Claudio De Simone v. Alfasigma USA, Inc.
Defendant: VSL PHARMACEUTICALS, INC. and LEADIANT BIOSCIENCES, INC., formerly known as Sigma-Tau Pharmaceuticals, Inc
Plaintiff / Appellee: EXEGI PHARMA, LLC and CLAUDIO DE SIMONE
Defendant / Appellant: ALFASIGMA USA, INC., a Delaware corporation
Case Number: 20-1869
Filed: August 12, 2020
Court: U.S. Court of Appeals, Fourth Circuit
Nature of Suit: Other Contract Actions
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This docket was last retrieved on June 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2022 Filing 64 Mandate issued. Referencing: [ # 63 ] Judgment Order , [ # 62 ] published authored Opinion. Originating case number: 8:15-cv-01356-TDC. [1001185249] [20-1846, 20-1869] RE [Entered: 06/29/2022 08:42 AM]
June 7, 2022 Filing 63 JUDGMENT ORDER filed. Decision: Affirmed. Originating case number: 8:15-cv-01356-TDC. Entered on Docket Date: 06/07/2022. Copies to all parties and the district court/agency. [1001173901] [20-1846, 20-1869] RE [Entered: 06/07/2022 11:43 AM]
June 7, 2022 Filing 62 PUBLISHED AUTHORED OPINION filed. Originating case number: 8:15-cv-01356-TDC. [1001173899] [20-1846, 20-1869] RE [Entered: 06/07/2022 11:42 AM]
March 7, 2022 Opinion or Order Filing 61 ORDER filed granting motion to Motion to withdraw as counsel [ # 60 ]. Copies to all parties. [1001123201] [20-1846, 20-1869] RE [Entered: 03/07/2022 05:54 PM]
March 7, 2022 Filing 60 MOTION by Alfasigma USA, Inc. in 20-1869 to withdraw Appearance of Erinn M. Maguire as counsel for Alfasigma USA, Inc.... Date and method of service: 03/07/2022 ecf. [1001123069] [20-1846, 20-1869] Robert Brennen [Entered: 03/07/2022 04:20 PM]
January 27, 2022 Filing 59 ORAL ARGUMENT (Video Conference) heard before the Honorable Paul V. Niemeyer, Albert Diaz and A. Marvin Quattlebaum, Jr.. Attorneys arguing case: Turner Anderson Broughton for Appellant VSL Pharmaceuticals, Inc., Jeremy Wyeth Schulman for Appellees Claudio De Simone and ExeGi Pharma, LLC and Robert Scott Brennen for none Alfasigma USA, Inc. in 20-1846, Robert Scott Brennen for Appellant Alfasigma USA, Inc. and Jeremy Wyeth Schulman for Appellees Claudio De Simone and ExeGi Pharma, LLC in 20-1869. Courtroom Deputy: Jocelyn Mitchell Manion. [1001099868] [20-1846, 20-1869] JM [Entered: 01/27/2022 12:18 PM]
January 24, 2022 Filing 58 MEMORANDUM OPENING BRIEF by Claudio De Simone and ExeGi Pharma, LLC in 20-1846, 20-1869. [1001097087] [20-1846, 20-1869] Jeffrey Gavenman [Entered: 01/24/2022 12:49 PM]
January 24, 2022 Filing 57 MEMORANDUM OPENING BRIEF by VSL Pharmaceuticals, Inc. in 20-1846, Alfasigma USA, Inc. in 20-1869. [1001096968] [20-1846, 20-1869] Robert Brennen [Entered: 01/24/2022 11:33 AM]
January 18, 2022 Filing 56 COURT ORDER filed directing filing of memoranda addressing appealability. Copies to all parties. Memoranda is due on 01/24/02022 by noon. [1001093885] [20-1846, 20-1869] RE [Entered: 01/18/2022 04:15 PM]
January 6, 2022 Filing 55 CALENDAR NOTICE: ALL JANUARY ARGUMENTS TO BE HELD BY VIDEOCONFERENCE RATHER THAN IN PERSON. See attached document for details. [1001087466] [20-1846, 20-1869, 21-1498, 20-6068, 19-2186, 19-2241] JLC [Entered: 01/06/2022 01:43 PM]
