Concordia Pharmaceuticals Inc. S.A.R.L. et al v. Vitae Enim Vitae Scientific Inc. et al
Plaintiff: Concordia Pharmaceuticals Inc. S.A.R.L., Concordia Pharmaceuticals (US), Inc., Advanz Pharma Corp. and Concordia International Corp.
Defendant: Boris Gites, Vitae Enim Vitae Scientific Inc. and Charles Cavallino
Case Number: 3:2019cv00643
Filed: April 5, 2019
Court: US District Court for the Southern District of California
Presiding Judge: Roger T Benitez
Referring Judge: Jill L Burkhardt
2 Judge: Gonzalo P Curiel
Nature of Suit: Other Statutory Actions
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2019 Filing 54 RESPONSE in Opposition re #43 Amended MOTION for Preliminary Injunction filed by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration of Mark Thompson, #2 Declaration of Boris Gites, #3 Declaration of David H. Lichtenstein, #4 Notice of Lodgment, #5 Exhibit A to Notice of Lodgment, #6 Exhibit B to Notice of Lodgment, #7 Exhibit C to Notice of Lodgment, #8 Exhibit D to Notice of Lodgment, #9 Exhibit E to Notice of Lodgment, #10 Exhibit F to Notice of Lodgment, #11 Exhibit G to Notice of Lodgment, #12 Exhibit H to Notice of Lodgment, #13 Exhibit I to Notice of Lodgment)(Lichtenstein, David)
July 12, 2019 Opinion or Order Filing 53 ORDER Granting Joint #52 Motion for Entry of Stipulated Protective Order; and Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 7/12/19. (dlg)
July 12, 2019 Filing 52 Joint MOTION for Protective Order by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Lichtenstein, David)
July 11, 2019 Opinion or Order Filing 51 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: For the reasons set forth in the 7/11/2019 Motion Hearing, the Court hereby GRANTS IN PART #19 Plaintiffs' Motion for Expedited Discovery. Accordingly, Defendants shall produce the report of the forensic examination of Gites' electronic devices which was already completed in the IriSys state court action no later than 7/15/2019. The parties shall also file a Joint Motion for Protective Order to address any privacy and confidentiality concerns no later than 7/12/2019. The Joint Motion for Protective Order shall comply with Section V. of Judge Burkhardt's Civil Chambers Rules. (no document attached) (cxe)
July 11, 2019 Filing 50 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Motion Hearing held on 7/11/2019 re #19 MOTION for Discovery filed by Concordia Pharmaceuticals (US), Inc., Advanz Pharma Corp., Concordia Pharmaceuticals Inc. S.A.R.L. Order to follow. (Plaintiff Attorney Tory I. Summey). (Defendant Attorney David H. Lichtenstein). (no document attached) (cxe)
July 11, 2019 Filing 49 NOTICE of Appearance by Lee Everett Hejmanowski on behalf of Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc. (Hejmanowski, Lee)Attorney Lee Everett Hejmanowski added to party Charles Cavallino(pty:dft), Attorney Lee Everett Hejmanowski added to party Boris Gites(pty:dft), Attorney Lee Everett Hejmanowski added to party Vitae Enim Vitae Scientific Inc.(pty:dft)
July 11, 2019 Filing 48 NOTICE OF WITHDRAWAL by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc. re #46 Notice of Appearance (Lichtenstein, David) (dlg).
July 3, 2019 Opinion or Order Filing 47 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The Court hereby SETS a telephonic Motion Hearing on #19 MOTION for Expedited Discovery for 7/11/2019 at 2:00 PM before Judge Burkhardt. For purposes of the hearing, the parties shall jointly call Judge Burkhardt's chambers at (619) 557-6624. (no document attached) (cxe)
June 27, 2019 Filing 46 *** WITHDRAWN PER ECF 48 *** NOTICE of Appearance Lee E. Hejmanowski by David H. Lichtenstein on behalf of Vitae Enim Vitae Scientific Inc. (Lichtenstein, David) QC email re incorrect filer (dlg). Modified on 7/12/2019 to withdraw and term attorney (dlg).
June 27, 2019 Filing 45 SEALED LODGED Proposed Document re: #31 MOTION to File Documents Under Seal, #44 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Summey, Tory) (aef).
June 27, 2019 Filing 44 MOTION to File Documents Under Seal (Summey, Tory) (aef).
