendant's Motion to Compel the Reconvening of Two Depositions and #212 Plaintiff's Motion to Strike Deposition Exhibits and Testimony. Signed by Magistrate Judge Jonathan Goodman on 12/6/2013. (oim)
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Filing 235
NOTICE by Patheon Inc. of Deposition/Video Designations (Brochin, Robert)
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Filing 234
RESPONSE in Opposition re #212 Plaintiff's MOTION to Strike Deposition Exhibits and Testimony in Connection Therewith filed by Patheon Inc.. (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)(Brochin, Robert)
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Filing 233
ORDER requiring supplemental briefing from both parties on #170 Defendant's MOTION for Judgment on the Pleadings. Supplemental briefing due by 12/16/2013. Signed by Magistrate Judge Jonathan Goodman on 12/6/2013. (oim)
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Filing 232
RESPONSE in Opposition re #214 Defendant's MOTION to Compel the Reconvening of Alvaro Franco's Deposition at Cooley LLP's Washington DC Office , #216 Defendant's MOTION to Compel the Reconvening of Ruben Minski's Deposition at Cooley LLP's Washington DC Office filed by Procaps S.A.. (Attachments: #1 Email)(Carlos, Natalie)
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Filing 231
CLERK'S NOTICE OF COMPLIANCE with Order Directing Clerk to Unseal the following documents: #227 MEMORANDUM In Support of Defendant's Motion to Compel; #225 MEMORANDUM In Support of Motion to File Under Seal; #228 ORDER denying Motion to Seal; #224 MOTION to File Under Seal; #226 MEMORANDUM In Support of Defendant's Motion to Compel. (vp)
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Filing 230
ORDER granting #219 Defendant's Motion to File Video Clips. Signed by Magistrate Judge Jonathan Goodman on 12/5/2013. (oim)
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Filing 229
RESPONSE to Motion re #219 Defendant's MOTION to File Electronically Stored Information in Support of Motions to Compel and in Opposition to Motion to Strike and Memorandum in Support Thereof filed by Procaps S.A.. Replies due by 12/16/2013. (Attachments: #1 November 22 and 24, 2013 email)(Carlos, Natalie)
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Filing 228
ORDER denying #224 Motion to Seal. Signed by Magistrate Judge Jonathan Goodman on 12/4/2013. (oim) Modified/unsealed on 12/6/2013 (vp).
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Filing 223
ORDER on requests for attorney's fees concerning #131 and #133 Defendant's Motions to Compel. Signed by Magistrate Judge Jonathan Goodman on 12/3/2013. (oim)
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Filing 222
ENDORSED ORDER denying #200 Defendant Patheon's Motion for Oral Argument/Hearing on its motion for judgment on the pleadings. [ECF No. 170]. Signed by Magistrate Judge Jonathan Goodman on 12/3/2013. JG)
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Filing 227
MEMORANDUM In Support of Defendant's Motion to Compel The Reconvening of Alvaro Franco's Deposition at Cooley LLP's Washington, D.C. Office by Patheon Inc. (Attachments: #1 Exhibit 1)(nc) Modified/unsealed on 12/6/2013 (vp).
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Filing 226
MEMORANDUM In Support of Defendant's Motion to Compel The Reconvening or Ruben Minski's Deposition at Cooley LLP's Washington, D.C. Office by Patheon Inc. (Attachments: #1 Exhibit 1)(nc) Modified/unsealed on 12/6/2013 (vp).
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Filing 225
MEMORANDUM In Support of Defendant's Motion to File Under Seal by Patheon Inc. (Attachments: #1 Exhibit A)(nc) Modified/unsealed on 12/6/2013 (vp).
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Filing 224
MOTION to File Under Seal by Patheon Inc. (Attachments: #1 Sealed Tracking Form)(nc) Modified/Unsealed on 12/6/2013 (vp).
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Filing 221
ENDORSED ORDER regarding #219 Patheon's motion to file video clips of two depositions. Procaps shall file a response, no longer than three pages double-spaced, to Patheon's motion by 12/4/2013. No further briefing is permitted. Signed by Magistrate Judge Jonathan Goodman on 11/27/2013. (oim)
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Filing 220
ENDORSED ORDER regarding #214 and #216 Patheon's motions to compel the reconvening of Alvaro Franco and Ruben Minski's depositions. Procaps shall file a response (to each motion), no longer than five pages double-spaced, by 12/6/2013. Alternatively, Procaps may file an omnibus ten page response to both motions to compel. After reviewing Procaps' response(s), the Court will determine if a reply is necessary. Signed by Magistrate Judge Jonathan Goodman on 11/27/2013. (oim)
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Filing 219
Defendant's MOTION to File Electronically Stored Information in Support of Motions to Compel and in Opposition to Motion to Strike and Memorandum in Support Thereof by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 218
NOTICE by Patheon Inc. (Brochin, Robert)
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Filing 217
MEMORANDUM in Support re #216 Defendant's MOTION to Compel the Reconvening of Ruben Minski's Deposition at Cooley LLP's Washington DC Office by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 216
Defendant's MOTION to Compel the Reconvening of Ruben Minski's Deposition at Cooley LLP's Washington DC Office by Patheon Inc.. Responses due by 12/16/2013 (Brochin, Robert)
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Filing 215
MEMORANDUM in Support re #214 Defendant's MOTION to Compel the Reconvening of Alvaro Franco's Deposition at Cooley LLP's Washington DC Office by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 214
Defendant's MOTION to Compel the Reconvening of Alvaro Franco's Deposition at Cooley LLP's Washington DC Office by Patheon Inc.. Responses due by 12/16/2013 (Brochin, Robert)
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Filing 213
ENDORSED ORDER regarding #212 Procaps' motion to strike. Patheon shall file a response, no longer than seven pages double-spaced, to Procaps' motion by 12/6/2013. After reviewing Patheon's response, the Court will determine if a reply is necessary. Signed by Magistrate Judge Jonathan Goodman on 11/25/2013. (oim)
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Filing 212
Plaintiff's MOTION to Strike Deposition Exhibits and Testimony in Connection Therewith by Procaps S.A.. Responses due by 12/12/2013 (Attachments: #1 Relevant transcript pages of deposition of Ruben Minski, #2 Relevant transcript pages of deposition of Alvaro Franco, #3 Relevant deposition exhibits)(Carlos, Natalie)
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Filing 211
CLERK'S NOTICE of Compliance pursuant to #210 Order (nc)
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Filing 210
ORDER granting in part and denying in part #194 Sealed Motion. Signed by Magistrate Judge Jonathan Goodman on 11/20/2013. (oim)
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Filing 209
ENDORSED ORDER denying Plaintiff Procaps' request [ECF No. 201] to defer a ruling on entitlement and amount of attorney's fees concerning Defendant Patheon's request for attorney's fees as the prevailing party on two motions to compel [ECF Nos. 131, 133]. Signed by Magistrate Judge Jonathan Goodman on 11/20/2013. (JG)
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Filing 208
RESPONSE/Opposition to #201 Notice of Compliance and Request for Deferment of Ruling by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert) Modified Text on 11/21/2013 (ls).
