Eagle Pharmaceuticals Inc. v. Eli Lilly and Company
Plaintiff: Eagle Pharmaceuticals Inc.
Defendant: Eli Lilly and Company
Case Number: 1:2018cv01121
Filed: July 30, 2018
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: XX US, Outside State
Presiding Judge: Mitchell S Goldberg
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 15
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 27, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2018 Opinion or Order Filing 54 ORDER approving #53 STIPULATION TO EXTEND TIME (1) for plaintiff to file its answering brief in opposition to defendants motion to stay (D.I. #49 ) and (2) for defendant to file its reply brief in support of its motion to stay to October 2, 2018 and October 11, 2018. Reset Scheduling Order Deadlines: (Answering Brief due 10/2/2018, Reply Brief due 10/11/2018). Signed by Judge Mitchell S. Goldberg on 9/27/2018. (crb)
September 27, 2018 Filing 53 STIPULATION TO EXTEND TIME (1) for plaintiff to file its answering brief in opposition to defendants motion to stay (D.I. 49) and (2) for defendant to file its reply brief in support of its motion to stay to October 2, 2018 and October 11, 2018, respectively - filed by Eli Lilly and Company. (Blumenfeld, Jack)
September 27, 2018 CORRECTING ENTRY: D.I. 53 Joint Stipulation has been removed at request of counsel and will be refiled with the correct dates. (jcs)
September 25, 2018 Case Reassigned to Judge Mitchell S. Goldberg of the United States District Court for the Eastern District of Pennsylvania. Please include the initials of the Judge (MSG) after the case number on all documents filed. (rjb)
September 21, 2018 Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 9/21/2018. The Court will not enter a scheduling Order at this time. (Court Reporter Dale Hawkins.) (ksr, )
September 19, 2018 Filing 52 PROPOSED Scheduling Order, by Eagle Pharmaceuticals Inc.. (Attachments: #1 Letter)(Farnan, Kelly) Modified on 9/19/2018 (nms).
September 14, 2018 Filing 51 MOTION for Pro Hac Vice Appearance of Attorney Karen N. Walker and Jay P. Lefkowitz - filed by Eagle Pharmaceuticals Inc.. (Farnan, Kelly)
September 14, 2018 Opinion or Order SO ORDERED, re #51 MOTION for Pro Hac Vice Appearance of Attorney Karen N. Walker and Jay P. Lefkowitz, filed by Eagle Pharmaceuticals Inc.. Signed by Judge Richard G. Andrews on 9/14/2018. (nms)
September 13, 2018 Filing 50 OPENING BRIEF in Support re #49 MOTION to Stay Proceedings, filed by Eli Lilly and Company.Answering Brief/Response due date per Local Rules is 9/27/2018. (Attachments: #1 Exhibits A-C)(Blumenfeld, Jack) Modified on 9/13/2018 (nms).
September 13, 2018 Filing 49 MOTION to Stay Proceedings - filed by Eli Lilly and Company. (Blumenfeld, Jack) Modified on 9/13/2018 (nms).
September 12, 2018 Filing 48 MOTION for Pro Hac Vice Appearance of Attorney David M. Krinsky and Benjamin M. Greenblum of WILLIAMS & CONNOLLY, LLP - filed by Eli Lilly and Company. (Blumenfeld, Jack)
September 12, 2018 Opinion or Order SO ORDERED, re #48 MOTION for Pro Hac Vice Appearance of Attorney David M. Krinsky and Benjamin M. Greenblum of WILLIAMS & CONNOLLY, LLP filed by Eli Lilly and Company. Signed by Judge Richard G. Andrews on 9/12/2018. (nms)
September 4, 2018 Opinion or Order Filing 47 Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 9/21/2018, at 11:30 AM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 9/4/2018. (nms)
August 30, 2018 Filing 46 Joint STATEMENT Pursuant to Local Rule 81.2, by Eagle Pharmaceuticals Inc.. (Farnan, Kelly) Modified on 8/31/2018 (nms).
