Thermolife International, LLC v. Hi-Tech Pharmaceuticals, Inc. et al
Plaintiff: Thermolife International, LLC
Defendant: Hi-Tech Pharmaceuticals, Inc, Jared Wheat and I'llpumpyouup.com
3Rd Party Defendant: Ron Kramer
3Rd Party Plaintiff: Hi-Tech Pharmaceuticals, Inc.
Special Master: Anthony Askew
Case Number: 1:2015cv00894
Filed: March 27, 2015
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: XX US, Outside State
Presiding Judge: Eleanor L Ross
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 145
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2020 Opinion or Order Filing 109 ORDER: The Court OVERRULES Defendants' (376) Objections to the R&R and ADOPTS the (375) R&R in case 1:15-cv-00892-ELR as the opinion of this Court. In light of the rulings herein, the Court CANCELS the tentatively scheduled hearing in this matter currently set for Wednesday, April 29, 2020, at 9:30 a.m. Signed by Judge Eleanor L. Ross on 4/28/2020. (Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR) (jap) Modified on 4/28/2020 to edit text (jap).
April 9, 2020 Opinion or Order Filing 108 ORDER granting 379 Motion to Amend in case 1:15-cv-00892-ELR. The Court GRANTS the Parties' motion and AMENDS the previously entered scheduling order as follows: Within thirty (30) days of the Court's issuance of its claim construction order, the Parties will meet, confer, and submit a proposed schedule for the remaining deadlines in this case. Signed by Judge Eleanor L. Ross on 4/9/2020. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jed) Modified on 4/9/2020 to edit text (jed).
March 26, 2020 Opinion or Order Filing 107 ORDER granting (377) Motion for Extension of Time in case 1:15-cv-00892-ELR. The time within which Plaintiff ThermoLife may file its Response to Defendant Hi-Tech's Objections to Special Master Report and Recommendation is extended by fourteen (14) days, through and including April 14, 2020. Additionally, in the event the Court determines a hearing to be necessary in this matter, the Court tentatively SCHEDULES such hearing to take place on April 29, 2020, at 9:30 a.m. in Courtroom 1788, United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia 30303. Signed by Judge Eleanor L. Ross on 3/25/2020. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR (jap)
March 26, 2020 Set Deadlines/Hearings: Tentative Hearing set for 4/29/2020 at 09:30 AM in Courtroom 1788 before Judge Eleanor L. Ross. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR (jap)
July 19, 2019 Opinion or Order Filing 106 ORDER granting (350) Motion for Extension of Time. Defendants may file a memorandum of law in support of its Motion for Summary Judgment, which is expected to be filed on or before July 19, 2019, not to exceed fifty (50) pages. Plaintiff shall have up to and including August 22, 2019 to respond to Defendants Motion for Summary Judgment, which may also not exceed fifty (50) pages. Defendants shall have up to and including September 16, 2019 to file a reply brief in support of its Motion for Summary Judgment. Signed by Judge Eleanor L. Ross on 7/19/19. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa)
July 8, 2019 Opinion or Order Filing 105 ORDER granting (348) Motion for Extension of Time in case 1:15-cv-00892-ELR. Defendants' opposition to the Motion to Stay shall be filed on or before Monday, July 15, 2019. Plaintiff's reply in support of the Motion to Stay shall be filed on or before Monday, July 29, 2019. Signed by Judge Eleanor L. Ross on 7/8/19. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa)
March 13, 2019 Opinion or Order Filing 104 ORDER granting (329) Motion for Extension of Time through 4/1/19 to respond to Plaintiff's Motion to Dismiss and Ron Kramer's Motion to Dismiss; granting (329) Motion for Leave to File Excess Pages in case 1:15-cv-00892-ELR. Signed by Judge Eleanor L. Ross on 3/13/19. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa)
