Concordia Pharmaceuticals Inc. S.A.R.L. et al v. Vitae Enim Vitae Scientific Inc. et al
Concordia Pharmaceuticals Inc. S.A.R.L., Concordia Pharmaceuticals (US) Inc., Advanz Pharma Corp. and Concordia International corp |
Boris Gites, Vitae Enim Vitae Scientific Inc. and Charles Cavallino |
3:2019cv01795 |
September 18, 2019 |
US District Court for the Southern District of California |
San Diego Office |
Anthony J Battaglia |
Jill L Burkhardt |
Gonzalo P Curiel |
Todd W Robinson |
Bernard G Skomal |
Other Statutory Actions |
18 U.S.C. § 1836 (a) Injunction against Misappropriation of Trade Secrets |
Both |
Docket Report
This docket was last retrieved on February 3, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 119 NOTICE of Voluntary Dismissal by Advanz Pharma Corp., Concordia Pharmaceuticals (US) Inc., Concordia Pharmaceuticals Inc. S.A.R.L. (Arouh, Kimberly) |
Filing 118 ORDER granting #117 Joint Motion to Stay. Accordingly, the Court HEREBY ORDERS that all proceedings in this action are stayed an additional sixty (60) days pending the finalization of the settlement agreement between Plaintiffs and Defendants, Vitae Enim Vitae Scientific, Inc., Boris Gites, and Charles Cavallino. Signed by Judge Todd W. Robinson on 12/20/2021. (All non-registered users served via U.S. Mail Service) (fth) (dlg). |
Filing 116 NOTICE Joint Notice Informing Court of Dismissal of South Carolina Action by Concordia Pharmaceuticals Inc. S.A.R.L. (Arouh, Kimberly)(sxa). |
Filing 115 ORDER OF TRANSFER. Judge Gonzalo P. Curiel is no longer assigned. Case reassigned to Judge Todd W. Robinson for all further proceedings. The new case number is 19cv1795-TWR-JLB. Signed by Judge Gonzalo P. Curiel on 9/25/20.(All non-registered users served via U.S. Mail Service)(dlg) |
Filing 114 ORDER Granting Ex Parte #113 Motion to Stay. Signed by Judge Gonzalo P. Curiel on 10/21/19. (All non-registered users served via U.S. Mail Service)(dlg) |
Filing 113 Ex Parte MOTION to Stay re #55 Case Transferred Out to Another District, Ex Parte regarding Notice of Case Transfer and Stay by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration of David H. Lichtenstein in Support of Defendants' Ex Parte Motion)(Lichtenstein, David) Modified on 10/1/2019 to add missing Ex Parte docket text (rmc). |
Filing 112 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Gonzalo P. Curiel and Magistrate Judge Jill L. Burkhardt for all further proceedings. Judge Anthony J. Battaglia, Magistrate Judge Bernard G. Skomal no longer assigned to case. Create association to 3:19-cv-00643-GPC-JLB. The new case number is 3:19-cv-01795-GPC-JLB. Signed by Judge Anthony J. Battaglia on 9/19/2019. Signed by Judge Gonzalo P. Curiel on 9/18/2019.(jrm) |
Filing 111 Judge Anthony J. Battaglia and Magistrate Judge Bernard G. Skomal assigned to transfer case from District of South Carolina. (All non-registered users served via U.S. Mail Service)(no document attached) (mme) |
Filing 110 Case transferred in from District of South Carolina; Case Number 6:19-cv-02061. Original file received electronically |
Filing 108 OPINION and ORDER adopting Report and Recommendations re #106 Report and Recommendation; denying #89 Motion to Dismiss for Lack of Jurisdiction and Motion to Dismiss for improper venue; granting #89 Motion to Transfer Case; transferring case to the United States District Court for the Southern District of California. Signed by Honorable Henry M Herlong, Jr on 9/18/19. (sfla) [Transferred from South Carolina on 9/18/2019.] |
Filing 107 ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Henry M. Herlong, Jr. (gpre, ) [Transferred from South Carolina on 9/18/2019.] |