December 23, 2021 Filing 54 Certification of compliance with argument protocol by Claudio De Simone and ExeGi Pharma, LLC in 20-1846, 20-1869. Certification of compliance uploaded for Jeffrey S. Gavenman. [1001080303] [20-1846, 20-1869] Jeffrey Gavenman [Entered: 12/23/2021 01:51 PM]
December 23, 2021 Filing 53 Certification of compliance with argument protocol by Claudio De Simone and ExeGi Pharma, LLC in 20-1846, 20-1869. Certification of compliance uploaded for Jeremy W. Schulman. [1001080302] [20-1846, 20-1869] Jeffrey Gavenman [Entered: 12/23/2021 01:50 PM]
December 23, 2021 Filing 52 ORAL ARGUMENT ACKNOWLEDGMENT (restricted access) by Claudio De Simone and ExeGi Pharma, LLC in 20-1846, 20-1869. Counsel arguing: Jeremy W. Schulman. Answering argument time: 20 minutes. [1001080300] [20-1846, 20-1869] Jeffrey Gavenman [Entered: 12/23/2021 01:48 PM]
December 23, 2021 Filing 51 Certification of compliance with argument protocol by Alfasigma USA, Inc. in 20-1869. Certification of compliance uploaded for Robert S. Brennen. [1001080297] [20-1846, 20-1869] Robert Brennen [Entered: 12/23/2021 01:25 PM]
December 23, 2021 Filing 50 ORAL ARGUMENT ACKNOWLEDGMENT (restricted access) by Alfasigma USA, Inc. in 20-1869. Counsel arguing: Robert S. Brennen. Opening argument time: 10 minutes. Answering argument time: 10 minutes. Rebuttal argument time: 2 minutes. Second counsel arguing: Turner A. Broughton. Opening argument time: 5 minutes. Answering argument time: 5 minutes. Rebuttal argument time: 3 minutes. [1001080296] [20-1846, 20-1869] Robert Brennen [Entered: 12/23/2021 01:21 PM]
December 16, 2021 Filing 49 CASE CALENDARED for oral argument. Date: 01/27/2022. Session Starting Time: 9:30 am. Your case is currently first on the morning docket, and your check-in time if appearing in person is 9:00 am. Forms due within 7 calendar days. [1001076501] [20-1846, 20-1869] JLC [Entered: 12/16/2021 05:01 PM]
November 19, 2021 Filing 48 CASE TENTATIVELY CALENDARED for oral argument during the January 25-28, 2022 argument session. No additional paper copies of briefs and appendices are required from counsel. Notify Clerk's Office of any scheduling conflict by: 11/29/2021. [20-1846, 20-1869] JLC [Entered: 11/19/2021 12:51 PM]
October 21, 2021 Filing 47 CASE CONTINUED FROM TENTATIVE CALENDAR. [1001045794] [20-1846, 20-1869] JLC [Entered: 10/21/2021 03:23 PM]
October 18, 2021 Filing 46 NOTICE REGARDING CONFLICT WITH PROPOSED ARGUMENT DATES by Appellant Alfasigma USA, Inc. in 20-1869. Argument Session: December 6-10, 2021. Days you are available: None. Identify any other cases you are tentatively scheduled to argue this session: Scheduled for an Arbitration during this session. Other scheduling information: I can be available December 14-17, 2021.. [20-1846, 20-1869] Robert Brennen [Entered: 10/18/2021 04:33 PM]
October 8, 2021 Filing 45 CASE TENTATIVELY CALENDARED for oral argument during the December 6-10, 2021 argument session. No additional paper copies of briefs and appendices are required from counsel. Notify Clerk's Office of any scheduling conflict by: 10/18/2021. [20-1846, 20-1869] JLC [Entered: 10/08/2021 10:29 AM]