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Filing 207
RESPONSE in Opposition re #200 Motion for Hearing/Oral Argument re #170 MOTION for Judgment on the Pleadings on Counts I-IV of the Complaint filed by Procaps S.A.. (Coutroulis, Chris)
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Filing 206
SUPPLEMENT to #201 Notice of Compliance to Clarify Meet and Confer Compliance by Procaps S.A. (Carlos, Natalie) Modified Link on 11/20/2013 (ls).
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Filing 205
Clerks Notice to Filer re #200 Notice (Other),. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ls)
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Filing 204
Clerks Notice to Filer re #199 Response in Support of Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#203]. It is not necessary to refile this document. (ls)
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Filing 203
REPLY to Response to Motion re #170 MOTION for Judgment on the Pleadings on Counts I-IV of the Complaint filed by Patheon Inc.. (ls)(See Image at DE #199 )
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Filing 202
ENDORSED ORDER concerning Procaps' Notice of Compliance With Court Orders and Request for Deferment of Ruling [ECF No. 201]. Apparently, Procaps views a "request" as something other than a motion, as its request (which, like a motion, seeks relief from the Court) is not entitled a motion and was not accompanied by the certificate of conferral, a requirement for motions imposed by Local Rule 7.1. Regardless of the title selected by Procaps, the request surely reads exactly like a motion. So the Court will give Patheon the opportunity to file an optional response of no more than two pages (excluding signature block and certificate of service) by November 20, 2013. No further briefing of any type (regardless of what title counsel decides to attach to a submission) is permitted in connection with the so-called request. Signed by Magistrate Judge Jonathan Goodman on 11/18/2013. (JG)
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Filing 201
NOTICE of Compliance and Request for Deferment of Ruling by Procaps S.A. re #146 Order on Motion to Compel, 191 Order,,,,,, 192 Order,,,,, (Attachments: #1 Supplemental Declaration of Alan Rosenthal)(Carlos, Natalie)
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Filing 200
MOTION for Hearing/Oral Argument by Patheon Inc. re #170 MOTION for Judgment on the Pleadings on Counts I-IV of the Complaint (Attachments: #1 Exhibit 1)(Brochin, Robert) Modified to convert document to a motion on 11/19/2013 (ls).
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Filing 199
RESPONSE in Support re #170 MOTION for Judgment on the Pleadings on Counts I-IV of the Complaint filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
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Filing 198
MEMORANDUM of Law re 196 Endorsed Order, Set/Reset Deadlines,, Concerning Sealing Exhibits D and E to Plaintiff's Opposition to Motion for Judgment on the Pleadings by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert) Modified Link/Text on 11/19/2013 (ls).
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Filing 197
NOTICE of Compliance by Patheon Inc. re 196 Endorsed Order, Set/Reset Deadlines,, (Brochin, Robert)
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Filing 196
ENDORSED ORDER regarding #194 Procaps' Motion to Seal. In its motion, Procaps states that it is constrained to seek the sealing of exhibits D and E because Patheon has designated them "highly confidential." Accordingly, by 11/18/2013, Patheon shall file a memorandum, no longer than three double-spaced pages, explaining why exhibits D and E should be sealed. No further briefing is permitted. Signed by Magistrate Judge Jonathan Goodman on 11/12/2013. (oim)
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Filing 195
MEMORANDUM In Opposition to Motion for Judgment on The Pleadings on Article III Standing by Procaps S.A. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E)(nc) Modified by Unsealing #195 ,[195-2],[195-3] per #210 Order on 11/22/2013 (nc).
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Filing 194
UNOPPOSED MOTION to File Memorandum In Opposition to Motion for Judgment on The Pleadings an Certain Exhibits Thereto Under Seal by Procaps S.A. (Attachments: #1 Sealed Tracking Form)(nc) Modified by Unsealing Document per #210 Order on 11/22/2013 (nc).
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Filing 193
RESPONSE in Opposition re #170 MOTION for Judgment on the Pleadings on Counts I-IV of the Complaint filed by Procaps S.A.. (Attachments: #1 Exhibit A - Ruben Minski Declaration, #2 Exhibit B - Ruben Minski Deposition Excerpts, #3 Exhibit C - Filed under Seal, #4 Exhibit D - Filed under Seal, #5 Exhibit E - Filed under Seal)(Coutroulis, Chris)
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Filing 192
SUPPLEMENTAL ENDORSED ORDER concerning Patheon's request for attorney's fees for discovery motion practice. In addition to submitting the declaration required in an order entered earlier today in ECF 191, Procaps shall also by the same November 16, 2013 deadline submit a declaration disclosing the attorney time incurred in the meet and confers, including follow-up letters and emails and phone calls and intra-firm conferences to discuss strategy for the meet and confers and developments flowing from the meet and confers. The declaration shall provide an attorney-by-attorney breakdown. Procaps may, if it wishes, include this required information (which was required by an earlier court order but was ignored) in the same declaration it files in response to the endorsed order [ECF No. 191] concerning billing rates. Finally, the Court encourages the parties to timely resolve the attorney's fees issue, a development which would obviously eliminate the need for a comprehensive court order. If the parties reach a resolution, then they shall file an appropriate, succinct notice as soon as possible, so that the Court and its staff do not unnecessarily spend time on a moot issue. The Court reminds the parties about the sign of a good settlement: everyone is miserable. Signed by Magistrate Judge Jonathan Goodman on 11/8/2013.(JG)
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Filing 191
ENDORSED ORDER regarding Patheon's request for attorney's fees for the two motions to compel. In an attorney's declaration [ECF NO. 165], Procaps advised the court of the hourly billing rates of its attorneys "for the Procaps matter." The rates mentioned are not round numbers, such as $650 or $750 per hour. Instead, the hourly billing rates for "this matter" are atypical ones, such as $590.63 and $678.13." In its Reply [ECF No. 182], Patheon suggests that the billing rates disclosed in the declaration of Procaps' lead attorney in this case "appear to be discounted rates" and notes that the declaration does not state that the disclosed rates are counsel's standard hourly rates. In the Court's experience, it is highly unusual for a standard hourly rate to not be a round number. Under these circumstances, Procaps shall by November 16, 2013 submit a supplemental declaration confirming whether the hourly rates mentioned in the declaration are standard rates or whether they are discounted or in some other way tailored or customized for this case and/or for this client. If the hourly rates previously disclosed are in fact discounted or in any other way non-standard, then the new declaration shall explain the hourly rate upon which the discount or courtesy was based. In addition, the declaration shall disclose, for the six attorneys mentioned in the initial declaration, the range (i.e., the highest and the lowest) of hourly rates that each attorney has charged in the past three years. Signed by Magistrate Judge Jonathan Goodman on 11/8/2013. (JG)
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Filing 190
Clerks Notice to Filer re #188 Status Report. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls)
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Filing 189
NOTICE regarding Attorneys' Fees Request by Patheon Inc. re #185 Order on Sealed Motion,,, (Brochin, Robert) Modified Text on 11/5/2013 (ls).