Filing 106 REPORT AND RECOMMENDATION the Court recommends that Defendants' motion to dismiss for lack of personal jurisdiction or, in the alternative, to transfer venue #89 be GRANTED in part and DENIED in part. The Court recommends that Defendants' motion to dismiss for lack of personal jurisdiction be DENIED; that Defendant's motion to dismiss for improper venue be DENIED; and that the motion to transfer be GRANTED and that this action be transferred to the United States District Court for the Southern District of California. Objections to R&R due by 9/17/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 9/3/2019. (gpre, ) [Transferred from South Carolina on 9/18/2019.] |
Filing 104 REPLY to Response to Motion re #89 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case Response filed by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Affidavit Gites Reply Affidavit, #2 Affidavit Cavallino Reply Affidavit)(Buckingham, Steven) [Transferred from South Carolina on 9/18/2019.] |
Filing 102 Sealed Document in re document #99 Response. (Attachments: #1 Exhibit 2 - Confidential, #2 Exhibit 3 - For Counsel Only, #3 Exhibit 4 - For Counsel Only, #4 Exhibit 5 - Confidential, #5 Exhibit 6 - For Counsel Only, #6 Exhibit 7 - Confidential)(Few, Wesley) [Transferred from South Carolina on 9/18/2019.] |
Filing 101 TEXT ORDER granting #100 Motion to Seal. Signed by Magistrate Judge Jacquelyn D Austin on 8/14/2019.(gpre, ) [Transferred from South Carolina on 9/18/2019.] |
Filing 100 MOTION to Seal by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 8/28/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley) [Transferred from South Carolina on 9/18/2019.] |
Filing 99 RESPONSE in Opposition re #89 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL.Reply to Response to Motion due by 8/21/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Kelley Depo. Excerpts, #2 Exhibit 2 - Confidential (Redacted), #3 Exhibit 3 - For Counsel Only (Redacted), #4 Exhibit 4 - For Counsel Only (Redacted), #5 Exhibit 5 - Confidential (Redacted), #6 Exhibit 6 - For Counsel Only (Redacted), #7 Exhibit 7 - Confidential (Redacted), #8 Exhibit 8 - VeV Public Filing)(Few, Wesley) [Transferred from South Carolina on 9/18/2019.] |
Filing 97 TEXT ORDER granting #90 motion to stay. The Court will not address #43 the motion for preliminary injunction prior to completion of briefing regarding #89 the motion to dismiss for lack of jurisdiction or, in the alternative, to transfer venue. Plaintiffs have represented they will be filing their response to #89 no later than 8/14/2019. Any reply shall be filed within three days of the filing of that response. Signed by Magistrate Judge Jacquelyn D Austin on 8/12/2019.(gpre, ) [Transferred from South Carolina on 9/18/2019.] |
Filing 95 RESPONSE in Opposition re #90 MOTION to Stay re #43 Disposition of Motion for Preliminary Injunction Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL.Reply to Response to Motion due by 8/16/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Few, Wesley) [Transferred from South Carolina on 9/18/2019.] |
Filing 94 ORDER granting (95) Mediator's Motion for relief from appointment in case 6:18-cv-00704-HMH-JDA; granting (149) Mediator's Motion for relief from appointment in case 6:18-cv-01658-HMH-JDA; granting (87) Mediator's Motion for relief from appointment in case 6:19-cv-02061-HMH-JDA AND FURTHER ORDERING that the parties select a mutually agreeable mediator and mediate these cases by September 30, 2019. Upon completion of the mediation, the parties are to provide a report to the court regarding the outcome of the mediation. Signed by Honorable Henry M Herlong, Jr on 8/7/19. (sfla) [Transferred from South Carolina on 9/18/2019.] |
Filing 93 TEXT ORDER granting #91 Motion to Expedite. Response to #90 motion to stay is now due 8/9/2019. Signed by Magistrate Judge Jacquelyn D Austin on 8/7/2019.(gpre, ) [Transferred from South Carolina on 9/18/2019.] |