August 30, 2018 Filing 45 NOTICE of Appearance by Kelly E. Farnan on behalf of Eagle Pharmaceuticals Inc. (Farnan, Kelly)
August 30, 2018 Filing 44 NOTICE of Appearance by Jack B. Blumenfeld on behalf of Eli Lilly and Company (Blumenfeld, Jack)
August 1, 2018 Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
July 31, 2018 Filing 43 Local Counsel Letter sent. Notice of Compliance deadline set for 8/30/2018. (nmg)
July 31, 2018 Filing 42 Record of case transferred in from District of New Jersey; Case Number in Other District: 2:17-cv-06415. Copy of Docket Sheet and original file
July 20, 2018 Opinion or Order Filing 41 ORDER, that Defendant's #14 Motion to Transfer Case to UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE, is GRANTED; the Clerk Office shall transfer this matter to the United States District Court of Delaware; Defendant's alternative request for a stay of this matter D.E. #14 is DENIED as moot; the Clerk of the Court shall close this matter; etc. ***CIVIL CASE TERMINATED. Signed by Judge John Michael Vazquez on 07/20/2018. (sms, ) [Transferred from New Jersey on 7/31/2018.]
July 20, 2018 Filing 40 OPINION; etc. Signed by Judge John Michael Vazquez on 07/20/2018. (sms) [Transferred from New Jersey on 7/31/2018.]
July 18, 2018 Opinion or Order Filing 39 ORDER, that the select portions of the following documents or portions thereof identified in the Index attached as Exhibit 1 to the Gannon Cert. contains Confidential and/or Highly Confidential information; Therefore, Eagle's motion pursuant to Local Civil Rule 5.3(c) to seal the Confidential Materials #33 is granted; etc. Signed by Magistrate Judge Mark Falk on 07/18/2018. (sms) [Transferred from New Jersey on 7/31/2018.]
February 5, 2018 Opinion or Order Filing 38 ORDER granting #3 Motion to Seal Limited Portions of Complaint; and the Complaint filed on August 24, 2017 shall be sealed pursuant to Local Civil Rule 5.3.. Signed by Magistrate Judge Mark Falk on 2/5/2018. (ld, ) [Transferred from New Jersey on 7/31/2018.]
December 12, 2017 Pro Hac Vice counsel, KAREN N. WALKER, P.C. and JAY P. LEFKOWITZ, P.C., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, ) [Transferred from New Jersey on 7/31/2018.]
December 6, 2017 Filing 37 Notice of Request by Pro Hac Vice Jay P. Lefkowitz to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8308577.) (WALSH, LIZA) [Transferred from New Jersey on 7/31/2018.]
December 6, 2017 Filing 36 Notice of Request by Pro Hac Vice Karen N. Walker to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8308561.) (WALSH, LIZA) [Transferred from New Jersey on 7/31/2018.]
December 4, 2017 Opinion or Order Filing 35 ORDER GRANTING PRO HAC VICE ADMISSION AS TO Jay P. Lefkowitz, P.C. and Karen N. Walker, P.C.. Signed by Magistrate Judge Mark Falk on 12/1/2017. (ld, ) [Transferred from New Jersey on 7/31/2018.]
November 30, 2017 Filing 34 Letter from Liza M. Walsh to the Hon. Mark Falk, U.S.M.J. encl. application on consent for the pro hac vice admission of Jay P. Lefkowitz, P.C., and Karen N. Walker, P.C.. (Attachments: #1 Certification of Liza M. Walsh, #2 Certification of Jay P. Lefkowitz, P.C., #3 Certification of Karen N. Walker, P.C., #4 Text of Proposed Order)(WALSH, LIZA) [Transferred from New Jersey on 7/31/2018.]
November 30, 2017 Filing 33 MOTION to Seal by EAGLE PHARMACEUTICALS, INC.. (Attachments: #1 Proposed Findings of Fact and Conclusions of Law, #2 Statement in Lieu of Brief, #3 Text of Proposed Order, #4 Certification of Christine I. Gannon with Ex. A, #5 Certificate of Service)(WALSH, LIZA) [Transferred from New Jersey on 7/31/2018.]
November 27, 2017 Opinion or Order Filing 32 TEXT ORDER: Please be advised that due to scheduling issues, the conference before the Undersigned on December 1, 2017 is hereby canceled and will be rescheduled by the Court. So Ordered by Magistrate Judge Mark Falk on 11/27/17. (LM, ) [Transferred from New Jersey on 7/31/2018.]
