Physicians Healthsource, Inc. v. Transcept Pharma, Inc. et al
| Physicians Healthsource, Inc. |
| Transcept Pharma, Inc., Purdue Pharma L.P., Purdue Pharma Inc., Logistic Innovations, LLC, Purdue Products LP and John Does |
| 3:2014cv00599 |
| May 1, 2014 |
| US District Court for the District of Connecticut |
| New Haven Office |
| XX US, Outside State |
| Stefan R Underhill |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (LaMura, K.) |
Filing 70
ORDER. This case has been stayed pending the resolution of other related proceedings. Rather than keeping it open on the docket, the Clerk is directed to administratively close the file without prejudice to reopening upon the filing of a motion to reopen by any party. Signed by Judge Stefan R. Underhill on 12/30/2016. (Buttrick, A.)
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Filing 69
ORDER granting #64 Motion to Stay; finding as moot #63 Motion to Stay. This case was transferred from the Northern District of California to the District of Connecticut because it is substantially similar to another case that is currently before this Court, Physicians Healthsource, Inc. v. Purdue Pharma LP et al., 3:12cv1208 (SRU). On February 3, 2014, I issued a stay in that case (doc. # 101), over the plaintiffs objection, pending final resolution of the relevant petition in FCC Proceeding Nos. 02-278 and 05-338. It is in the interests of judicial economy to stay this case as well, because the issues raised in those proceedings will also impact the resolution of this case. The plaintiffs arguments to the contrary, which effectively seek reconsideration of my previous ruling, are unavailing. Therefore, all proceedings in this case are stayed pending final resolution the relevant petition in FCC Proceeding Nos. 02-278 and 05-338. Signed by Judge Stefan R. Underhill on 8/12/2014. (Freuden, S.)
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| Filing 68 REPLY to Response to #64 MOTION to Stay (Corrected) filed by Logistic Innovations, LLC, Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products LP, Transcept Pharma, Inc.. (Attachments: #1 Exhibit Statement of Michael O' Rielly, FCC Commissioner)(Rinehart, Kim) |
| Filing 67 Memorandum in Opposition re #64 MOTION to Stay (Corrected) filed by Physicians Healthsource, Inc.. (Attachments: #1 Exhibit A - FCC 12.9.5, #2 Exhibit B - FCC 4.6.06, #3 Exhibit C - Westfax Comments, #4 Exhibit D - FCC Anda Order, #5 Exhibit E - Nack v Walburg Amicus, #6 Exhibit F - Nack v Walburg Suppl Amicus, #7 Exhibit G - Keye v. Amicus)(Wanca, Brian) |
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Filing 66
ORDER granting #65 Motion to Appear Pro Hac Vice Certificate of Good Standing due by 9/5/2014. Signed by Clerk on 7/7/2014. (Fazekas, J.)
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| Filing 65 MOTION for Attorney(s) Stephen H. Turner to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3293100) by Logistic Innovations, LLC. (Attachments: #1 Affidavit Affidavit of Stephen Turner in Support of His Admission Pro Hac Vice)(Shapiro, Peter) |
| Filing 64 MOTION to Stay (Corrected) by Logistic Innovations, LLC, Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products LP, Transcept Pharma, Inc..Responses due by 7/8/2014 (Attachments: #1 Exhibit)(Rinehart, Kim) |
| Filing 63 MOTION to Stay by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products LP, Transcept Pharma, Inc. Logistic Innovations, LLC .Responses due by 7/8/2014 (Attachments: #1 Exhibit)(Rinehart, Kim) |
| Filing 62 CERTIFICATE OF GOOD STANDING re #58 MOTION for Attorney(s) Brian J. Wanca to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3267372) by Physicians Healthsource, Inc.. (Campbell, A) |
| Filing 61 NOTICE of Appearance by Brian J. Wanca on behalf of Physicians Healthsource, Inc. (Wanca, Brian) |
| Filing 60 ENTERED IN ERROR:NOTICE by Physicians Healthsource, Inc. of Filing of Certificate of Good Standing (Wanca, Brian) Modified on 6/13/2014 (Campbell, A). |
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Filing 59
ORDER granting #58 Motion to Appear Pro Hac Vice, Brian J. Wanca Certificate of Good Standing due by 8/8/2014. Signed by Clerk on 6/9/2014. (Fazekas, J.)