November 13, 2018 Opinion or Order Filing 103 STIPULATED PROTECTIVE ORDER. Signed by Judge Eleanor L. Ross on 11/13/2018. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR (cmd)
August 10, 2018 Opinion or Order Filing 102 ORDER governing the scope and duties of the Special Master. The Clerk is directed to ADMINISTRATIVELY CLOSE this case. Upon the Special Master's filing of any Report & Recommendation, the parties shall move to reopen this case. The Court further ORDERS that objections to the Special Master's Report(s) & Recommendation(s) shall be due within TWENTY-ONE (21) DAYS of the filing of a Report & Recommendation. Responses shall be due FOURTEEN (14) DAYS after the filing of any objections. Any filing must be in accordance with this Court's Local Rules and with the Undersigned's instructions. Signed by Judge Eleanor L. Ross on 8/10/18. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa)
August 10, 2018 Civil Case Terminated. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa)
August 3, 2018 Opinion or Order Filing 101 ORDER REFERRING CASE to Special Master Anthony "Tony" Askew. The Court ORDERS Mr. Askew to confirm, pursuant to Federal Rule of Civil Procedure 53(a)(2) and 53(b)(3), that he has no conflict within seven (7) days from the date of entry of this order. Signed by Judge Eleanor L. Ross on 8/3/2018. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd)
August 3, 2018 Clerk's Certificate of Mailing as to Anthony Askew re (297 in 1:15-cv-00892-ELR, 146 in 1:15-cv-00893-ELR, 101 in 1:15-cv-00894-ELR) Order Referring Case to Special Master. Notice of street name change for the Atlanta courthouse included. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd)
July 27, 2018 Submission of (294 in 1:15-cv-00892-ELR, 145 in 1:15-cv-00893-ELR, 100 in 1:15-cv-00894-ELR) Order to District Judge Eleanor L. Ross. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd)
July 5, 2018 Opinion or Order Filing 100 ORDER: In light of the apparent complexities of this case, the Court puts the parties on notice that the Court will likely appoint a special master to consider the motions to dismiss, and to preside over any hearing held on those motions, if necessary. Accordingly, the Court DIRECTS any party to submit objections to the Court's decision to appoint a special master within seven (7) days from the date of entry of this order. Moreover, the Court DIRECTS the parties, within twenty-one (21) days from the date of entry of this order, either (A) to each file with the Court a notice of a list of three (3) possible special masters from which the Court will choose a special master or (B) to file a joint notice indicating the special master agreed upon by all parties. The Court DIRECTS the Clerk to resubmit this matter after twenty-one (21) days. Signed by Judge Eleanor L. Ross on 7/5/2018. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd)
May 15, 2018 Opinion or Order Filing 99 ORDER GRANTING #98 Attorney Kalman Magyar's Motion to Withdraw as Co-Counsel for Plaintiff. Signed by Judge Eleanor L. Ross on 5/15/2018. (cmd)
May 10, 2018 Filing 98 MOTION to Withdraw Kalman Magyar as Attorney by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1: Certificate of Consent to Withdrawal)(Magyar, Kalman) Modified on 5/11/2018 to edit text. (cmd)
May 9, 2018 Opinion or Order Filing 97 ORDER GRANTING #95 Motion to Withdraw as Attorney. Attorney Katrina M. Quicker terminated. Signed by Judge Eleanor L. Ross on 5/9/18. (bnw)
May 9, 2018 Opinion or Order Filing 96 ORDER GRANTING #94 Motion to Withdraw as Attorney. Attorney Jason Paul Grier terminated. Signed by Judge Eleanor L. Ross on 5/9/18. (bnw)
May 8, 2018 Filing 95 MOTION to Withdraw Katrina M. Quicker as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Certificate of Consent)(Quicker, Katrina)
May 8, 2018 Filing 94 MOTION to Withdraw Jason Paul Grier as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Certificate of Consent)(Grier, Jason)