June 27, 2019 Filing 43 Amended MOTION for Preliminary Injunction by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Memo of Points and Authorities in Support of Amended Motion for Preliminary Injunction, #2 Declaration of Larry Miles, #3 Declaration of Adolfo Ramirez, #4 Exhibit 1 to Ramirez Declaration, #5 Declaration of Tory Ian Summey, #6 Exhibit 2, #7 Exhibit 5, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 22, #13 Exhibit 24, #14 Exhibit 34, #15 Exhibit 35, #16 Exhibit 36)(Summey, Tory) (dlg).
June 27, 2019 Filing 42 NOTICE of Withdrawal of ECF No. 34 by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. re #34 MOTION to Strike Document #30 MOTION for Preliminary Injunction and Replace ECF 30-5 with Correct Document, #35 Sealed Lodged Proposed Document (Attachments: #1 Declaration of Tory Ian Summey In Support of Notice of Withdrawal)(Summey, Tory) (dlg).
June 26, 2019 Opinion or Order Filing 41 ORDER Denying Defendants' #37 Motion to Modify Briefing Schedule and Granting Plaintiffs' Ex Parte #36 Motion to Amend Briefing Schedule. The hearing on the preliminary injunction shall be rescheduled from August 30, 2019 to August 9, 2019 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 6/26/19. (dlg)
June 24, 2019 Filing 40 REPLY to Response to Motion re #20 MOTION to Dismiss or, in the alternative, Stay the Case filed by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Lichtenstein, David) (dlg).
June 21, 2019 Filing 39 RESPONSE in Opposition re #37 Ex Parte MOTION to Modify Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction filed by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Declaration of Tory Ian Summey)(Summey, Tory) (dlg).
June 20, 2019 Filing 38 RESPONSE in Opposition re #36 Ex Parte MOTION to Shorten Time on Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction filed by Boris Gites, Vitae Enim Vitae Scientific Inc.. (Lichtenstein, David) (dlg).
June 20, 2019 Filing 37 Ex Parte MOTION to Modify Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction by Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration of David H. Lichtenstein)(Lichtenstein, David) (dlg).
June 20, 2019 Filing 36 Ex Parte MOTION to Shorten Time on Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Declaration Declaration of Tory Ian Summey)(Summey, Tory) (dlg).
June 19, 2019 Filing 35 SEALED LODGED Proposed Document re: #31 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Summey, Tory) (aef).
June 19, 2019 Filing 34 MOTION to Strike Document #30 MOTION for Preliminary Injunction and Replace ECF 30-5 with Correct Document by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Declaration Declaration of Tory Ian Summey, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2)(Summey, Tory) (dlg).
June 12, 2019 Opinion or Order Filing 33 ORDER Setting Briefing Schedule re #30 MOTION for Preliminary Injunction : An opposition shall be filed on or before July 12, 2019. Any reply shall be filed on or before July 26, 2019. A hearing is set August 30, 2019 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 6/12/19.(dlg)
June 11, 2019 Filing 32 SEALED LODGED Proposed Document re: #31 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Arouh, Kimberly) (aef).
June 11, 2019 Filing 31 MOTION to File Documents Under Seal (Arouh, Kimberly) (aef).
June 11, 2019 Filing 30 *** WITHDRAWN PER ECF 42 *** MOTION for Preliminary Injunction by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Miles, #3 Declaration of Ramirez, #4 Exhibit to Ramirez Declaration, #5 Declaration of Summey, #6 Exhibit 2, #7 Exhibit 5, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 22, #13 Exhibit 24, #14 Exhibit 34, #15 Exhibit 35)(Arouh, Kimberly) (dlg). Modified on 6/28/2019 (dlg).
June 7, 2019 Filing 29 RESPONSE in Opposition re #23 MOTION to Strike #20 MOTION to Dismiss or, in the alternative, Stay the Case filed by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Declaration of Tory I. Summey)(Smith, S) (dlg).
June 7, 2019 Filing 28 NOTICE of Ruling Partially Mooting Motion for Expedited Discovery by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. re #19 MOTION for Discovery (Attachments: #1 Exhibit)(Summey, Tory) (dlg).
June 3, 2019 Filing 27 REPLY - Other re #19 MOTION for Discovery in support of Expedited Discovery filed by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Arouh, Kimberly) (dlg).
May 24, 2019 Filing 26 RESPONSE in Opposition re #19 MOTION for Discovery filed by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Lichtenstein, David) (anh).