September 22, 2021 Filing 44 CASE CONTINUED FROM TENTATIVE CALENDAR. [1001027952] [20-1846, 20-1869] JLC [Entered: 09/22/2021 11:21 AM]
August 23, 2021 Filing 39 CASE TENTATIVELY CALENDARED for oral argument during the 10/26/21 - 10/29/21 argument session. Counsel shall file 4 paper copies of their briefs and appendices within 7 days. Notify Clerk's Office of any scheduling conflict by: 09/02/2021. [20-1846, 20-1869] JLC [Entered: 08/23/2021 02:09 PM]
April 27, 2021 Opinion or Order Filing 37 ORDER filed granting Motion to withdraw/relieve/substitute counsel [ # 36 ]. Copies to all parties. [1000941132] [20-1846, 20-1869] RE [Entered: 04/27/2021 11:40 AM]
April 26, 2021 Filing 36 MOTION by VSL Pharmaceuticals, Inc. in 20-1846 to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney. Was a copy of the motion served on the defendant? Y.. Date and method of service: 04/26/2021 ecf. [1000940680] [20-1846, 20-1869] Elizabeth Rinehart [Entered: 04/26/2021 06:52 PM]
April 22, 2021 Filing 35 APPEARANCE OF COUNSEL by Turner A. Broughton for VSL Pharmaceuticals, Inc. in 20-1846. [1000938566] [20-1846, 20-1869] Turner Broughton [Entered: 04/22/2021 11:22 AM]
January 15, 2021 Filing 43 Receipt of paper copy of REPLY BRIEF filed at [ # 34 ] by VSL Pharmaceuticals, Inc. in 20-1846, Alfasigma USA, Inc. in 20-1869. Number of pages: [28]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 08/26/2021. [1001012095] [20-1846, 20-1869] CB [Entered: 08/27/2021 10:51 AM]
January 15, 2021 Filing 41 Receipt of paper copy of OPENING BRIEF filed at [ # 33 ] by VSL Pharmaceuticals, Inc. in 20-1846, Alfasigma USA, Inc. in 20-1869. Number of pages: [56]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 08/26/2021. [1001012019] [20-1846, 20-1869] CB [Entered: 08/27/2021 10:28 AM]
January 15, 2021 Filing 40 Receipt of paper copy of RESPONSE BRIEF filed at [ # 32 ] by Claudio De Simone and ExeGi Pharma, LLC in 20-1846, 20-1869. Number of pages: [61]. Sufficient: YES. Number of Copies: [4]. Received by clerk date: 08/25/2021. [1001011407] [20-1846, 20-1869] RHS [Entered: 08/26/2021 01:06 PM]
January 15, 2021 Filing 34 BRIEF by VSL Pharmaceuticals, Inc. in 20-1846, Alfasigma USA, Inc. in 20-1869 in electronic and paper format. Type of Brief: REPLY. [1000882423] [20-1846, 20-1869] Brian Schwalb [Entered: 01/15/2021 05:11 PM]
January 15, 2021 Filing 33 BRIEF by VSL Pharmaceuticals, Inc. in 20-1846, Alfasigma USA, Inc. in 20-1869 in electronic and paper format. Type of Brief: OPENING. [1000882421] [20-1846, 20-1869] Brian Schwalb [Entered: 01/15/2021 05:11 PM]
January 15, 2021 Filing 32 BRIEF by Claudio De Simone and ExeGi Pharma, LLC in 20-1846, 20-1869 in electronic and paper format. Type of Brief: RESPONSE. [1000882292] [20-1846, 20-1869] Jeremy Schulman [Entered: 01/15/2021 03:00 PM]
January 15, 2021 Filing 31 (ENTRY RESTRICTED) BRIEF by Claudio De Simone and ExeGi Pharma, LLC in 20-1846, 20-1869 in electronic and paper format. Type of Brief: RESPONSE. [1000882259] [20-1846, 20-1869]--[Edited 01/15/2021 by RJL- refiled using correct attorney account at ECF #33] Shawn Morgan [Entered: 01/15/2021 02:34 PM]