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| Filing 58 MOTION for Attorney(s) Brian J. Wanca to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3267372) by Physicians Healthsource, Inc.. (Attachments: #1 Affidavit Affidavit of Brian J. Wanca)(Bellin, Aytan) |
| Filing 57 NOTICE of Appearance by Peter T. Shapiro on behalf of Logistic Innovations, LLC (Shapiro, Peter) |
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Filing 56
ORDER denying as moot #50 Motion to Transfer/Disqualify/Recuse Judge; granting #53 Motion for Extension of Time to 6/17/14 to respond to #1 Complaint; granting #54 Motion for Extension of Time to 6/17/14 to file Report of Parties Planning Meeting. Signed by Judge Stefan R. Underhill on 5/30/14. (Sbalbi, B.)
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Filing 55
ORDER OF TRANSFER. Case reassigned to Judge Stefan R. Underhill for all further proceedings Signed by Judge Janet Bond Arterton on 5/27/2014.(Malone, P.)
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| Filing 54 MOTION for Extension of Time until Rule 16 scheduling order, seeking suspension of deadlines in May 5 Standing Order by Logistic Innovations, LLC, Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products LP, Transcept Pharma, Inc.. (Rinehart, Kim) |
| Filing 53 MOTION for Extension of Time until 21 days after the Court rules on Motion to Transferto respond to complaint by Logistic Innovations, LLC, Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products LP, Transcept Pharma, Inc.. (Rinehart, Kim) |
| Filing 52 NOTICE of Appearance by Kim E. Rinehart on behalf of Transcept Pharma, Inc. (Rinehart, Kim) |
| Filing 51 NOTICE of Appearance by Aytan Y. Bellin on behalf of Physicians Healthsource, Inc. (Bellin, Aytan) |
| Filing 50 MOTION to Transfer/Disqualify/Recuse Judge by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products LP. (Attachments: #1 Exhibit Notice of Related Case)(Rinehart, Kim) |
| Filing 49 NOTICE by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products LP Notice of Related Case (Rinehart, Kim) |
| Filing 48 NOTICE of Appearance by Kim E. Rinehart on behalf of Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products LP (Rinehart, Kim) |
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Filing 47
Order on Pretrial Deadlines: : This case was transferred to Judge Janet Bond Arterton, all deadlines remain in effect until further order of the Court. THIS IS THE ONLY NOTICE THE COURT WILL ISSUE. Signed by Judge Janet Bond Arterton on 5/1/14.(Torday, B.)
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Filing 46
STANDARD PROTECTIVE ORDER Signed by Judge Janet Bond Arterton on 5/1/14.(Torday, B.)
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Filing 45
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet Bond Arterton on 5/1/14.(Torday, B.)