November 22, 2017 Opinion or Order Filing 31 TEXT ORDER: The Court has received Defendant's request to adjourn the December 1st conference in this case and Plaintiffs opposition thereto. The conference on December 1 will proceed as an in-person case management conference. It is not the Courts intention to enter a scheduling order at this time. See McDonnell Douglas Corp. v. Polin, 429 F.2d 30, 31 (3d Cir. 1970). So Ordered by Magistrate Judge Mark Falk on 11/22/17. (LM, ) [Transferred from New Jersey on 7/31/2018.]
November 13, 2017 Filing 30 Exhibit to #29 Brief in Support of Motion by ELI LILLY AND COMPANY. (STIO, ANGELO)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from New Jersey on 7/31/2018.]
November 13, 2017 Filing 29 BRIEF in Support filed by ELI LILLY AND COMPANY re #14 MOTION to Transfer Case to District of Delaware (Attachments: #1 Certificate of Service Redacted Brief and Certificate of Service)(STIO, ANGELO) [Transferred from New Jersey on 7/31/2018.]
November 13, 2017 Opinion or Order Filing 28 ORDER RE: filing of joint motion to seal. Signed by Magistrate Judge Mark Falk on 11/13/17. (sr, ) [Transferred from New Jersey on 7/31/2018.]
November 10, 2017 Filing 27 Letter from Liza M. Walsh. (WALSH, LIZA) [Transferred from New Jersey on 7/31/2018.]
November 9, 2017 Filing 26 REDACTION to #25 Letter, by EAGLE PHARMACEUTICALS, INC.. (WALSH, LIZA) [Transferred from New Jersey on 7/31/2018.]
November 9, 2017 Filing 25 Letter from Liza M. Walsh re #22 Letter,. (WALSH, LIZA)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from New Jersey on 7/31/2018.]
November 8, 2017 Pro Hac Vice counsel, BENJAMIN M. GREENBLUM, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (cm, ) [Transferred from New Jersey on 7/31/2018.]
November 8, 2017 Pro Hac Vice counsel, JOHN E. SCHMIDTLEIN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (cm, ) [Transferred from New Jersey on 7/31/2018.]
November 7, 2017 Filing 24 REDACTION to #20 Brief in Opposition to Motion,, by EAGLE PHARMACEUTICALS, INC.. (WALSH, LIZA) [Transferred from New Jersey on 7/31/2018.]
November 7, 2017 Filing 23 REDACTION to #22 Letter, by ELI LILLY AND COMPANY. (STIO, ANGELO) [Transferred from New Jersey on 7/31/2018.]
November 7, 2017 Filing 22 Letter from Angelo A. Stio III. (STIO, ANGELO)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from New Jersey on 7/31/2018.]
November 6, 2017 Filing 21 DECLARATION of Liza M. Walsh with Exhibits 1-2 re #20 Brief in Opposition to Motion,, by EAGLE PHARMACEUTICALS, INC.. (Attachments: #1 Certificate of Service)(WALSH, LIZA) [Transferred from New Jersey on 7/31/2018.]
November 6, 2017 Filing 20 BRIEF in Opposition filed by EAGLE PHARMACEUTICALS, INC. re #14 MOTION to Transfer Case to District of Delaware (WALSH, LIZA)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from New Jersey on 7/31/2018.]
October 31, 2017 Opinion or Order Filing 19 ORDER: Scheduling Conference set for 12/1/2017 at 11:00 AM in Newark - Courtroom 9 before Magistrate Judge Mark Falk. Signed by Magistrate Judge Mark Falk on 10/31/17. (LM, ) [Transferred from New Jersey on 7/31/2018.]
October 30, 2017 Filing 18 NOTICE of Appearance by KATELYN O'REILLY on behalf of EAGLE PHARMACEUTICALS, INC. (O'REILLY, KATELYN) [Transferred from New Jersey on 7/31/2018.]
October 30, 2017 Filing 17 Notice of Request by Pro Hac Vice John E. Schmidtlein, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8202133.) (STIO, ANGELO) [Transferred from New Jersey on 7/31/2018.]
October 30, 2017 Filing 16 Notice of Request by Pro Hac Vice Benjamin Greenblum to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8202109.) (STIO, ANGELO) [Transferred from New Jersey on 7/31/2018.]
October 27, 2017 Filing 15 Exhibit to #14 Motion to Transfer Case, by ELI LILLY AND COMPANY. (Attachments: #1 Declaration A. Stio and Brief (Unredacted- Filed Under Seal), #2 Exhibit D- Filed Under Seal)(STIO, ANGELO)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from New Jersey on 7/31/2018.]