January 5, 2021 Filing 42 Receipt of paper copy of APPENDIX filed at [ # 30 ] by VSL Pharmaceuticals, Inc. in 20-1846, Alfasigma USA, Inc. in 20-1869. Total number of volumes (including any sealed): [2]. Total number of pages in all volumes: [727]. Total number of sealed volumes: 0. Sufficient? Yes. CD/DVD/Other exhibit? No. Number of copies: [4]. Received by clerk date: 08/26/2021. [1001012022] [20-1846, 20-1869] CB [Entered: 08/27/2021 10:29 AM]
January 5, 2021 Filing 30 JOINT APPENDIX (electronic and paper form) by VSL Pharmaceuticals, Inc. in 20-1846, Alfasigma USA, Inc. in 20-1869. Digital media exhibit volume? No. [1000875473] [20-1846, 20-1869] Brian Schwalb [Entered: 01/05/2021 10:33 AM]
December 22, 2020 Filing 29 FRAP 30(c) PAGE-PROOF RESPONSE BRIEF by Appellees Claudio De Simone and ExeGi Pharma, LLC in 20-1846, 20-1869. Page-Proof Respnse Brief due: 12/22/2020 [20-1846, 20-1869] Jeremy Schulman [Entered: 12/22/2020 05:28 PM]
December 22, 2020 Filing 28 (ENTRY RESTRICTED) BRIEF by Claudio De Simone and ExeGi Pharma, LLC in 20-1846, 20-1869 in electronic and paper format. Type of Brief: RESPONSE. [1000870270] [20-1846, 20-1869]--[Edited 12/23/2020 by TW, see ECF 30 for corrected filing] Jeremy Schulman [Entered: 12/22/2020 05:25 PM]
October 20, 2020 Opinion or Order Filing 27 ORDER filed granting Motion to withdraw/relieve/substitute counsel [ # 26 ]. Terminating Attorney Annie Meredith McGuire for Alfasigma USA, Inc. in 20-1846 and Alfasigma USA, Inc. in 20-1869. Copies to all parties. [1000832180] [20-1846, 20-1869] RE [Entered: 10/20/2020 07:51 AM]
October 19, 2020 Filing 26 MOTION by Alfasigma USA, Inc. in 20-1869 to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney... Date and method of service: 10/19/2020 ecf. [1000831891] [20-1846, 20-1869] Robert Brennen [Entered: 10/19/2020 02:52 PM]
October 16, 2020 Filing 25 FRAP 30(c) PAGE-PROOF OPENING BRIEF by Appellant VSL Pharmaceuticals, Inc. in 20-1846, Appellant Alfasigma USA, Inc. in 20-1869. Page-Proof Opening Brief due: 11/23/2020 [20-1846, 20-1869] Brian Schwalb [Entered: 10/16/2020 03:25 PM]
October 13, 2020 Filing 24 BRIEFING ORDER filed -- FRAP 30(c) Schedule. Paper copy requirements are temporarily suspended unless the case is under pre-argument review or being scheduled for argument, in which case a total of four paper copies of formal briefs and appendices are required. Page-Proof Opening Brief due: 11/23/2020. Page-Proof Response Brief due: 12/22/2020. Appendix under FRAP 30(c) due: 01/05/2021. All Briefs in Final Form due 10 days after FRAP 30(c) Appendix served. [20-1846, 20-1869] RE [Entered: 10/13/2020 01:44 PM]
October 13, 2020 Opinion or Order Filing 23 ORDER filed rescinding briefing order. Copies to all parties. [1000827977] [20-1846, 20-1869] RE [Entered: 10/13/2020 01:39 PM]
October 13, 2020 Opinion or Order Filing 22 ORDER filed granting Motion to proceed with a deferred appendix [ # 21 ]. Copies to all parties. [1000827975] [20-1846, 20-1869] RE [Entered: 10/13/2020 01:38 PM]