April 19, 2018 Opinion or Order Filing 93 ORDER denying Attorney Jason P. Grier's Motion to Withdraw Appearance of Co-Counsel #91 and denying Attorney Katrina M. Quicker's Motion to Withdraw Appearance of Co-Counsel #92 . Signed by Judge Eleanor L. Ross on 4/19/18. (jpa)
April 13, 2018 Filing 92 MOTION to Withdraw Katrina M. Quicker as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Quicker, Katrina)
April 13, 2018 Filing 91 MOTION to Withdraw Jason Paul Grier as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Grier, Jason)
August 28, 2017 Opinion or Order Filing 90 ORDER GRANTING the (222) Motion to Consolidate Cases in case 1:15-cv-00892-ELR; the (134) Motion to Consolidate Cases in case 1:15-cv-00893-ELR; and the (89) Motion to Consolidate Cases in case 1:15-cv-00894-ELR. The parties shall hereafter treat Case No. 1:15-cv-00892-ELR as the lead action for all future filings. Signed by Judge Eleanor L. Ross on 8/25/2017. Associated Cases: 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd)
August 25, 2017 Submission of #89 Consent MOTION to Consolidate Cases 1:15-cv-00892-ELR; 1:15-cv-00893-ELR and 1:15-cv-00894-ELR to District Judge Eleanor L. Ross. (cmd)
August 23, 2017 Filing 89 Consent MOTION to Consolidate Cases 1:15-cv-00892-ELR; 1:15-cv-00893-ELR and 1:15-cv-00894-ELR by Thermolife International, LLC. (Dilger, Nathaniel)
August 7, 2017 Opinion or Order Filing 88 ORDER GRANTING the #87 Consent Motion and LIFTING the stay in this action. Signed by Judge Eleanor L. Ross on 8/7/2017. (cmd)
August 7, 2017 Clerk's Certificate of Mailing as to Attorney Nathaniel Dilger re #88 Order. Notice of street name change for the Atlanta courthouse included. (cmd)
August 3, 2017 Submission of #87 Consent MOTION for Order Lifting Stay to District Judge Eleanor L. Ross. (btql)
August 3, 2017 Opinion or Order MINUTE ORDER (by docket entry only) GRANTING #85 Application for Admission Pro Hac Vice filed by Nathaniel L. Dilger. Approved by District Judge Eleanor L. Ross on 8/3/17. (mlb)
August 3, 2017 Clerks Certificate of Mailing to Attorney Nathaniel L. Dilger as to Thermolife International, LLC regarding Order on Application for Admission PHV. Notice of street name change for the Atlanta courthouse included. (mlb)
August 2, 2017 Filing 87 Consent MOTION for Order Lifting Stay by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Jones, Cammi)
August 2, 2017 APPROVAL by Clerks Office re: #85 APPLICATION for Admission of Nathaniel L Dilger Pro Hac Vice (Application fee $ 150, receipt number 113E-7272951). Attorney Nathaniel L. Dilger added appearing on behalf of Thermolife International, LLC (pmb)
July 20, 2017 Filing 86 NOTICE of Appearance by Thomas Charles Lundin, Jr on behalf of Thermolife International, LLC (Lundin, Thomas)
July 18, 2017 Filing 85 APPLICATION for Admission of Nathaniel L Dilger Pro Hac Vice (Application fee $ 150, receipt number 113E-7272951)by Thermolife International, LLC. (Jones, Cammi)
July 18, 2017 Filing 84 NOTICE of Appearance by Cammi Ryan Jones on behalf of Thermolife International, LLC (Jones, Cammi)
July 11, 2017 Filing 83 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason)
March 15, 2017 Filing 82 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason)
November 14, 2016 Filing 81 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason)
July 26, 2016 Filing 80 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb)
July 11, 2016 Filing 79 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason)
July 6, 2016 Opinion or Order Filing 78 ORDER: Accordingly, the Court DENIES Defendant Jared Wheat's Motion to Dismiss for Failure to State a Claim #44 , Third-Party Defendant Ron Kramer's Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim #53 , and Defendant Hi-Tech Pharmaceutical's Motion for Sanctions #72 . The Parties may refile these motions after the USPTO proceedings have concluded. Signed by Judge Eleanor L. Ross on 7/6/16. (bnw)