May 24, 2019 Opinion or Order Filing 25 ORDER Granting #23 Motion to Strike ECF 20-13; and Directing Clerk to Replace ECF 20-13 With the Concurrently Filed Redacted Version. Signed by Judge Gonzalo P. Curiel on 5/24/19. (dlg)
May 20, 2019 Filing 24 NOTICE re MOTION to Withdraw ECF Nos. 22, 22-1 and 22-2 by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration Declaration of David Lichtenstein)(Lichtenstein, David) Modified on 5/21/2019 to term motion per dj chambers and send qc email re incorrect event(dlg).
May 17, 2019 Filing 23 MOTION to Strike #20 MOTION to Dismiss or, in the alternative, Stay the Case by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration Declaration of David Lichtenstein, #2 Proposed Order)(Lichtenstein, David) (dlg).
May 17, 2019 Filing 22 *** WITHDRAWN PER ECF 24 *** MOTION to Strike #20 MOTION to Dismiss or, in the alternative, Stay the Case by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration Declaration of David Lichtenstein, #2 Proposed Order)(Lichtenstein, David) QC email for attorney to withdraw if incorrectly filed (dlg). Modified on 5/21/2019 (dlg).
May 16, 2019 Opinion or Order Filing 21 ORDER Setting Briefing Schedule re #20 MOTION to Dismiss or, in the alternative, Stay the Case : An opposition shall be filed on or before June 7, 2019. Any reply shall be filed on or before June 24, 2019. A hearing is set July 26, 2019 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 5/16/19.(dlg)
May 15, 2019 Filing 20 MOTION to Dismiss or, in the alternative, Stay the Case by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Defendants' Motion to Dismiss, #2 Declaration of David H. Lichtenstein in Support of Defendants' Motion to Dismiss, #3 Notice of Lodgment and Request for Judicial Notice in Support of Defendants' Motion to Dismiss, #4 Exhibit 1 to NOL, #5 Exhibit 2 to NOL, #6 Exhibit 3 to NOL, #7 Exhibit 4 to NOL, #8 Exhibit 5 to NOL, #9 Exhibit 6 to NOL, #10 Exhibit 7 to NOL, #11 Exhibit 8 to NOL, #12 Exhibit 9 to NOL, #13 Exhibit 10 to NOL, #14 Exhibit 11 to NOL)(Lichtenstein, David) (dlg). (Attachment 13 replaced on 5/24/2019 per order (ecf 25)) (dlg).
May 10, 2019 Filing 19 MOTION re NOTICE of Motion and Motion for Expedited Discovery by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of T. Summey, #3 Exhibit 1, #4 Exhibit 2)(Arouh, Kimberly) QC email, wrong event selected, changed to Motion (dlg).
April 29, 2019 Opinion or Order Filing 18 ORDER Granting Joint #17 Motion to Continue and Consolidate Defendants' Response Date to the Complaint. Defendants Vitae Enim Vitae Scientific, Inc., Boris Gites, and Charles Cavallinos time to respond to the complaint filed in this action is hereby extended to May 15, 2019. Signed by Judge Gonzalo P. Curiel on 4/29/19. (dlg)
April 29, 2019 Filing 17 Joint MOTION to Continue and Consolidate Defendants' Response Date to the Complaint by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Lichtenstein, David)Attorney David H. Lichtenstein added to party Charles Cavallino(pty:dft), Attorney David H. Lichtenstein added to party Boris Gites(pty:dft), Attorney David H. Lichtenstein added to party Vitae Enim Vitae Scientific Inc.(pty:dft) (dlg).
April 25, 2019 Filing 16 NOTICE of Withdrawal of and Motion to Strike Plaintiffs' Motion for Preliminary Injunction (ECF Doc Nos. 11 and 12) by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. re #11 MOTION for Preliminary Injunction, #12 Sealed Lodged Proposed Document (Attachments: #1 Declaration of Tory I. Summey)(Arouh, Kimberly) (dlg).
April 17, 2019 Filing 15 PRO HAC APPROVED: S Lloyd Smith appearing for Plaintiffs Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. (no document attached) (dsn)
April 17, 2019 Filing 14 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12416590.) (Application to be reviewed by Clerk.) (Smith, Scott) (dsn)
April 16, 2019 Opinion or Order Filing 13 ORDER Setting Briefing Schedule re #11 MOTION for Preliminary Injunction: An opposition shall be filed on or before May 3, 2019. Any reply shall be filed on or before May 10, 2019. The hearing set on June 21, 2019 shall be rescheduled to May 31, 2019 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/15/19.(dlg)
April 15, 2019 Filing 12 *** WITHDRAWN PER ECF 16 *** SEALED LODGED Proposed Document re: #11 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Arouh, Kimberly) (aef). Modified on 4/26/2019 (dlg).