October 27, 2017 Filing 14 MOTION to Transfer Case to District of Delaware by ELI LILLY AND COMPANY. (Attachments: #1 Brief (Redacted), #2 Declaration A. Stio (Redacted), #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Text of Proposed Order, #7 Certificate of Service)(STIO, ANGELO) [Transferred from New Jersey on 7/31/2018.]
October 27, 2017 Filing 13 Corporate Disclosure Statement by ELI LILLY AND COMPANY identifying Eli Lilly and Company as Corporate Parent.. (STIO, ANGELO) [Transferred from New Jersey on 7/31/2018.]
October 27, 2017 Filing 12 Exhibit to #11 Answer to Complaint, by ELI LILLY AND COMPANY. (STIO, ANGELO)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from New Jersey on 7/31/2018.]
October 27, 2017 Filing 11 ANSWER to Complaint , ANSWER to Complaint by ELI LILLY AND COMPANY. (Attachments: #1 Certificate of Service and Redacted Answer)(STIO, ANGELO) [Transferred from New Jersey on 7/31/2018.]
October 24, 2017 Opinion or Order Filing 10 ORDER ADMITTING PRO HAC VICE JOHN E. SCHMIDTLEIN, ESQ. AND BENJAMIN M. GREENBLUM, ESQ.. Signed by Magistrate Judge Mark Falk on 10/23/2017. (ld, ) [Transferred from New Jersey on 7/31/2018.]
October 20, 2017 Filing 9 APPLICATION/PETITION for Pro Hac Vice admission of J. Schmidtlein, Esq. and B. Greenbaum, Esq. for by ELI LILLY AND COMPANY. (Attachments: #1 Declaration A. Stio, #2 Declaration B. Greenblum, #3 Declaration J. Schmidtlein, #4 Text of Proposed Order)(STIO, ANGELO) [Transferred from New Jersey on 7/31/2018.]
September 12, 2017 Filing 8 WAIVER OF SERVICE Returned Executed by EAGLE PHARMACEUTICALS, INC.. ELI LILLY AND COMPANY waiver sent on 8/31/2017, answer due 10/30/2017. (WALSH, LIZA) [Transferred from New Jersey on 7/31/2018.]
August 30, 2017 Filing 7 NOTICE of Appearance by MARC D. HAEFNER on behalf of EAGLE PHARMACEUTICALS, INC. (HAEFNER, MARC) [Transferred from New Jersey on 7/31/2018.]
August 30, 2017 Filing 6 NOTICE of Appearance by CHRISTINE INTROMASSO GANNON on behalf of EAGLE PHARMACEUTICALS, INC. (GANNON, CHRISTINE) [Transferred from New Jersey on 7/31/2018.]
August 30, 2017 Filing 5 SUMMONS ISSUED as to ELI LILLY AND COMPANY Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *John Reilly* (jr) [Transferred from New Jersey on 7/31/2018.]
August 24, 2017 Filing 4 COMPLAINT against ELI LILLY AND COMPANY with JURY DEMAND, filed by EAGLE PHARMACEUTICALS, INC..(ld, )NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from New Jersey on 7/31/2018.]
August 24, 2017 Filing 3 MOTION to Seal Limited Portions of Complaint by EAGLE PHARMACEUTICALS, INC.. (Attachments: #1 Brief, #2 CERTIFICATION OF CHRISTINE I. GANNON, #3 PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW & PROPOSED ORDER GRANTING MOTION TO SEAL, #4 Certificate of Service)(ld, ) [Transferred from New Jersey on 7/31/2018.]
August 24, 2017 Filing 2 Corporate Disclosure Statement by EAGLE PHARMACEUTICALS, INC. identifying NONE as Corporate Parent.. (ld, ) [Transferred from New Jersey on 7/31/2018.]
August 24, 2017 Filing 1 COMPLAINT against ELI LILLY AND COMPANY ( Filing and Admin fee $ 400 receipt number NEW034253) with JURY DEMAND, filed by EAGLE PHARMACEUTICALS, INC.. (Attachments: #1 Civil Cover Sheet)(ld, ) [Transferred from New Jersey on 7/31/2018.]

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Defendant: Eli Lilly and Company
Represented By: Jack B. Blumenfeld
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Plaintiff: Eagle Pharmaceuticals Inc.
Represented By: Kelly E. Farnan
Represented By: Sara M. Metzler
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