October 8, 2020 Filing 21 MOTION by VSL Pharmaceuticals, Inc. in 20-1846, Alfasigma USA, Inc. in 20-1869 to proceed with a deferred appendix. Date and method of service: 10/08/2020 ecf. [1000826578] [20-1846, 20-1869] Elizabeth Rinehart [Entered: 10/08/2020 04:17 PM]
September 9, 2020 Filing 20 BRIEFING ORDER filed. Paper copy requirements are temporarily suspended unless the case is under pre-argument review or being scheduled for argument, in which case a total of four paper copies of formal briefs and appendices are required. Opening Brief and Appendix due 10/19/2020. Response Brief due 11/18/2020. [20-1846, 20-1869] RE [Entered: 09/09/2020 08:00 AM]
August 26, 2020 Filing 18 DOCKETING STATEMENT by Alfasigma USA, Inc.. [20-1869] Robert Brennen [Entered: 08/26/2020 11:40 AM]
August 26, 2020 Filing 17 DISCLOSURE STATEMENT by Alfasigma USA, Inc. in 20-1869. Was any question on Disclosure Form answered yes? Yes [1000799812] [20-1846, 20-1869] Robert Brennen [Entered: 08/26/2020 11:19 AM]
August 26, 2020 Filing 16 APPEARANCE OF COUNSEL by Annie M. McGuire for Alfasigma USA, Inc. in 20-1869. [1000799808] [20-1846, 20-1869] Robert Brennen [Entered: 08/26/2020 11:17 AM]
August 26, 2020 Filing 15 APPEARANCE OF COUNSEL by Erinn M. Maguire for Alfasigma USA, Inc. in 20-1869. [1000799803] [20-1846, 20-1869] Robert Brennen [Entered: 08/26/2020 11:16 AM]
August 26, 2020 Filing 14 APPEARANCE OF COUNSEL by Robert S. Brennen for Alfasigma USA, Inc. in 20-1869. [1000799796] [20-1846, 20-1869] Robert Brennen [Entered: 08/26/2020 11:15 AM]
August 20, 2020 Filing 13 APPEARANCE OF COUNSEL by Mitchell Y. Mirviss for VSL Pharmaceuticals, Inc. in 20-1846. [1000796670] [20-1846, 20-1869] Mitchell Mirviss [Entered: 08/20/2020 06:12 PM]
August 20, 2020 Filing 12 (ENTRY RESTRICTED) APPEARANCE OF COUNSEL by Calvin R. Nelson for VSL Pharmaceuticals, Inc. in 20-1846.--[Edited 08/20/2020 by RE-same as ECF No. 12] [1000796448] [20-1846, 20-1869] Calvin Nelson [Entered: 08/20/2020 03:14 PM]
August 20, 2020 Filing 11 APPEARANCE OF COUNSEL by Calvin R. Nelson for VSL Pharmaceuticals, Inc. in 20-1846. [1000796246] [20-1846, 20-1869] Brian Schwalb [Entered: 08/20/2020 01:10 PM]
August 20, 2020 Filing 10 APPEARANCE OF COUNSEL by Brian L. Schwalb for VSL Pharmaceuticals, Inc. in 20-1846. [1000796238] [20-1846, 20-1869] Brian Schwalb [Entered: 08/20/2020 01:07 PM]
August 20, 2020 Filing 9 APPEARANCE OF COUNSEL by Elizabeth C. Rinehart for VSL Pharmaceuticals, Inc. in 20-1846. [1000796134] [20-1846, 20-1869] Elizabeth Rinehart [Entered: 08/20/2020 11:27 AM]
August 18, 2020 Filing 8 DISCLOSURE STATEMENT by VSL Pharmaceuticals, Inc. in 20-1846. Was any question on Disclosure Form answered yes? Yes [1000794631] [20-1846, 20-1869] Brian Schwalb [Entered: 08/18/2020 11:27 AM]
August 17, 2020 Filing 7 DISCLOSURE STATEMENT by ExeGi Pharma, LLC in 20-1846, 20-1869. Was any question on Disclosure Form answered yes? No [1000794198] [20-1846, 20-1869] Jeremy Schulman [Entered: 08/17/2020 09:26 PM]
August 17, 2020 Filing 6 DISCLOSURE STATEMENT by Claudio De Simone in 20-1846, 20-1869. Was any question on Disclosure Form answered yes? No [1000794197] [20-1846, 20-1869] Jeremy Schulman [Entered: 08/17/2020 09:23 PM]