April 15, 2019 Filing 11 *** WITHDRAWN PER ECF 16 *** MOTION for Preliminary Injunction (With attachments)(Arouh, Kimberly) (aef). Modified on 4/16/2019 QC email, wrong event selected, changed motion event, attorney to file motion to seal (dlg). Modified on 4/26/2019 (dlg).
April 15, 2019 Opinion or Order Filing 10 ORDER Granting Plaintiffs' Motion to Strike 6-2. Signed by Judge Gonzalo P. Curiel on 4/15/19.(dlg)
April 12, 2019 Filing 9 NOTICE of Withdrawal for ECF Docs 6 and 7 by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. re #6 MOTION to File Documents Under Seal, #7 Sealed Lodged Proposed Document (Attachments: #1 Declaration)(Karmand, Khesraw) (dlg).
April 11, 2019 Filing 8 Emergency MOTION re #6 MOTION to File Documents Under Seal by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Declaration)(Karmand, Khesraw)Attorney Khesraw Karmand added to party Advanz Pharma Corp.(pty:pla), Attorney Khesraw Karmand added to party Concordia Pharmaceuticals (US), Inc.(pty:pla), Attorney Khesraw Karmand added to party Concordia Pharmaceuticals Inc. S.A.R.L.(pty:pla) (dlg). Modified on 4/12/2019 to send qc email for attorney to withdraw and to file a Public version of their motion, per dj chambers (dlg).
April 10, 2019 Filing 7 *** WITHDRAWN PER ECF 9 *** SEALED LODGED Proposed Document re: #6 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Arouh, Kimberly) (aef). Modified on 4/15/2019 (dlg).
April 10, 2019 Filing 6 *** WITHDRAWN PER ECF 9 *** MOTION to File Documents Under Seal (With attachments)(Arouh, Kimberly) (aef). Modified on 4/11/2019 - Restriction added to attachment for Unredacted P & A's per Filer's request. Filer to file Motion to File P & A's under seal, and redacted version. *** 6-2 STRICKEN PER ORDER ECF 10 *** (jah). Modified on 4/15/2019 (dlg). Modified on 4/15/2019 (dlg).
April 10, 2019 Filing 5 PRO HAC APPROVED re #4 : Tory I. Summey appearing for Plaintiffs Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. (no document attached) (mdc)
April 10, 2019 Filing 4 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12391795.) (Application to be reviewed by Clerk.) (Summey, Tory) (mdc)
April 8, 2019 Filing 3 MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Gonzalo P. Curiel for all further proceedings. The new case number is 19cv0643-GPC-JLB.(no document attached) (anh)
April 5, 2019 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cdw) (jao).
April 5, 2019 Filing 1 COMPLAINT with Jury Demand against Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc. ( Filing fee $ 400 receipt number 0974-12376197), filed by Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L., Advanz Pharma Corp. (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-00643-BEN-JLB. Judge Roger T. Benitez and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Arouh, Kimberly)(cdw) (jao).

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Search for this case: Concordia Pharmaceuticals Inc. S.A.R.L. et al v. Vitae Enim Vitae Scientific Inc. et al
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Plaintiff: Concordia Pharmaceuticals Inc. S.A.R.L.
Represented By: Kimberly Arouh
Represented By: Tory I. Summey
Represented By: S Lloyd Smith
Represented By: Khesraw Karmand
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Plaintiff: Concordia Pharmaceuticals (US), Inc.
Represented By: Kimberly Arouh
Represented By: Tory I. Summey
Represented By: S Lloyd Smith
Represented By: Khesraw Karmand
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Plaintiff: Advanz Pharma Corp.
Represented By: Kimberly Arouh
Represented By: Tory I. Summey
Represented By: S Lloyd Smith
Represented By: Khesraw Karmand
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Plaintiff: Concordia International Corp.
Represented By: Kimberly Arouh
Represented By: Tory I. Summey
Represented By: S Lloyd Smith
Represented By: Khesraw Karmand
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Defendant: Boris Gites
Represented By: Lee Everett Hejmanowski
Represented By: David H. Lichtenstein
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Defendant: Vitae Enim Vitae Scientific Inc.
Represented By: Lee Everett Hejmanowski
Represented By: David H. Lichtenstein
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Defendant: Charles Cavallino
Represented By: Lee Everett Hejmanowski
Represented By: David H. Lichtenstein
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