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| Filing 44 Case electronically transferred in from District of California Northern; Case Number 4:13-cv-05490. Modified on 5/2/2014 TO CORRECT THE DATE FILED (Oliver, T.). |
| Electronically transferred case to the District of Connecticut (cpS, COURT STAFF) (Filed on 5/1/2014) |
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Filing 43
ORDER by Judge Yvonne Gonzalez Rogers granting #26 Motion to Transfer Case to the District of Connecticut. (fs, COURT STAFF) (Filed on 4/30/2014)
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| Filing 42 CLERKS NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE DATE. Initial Case Management Conference set for 4/28/2014 is CONTINUED to Monday, 6/2/2014 02:00 PM before Judge Yvonne Gonzalez Rogers in Courtroom 1, 4th Floor, Oakland. Updated Case Management Statement due by 5/23/2014. (This is a text only docket entry, there is no document associated with this notice.) (fs, COURT STAFF) (Filed on 4/23/2014) |
| Filing 41 JOINT CASE MANAGEMENT STATEMENT filed by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc., Logistic Innovations LLC, Physicians Healthsource Inc. (Cheung, Tiffany) (Filed on 4/21/2014) Modified on 4/22/2014 (cpS, COURT STAFF). |
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Filing 40
ORDER VACATING ORDER TO SHOW CAUSE AND HEARING. The Court VACATES the Order to Show Cause set for 4/22/2014 as well as the hearing on the Motion re #26 MOTION to Transfer Case filed by Purdue Products L.P., Logistic Innovations, LLC, Transcept Pharma, Inc., Purdue Pharma L.P., Purdue Pharma Inc., ***Deadlines terminated. #37 Order to Show Cause, Set Motion and Deadlines/Hearings.. Signed by Judge Yvonne Gonzalez Rogers on 4/21/14. (fs, COURT STAFF) (Filed on 4/21/2014)
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| Filing 39 NOTICE of Attorneys' Fees and Costs Regarding Reply Brief by Logistic Innovations, LLC, Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc. re #37 Order to Show Cause. (Attachments: #1 Declaration of Tiffany Cheung, #2 Declaration of Stephen Turner)(Cheung, Tiffany) (Filed on 4/15/2014) Modified on 4/16/2014 (kcS, COURT STAFF). |
| Filing 38 Response to Order to Show Cause #37 Order to Show Cause by Physicians Healthsource, Inc.. (Attachments: #1 Exhibit Exhibit A to Plaintiff's Response to the Court's April 10, 2014 Order to Show Cause, #2 Exhibit Exhibit B to Plaintiff's Response to the Court's April 10, 2014 Order to Show Cause, #3 Exhibit Exhibit C to Plaintiff's Response to the Court's April 10, 2014 Order to Show Cause)(Jonckheer, Willem) (Filed on 4/15/2014) Modified on 4/16/2014 (kcS, COURT STAFF). |
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Filing 37
ORDER TO SHOW CAUSE RE: SANCTIONS Set/Reset Deadlines as to #26 MOTION to Transfer Case. Order to Show Cause Hearing set for 4/22/2014 02:00 PM. Show Cause Response due by 4/15/2014. Motion Hearing set for 4/15/2014 is CONTINUED to 4/22/2014 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 4/10/14. (fs, COURT STAFF) (Filed on 4/10/2014)
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| Filing 36 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wanca, Brian) (Filed on 4/10/2014) |
| Filing 35 STIPULATION and Proposed Order selecting Private ADR by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc. filed by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc., Physicians Healthsource Inc, Logistic Innovations LLC. (Cheung, Tiffany) (Filed on 4/7/2014) Modified on 4/8/2014 (cpS, COURT STAFF). |
| Filing 34 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cheung, Tiffany) (Filed on 4/7/2014) |
| Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cheung, Tiffany) (Filed on 4/7/2014) |
| Filing 32 REPLY (re #26 MOTION to Transfer Case ) filed byPurdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc.. (Cheung, Tiffany) (Filed on 3/20/2014) |