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Filing 188
STATUS REPORT Joint Notice regarding Resolution of Database Production Issue by Patheon Inc. (Brochin, Robert) Modified Text on 11/5/2013 (ls).
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Filing 187
CLERK'S NOTICE of Compliance pursuant to #185 Order. (nc)
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Filing 186
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Emergency Telephone Conference regarding the deposition of Reuben Minski held on 11/4/2013. (Digital 10:34:20.) (mso)
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Filing 185
ORDER granting in part and denying in part #172 Sealed Motion; granting in part and denying in part #180 Sealed Motion; and sua sponte reconsidering prior orders granting the parties' motions to seal. See Order for further details. Signed by Magistrate Judge Jonathan Goodman on 11/1/2013. (oim)
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Filing 184
Clerks Notice to Filer re #179 Response/Reply (Other). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls)
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SYSTEM ENTRY - Docket Entry 183 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 182 [misc] restricted/sealed until further notice. (nc)
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Filing 181
MEMORANDUM In Support of #180 Unopposed Motion to File Under Seal by Patheon Inc. (nc) Modified by Unsealing Document per #185 Order on 11/4/2013 (nc).
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Filing 180
UNOPPOSED MOTION to File Under Seal by Patheon Inc. (Attachments: #1 Sealed Tracking Form)(nc) Modified by Unsealing Document per #185 Order on 11/4/2013 (nc).
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Filing 179
REPLY to #160 Response in Opposition to Motion Memorandum in Opposition to an Award of Attorneys' Fees by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert) Modified Link/Text on 10/29/2013 (ls).
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Filing 178
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert)
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Filing 177
ORDER granting #176 Plaintiff's Unopposed Motion for Extension of Time. Signed by Magistrate Judge Jonathan Goodman on 10/28/2013. (oim)
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Filing 176
Unopposed MOTION for Extension of Time of Expert Witness Deposition and Rebuttal Expert Report Deadlines by Procaps S.A.. Responses due by 11/15/2013 (Attachments: #1 Text of Proposed Order Exhibit A)(Coutroulis, Chris)
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Filing 175
ORDER regarding #159 Procaps S.A.'s Database Production Affidavit. Patheon Inc. Notice or Joint Notice deadline set for 11/4/2013. Signed by Magistrate Judge Jonathan Goodman on 10/24/2013. (oim)
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Filing 174
MEMORANDUM In Support of Patheon Inc.'s Motion for Judgment on The Pleadings on Counts I-IV of The Complaint by Patheon Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 7, #5 Exhibit 9, #6 Exhibit 11)(nc) Modified by Unsealing Document, Exhibits [174-1],[174-5] Remain Sealed,per #185 Order on 11/4/2013 (nc).
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Filing 173
MEMORANDUM In Support of #172 Motion to File Under Seal by Patheon Inc. (nc) Modified by Unsealing Document per #185 Order on 11/4/2013 (nc).
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Filing 172
MOTION to File Under Seal by Patheon Inc. (Attachments: #1 Sealed Tracking Form)(nc) Modified by Unsealing Document per #185 Order on 11/4/2013 (nc).
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Filing 171
MEMORANDUM in Support re #170 MOTION for Judgment on the Pleadings on Counts I-IV of the Complaint by Patheon Inc.. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Brochin, Robert)
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Filing 170
MOTION for Judgment on the Pleadings on Counts I-IV of the Complaint by Patheon Inc.. (Brochin, Robert)
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Filing 169
NOTICE by Patheon Inc. of Filing Material to be filed under Seal (Brochin, Robert) Modified Text on 10/23/2013 (ls).
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Filing 168
CLERK'S NOTICE of Compliance by Unsealing #163 , #164 pursuant to #167 Order. (nc)
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Filing 167
ORDER Granting #163 Unopposed Motion to Seal. The Clerk is directed to seal ECF No. 165. The Clerk is directed to Unseal the present motion and accompanying memorandum, ECF Nos. 163 and 164, as there is nothing in them that is confidential or sensitive. Signed by Magistrate Judge Jonathan Goodman on 10/22/2013. (nc)
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Filing 166
ORDER granting #157 Motion to Redact #147 Transcript. Signed by Magistrate Judge Jonathan Goodman on 10/22/2013. (oim)
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Filing 162
Clerks Notice to Filer re #159 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#161]. It is not necessary to refile this document. (ls)
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SYSTEM ENTRY - Docket Entry 165 [misc] restricted/sealed until further notice. (nc)
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Filing 164
MEMORANDUM In Support of #163 Unopposed Motion to File Under Seal by Procaps S.A. (nc) Modified by Unsealing Document per #167 Order on 10/22/2013 (nc).
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Filing 163
UNOPPOSED MOTION to File Under Seal by Procaps S.A. (Attachments: #1 Sealed Tracking Form)(nc) Modified by Unsealing Document per #167 Order on 10/22/2013 (nc).
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Filing 161
NOTICE of Compliance by Procaps S.A. re #146 Order on Motion to Compel, (ls)(See Image at DE #{159])
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Filing 160
RESPONSE in Opposition re #133 Defendant's MOTION to Compel Answers to Interrogatories , #131 Defendant's MOTION to Compel Response to Request for Production Procaps's Memorandum in Opposition to an Award of Attorneys' Fees filed by Procaps S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Coutroulis, Chris)
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Filing 159
NOTICE by Procaps S.A. re #146 Order on Motion to Compel, 149 Order on Motion for Extension of Time of Filing Affidavit in Compliance with Court Order (Attachments: #1 Affidavit of Jean Carlos Duque Montes)(Coutroulis, Chris)
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Filing 158
MEMORANDUM in Support re #157 Unopposed MOTION to Redact #147 Transcript,, by Patheon Inc.. (Brochin, Robert)
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Filing 157
Unopposed MOTION to Redact #147 Transcript,, by Patheon Inc.. (Brochin, Robert)
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Filing 156
CLERK'S NOTICE of Compliance pursuant to #155 Order. (nc)
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Filing 155
ORDER Granting #151 Unopposed Motion to File Under Seal. The Clerk is directed to seal ECF No. 153 and the accompanying exhibits. The Clerk is also directed to unseal the present motion and accompanying memorandum, ECF Nos. #151 and #152 , as there is nothing in them that is confidential or sensitive. Signed by Magistrate Judge Jonathan Goodman on 10/18/2013. (nc)
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Filing 154
NOTICE of Compliance as it relates to Requests for Production Numbers 29-31, 40, and 42, and Interrogatories 15, 18, and 19 by Procaps S.A. re #146 Order on Motion to Compel, (Coutroulis, Chris) Modified Text on 10/18/2013 (ls).