March 11, 2016 Filing 77 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason)
December 7, 2015 Filing 76 REPLY BRIEF re #72 MOTION for Sanctions filed by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Parker, Cynthia)
December 1, 2015 Submission of #72 MOTION for Sanctions. Submitted to District Judge Eleanor L. Ross. (bdb)
November 19, 2015 Filing 75 RESPONSE in Opposition re #72 MOTION for Sanctions filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - NDGA Order, #2 Exhibit B - Wheat Dep. Excerpt)(Grier, Jason)
November 9, 2015 Notification of Docket Correction re #73 Order on Motions. Entry corrected to attached Order with correct date for parties to file status report: The Parties are DIRECTED to file a status report every four (4) months, beginning March 11, 2016, to update the Court as to the progress of the reexamination proceedings. (mdy)
November 9, 2015 Submission of #53 MOTION to Dismiss for Lack of Personal Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Submitted to District Judge Eleanor L. Ross. (bdb)
November 6, 2015 Filing 74 REPLY BRIEF re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jared Wheat. (Leach, Arthur)
November 5, 2015 Opinion or Order Filing 73 ORDER that: 1) Defendants' Motion to Stay (Doc. No. #48 ) pending the USPTO's reexamination of the patents-in-suit is GRANTED. The Parties are DIRECTED to file a status report every four (4) months, beginning March 11, 2015, to update the Court as to the progress of the reexamination proceedings. 2) The following Motions are DENIED with permission to refile: Doc. Nos. #23 , #31 , #32 , #46 , and #47 . The Parties may reactivate any of these Motions after the Court lifts the stay on these proceedings. 3) For good cause shown, Plaintiff's Motion to File Document Under Seal (Doc. No. #39 ) is GRANTED. Plaintiff may file its exhibit entitled "Agreement for Purchase and Sale of APS Distribution" under seal. Additionally, Plaintiff may redact any statements relying on that exhibit from its brief opposing Jared Wheat's Motion for Rule 11 Sanctions. The Court reserves the right, upon notice to the Parties, to lift this seal at any time. 4) Despite the stay of this action, the Court will take the following Motions under advisement: Doc. Nos. #44 , #53 , and #72 . Briefing in respect to these Motions SHALL NOT be affected by the stay. Signed by Judge Eleanor L. Ross on 11/5/2015. (tcc) (Additional attachment(s) added on 11/9/2015: #1 Order) (mdy).
November 3, 2015 Submission of #48 MOTION to Stay of Proceedings, submitted to District Judge Eleanor L. Ross. (jtj)
November 2, 2015 Filing 72 MOTION for Sanctions with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Text of Proposed Order)(Leach, Arthur)
November 2, 2015 Filing 71 REPLY BRIEF re #48 MOTION to Stay of Proceedings filed by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Leach, Arthur)
October 29, 2015 Opinion or Order Filing 70 ORDER granting #69 Defendant Hi-Tech Pharmaceuticals, Inc.'s Unopposed Motion for Extension of Time to Reply in support of #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Wheat's reply in support of #46 MOTION to Amend #10 Answer to Complaint, Third Party Complaint, Counterclaim to 11/6/2015. Signed by Judge Eleanor L. Ross on 10/29/2015. (bdb)
October 28, 2015 Filing 69 MOTION for Extension of Time to File Replies re: #65 Response in Opposition to Motion, #66 Response in Opposition to Motion by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia)
October 26, 2015 Filing 68 REPLY BRIEF re #53 MOTION to Dismiss for Lack of Personal Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ron Kramer. (Grier, Jason)
October 15, 2015 Filing 67 RESPONSE in Opposition re #48 MOTION to Stay of Proceedings filed by Thermolife International, LLC. (Grier, Jason)