Filing 91 MOTION to Expedite Disposition of Motion to Stay (ECF No. 90) by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. Response to Motion due by 8/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Buckingham, Steven) [Transferred from South Carolina on 9/18/2019.] |
Filing 90 MOTION to Stay re #43 Disposition of Motion for Preliminary Injunction by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. Response to Motion due by 8/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Buckingham, Steven) [Transferred from South Carolina on 9/18/2019.] |
Filing 89 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Transfer Case ( Response to Motion due by 8/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Memo in Support Memo Supp MTD / Transfer, #2 Affidavit Gites Aff, #3 Affidavit Cavallino Aff, #4 Affidavit Lichtenstein)No proposed order.Motions referred to Jacquelyn D Austin.(Buckingham, Steven) (Attachment 4 incorrect document replaced with corrected document as provided by filing user on 8/7/2019) (gpre, ). [Transferred from South Carolina on 9/18/2019.] |
Filing 87 MOTION Mediator's Motion for Relief from Appointment by Fred W Suggs, Jr. Response to Motion due by 8/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order. (Suggs, Fred) (Main Document 87 replaced on 8/6/2019 with searchable PDF document.) (sfla) [Transferred from South Carolina on 9/18/2019.] |
Filing 86 TEXT ORDER granting #85 Motion to Appear Pro Hac Vice David Lichtenstein to represent Vitae Enim Vitae Scintific Inc, Charles Cavallino, Boris Gites. Signed by Magistrate Judge Jacquelyn D Austin on 8/6/2019.(gpre, ) [Transferred from South Carolina on 9/18/2019.] |
Filing 85 MOTION to Appear Pro Hac Vice by David H. Lichtenstein ( Filing fee $ 250 receipt number 0420-8596871) by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. Response to Motion due by 8/19/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application of Mr. Lichtenstein, #2 Exhibit Certificate of Good Standing from California Supreme Court)No proposed order.Motions referred to Jacquelyn D Austin. (Buckingham, Steven) (Attachment 2 replaced on 8/7/2019 as provided by filing user) (gpre, ). [Transferred from South Carolina on 9/18/2019.] |
Filing 84 Local Rule 26.01 Answers to Interrogatories by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc..(Buckingham, Steven) [Transferred from South Carolina on 9/18/2019.] |
Filing 83 TEXT ORDER granting #81 Motion to Appear Pro Hac Vice Tory Ian Summey; granting #82 Motion to Appear Pro Hac Vice Caroline Bassett Warren, to represent Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Signed by Magistrate Judge Jacquelyn D Austin on 8/2/2019.(gpre, ) [Transferred from South Carolina on 9/18/2019.] |
Filing 82 MOTION to Appear Pro Hac Vice by Caroline Bassett Warren ( Filing fee $ 250 receipt number 0420-8592331) by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 8/16/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents PHV Application and Certificates of Good Standing, #2 Proposed Order Order for PHV Admission)No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley) [Transferred from South Carolina on 9/18/2019.] |
Filing 81 MOTION to Appear Pro Hac Vice by Tory Ian Summey ( Filing fee $ 250 receipt number 0420-8592282) by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 8/16/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents PHV Application and Certificates of Good Standing, #2 Proposed Order Order for PHV Admission)No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley) [Transferred from South Carolina on 9/18/2019.] |
Filing 80 Local Rule 26.01 Answers to Interrogatories by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL.(Few, Wesley) [Transferred from South Carolina on 9/18/2019.] |