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SYSTEM ENTRY - Docket Entry 153 [misc] restricted/sealed until further notice. (nc)
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Filing 152
MEMORANDUM In Support of #151 Unopposed Motion to File Under Seal by Patheon Inc. (nc) Modified by Unsealing Document per #155 Order on 10/21/2013 (nc).
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Filing 151
UNOPPOSED MOTION to File Under Seal by Patheon Inc. (Attachments: #1 Sealed Tracking Form)(nc) Modified by Unsealing Document per #155 Order on 10/21/2013 (nc).
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Filing 150
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert)
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Filing 149
ENDORSED ORDER granting #148 Motion for Extension of Time. Procaps shall submit the required affidavit by 10/21/2013. Signed by Magistrate Judge Jonathan Goodman on 10/15/2013. (oim)
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Filing 148
Unopposed MOTION for Extension of Time to Submit Affidavit Pursuant to Court Order by Procaps S.A.. Responses due by 11/1/2013 (Attachments: #1 Text of Proposed Order Exhibit A)(Coutroulis, Chris)
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Filing 147
TRANSCRIPT of Discovery Hearing held on October 7, 2013, before Magistrate Judge Jonathan Goodman, 1-188 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 10:03:27.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2013. Redacted Transcript Deadline set for 11/15/2013. Release of Transcript Restriction set for 1/13/2014. (le)
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Filing 146
ORDER granting in part and denying in part #131 and #133 Patheon's Motions to Compel and modifying post-hearing briefing schedule announced at the October 7, 2013 hearing. Signed by Magistrate Judge Jonathan Goodman on 10/8/2013. (oim)
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Filing 145
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 10/7/2013. (Digital 10:03:27.) (mso)
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Filing 144
ENDORSED ORDER concerning upcoming discovery hearing. For purposes of determining the amount of attorney's fees which might be awarded to the prevailing party under Federal Rule of Civil Procedure 37, each party shall be prepared at the October 7, 2013 hearing to advise the Court of how much time its attorneys incurred in connection with the discovery disputes, the hourly fees of the attorneys involved in the dispute and the total amount incurred (excluding the time spent at the hearing). Signed by Magistrate Judge Jonathan Goodman on 10/4/2013. (JG)
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Filing 143
REPLY to Response to Motion re #133 Defendant's MOTION to Compel Answers to Interrogatories , #131 Defendant's MOTION to Compel Response to Request for Production filed by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
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Filing 142
ENDORSED ORDER granting #140 Defendant's Motion for Leave to File Excess Pages. Patheon may file an omnibus reply not to exceed 10 pages concerning its two motions to compel. Signed by Magistrate Judge Jonathan Goodman on 9/25/2013. (JG)
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Filing 141
MEMORANDUM in Support re #140 Consent MOTION for Leave to File Excess Pages by Patheon Inc.. (Brochin, Robert)
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Filing 140
Consent MOTION for Leave to File Excess Pages by Patheon Inc.. (Brochin, Robert)
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Filing 139
RESPONSE in Opposition re #131 Defendant's MOTION to Compel Response to Request for Production filed by Procaps S.A.. (Attachments: #1 Exhibit Meet and Confer Letter, #2 Exhibit Plaintiff's Supplemental and Updated Response to Interrogatory No. 7)(Coutroulis, Chris)
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Filing 138
RESPONSE in Opposition re #133 Defendant's MOTION to Compel Answers to Interrogatories filed by Procaps S.A.. (Coutroulis, Chris)
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Filing 137
ENDORSED ORDER clarifying 136 Court's Order. Patheon may, if it wishes, file a reply in support of each motion. Signed by Magistrate Judge Jonathan Goodman on 9/13/2013. (oim)
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Filing 136
ENDORSED ORDER on #131 and #133 Patheon's MOTIONS to Compel Responses to Request for Production and Answers to Interrogatories. Procaps shall by 9/23/2013 file a response to each motion of no longer than 7 pages, excluding certificate of service and signature block. Patheon may, if it wishes, file a reply of no longer than 5 pages by 9/30/2013, excluding certificate of service and signature block. An omnibus discovery hearing is set on these two motions for 10/7/2013 at 10:00 a.m. in the Miami Division before Magistrate Judge Jonathan Goodman. In-person attendance is required for this discovery hearing. Signed by Magistrate Judge Jonathan Goodman on 9/12/2013. (oim)
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Filing 135
ORDER denying #122 Patheon's Motion to Compel Procaps to revise its privilege log without prejudice and denying #129 Procaps' Motion for an Extension of Time to respond. The parties shall abide by the dispute resolution procedure set out in this Order. As outlined in the Order, if the parties are unable to resolve this dispute, then a Discovery Hearing is set on this matter for 10/7/2013 at 10:00 a.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 9/12/2013. (oim)
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Filing 134
MEMORANDUM in Support re #133 Defendant's MOTION to Compel Answers to Interrogatories by Patheon Inc.. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Brochin, Robert)
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Filing 133
Defendant's MOTION to Compel Answers to Interrogatories by Patheon Inc.. Responses due by 9/30/2013 (Brochin, Robert)
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Filing 132
MEMORANDUM in Support re #131 Defendant's MOTION to Compel Response to Request for Production by Patheon Inc.. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Errata 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Brochin, Robert)
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Filing 131
Defendant's MOTION to Compel Response to Request for Production by Patheon Inc.. Responses due by 9/30/2013 (Brochin, Robert)
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Filing 130
TRANSCRIPT of Discovery Conference Hearing held on 9/9/2013 before Magistrate Judge Jonathan Goodman, 1-25 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/7/2013. Redacted Transcript Deadline set for 10/18/2013. Release of Transcript Restriction set for 12/16/2013. (Attachments: #1 Designation)(mc)
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Filing 129
Plaintiff's MOTION for Extension of Time to Respond to Defendant's Motion to Compel re #122 Defendant's MOTION to Compel Plaintiff to Revise Privilege Log by Procaps S.A.. Responses due by 9/30/2013 (Attachments: #1 Text of Proposed Order Exhibit A)(Rosenthal, Alan)
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Filing 128
ORDER granting #127 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Magistrate Judge Jonathan Goodman on 9/11/2013. (oim)
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Filing 126
ORDER on #117 Motion to Compel Deposition. Signed by Magistrate Judge Jonathan Goodman on 9/10/2013. (oim)
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Filing 125
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 9/9/2013. Order to follow. Alan Rosenthal, attorney for Plaintiff and Michael Klisch, attorney for Defendant (who appeared by telephone).(Digital 16:57:06.) (mso)
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Filing 127
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Dee Bansal. Filing Fee $ 75.00. Receipt # 64986. (ksa)
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Filing 124
ENDORSED ORDER. Plaintiff shall file a response of no more than 5 pages, excluding certificate of service and signature block, by 9/13/2013 to #122 Defendant's Motion to to Compel Plaintiff to Revise Privilege Log. No reply is permitted unless specifically authorized by further written court order. Signed by Magistrate Judge Jonathan Goodman on 9/5/2013. (oim)