| Filing 31 RESPONSE (re #26 MOTION to Transfer Case ) Plaintiff's Memorandum in Opposition to Defendants' Motion to Transfer Venue to the District of Connecticut filed byPhysicians Healthsource, Inc.. (Jonckheer, Willem) (Filed on 3/10/2014) |
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Filing 30
ORDER by Judge Yvonne Gonzalez Rogers granting #29 Stipulation Extending Time to Respond and Resetting Date for Hearing to April 15, 2014. (fs, COURT STAFF) (Filed on 3/6/2014)
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| Set/Reset Deadlines as to #26 MOTION to Transfer Case. Responses due by 3/10/2014. Replies due by 3/20/2014. Motion Hearing set for 4/15/2014 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 3/6/2014) |
| Filing 29 STIPULATION WITH PROPOSED ORDER EXTENDING TIME TO RESPOND TO DEFENDANTS' MOTION TO TRANSFER VENUE filed by Physicians Healthsource, Inc., Transcept Pharma Inc, Purdue Products LP, Purdue Pharma LP, Purdue Pharma Inc, Logistic Innovations LLC. (Jonckheer, Willem) (Filed on 3/5/2014) Modified on 3/6/2014 (cpS, COURT STAFF). |
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Filing 28
ORDER by Judge Yvonne Gonzalez Rogers granting #27 Stipulation Rescheduling Case Management Conference AS MODIFIED BY THE COURT. (fs, COURT STAFF) (Filed on 3/3/2014)
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| Filing 27 STIPULATION WITH PROPOSED ORDER Rescheduling Case Management Conference filed by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc., Physicians Healthsource Inc, Logistic Innovations LLC. (Patterson, Benjamin) (Filed on 2/27/2014) Modified on 2/28/2014 (cpS, COURT STAFF). |
| Filing 26 MOTION to Transfer Case ; Memorandum of Points and Authorities filed by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc., Logist Innovations LLC. Motion Hearing set for 4/1/2014 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 3/6/2014. Replies due by 3/13/2014. (Attachments: #1 Proposed Order Granting Motion to Transfer, #2 Declaration of Ben Patterson In Support of Motion to Transfer, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Declaration of Brianne Weingarten In Support of Defendants' Motion to Transfer, #12 Declaration of Merrill Corry In Support of Defendants' Motion to Transfer)(Cheung, Tiffany) (Filed on 2/20/2014) Modified on 2/21/2014 (cpS, COURT STAFF). |
| Filing 25 NOTICE of Pendency of Other Actions or Proceedings by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc., Logistic Innovations LLC (Cheung, Tiffany) (Filed on 2/20/2014) Modified on 2/21/2014 (cpS, COURT STAFF). |
| Filing 24 Certificate of Interested Entities by Transcept Pharma, Inc. (Cheung, Tiffany) (Filed on 2/4/2014) |
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Filing 23
ORDER by Judge Yvonne Gonzalez Rogers granting #17 Motion to Substitute Attorney. Added attorney Patrik Johansson,Christopher M. Habashy for Logistic Innovations, LLC. Attorney Thomas Howard Prouty terminated (fs, COURT STAFF) (Filed on 2/4/2014)
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Filing 22
ORDER by Judge Yvonne Gonzalez Rogers granting #20 Stipulation Concerning Plaintiffs' Motion to Certify Class. (fs, COURT STAFF) (Filed on 2/4/2014)
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| Filing 21 Certificate of Interested Entities by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc. identifying Corporate Parent Purdue Holdings L.P. for Purdue Pharma L.P.. (Cheung, Tiffany) (Filed on 2/3/2014) |
| Filing 20 STIPULATION WITH PROPOSED ORDER re #5 MOTION to Certify Class filed by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc., Logistic Innovations, LLC, Physicians Healthsource Inc. (Patterson, Benjamin) (Filed on 1/31/2014) Modified on 2/3/2014 (cpS, COURT STAFF). |
| Filing 19 STIPULATION to Enlarge Time to Respond to Complaint filed by Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc., Logistics Innovations LLC, Physicians Healthsource Inc. (Patterson, Benjamin) (Filed on 1/31/2014) Modified on 2/3/2014 (cpS, COURT STAFF). |