October 15, 2015 Filing 66 RESPONSE in Opposition re #46 MOTION to Amend #10 Answer to Complaint, Third Party Complaint, Counterclaim,,, filed by Thermolife International, LLC. (Grier, Jason)
October 15, 2015 Filing 65 RESPONSE in Opposition re #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - Wheat Dep. Tr.)(Grier, Jason)
October 13, 2015 Filing 64 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Hi-Tech Pharmaceuticals, Inc..(Leach, Arthur)
October 13, 2015 Filing 63 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Jared Wheat.(Leach, Arthur)
October 8, 2015 Filing 62 RESPONSE in Opposition re #53 MOTION to Dismiss for Lack of Personal Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hi-Tech Pharmaceuticals, Inc. (Leach, Arthur)
October 7, 2015 Opinion or Order Filing 61 ORDER denying as moot #29 Plaintiff's Motion to Permit Alternative Methods of Service of Process and for Additional Time to Serve Defendant Jared Wheat. Signed by Judge Eleanor L. Ross on 10/7/2015. (bdb)
October 5, 2015 Opinion or Order Filing 60 ORDER granting #52 Defendants' Emergency Motion to Hold All Obligations and Deadlines Under the Local Patent Rules in Abeyance (temporarily STAYED) Pending Resolution of Defendants' #48 Motion to Stay this action. Signed by Judge Eleanor L. Ross on 10/5/2015. (bdb)
October 1, 2015 Submission of #52 Emergency MOTION to Stay Local Patent Rules. Submitted to District Judge Eleanor L. Ross. (bdb)
September 29, 2015 Filing 59 REPLY BRIEF re #52 Emergency MOTION to Stay Local Patent Rules filed by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leach, Arthur)
September 28, 2015 Filing 58 RESPONSE in Opposition re #52 Emergency MOTION to Stay Local Patent Rules filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - Sept. 18, 2015 Email)(Grier, Jason)
September 25, 2015 Opinion or Order Filing 57 ORDER granting #56 Unopposed Motion for Extension of Time to respond to #48 MOTION to Stay of Proceedings, #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #46 MOTION to Amend #10 Answer to Complaint, Third Party Complaint and Counterclaim to 10/15/2015. Signed by Judge Eleanor L. Ross on 9/25/2015. (bdb)
September 24, 2015 Filing 56 Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss, Motion to Amend, and Motion to Stay by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Grier, Jason)
September 23, 2015 Filing 55 CERTIFICATE OF SERVICE of Initial Disclosures by Jared Wheat.(Leach, Arthur)
September 22, 2015 Opinion or Order Filing 54 ORDER re #52 Emergency MOTION to Stay Local Patent Rules filed by Hi-Tech Pharmaceuticals, Inc. Plaintiff Response to Motion due by 9/28/2015. Defendant Reply Brief due by 9/30/2015. Signed by Judge Eleanor L. Ross on 9/22/2015. (bdb)
September 21, 2015 Filing 53 MOTION to Dismiss for Lack of Personal Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ron Kramer. (Attachments: #1 Brief, #2 Exhibit A - Kramer Decl., #3 Text of Proposed Order)(Grier, Jason)
September 21, 2015 Filing 52 Emergency MOTION to Stay Local Patent Rules with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia)
September 17, 2015 Filing 51 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Jared Wheat by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 50 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Hi-Tech Pharmaceuticals, Inc. by Thermolife International, LLC.(Grier, Jason)
September 16, 2015 Filing 49 CERTIFICATE OF SERVICE of Initial Disclosures by Hi-Tech Pharmaceuticals, Inc..(Leach, Arthur)
September 15, 2015 Filing 48 MOTION to Stay of Proceedings with Brief In Support by Hi-Tech Pharmaceuticals, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Text of Proposed Order)(Parker, Cynthia)
September 15, 2015 Filing 47 MOTION for Leave to File Excess Page Limitation in his Reply to Plaintiff's Response to his #32 Motion for Sanctions with Brief In Support by Jared Wheat. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia) Modified to accurately reflect entry on 9/16/2015 (bdb).