Filing 79 TEXT ORDER granting motions #31 #44 to file documents under seal. Local counsel must electronically file the seal documents. Signed by Magistrate Judge Jacquelyn D Austin on 8/1/2019. (gpre, ) [Transferred from South Carolina on 9/18/2019.] |
Filing 75 NOTICE of Appearance by Steven Edward Buckingham on behalf of Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc. (Buckingham, Steven) [Transferred from South Carolina on 9/18/2019.] |
Filing 73 TEXT ORDER to file sealed documents in 6:19-cv-2061-HMH-JDA, granting (91) Motion to Seal in case 6:18-cv-00704-HMH-JDA; granting (145) Motion to Seal in case 6:18-cv-01658-HMH-JDA; granting (71) Motion to Seal in case 6:19-cv-02061-HMH-JDA. Signed by Magistrate Judge Jacquelyn D Austin on 7/29/2019.Associated Cases: 6:19-cv-02061-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:18-cv-01658-HMH-JDA(gpre, ) [Transferred from South Carolina on 9/18/2019.] |
Filing 72 DELETION OF DOCKET ENTRY NUMBER 70 Reason: refiled by clerk to correct event type. Corrected Filing Document Number #71 . Modified filing date to that of original filing: 7/26/2019 (gpre, ) [Transferred from South Carolina on 9/18/2019.] |
Filing 71 MOTION to Seal documents with memorandum of law incorporated, by Concordia Pharmaceuticals Inc, Concordia Pharmaceuticals US Inc, Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 8/9/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 6:19-cv-02061-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:18-cv-01658-HMH-JDAMotions referred to Jacquelyn D Austin.(gpre, ) Refiled by Clerk to correct event type [Transferred from South Carolina on 9/18/2019.] |
Filing 69 REPLY to Response to Motion re (43 in 6:19-cv-02061-HMH-JDA) (TO BE FILED WITH MOTION TO FILE UNDER SEAL) Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. (Attachments: #1 Affidavit Affidavit / Declaration of Tory Ian Summey, #2 Exhibit Redacted Exhibit 1 - CONCORDIA-VEV0002540, #3 Exhibit Redacted Exhibit 2 - CONCORDIA-0015360, #4 Exhibit Redacted Exhibit 3 - CONCORDIA-VEV0001106, #5 Exhibit Redacted Exhibit 4 - Gites Deposition Excerpts, #6 Exhibit Redacted Exhibit 5 - CONCORDIA-VEV0001272)Associated Cases: 6:19-cv-02061-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:18-cv-01658-HMH-JDA(Few, Wesley) [Transferred from South Carolina on 9/18/2019.] |
Filing 68 NOTICE of Appearance by Wesley D Few on behalf of Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL Associated Cases: 6:19-cv-02061-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:18-cv-01658-HMH-JDA(Few, Wesley) [Transferred from South Carolina on 9/18/2019.] |
Filing 67 DELETION OF DOCKET ENTRY NUMBER 141 in case 6:18-cv-01658-HMH-JDA ; 87 in case 6:18-cv-00704-HMH-JDA; 67 in case 6:19-cv-02061-HMH-JDA; Reason: Clerk entered in error - document was filed 7/25/19; Corrected Filing Document Number (63 in 6:19-cv-02061-HMH-JDA), (82 in 6:18-cv-00704-HMH-JDA), (137 in 6:18-cv-01658-HMH-JDA) Modified filing date to that of original filing: 7/25/19 Associated Cases: 6:18-cv-01658-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:19-cv-02061-HMH-JDA(sfla) [Transferred from South Carolina on 9/18/2019.] |
Filing 66 ***DOCUMENT MAILED ( #82 in 6:18-cv-00704-HMH-JDA) Mediation Order, ( #63 in 6:19-cv-02061-HMH-JDA) Mediation Order, ( 137 in 6:18-cv-01658-HMH-JDA) Mediation Order, placed in U.S. Mail from Greenville Clerks Office to Fred Wilson Suggs, Jr., Ogletree Deakins Nash Smoak and Stewart, PO Box 2757, Greenville, SC 29602. Associated Cases: 6:19-cv-02061-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:18-cv-01658-HMH-JDA(kmca) [Transferred from South Carolina on 9/18/2019.] |
Filing 65 ***DOCUMENT E-MAILED: #63 Mediation Order in 6:19-cv-02061-HMH-JDA, to Fred Suggs, Jr. Associated Cases: 6:18-cv-00704-HMH-JDA, 6:19-cv-02061-HMH-JDA(kmca) [Transferred from South Carolina on 9/18/2019.] |