August 17, 2020 Filing 5 APPEARANCE OF COUNSEL by Jeffrey S. Gavenman for Claudio De Simone and ExeGi Pharma, LLC in 20-1846, 20-1869. [1000794196] [20-1846, 20-1869] Jeremy Schulman [Entered: 08/17/2020 09:15 PM]
August 17, 2020 Filing 4 APPEARANCE OF COUNSEL by Jeremy W. Schulman for Claudio De Simone and ExeGi Pharma, LLC in 20-1846, 20-1869. [1000794195] [20-1846, 20-1869] Jeremy Schulman [Entered: 08/17/2020 09:13 PM]
August 12, 2020 Opinion or Order Filing 3 ORDER filed consolidating case 20-1869 with 20-1846. Copies to all parties. Mailed to: Koushik Bhattacharya, Turner Broughton, Brian Carr, John Cashmere, William Dickinson, Lydia Ferrarese, Andrew Mathews, Mark Weissman. [1000791356] [20-1846, 20-1869] RE [Entered: 08/12/2020 09:58 AM]
August 12, 2020 Filing 2 DOCKETING NOTICE issued Re: [ # 1 ] case Originating case number: 8:15-cv-01356-TDC. Mailed to: Koushik Bhattacharya, Turner Broughton, Brian Carr, John Cashmere, William Dickinson, Lydia Farraree, Andrew Mathews, Mark Weissman. [20-1869] RE [Entered: 08/12/2020 09:48 AM]
August 12, 2020 Filing 1 Case docketed. Originating case number: 8:15-cv-01356-TDC. Case manager: REdwards. [20-1869] RE [Entered: 08/12/2020 09:38 AM]

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Search for this case: Claudio De Simone v. Alfasigma USA, Inc.
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Plaintiff / appellee: EXEGI PHARMA, LLC
Represented By: Jeffrey Samuel Gavenman
Represented By: Jeremy Wyeth Schulman
Represented By: Koushik Bhattacharya
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Plaintiff / appellee: CLAUDIO DE SIMONE
Represented By: Jeffrey Samuel Gavenman
Represented By: Jeremy Wyeth Schulman
Represented By: Koushik Bhattacharya
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Defendant: VSL PHARMACEUTICALS, INC.
Represented By: Douglas Michael Nabhan Esq.
Represented By: Harold Edward Johnson
Represented By: Richard Thomas Matthews
Represented By: William Penn Dickinson III
Represented By: John Brian Cashmere
Represented By: Brian Lawrence Schwalb
Represented By: Turner Anderson Broughton
Represented By: Andrew Oltman Mathews
Represented By: Calvin Rodman Nelson
Represented By: Elizabeth Catherine Rinehart
Represented By: Mitchell Y. Mirviss
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Defendant: LEADIANT BIOSCIENCES, INC., formerly known as Sigma-Tau Pharmaceuticals, Inc
Represented By: Liesel Johanna Schopler
Represented By: Charles Samuel Fax
Represented By: Brian Lawrence Schwalb
Represented By: Turner Anderson Broughton
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Defendant / appellant: ALFASIGMA USA, INC., a Delaware corporation
Represented By: Brian T. Carr
Represented By: Lydia Ferrarese
Represented By: Mark A. Weissman
Represented By: Brian Lawrence Schwalb
Represented By: Turner Anderson Broughton
Represented By: Erinn Maureen Maguire
Represented By: Robert Scott Brennen
Represented By: Annie Meredith McGuire
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