September 14, 2015 Filing 46 MOTION to Amend #10 Answer to Complaint, Third Party Complaint, Counterclaim,,, with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Leach, Arthur)
September 14, 2015 Filing 45 ANSWER to #34 Amended Complaint , THIRD PARTY COMPLAINT against Ron Kramer with Jury Demand, COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Hi-Tech Pharmaceuticals, Inc..(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Jared Wheat. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Text of Proposed Order)(Leach, Arthur)
September 11, 2015 Submission of #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #39 MOTION to Seal Document #38 Response in Opposition to Motion. Submitted to District Judge Eleanor L. Ross. (bdb)
September 10, 2015 Filing 43 REPLY to Response to Motion re #32 MOTION for Sanctions filed by Jared Wheat. (Attachments: #1 Exhibit)(Leach, Arthur)
August 26, 2015 Opinion or Order Filing 42 ORDER granting #41 Unopposed Motion for Extension of Time to Answer re #34 Amended Complaint. Hi-Tech Pharmaceuticals, Inc. and Jared Wheat Answer due 9/14/2015. Signed by Judge Eleanor L. Ross on 8/26/2015. (bdb)
August 25, 2015 Filing 41 UNOPPOSED MOTION for Extension of Time to File Answer to First Amended Complaint by Hi-Tech Pharmaceuticals, Inc. and Jared Wheat. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia) Modified to add filer on 8/26/2015 (bdb).
August 25, 2015 Filing 40 OPPOSITION by Thermolife International, LLC to #32 MOTION for Sanctions re: #39 MOTION to Seal Document in #38 Response in Opposition to Motion. (FILED UNDER SEAL) (bdb)
August 24, 2015 Filing 39 MOTION for Leave to File Document Under Seal re: #38 Response in Opposition to Motion by Thermolife International, LLC. (FILED UNDER SEAL) (bdb) (Additional attachment(s) added on 8/25/2015: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit 1, #4 Exhibit 2) (bdb).
August 24, 2015 Filing 38 RESPONSE in Opposition re #32 MOTION for Sanctions (Redacted) filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - Comparison of Motions, #2 Exhibit B - Withdrawal Letter, #3 Exhibit C - Wheat Deposition Excerpt, #4 Exhibit D - Wheat Trademark Filing, #5 Exhibit E - Redacted Purchase Agreement, #6 Exhibit F - NDGA Order)(Grier, Jason)
August 24, 2015 Submission of #32 MOTION for Sanctions. Submitted to District Judge Eleanor L. Ross. (bdb)
August 18, 2015 Submission of #29 MOTION for Service by Alternative Methods and for Additional Time to Serve Defendant. Submitted to District Judge Eleanor L. Ross. (bdb)
August 17, 2015 Filing 37 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Thermolife International, LLC. (Grier, Jason)
August 17, 2015 Filing 36 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Disclosures by Thermolife International, LLC.(Grier, Jason)
August 14, 2015 Filing 35 RESPONSE in Opposition re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thermolife International, LLC. (Quicker, Katrina)
August 14, 2015 Filing 34 First AMENDED COMPLAINT against Hi-Tech Pharmaceuticals, Inc., Jared Wheatwith Jury Demand, filed by Thermolife International, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Quicker, Katrina) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.
August 11, 2015 Submission of #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII. Submitted to District Judge Eleanor L. Ross. (bdb)
August 10, 2015 Filing 33 REPLY BRIEF re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII filed by Thermolife International, LLC. (Grier, Jason)
August 6, 2015 Filing 32 MOTION for Sanctions with Brief In Support by Jared Wheat. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Parker, Cynthia)
August 5, 2015 Notification of Docket Correction re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #30 BRIEF IN SUPPORT of #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Please respond to #31 Motion. (bdb)
August 3, 2015 Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jared Wheat. (Leach, Arthur)
July 30, 2015 Filing 30 BRIEF IN SUPPORT ONLY MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Jared Wheat. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leach, Arthur) Modified on 8/3/2015 (no motion filed) (bdb).
July 25, 2015 Filing 29 MOTION for Service by Alternative Methods and for Additional Time to Serve Defendant with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief in Support, #2 Exhibit A - Declaration of Jason P. Grier, #3 Exhibit B - Affidavit of Non-Service on Jared Wheat, #4 Text of Proposed Order)(Grier, Jason). Added MOTION for Extension of Time to Serve Defendant on 7/28/2015 (bdb).