Filing 63 ORDER The parties i n these consolidated cases are directed to mediate before Fred W. Suggs, Jr., Esquire, by September 30, 2019. Upon completion of the mediation, the parties are to provide areport to the court regarding the outcome of the mediation. Signed by Honorable Henry M Herlong, Jr on 7/25/2019. (gpre, ) [Transferred from South Carolina on 9/18/2019.] |
Filing 62 CASE REFERRED to Magistrate Judge per order filed this date. Magistrate Judge Jacquelyn D Austin (sfla) [Transferred from South Carolina on 9/18/2019.] |
Filing 61 ORDER consolidating case numbers 6:18-1658-HMH-JDA, 6:18-704-HMH-JDA, and 6:19-2061-HMH, and referring all actions to US Magistrate Judge Austin for pretrial consideration. Signed by Honorable Henry M Herlong, Jr on 7/24/19. (sfla) [Transferred from South Carolina on 9/18/2019.] |
Filing 59 ***DOCUMENT MAILED #58 Notice Other placed in U.S. Mail from Greenville Clerks Office to David H. LichtensteinCaldarelli Hejmanowski Page & Leer LLPSuite 2503398 Carmel Mountain RoadSan Diego, CA 92121, Khesraw KarmandBuchanan Ingersoll & Rooney LLP600 West BroadwaySuite 1100San Diego, CA 92101, Kimberly ArouhBuchanan Ingersoll & Rooney LLP600 West BroadwaySuite 1100San Diego, CA 92101-3375, Lee Everett HejmanowskiSeltzer Caplan McMahon Vitek750 B Street2100 Symphony TowersSan Diego, CA 92101-8177, S Lloyd SmithBuchanan Ingersoll & Rooney, P.C.1737 King StreetSuite 500Alexandria, VA 22314, Tory Ian SummeyBuchanan Ingersoll and Rooney PC227 West Trade StreetSuite 600Charlotte, NC 28202, (sfla) [Transferred from South Carolina on 9/18/2019.] |
Filing 58 NOTICE of Transfer (sfla) [Transferred from South Carolina on 9/18/2019.] |
Filing 56 Case transferred in from District of California Southern; Case Number 3:19-cv-00643. Original file (documents numbered 1-55), certified copy of transfer order, and docket sheet received. [Transferred from South Carolina on 9/18/2019.] |
Filing 55 Case transferred to District of District of South Carolina. Files transferred electronically to: *District of District of South Carolina*.*901 Richland Street**Columbia, SC 29201*. Signed by Judge Gonzalo P. Curiel on 7/23/19. (Attachments: #1 Transfer Order) (dlg) (jao). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) (dlg). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
Filing 52 Joint MOTION for Protective Order by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Lichtenstein, David) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) (dlg). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
Filing 48 NOTICE OF WITHDRAWAL by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc. re #46 Notice of Appearance (Lichtenstein, David) (dlg). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
Filing 44 MOTION to File Documents Under Seal (Summey, Tory) (aef). [Transferred from California Southern on 7/23/2019.] Modified on 7/29/2019 to refer motion to Magistrate Judge Jacquelyn D. Austin (gpre, ). [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
Filing 31 MOTION to File Documents Under Seal (Arouh, Kimberly) (aef). [Transferred from California Southern on 7/23/2019.] Modified on 8/1/2019 to refer motion to Magistrate Judge Jacquelyn D. Austin(gpre, ). [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
Filing 10 ORDER Granting Plaintiffs' Motion to Strike 6-2. Signed by Judge Gonzalo P. Curiel on 4/15/19.(dlg) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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) [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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). [Transferred from California Southern on 7/23/2019.] [Transferred from South Carolina on 9/18/2019.] |
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