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Filing 123
MEMORANDUM in Support re #122 Defendant's MOTION to Compel Plaintiff to Revise Privilege Log by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert)
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Filing 122
Defendant's MOTION to Compel Plaintiff to Revise Privilege Log by Patheon Inc.. Responses due by 9/23/2013 (Brochin, Robert)
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Filing 121
ORDER denying as premature #96 Plaintiff's Motion to Re-Designate. Signed by Magistrate Judge Jonathan Goodman on 9/4/2013. (Attachments: #1 Exhibit). (oim)
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Filing 120
TRANSCRIPT of Discovery Conference Hearing held on 8/26/2013 before Magistrate Judge Jonathan Goodman, 1-136 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/5/2013. (Attachments: #1 Designation)(mc)
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Filing 119
ENDORSED ORDER setting Discovery Hearing for 9/9/2013 at 5:30 p.m. on #117 Defendant's Motion to Compel. No further briefing on this motion is permitted, absent further Court order. Out of town counsel may appear telephonically or in person. If counsel chooses to appear telephonically, then they shall notify Chambers by September 6, 2013 at 12:00 p.m. and they shall abide by the following call-in procedure: counsel will call in to Chambers at 305-523-5720 shortly before the hearing time. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 8/29/2013. (oim)
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Filing 118
MEMORANDUM in Support re #117 MOTION to Compel Deposition of Plaintiff by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Errata 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 117
MOTION to Compel Deposition of Plaintiff by Patheon Inc.. Responses due by 9/16/2013 (Brochin, Robert)
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Filing 116
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 8/26/2013. Discovery Order to follow. Parties: Alan Rosenthal, attorney for plaintiff, Michael Klisch and (Dee Bansal appeared by phone) attorneys for defendant.(Digital 09:59:37.) (mso)
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Filing 115
NOTICE by Procaps S.A. of Joint Notice Regarding Patheon's Designations of Certain Documents as "Highly Confidential" (Allen, D)
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Filing 114
ENDORSED ORDER concerning August 26, 2013 discovery hearing. In addition to being prepared to discuss the cases cited in the motion to re-designate, the response and notices of supplemental authority, the parties should also be prepared to discuss the following two cases: Giddy Up, LLC v. Prism Graphics, Inc.,, 2007 WL 2460646 (N.D. Tex. Aug. 29, 2007) and Paradigm Alliance, Inc. v. Celeritas Technologies, LLC, 248 F.R.D. 598 (D. Kan. 2008). Signed by Magistrate Judge Jonathan Goodman on 8/23/2013. (JG)
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Filing 113
Clerks Notice to Filer re #112 Notice of Supplemental Authority. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls)
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Filing 112
Notice of Supplemental Authority re #96 MOTION to Require Defendant to Re-Designate "Highly Confidential" Documents by Patheon Inc. (Attachments: #1 Exhibit 1)(Brochin, Robert) Modified Link on 8/23/2013 (ls).
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Filing 111
ORDER granting #109 Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Magistrate Judge Jonathan Goodman on 8/22/2013. (oim)
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Filing 110
Notice of Supplemental Authority by Procaps S.A. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Allen, D)
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SYSTEM ENTRY - Docket Entry 107 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 106 [misc] restricted/sealed until further notice. (nc)
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SYSTEM ENTRY - Docket Entry 108 [misc] restricted/sealed until further notice. (nc)
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Filing 109
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mary Kathryn Kelley. Filing Fee $ 75.00. Receipt # 64128. (ksa)
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Filing 105
NOTICE by Procaps S.A. re #101 Administrative Order of Filing Documents Under Seal (Carlos, Natalie)
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Filing 104
NOTICE by Patheon Inc. of Filing Sealed Material (Brochin, Robert) Modified Text on 8/22/2013 (ls).
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Filing 103
RESPONSE in Opposition re #96 Plaintiff's MOTION to re-designate Highly Confidential documents filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Brochin, Robert)
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Filing 102
Supplemental Administrative Order Regarding 97 Discovery Hearing. Signed by Magistrate Judge Jonathan Goodman on 8/13/2013. (oim)
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Filing 101
Administrative Order regarding 97 Discovery Hearing. Signed by Magistrate Judge Jonathan Goodman on 8/7/2013. (oim)
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Filing 100
ENDORSED ORDER granting #99 Motion to Continue. The 97 Discovery Hearing is reset for 8/26/2013 at 10:00 a.m. Signed by Magistrate Judge Jonathan Goodman on 8/7/2013. (oim)
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Filing 99
Consent MOTION to Continue Hearing by Patheon Inc.. Responses due by 8/26/2013 (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Brochin, Robert) Modified Text on 8/8/2013 (ls).
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Filing 98
TRANSCRIPT of Scheduling Conference Hearing held on 7/25/2013 before Magistrate Judge Jonathan Goodman, 1-49 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/3/2013. Redacted Transcript Deadline set for 9/12/2013. Release of Transcript Restriction set for 11/8/2013. (Attachments: #1 Designation Access Form)(amb)
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Filing 97
ENDORSED ORDER. Defendant shall file a response of no more than 5 pages, excluding certificate of service and signature block, by 8/16/2013 to #96 Plaintiff's Motion to re-designate Highly Confidential documents. No reply is permitted unless specifically authorized by further written court order. A discovery hearing on #96 Plaintiff's Motion to re-designate Highly Confidential documents is set for 8/21/2013 at 10:00 a.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 8/6/2013. (oim)
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Filing 96
Plaintiff's MOTION to re-designate Highly Confidential documents by Procaps S.A.. (Allen, D)
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Filing 95
TRANSCRIPT of Discovery Hearing held on 07-03-13 before Magistrate Judge Jonathan Goodman, 1-33 pages, Court Reporter: Carl Schanzleh, 954-769-5488 / Carl_Schanzleh@flsd.uscourts.gov. (Digital 13:59:33.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/22/2013. Redacted Transcript Deadline set for 9/3/2013. Release of Transcript Restriction set for 10/31/2013. (cs)
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Filing 94
SCHEDULING ORDER: Pretrial Conference set for 5/22/2014, at 10:00 AM in Miami Division, before Magistrate Judge Jonathan Goodman. Jury Trial set for 6/12/2014, at 09:00 AM in Miami Division, before Magistrate Judge Jonathan Goodman. Mediation Deadline 4/28/2014. Signed by Magistrate Judge Jonathan Goodman on 7/26/2013. (cct)
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Filing 93
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Scheduling Conference held on 7/25/2013. Trial Scheduling Order to be issued. (Digital 09:59:54.) (mso)
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Filing 92
ENDORSED ORDER STRIKING #91 Procaps' Notice of Hearing by Attorney. The 90 scheduling conference is strictly limited to scheduling related matters. The parties will have ample time to raise any discovery issues after the entry of this Court's scheduling order and discovery procedures order. Signed by Magistrate Judge Jonathan Goodman on 7/23/2013. (oim)
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Filing 91
STRICKEN NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/25/2013 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman. (Allen, D) Stricken on 7/25/2013 per Order 92 (mg).