July 24, 2015 Filing 28 PROPOSED ORDER CORRECTED re: #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII. (Grier, Jason)
July 23, 2015 Filing 27 RESPONSE in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII filed by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B (1 of 2), #3 Exhibit B (2 of 2), #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Leach, Arthur)
July 23, 2015 Filing 26 WAIVER OF SERVICE Returned Executed by Hi-Tech Pharmaceuticals, Inc.. Ron Kramer waiver mailed on 7/22/2015, answer due 9/21/2015. (Leach, Arthur)
July 20, 2015 Opinion or Order Filing 25 ORDER granting #24 Defendant Hi-Tech Pharmaceutical, Inc.'s Motion for Leave to File Excess Pages In Its Response To Plaintiff's Motion To Dismiss. Defendant shall be permitted to file its response brief with page limitations not to exceed thirty-two (32) pages. Signed by Judge Eleanor L. Ross on 7/20/2015. (bdb)
July 17, 2015 Filing 24 MOTION for Leave to File Excess Pages with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Leach, Arthur)
July 6, 2015 Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII with Brief In Support by Thermolife International, LLC, Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A (Advisory Action), #3 Exhibit B (CDCA Order), #4 Exhibit C (Advertisement), #5 Exhibit D (Magyar Dec.), #6 Exhibit E (Law360 Article), #7 Exhibit F (Demand Letter), #8 Exhibit G (NDGA Order), #9 Text of Proposed Order)(Quicker, Katrina)
June 9, 2015 Opinion or Order Filing 22 ORDER granting #21 Joint Motion for Extension of Time for Parties to file Joint Preliminary Report and Discovery Plan to 8/17/2015 and granting #21 Motion for Extension of Time to Answer #1 Complaint. Jared Wheat Answer due 7/17/2015. Signed by Judge Eleanor L. Ross on 6/9/2015. (bdb)
June 9, 2015 Filing 21 Joint MOTION for Extension of Time for Remaining Defendants to Respond to Complaint and for Parties to File the Joint Preliminary Report and Discovery Plan by Thermolife International, LLC. (Grier, Jason) Added MOTION for Extension of Time to File Answer on 6/9/2015 (bdb).
June 2, 2015 Clerk's Entry of Dismissal APPROVING the #20 Notice of Voluntary Dismissal as to I'llpumpyouup.com pursuant to Fed.R.Civ.P.41(a)(1)(i). (kdw)
June 2, 2015 Filing 20 NOTICE of Voluntary Dismissal of Defendant I'llPumpYouUp.com filed by Thermolife International, LLC (Grier, Jason)
June 2, 2015 Opinion or Order Filing 19 ORDER granting #18 Plaintiff's Unopposed Motion for Extension of Time, through July 6, 2015, to respond to #10 Hi-Tech Pharmaceuticals, Inc.'s Counterclaims. Signed by Judge Eleanor L. Ross on 6/2/15. (ddm)
June 2, 2015 Clerks Certificate of Mailing to Kalman Magyar re #19 Order. (ddm)
June 1, 2015 Filing 18 Unopposed MOTION for Extension of Time to Respond to Hi-Tech Pharmaceuticals, Inc.'s Counterclaims by Thermolife International, LLC. (Grier, Jason)
May 29, 2015 Clerks Certificate of Mailing to Kalman Magyar re #17 Order. (ddm)
May 28, 2015 Opinion or Order Filing 17 ORDER granting #13 Application for Admission Pro Hac Vice filed by Kalman Magyar. Signed by Judge Eleanor L. Ross on 5/28/15. (ddm)
May 28, 2015 APPROVAL by Clerks Office re: #13 APPLICATION for Admission of Kalman Magyar Pro Hac Vice (Application fee $ 150, receipt number 113E-5827772). Attorney Kalman Magyar added appearing on behalf of Thermolife International, LLC, Thermolife International, LLC (pb)
May 20, 2015 Filing 16 Electronic Third Party Summons Issued as to Ron Kramer. (bdb)
May 19, 2015 Filing 15 NOTICE Of Filing by Hi-Tech Pharmaceuticals, Inc. Third-Party Summons as to Ron Kramer (Leach, Arthur)
May 18, 2015 Filing 14 FILED IN ERROR-NOTICE Of Filing Summons as to Ron Kramer by Hi-Tech Pharmaceuticals, Inc. (Leach, Arthur) Modified on 5/19/2015, counsel to file Third Party Summons (bdb).
