Fresenius Kabi USA, LLC v. Custopharm, Inc.
Plaintiff: Fresenius Kabi USA, LLC
Defendant: Custopharm, Inc.
Case Number: 1:2020cv03254
Filed: October 30, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Michael E Hegarty
Referring Judge: Raymond P Moore
Nature of Suit: Patent - Abbreviated New Drug Application
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2020 Filing 22 MEMORANDUM regarding #21 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss for Improper Venue filed by Custopharm, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 12/23/2020. (Text Only Entry) (rmsec )
December 23, 2020 Filing 21 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss for Improper Venue by Defendant Custopharm, Inc.. (Reilly, Kathryn)
December 22, 2020 Opinion or Order Filing 20 Minute ORDER by Magistrate Judge Michael E. Hegarty on 22 December 2020.At the request of the parties, the Fed. R. Civ. P. 16(b) Scheduling Conference set for January 4, 2021 is vacated and rescheduled for January 21, 2021, at 10:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (cmadr, )
December 17, 2020 Filing 19 CORPORATE DISCLOSURE STATEMENT. (Reilly, Kathryn)
December 17, 2020 Filing 18 MEMORANDUM regarding #15 MOTION to Dismiss filed by Custopharm, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 12/17/2020. (Text Only Entry) (rmsec )
December 17, 2020 Opinion or Order Filing 17 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 12/17/2020. (Text Only Entry) (rmsec )
December 17, 2020 Opinion or Order Filing 16 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 12/17/2020. (Text Only Entry) (rmsec )
December 16, 2020 Filing 15 MOTION to Dismiss by Defendant Custopharm, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Reilly, Kathryn)
December 16, 2020 Filing 14 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Raymond P. Moore for all further proceedings. All future pleadings should be designated as 20-cv-3254-RM (angar, )
December 16, 2020 Filing 13 NOTICE of Entry of Appearance by Chuan Cheng on behalf of Custopharm, Inc.Attorney Chuan Cheng added to party Custopharm, Inc.(pty:dft) (Cheng, Chuan)
December 16, 2020 Filing 12 NOTICE of Entry of Appearance by Kathryn A. Reilly on behalf of Custopharm, Inc.Attorney Kathryn A. Reilly added to party Custopharm, Inc.(pty:dft) (Reilly, Kathryn)
December 16, 2020 Filing 11 CASE REASSIGNED pursuant to #10 . All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-03254-LTB. (Text Only Entry) (cmadr, ) Modified to correct entry on 12/16/2020 (cmadr, ).
December 16, 2020 Opinion or Order Filing 10 Minute ORDER by Magistrate Judge Michael E. Hegarty on 16 December 2020. Pursuant to the consent form filed by the parties declining consent under the D.C. Colo. LCivR 40.1(c) (ECF #9 ), the Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72 and D.C. Colo. LCivR 72.1(c). (cmadr, )
December 15, 2020 Filing 9 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Fresenius Kabi USA, LLC All parties do not consent.. (Varholak, Katherine)
December 8, 2020 Filing 8 NOTICE OF CASE ASSOCIATION (Related Cases) by James Gordon Sawtelle on behalf of Fresenius Kabi USA, LLC (Sawtelle, James)
December 1, 2020 Filing 7 SUMMONS Returned Executed by Fresenius Kabi USA, LLC. Custopharm, Inc. served on 11/25/2020, answer due 12/16/2020. (Sawtelle, James)
November 3, 2020 Opinion or Order Filing 6 Minute ORDER by Magistrate Judge Michael E. Hegarty on 3 November 2020. The parties shall complete and file the Magistrate Judge Consent Form (ECF 4-1) on or before December 15, 2020. It is ORDERED that the Fed. R. Civ. P. 16(b) Scheduling Conference shall be held on January 4, 2021, at 1:45 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Proposed Scheduling Order due 12/28/2020. (cmadr, )
November 2, 2020 Filing 5 Report re Patent: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (jtorr, )
November 2, 2020 Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jtorr, )
October 30, 2020 Filing 3 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jtorr, )
October 30, 2020 Filing 2 CORPORATE DISCLOSURE STATEMENT. (Sawtelle, James)
October 30, 2020 Filing 1 COMPLAINT against Custopharm, Inc. (Filing fee $ 400,Receipt Number 1082-7567833)Attorney James Gordon Sawtelle added to party Fresenius Kabi USA, LLC(pty:pla), filed by Fresenius Kabi USA, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons directed to Custopharm, Inc.)(Sawtelle, James)

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Defendant: Custopharm, Inc.
Represented By: Kathryn A. Reilly
Represented By: Chuan Cheng
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Plaintiff: Fresenius Kabi USA, LLC
Represented By: James Gordon Sawtelle
Represented By: Katherine Dawson Varholak
Represented By: Samuel Browne Ballingrud
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