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Filing 90
ENDORSED ORDER setting Scheduling Conference for 7/25/2013 at 10:00 a.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Counsel may appear telephonically or in person. If counsel chooses to appear telephonically, then they shall abide by the following call-in procedure: plaintiff's counsel will arrange and place the call in to Chambers at 305-523-5720 with all other counsel already on the line shortly before the hearing time. No cellular telephone use is permitted. All counsel shall have their calendars available so that the Court can pinpoint a new trial date workable to all counsel and the Court. Signed by Magistrate Judge Jonathan Goodman on 7/19/2013. (oim)
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Filing 89
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Trial. Judge Donald L. Graham no longer assigned as presider/referral judge(s) in case. Signed by Judge Donald L. Graham on 7/18/2013. (ls)
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Filing 88
CONSENT to Jurisdiction by US Magistrate Judge by Procaps S.A. (Carlos, Natalie)
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Filing 87
DISCOVERY ORDER following 85 July 3, 2013 discovery hearing. Signed by Magistrate Judge Jonathan Goodman on 7/3/2013. (oim)
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Filing 86
Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 7/3/2013. (oim) Modified by Sealing Document per 814 Order on 7/20/2015 (nc). Modified by Unsealing Document per Chambers on 8/14/2015 (nc).
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Filing 85
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 7/3/2013. Order to follow. Parties present: Alan Rosenthal, attorney for Plaintiff. Robert Brochin and Michael Klisch, attorneys for Defendant and Marc Schildkraut with Cooley, LLP. (Digital 13:59:33.) (mso)
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Filing 84
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/3/2013 02:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Brochin, Robert)
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Filing 83
ENDORSED ORDER concerning July 3, 2013 discovery hearing. The upcoming discovery hearing will address the parties' proposed joint confidentiality order. The Undersigned has reviewed the proposed order and notes that it does not follow the procedures established by Local Rule 5.4 for the filing of documents under seal. Moreover, it appears to give the parties themselves complete discretion to seal any and all documents filed with the Court, and this suggested arrangement therefore appears to flout the fundamental public policy principle outlined in section (a) of the local rule. Under the general policy paragraph, the local rule notes that "Court filings are matters of public record," unless "otherwise provided by law, Court rule or Court order." As currently phrased, the parties' proposal appears designed to rely on the "Court order" exception to the presumptive policy of public access expressed in the local rule. Given this dynamic, the parties should be prepared to discuss at the hearing the Undersigned's concerns about giving the parties, instead of the Court, the ability to unilaterally (without any involvement of a judge whatsoever) keep secret documents filed with the Court. The parties should likewise be ready to proffer an agreed substitute procedure concerning purportedly confidential materials so that it follows section (b) of the local rule. The Undersigned encourages counsel to begin these discussions sooner, rather than later, and, if possible, to submit a revised proposal to chambers before the hearing. Signed by Magistrate Judge Jonathan Goodman on 06/26/2013. (JG)
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Filing 82
NOTICE of Attorney Appearance by D Matthew Allen on behalf of Procaps S.A.. Attorney D Matthew Allen added to party Procaps S.A.(pty:pla). (Allen, D)
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Filing 81
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/3/2013 02:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Coutroulis, Chris)
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Filing 80
ENDORSED ORDER setting Discovery Hearing for 7/2/2013 at 2:00 p.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Counsel may appear telephonically or in person. If counsel chooses to appear telephonically, then they shall abide by the following call-in procedure: plaintiff's counsel will arrange and place the call in to Chambers at 305-523-5720 with all other counsel already on the line shortly before the hearing time. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 6/24/2013. (oim)
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ENDORSED ORDER resetting 80 Discovery Hearing for 7/3/2013 at 2:00 p.m. in the Miami Division before Magistrate Judge Jonathan Goodman. (oim)
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Filing 79
ENDORSED ORDER striking #78 Joint Motion for Protective Order. The Undersigned understands that this motion is a joint one and that no party opposes it. Nevertheless, Judge Graham's discovery procedures order [ECF No. 48] prohibits the filing of discovery motions, including motions for protective order, absent a direction by the Court at the discovery calendar. No such order has been entered. The parties are already familiar with Judge Graham's discovery procedures order and the administrative steps to take in order to obtain a discovery calendar hearing. Given the agreed nature of the relief sought, the Undersigned is certainly willing to hold a telephone hearing to discuss the proposed protective order after the parties follow the procedures outlined in Judge Graham's order concerning discoery. Signed by Magistrate Judge Jonathan Goodman on 6/20/2013. (JG)
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Filing 78
STRICKEN Joint MOTION for Protective Order Stipulated Confidentiality Order by Procaps S.A.. (Attachments: #1 Exhibit A)(Coutroulis, Chris) Modified Text on 6/21/2013 (ls). Stricken on 6/24/2013 per Order 79 (mg).
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Filing 77
ORDER granting conditionally #73 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 5/16/2013. (ls)
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Filing 76
ENDORSED ORDER cancelling 68 the May 17, 2013 discovery hearing before the Undersigned pursuant to #75 Defendant's Notice/Request for cancellation. Signed by Magistrate Judge Jonathan Goodman on 5/16/2013. (oim)
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Filing 75
NOTICE by Patheon Inc. re 68 Endorsed Order, Set/Reset Hearings Requesting Cancellation of Discovery Hearing Before Magistrate Judge Goodman (Brochin, Robert) Modified on 5/17/2013 (ls).
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Filing 74
NOTICE by Patheon Inc. re 72 Order,,,,, of Authorities for Discovery Hearing before Magistrate Judge Goodman on May 17, 2013 (Brochin, Robert) Modified Text on 5/16/2013 (ls).
