Nektar Therapeutics v. Eli Lilly & Co
| Nektar Therapeutics |
| Eli Lilly & Co |
| 3:2023cv03943 |
| August 7, 2023 |
| US District Court for the Northern District of California |
| James Donato |
| Joseph C Spero |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 Administrative Motion to File Under Seal filed by Eli Lilly & Co. (Attachments: #1 Gerrard Declaration, #2 Exh. A, #3 (Proposed) Order)(Moorman, Ryan) (Filed on 9/29/2023) |
| Filing 32 MOTION to Dismiss filed by Eli Lilly & Co. Motion to Dismiss Hearing set for 1/11/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Responses due by 11/3/2023. Replies due by 11/30/2023. (Attachments: #1 Terteryan Decl., #2 Exh. 1, #3 (Proposed) Order)(Moorman, Ryan) (Filed on 9/29/2023) |
Filing 31
ORDER by Judge James Donato granting #30 Motion for Pro Hac Vice as to Brendan Carroll. (lrc, COURT STAFF) (Filed on 9/27/2023)
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| Filing 30 MOTION for leave to appear in Pro Hac Vice for Brendan Carroll ( Filing fee $ 317, receipt number ACANDC-18682108.) filed by Nektar Therapeutics. (Attachments: #1 Exhibit Certificate of Good Standing - NY)(Carroll, Brendan) (Filed on 9/26/2023) |
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Filing 29
ORDER by Judge James Donato granting #27 Motion for Pro Hac Vice as to Ryan Moorman. (lrc, COURT STAFF) (Filed on 9/21/2023)
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Filing 28
ORDER by Judge James Donato granting #26 Motion for Pro Hac Vice as to Gabor Balassa. (lrc, COURT STAFF) (Filed on 9/21/2023)
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| Filing 27 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18663745.) filed by Eli Lilly & Co. (Attachments: #1 Cert. of Good Standing)(Moorman, Ryan) (Filed on 9/20/2023) |
| Filing 26 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18663658.) filed by Eli Lilly & Co. (Attachments: #1 Cert. of Good Standing)(Balassa, Gabor) (Filed on 9/20/2023) |
| Filing 25 COMPLAINT (with Court-Ordered Redactions Per ECF No. 24) against Eli Lilly & Co. Filed byNektar Therapeutics. (Batter, Kyle) (Filed on 9/18/2023) |
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Filing 24
ORDER. Defendant Eli Lilly & Co.'s request to seal certain portions of plaintiff's complaint, see Dkt. Nos. 9 & 15, is provisionally granted. There is a strong presumption in favor of public access to court records, and the Court is particularly reluctant to seal portions of a complaint, which advises the public of the nature of a lawsuit. See Order re Sealing of Complaints, Dkt. No. 189, 20-cv-05761-JD. In this case, Eli Lilly's proposed redactions are narrow and targeted, and they are supported by a substantial showing of potential harm to the company's future negotiating position. These few paragraphs of the complaint may be redacted, without prejudice to the Court revisiting the issue or to any party or nonparty seeking public disclosure. Plaintiff Nektar is directed to file a revised public version of the complaint reflecting the redactions specified at Dkt. No. 15-2, on or before September 18, 2023. Signed by Judge James Donato on 9/12/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 9/12/2023)
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Filing 23
ORDER. For Dkt. No. 19, defendant may file a response to the complaint on or before September 29, 2023. If defendant files a motion in response to the complaint, plaintiff may respond on or before November 3, 2023, and defendant may file a reply on or before November 30, 2023. Signed by Judge James Donato on 9/8/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 9/8/2023)
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Filing 22
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 11/30/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 11/24/2023. Signed by Judge James Donato on 9/1/23. (lrc, COURT STAFF) (Filed on 9/1/2023)
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Filing 21
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 8/30/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 8/30/2023)
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| Filing 20 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (klh, COURT STAFF) (Filed on 8/29/2023) |
| Filing 19 STIPULATION WITH PROPOSED ORDER TO EXTEND DEFENDANTS TIME TO RESPOND TO THE COMPLAINT AND TO SET A BRIEFING SCHEDULE filed by Eli Lilly & Co. (Keegan, Christopher) (Filed on 8/29/2023) |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Eli Lilly & Co.. (Keegan, Christopher) (Filed on 8/28/2023) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Nektar Therapeutics.. (Batter, Kyle) (Filed on 8/21/2023) |
| Filing 16 CLERK'S NOTICE Re: Consent or Declination: Defendant Eli Lily & Co., shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 8/30/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 8/16/2023) |
| Filing 15 Statement re #9 Administrative Motion to File Under Seal by Eli Lilly & Co. (Attachments: #1 Gerrard Declaration, #2 Proposed Order)(Keegan, Christopher) (Filed on 8/15/2023) |
| Filing 14 Corporate Disclosure Statement by Eli Lilly & Co (Keegan, Christopher) (Filed on 8/15/2023) |
| Filing 13 Certificate of Interested Entities by Eli Lilly & Co (Keegan, Christopher) (Filed on 8/15/2023) |
| Filing 12 NOTICE of Appearance by Christopher William Keegan Mark Holscher and Anna Terteryan (Keegan, Christopher) (Filed on 8/15/2023) |
| Filing 11 AFFIDAVIT of Service for Complaint, Summons, Motion to Seal, Order Setting Initial CMC, Other Required Initiating Documents served on Jessie Gastelum, on behalf of Eli Lilly & Co., Intake Specialist at National Registered Agents Inc. on August 9, 2023, filed by Nektar Therapeutics. (Batter, Kyle) (Filed on 8/14/2023) |
| Filing 10 NOTICE of Appearance by David Morad Elihu (Elihu, David) (Filed on 8/11/2023) |
| Filing 9 Administrative Motion to File Under Seal filed by Nektar Therapeutics. (Attachments: #1 Proposed Order, #2 Unredacted Version of Complaint)(Doolittle, Diane) (Filed on 8/8/2023) |
| Filing 8 NOTICE of Appearance by Yury Kapgan , Kyle Batter, and Sarah Cork (Kapgan, Yury) (Filed on 8/8/2023) |
| Filing 7 Summons Issued as to Eli Lilly & Co. (cv, COURT STAFF) (Filed on 8/8/2023) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/10/2023. Initial Case Management Conference set for 11/17/2023 02:00 PM in San Francisco, Courtroom D, 15th Floor. (cv, COURT STAFF) (Filed on 8/7/2023) |
| Filing 5 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/21/2023. (cv, COURT STAFF) (Filed on 8/7/2023) |
| Filing 4 Certificate of Interested Entities by Nektar Therapeutics (Doolittle, Diane) (Filed on 8/7/2023) |
| Filing 3 Corporate Disclosure Statement by Nektar Therapeutics (Doolittle, Diane) (Filed on 8/7/2023) |
| Filing 2 Proposed Summons. (Doolittle, Diane) (Filed on 8/7/2023) |
| Filing 1 COMPLAINT against Eli Lilly & Co ( Filing fee $ 402, receipt number ACANDC-18517640.). Filed byNektar Therapeutics. (Attachments: #1 Civil Cover Sheet)(Doolittle, Diane) (Filed on 8/7/2023) |
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