May 18, 2015 Filing 13 APPLICATION for Admission of Kalman Magyar Pro Hac Vice (Application fee $ 150, receipt number 113E-5827772)by Thermolife International, LLC. (Grier, Jason)
May 12, 2015 Filing 12 Certificate of Interested Persons by Hi-Tech Pharmaceuticals, Inc.. (Leach, Arthur)
May 12, 2015 Filing 11 CERTIFICATE OF SERVICE re #10 Answer to Complaint, Third Party Complaint, Counterclaim,,, filed by Hi-Tech Pharmaceuticals, Inc., Hi-Tech Pharmaceuticals, Inc., Hi-Tech Pharmaceuticals, Inc. (Leach, Arthur)
May 12, 2015 Clerks Notation re #12 Certificate of Interested Persons. APPROVED by District Judge Eleanor L. Ross. (mdy)
May 11, 2015 Filing 10 ANSWER to #1 COMPLAINT with Jury Demand ( Discovery ends on 2/5/2016.), THIRD PARTY COMPLAINT against Ron Kramer with Jury Demand, COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Hi-Tech Pharmaceuticals, Inc..(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
April 30, 2015 Filing 9 Electronic Summons Issued as to Hi-Tech Pharmaceuticals, Inc., I'llpumpyouup.com, Jared Wheat. (Attachments: #1 Jared Wheat, #2 IllPumpYouUp.com)(bdb)
April 27, 2015 Filing 8 NOTICE Of Filing by Thermolife International, LLC Summons as to IllPumpYouUp.com (Grier, Jason)
April 27, 2015 Filing 7 NOTICE Of Filing by Thermolife International, LLC Summons as to Jared Wheat (Grier, Jason)
April 27, 2015 Filing 6 NOTICE Of Filing by Thermolife International, LLC Summons as to Hi-Tech Pharmaceuticals, Inc. (Grier, Jason)
April 16, 2015 Clerks Notation re #5 Certificate of Interested Persons. APPROVED by District Judge Eleanor L. Ross. (mdy)
April 9, 2015 Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Thermolife International, LLC. (Grier, Jason)
April 2, 2015 Filing 4 NOTICE of Appearance by Jason Paul Grier on behalf of Thermolife International, LLC (Grier, Jason)
March 31, 2015 Filing 3 INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. Signed by Judge Eleanor L. Ross on 3/31/2015. (mdy)
March 27, 2015 Filing 2 AO Form 120 forwarded to Commissioner - Director of U.S. Patent and Trademark Office. (eop)
March 27, 2015 Filing 1 COMPLAINT with Jury Demand, filed by Thermolife International, LLC.. ( Filing fee $ 400.00 receipt number 113E-5739597.) (Attachments: #1 Ex. - A - '531 Patent, #2 Ex. - B - '187 Patent, #3 Ex. - C - '288 Patent, #4 Ex. - D - '572 Patent, #5 Ex. - E - Notice Letter, #6 Blank Summons, #7 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.

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Search for this case: Thermolife International, LLC v. Hi-Tech Pharmaceuticals, Inc. et al
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Plaintiff: Thermolife International, LLC
Represented By: Thomas Charles Lundin, Jr.
Represented By: Cammi Ryan Jones
Represented By: Jason Paul Grier
Represented By: Katrina M. Quicker
Represented By: Kalman Magyar
Represented By: Nathaniel L. Dilger
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Defendant: Hi-Tech Pharmaceuticals, Inc
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Defendant: Jared Wheat
Represented By: Arthur W. Leach
Represented By: Cynthia Lynn Parker
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Defendant: I'llpumpyouup.com
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3rd party defendant: Ron Kramer
Represented By: Jason Paul Grier
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3rd party plaintiff: Hi-Tech Pharmaceuticals, Inc.
Represented By: Arthur W. Leach
Represented By: Cynthia Lynn Parker
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Special master: Anthony Askew
Represented By: Anthony B. Askew
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