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Filing 73
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Meredith M. Snyder. Filing Fee $ 75.00. Receipt # 58955. (ksa)
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Filing 72
ENDORSED ORDER concerning upcoming discovery hearing. Pursuant to Judge Graham's discovery procedures order, the parties may not file discovery motions absent court order. Consistent with this court-ordered procedure, Defendant has scheduled a discovery hearing on this Court's May 17, 2013 discovery calendar. If any party wishes to call the Court's attention to any case law or other authority at the hearing, then it shall file a notice of authorities by May 15, 2013. The notice may not contain any argument, though the party filing the notice may, if it wishes, include a brief parenthetical summary of the relevant holding. The Court will not consider any authorities not listed in the notice. In addition, the Court is reminding the parties of its practice to follow Fed. R. Civ. Pro. 37, which requires the entry of an award for fees and costs to the party prevailing in a discovery dispute, absent the existence of one or more of a limited number of exceptions to the presumptive costs award. The Court therefore encourages the parties to discuss (i.e., an actual, old fashioned, old school conversation , as opposed to an email or text message exchange) once again the dispute, in an effort to eliminate the need for a hearing. The parties should designate an appropriate person to timely contact the court to cancel the hearing if further discussions resolve the dispute. Signed by Magistrate Judge Jonathan Goodman on 5/13/2013. (JG)
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Filing 71
ENDORSED ORDER granting #70 Defendant's unopposed Motion for Leave to Appear telephonically at 68 the May 17, 2013 discovery hearing before the Undersigned. Defendant's counsel shall abide by the following call-in procedure: Lead Defendant's counsel will arrange and place the call to Chambers at 305-523-5720 with all other defense counsel already on the line shortly before the hearing time. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 5/13/2013. (oim)
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Filing 70
Agreed MOTION for Leave to Appear Telephonically at May 17, 2013 Discovery Hearing. Attorney: Michael J. Klisch by Patheon Inc.. Responses due by 5/31/2013 (Attachments: #1 Text of Proposed Order)(Brochin, Robert)
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Filing 69
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 5/17/2013 03:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Brochin, Robert)
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Filing 68
ENDORSED ORDER setting Discovery Hearing for 5/17/2013 at 3:00 p.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 5/10/2013. (oim)
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Filing 67
ORDER granting conditionally #61 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 5/6/2013. (ls)
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Filing 66
ORDER granting conditionally #60 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 5/6/2013. (ls)
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Filing 65
ORDER denying as moot #58 Motion to Strike #52 Answer to Complaint/Affirmative Defenses and Reservation of Rights. Signed by Judge Donald L. Graham on 4/30/2013. (ls)
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Filing 64
RESPONSE in Opposition re #58 Plaintiff's MOTION to Strike #52 Answer to Complaint /Plaintiff's Motion to Strike Defendant's Affirmative Defenses and Reservation of Rights filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
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Filing 63
Amended ANSWER and Affirmative Defenses to Complaint by Patheon Inc..(Brochin, Robert)
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Filing 62
NOTICE by Patheon Inc. re #52 Answer to Complaint of Filing Amended Answer to Complaint (Brochin, Robert) Modified on 4/30/2013 (ls).
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Filing 61
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mazda K. Antia. Filing Fee $ 75.00. Receipt # 5800. (ksa)
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Filing 60
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael J. Klisch. Filing Fee $ 75.00. Receipt # 58000. (ksa)
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Filing 59
ORDER granting #57 Agreed Motion for Extension of Time to File Motion to Strike Defendant's Affirmative Defenses; Motion due 4/11/2013. Signed by Judge Donald L. Graham on 4/11/2013. (ls)
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Filing 58
Plaintiff's MOTION to Strike #52 Answer to Complaint by Procaps S.A.. Responses due by 4/29/2013 (Carlos, Natalie)
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Filing 57
Agreed MOTION for Extension of Time to file motion to strike defendant's affirmative defenses by Procaps S.A.. Responses due by 4/22/2013 (Attachments: #1 Text of Proposed Order)(Rosenthal, Alan) Modified on 4/5/2013 (ls).
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Filing 56
ORDER Granting re #54 Unopposed MOTION to Withdraw as Attorney by Kathryn H. Christian. filed by Procaps S.A. Signed by Judge Donald L. Graham on 4/1/2013. (ls)
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Filing 55
ORDER granting #54 Unopposed Motion to Withdraw as Attorney. Attorney Kathryn Harrigan Christian terminated. Signed by Judge Donald L. Graham on 4/1/2013. (ls)
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Filing 54
Unopposed MOTION to Withdraw as Attorney by Kathryn H. Christian. by Procaps S.A.. Responses due by 4/15/2013 (Christian, Kathryn)
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Filing 53
NOTICE of Mediator Selection: Michael Nachwalter selected.(Coutroulis, Chris)
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Filing 52
Patheon Inc.'s ANSWER and Affirmative Defenses to Complaint by Patheon Inc..(Brochin, Robert)
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Filing 51
ORDER denying #43 Motion to Stay Discovery Pending the Court's Decision on Patheon's Motion to Dismiss. Signed by Judge Donald L. Graham on 2/26/2013. (ls) (Main Document 51 replaced on 2/27/2013) (ls).
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Filing 50
ORDER denying #34 Motion to Dismiss #1 Complaint for Failure to State a Claim; denying as moot #42 Joint Motion for Hearing re #34 Motion to Dismiss #1 Complaint for Failure to State a Claim. Signed by Judge Donald L. Graham on 2/22/2013. (ls)
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Filing 49
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman of Motions. Signed by Judge Donald L. Graham on 2/22/2013. (ls)
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Filing 48
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Proceedings. Signed by Judge Donald L. Graham on 2/22/2013. (ls)
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Filing 47
ORDER REFERRING CASE to Mediation. Signed by Judge Donald L. Graham on 2/22/2013. (ls)
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Filing 46
SCHEDULING ORDER: Telephonic Pretrial Conference set for 10/30/2013 02:00 PM before Judge Donald L. Graham. Jury Trial set for 12/2/2013 in Miami Division before Judge Donald L. Graham. Telephonic Calendar Call set for 11/27/2013 02:00 PM before Judge Donald L. Graham. Amended Pleadings due by 6/10/2013. All Discovery due by 9/16/2013. Joinder of Parties due by 6/10/2013. Motions due by 9/23/2013. Pretrial Stipulation due by 10/25/2013. Signed by Judge Donald L. Graham on 2/22/2013. (ls)
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Filing 45
Minute Entry for proceedings held before Judge Donald L. Graham: Status Conference held on 2/20/2013. Court Reporter: Tammy Nestor, 305-523-5635 (cf)
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Filing 44
ORDER re #39 Notice of Voluntary Dismissal filed by Procaps S.A., Denying as Moot #35 MOTION to Dismiss #1 Complaint filed by Banner Pharmacaps Europe B.V., Sobel USA, Inc.., Dismissing without prejudice defendants Sobel, USA, Inc., and Banner Pharmacaps Europe, B.V.; Banner Pharmacaps Europe B.V. (a Netherlands private limited liability company) and Sobel USA, Inc. (a Delaware corporation) terminated. Signed by Judge Donald L. Graham on 2/14/2013. (ls)
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Filing 43
MOTION to Stay Discovery Pending the Court's Decision on Patheon's Motion to Dismiss and Incorporated Memorandum of Law by Patheon Inc.. Responses due by 3/8/2013 (Attachments: #1 Text of Proposed Order)(Brochin, Robert)
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Filing 42
Joint MOTION for Hearing re #34 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM , by Patheon Inc., Procaps S.A.. (Carlos, Natalie) Modified Links on 2/19/2013 (ls).
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Filing 41
STATUS REPORT (JOINT) by Patheon Inc., Procaps S.A. (Carlos, Natalie)
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Filing 40
REPLY to Response to Motion re #34 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Patheon Inc.. (Brochin, Robert)
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Filing 39
NOTICE of Voluntary Dismissal without prejudice of Defendants Sobel, USA, Inc., and Banner Pharmacaps Europe, B.V. by Procaps S.A. (Carlos, Natalie) Modified Text on 2/1/2013 (ls).