| Filing 18 NOTICE of Appearance by Benjamin French Patterson (Patterson, Benjamin) (Filed on 1/31/2014) |
| Filing 17 MOTION to Substitute Attorney by Stephen H. Turner (Attachments: #1 Proposed Order)(Turner, Stephen) (Filed on 1/31/2014) Modified on 2/3/2014 (cpS, COURT STAFF). |
| Filing 16 NOTICE of Appearance by Tiffany Cheung (Cheung, Tiffany) (Filed on 1/31/2014) |
| Filing 15 Certificate of Interested Entities by Logistic Innovations, LLC (Turner, Stephen) (Filed on 1/31/2014) |
| Filing 14 ***INCORRECT CASE NUMBER ON THE PROPOSED ORDER. DOCUMENT RE-FILED, SEE DOCUMENT #17 *** NOTICE of Substitution of Counsel by Stephen H. Turner (Attachments: #1 Proposed Order re Substitution of Attorneys)(Turner, Stephen) (Filed on 1/31/2014) Modified on 2/3/2014 (cpS, COURT STAFF). Modified on 2/3/2014 (kk, COURT STAFF). |
| Filing 13 CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/17/2014. Initial Case Management Conference set for Monday, 3/24/2014 02:00 PM before Judge Yvonne Gonzalez Rogers in Courtroom 5, 2nd Floor, Oakland. (Attachments: #1 Standing Order) (fs, COURT STAFF) (Filed on 1/31/2014) |
| Filing 12 STIPULATION TO EXTEND THE DEADLINE FOR DEFENDANT LOGISTIC INNOVATIONS, LLC TO RESPOND TO COMPLAINT filed by Logistic Innovations, LLC, Physicians Healthsource, Inc.. (Prouty, Thomas) (Filed on 12/31/2013) Modified on 1/2/2014 (cpS, COURT STAFF). |
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Filing 11
ORDER by Judge Yvonne Gonzalez Rogers granting #6 Motion for Extension of Time to File Response/Reply re #5 MOTION to Certify Class Plaintiff's Notice of Motion and Motion for Class Certification Responses due by 2/4/2014. (fs, COURT STAFF) (Filed on 12/20/2013)
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Filing 10
ORDER by Judge Yvonne Gonzalez Rogers granting #9 Motion for Pro Hac Vice as to Brian J. Wanca representing Plaintiff. (fs, COURT STAFF) (Filed on 12/19/2013)
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| Filing 9 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8230018.) filed by Physicians Healthsource, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Wanca, Brian) (Filed on 12/13/2013) |
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Filing 8
ORDER, Case reassigned to Hon. Yvonne Gonzalez Rogers. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case.. Signed by Executive Committee on 12/13/13. (ha, COURT STAFF) (Filed on 12/13/2013)
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| Filing 7 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (lrc, COURT STAFF) (Filed on 12/12/2013) |
| Filing 6 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Certify Class Plaintiff's Notice of Motion and Motion for Class Certification Motion to Change Time to Respond to Motion to Certify Class filed by Physicians Healthsource, Inc.. (Attachments: #1 Proposed Order)(Jonckheer, Willem) (Filed on 12/11/2013) |
| Filing 5 MOTION to Certify Class Plaintiff's Notice of Motion and Motion for Class Certification filed by Physicians Healthsource, Inc.. Motion Hearing set for 4/29/2014 09:00 AM before Magistrate Judge Elizabeth D. Laporte. Responses due by 12/11/2013. Replies due by 12/18/2013. (Attachments: #1 Proposed Order)(Jonckheer, Willem) (Filed on 11/27/2013) |
| Filing 4 Summons Issued as to Logistic Innovations, LLC, Purdue Pharma Inc., Purdue Pharma L.P., Purdue Products L.P., Transcept Pharma, Inc. (mclS, COURT STAFF) |
| Filing 3 ADR SCHEDULING ORDER: Case Management Statement due by 2/18/2014. Case Management Conference set for 2/25/2014 10:00 AM. (mclS, COURT STAFF) (Filed on 11/27/2013) |
| Filing 2 Case assigned to Magistrate Judge Elizabeth D. Laporte. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 11/27/2013) |
| Filing 1 COMPLAINT Class Action Complaint against Physicians Healthsource, Inc. ( Filing fee $ 400, receipt number 0971-8191580.). Filed byPhysicians Healthsource, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Jonckheer, Willem) (Filed on 11/26/2013) |
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