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Filing 38
RESPONSE in Opposition re #35 MOTION to Dismiss #1 Complaint filed by Procaps S.A.. (Carlos, Natalie)
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Filing 37
RESPONSE in Opposition re #34 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Procaps S.A.. (Carlos, Natalie)
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Filing 36
NOTICE of Telephonic Status Conference, ( Telephonic Status Conference set for 2/20/2013 02:00 PM before Judge Donald L. Graham.) Signed by Judge Donald L. Graham on 1/18/2013. (ls)
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Filing 35
MOTION to Dismiss #1 Complaint by Banner Pharmacaps Europe B.V., Sobel USA, Inc.. Responses due by 1/31/2013 (Attachments: #1 Memorandum of Law in Support, #2 Text of Proposed Order)(Brochin, Robert) Modified on 1/15/2013 (ls).
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Filing 34
MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Patheon Inc.. Responses due by 1/31/2013 (Attachments: #1 Memorandum of Law in Support), #2 Text of Proposed Order)(Brochin, Robert) Modified on 1/15/2013 (ls).
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Filing 33
Clerks Notice to Filer re #31 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#32]. It is not necessary to refile this document. (ls)
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Filing 32
NOTICE (Stipulation) of Substitution of Attorney Robert Mark Brochin for Banner Pharmacaps Europe B.V., Robert Mark Brochin for Patheon Inc., Robert Mark Brochin for Sobel USA, Inc. as Counsel, Prior Counsel of Record Derek Eduardo Leon (ls)(See Image at DE #31 )
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Filing 31
NOTICE by Banner Pharmacaps Europe B.V., Patheon Inc., Sobel USA, Inc. of Change of Counsel (Brochin, Robert)
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Filing 30
ORDER granting #26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 1/7/2013. (ls)
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Filing 29
ORDER granting #25 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Donald L. Graham on 1/7/2013. (ls)
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Filing 28
ORDER granting #24 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Signed by Judge Donald L. Graham on 1/4/2013. (ots)
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Filing 27
ORDER granting #23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Signed by Judge Donald L. Graham on 1/4/2013. (ots)
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Filing 26
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marc Schildkraut. Filing Fee $ 75.00. Receipt # 51308. (ksa)
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Filing 25
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Howard Morse. Filing Fee $ 75.00. Receipt # 51308. (ksa)
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Filing 24
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David A. Vogel. Filing Fee $ 75.00. Receipt # 50838. (ksa)
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Filing 23
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Douglas P. Lobel. Filing Fee $ 75.00. Receipt # 50838. (ksa)
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Filing 22
ORDER granting in part #19 Motion for Extension of Time to Answer RE: Complaints Banner Pharmacaps Europe B.V. answer due 1/12/2013; Patheon Inc. answer due 1/12/2013; Sobel USA, Inc. answer due 1/12/2013. Signed by Judge Donald L. Graham on 12/21/12. (tp)
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Filing 21
ORDER denying without prejudice #13 Plaintiff's Motion to Expedite Discovery. Signed by Magistrate Judge Jonathan Goodman on 12/21/2012. (oim)
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Filing 20
Corporate Disclosure Statement by Banner Pharmacaps Europe B.V., Patheon Inc. identifying Corporate Parent Patheon, Inc. for Banner Pharmacaps Europe B.V., Patheon Inc. (Leon, Derek)
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Filing 19
MOTION for Extension of Time to File Answer RE: Complaints re #1 Complaint by Banner Pharmacaps Europe B.V., Patheon Inc.. (Attachments: #1 Text of Proposed Order)(Leon, Derek)
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Filing 18
RESPONSE in Opposition re #13 Plaintiff's MOTION to Expedite Discovery and Incorporated Memorandum of Law filed by Banner Pharmacaps Europe B.V., Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Leon, Derek)
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Filing 17
NOTICE of Attorney Appearance by Derek Eduardo Leon on behalf of Sobel USA, Inc. (Leon, Derek)
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Filing 16
ENDORSED, PAPERLESS ORDER on Plaintiff's Motion to Expedite Discovery [ECF No. 13]. U.S. District Judge Donald L. Graham referred the motion to the Undersigned this afternoon. After the referral, attorney Derek Leon filed a notice of appearance which explained that the notice was being filed "subject to and without waiving any defenses..." Because the motion seeks expedited discovery, Defendants Patheon Inc. and Banner Pharmacaps Europe B.V. shall file a response to the motion by noon on Friday, December 21, 2012. Defendants' filing of this Court-ordered memorandum in response to the motion shall not constitute a waiver of any defenses which Defendants have or might have in the case. No further briefing is permitted absent further Order. Signed by Magistrate Judge Jonathan Goodman on 12/19/2012. (JG)
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Filing 15
NOTICE of Attorney Appearance by Derek Eduardo Leon on behalf of Banner Pharmacaps Europe B.V., Patheon Inc. (Leon, Derek)
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Filing 14
ORDER REFERRING MOTION: #13 Plaintiff's MOTION to Expedite Discovery and Incorporated Memorandum of Law filed by Procaps S.A. Motions referred to Jonathan Goodman. Signed by Judge Donald L. Graham on 12/19/2012. (ls)
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Filing 13
Plaintiff's MOTION to Expedite Discovery and Incorporated Memorandum of Law by Procaps S.A.. (Attachments: #1 Exhibit Proposed First Request for Production of Documents)(Carlos, Natalie)
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Filing 12
Summons Reissued as to Patheon Inc.. (ls)
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Filing 11
NOTICE of Filing Proposed Summons(es) to Defendant Patheon Inc. by Procaps S.A. (Attachments: #1 Summon(s) Alias Summons to Defendant Patheon Inc.)(Christian, Kathryn)
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SYSTEM ENTRY - Docket Entry 10 [order] restricted/sealed until further notice. (nc)
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Filing 8
Summons Issued as to Banner Pharmacaps Europe B.V.. (ls)
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Filing 7
Summons Issued as to Sobel USA, Inc.. (ls)
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Filing 6
Summons Issued as to Patheon Inc.. (ls)
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SYSTEM ENTRY - Docket Entry 9 [motion] restricted/sealed until further notice. (nc)
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Filing 5
NOTICE of Filing Proposed Summons(es) by Procaps S.A. (Attachments: #1 Summon(s) to Patheon, Inc., #2 Summon(s) to Sobel USA, Inc., #3 Summon(s) to Banner Pharmacaps Europe B.V.)(Carlos, Natalie)
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Filing 4
NOTICE by Procaps S.A. of Civil Cover Sheet (Rosenthal, Alan)
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Filing 3
Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (jua)
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Filing 2
Judge Assignment to Judge Donald L. Graham (jua)
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Filing 1
COMPLAINT against All Defendants. Filing fee $ 350.00 receipt number 113C-5297224, filed by Procaps S.A..(Rosenthal, Alan)
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