In Re: Disposable Contact Lens Antitrust Litigation
Plaintiff: Jennifer Cristiano, Heather Butcher, Christian Miller, Joanne Hopf, Jessika Stetler, Benjamin W. Hewitt, Luanne Strickland, Suneeta D Fernandes, Diego Hernandez, Marcia Parker, Tamara O'Brien, Susan G Gordon, Kevin Moy, Pamela Mazzarella, Ginger Hatridge, Sergio Castillo, Jane Hart Hargett, Clemente Cesare, Tyler Brandafino, Christine Teti, Georgina Lepe, David L. Morse, Madeleine Collins, Sally Weinstein, Serge Pentsak, Melodie Alley, HAZEL PACHECO, Monika Paske, Kim Seller, Cregan Smith, John Weissman, Marlene Jacobus, Matt Gustafson, Brooke Salisbury, Brian Cohen, Judy Dillon, Jacqueline Gaston, Kimberly Martin, Gordon Mah, John Machikawa, Kaysha Izumoto, Willie Dillon, Racquel Dizon-Ikei, Debra Denton, Erin Depperschmidt, Dawn Homan, Juliana Brodsky, Morgan Devlin, Stacia Winfield, Alexis Ito, Courtney Riley, Elyse Ulino, Sidney Steen, Dana Travis, STEPHEN MANGUM, Amy Greenspan, Rachel Rondy-Geocaris, Jan Johnson, Melissa Silverman, Ashley Lanzarotti, Julie Ewald, Brent Halversen, Catherine Dingle, Nick Kehaya, Dan Leyva, Joseline Dotel, Gabrielle Pavelko, Marn Larsen-Ball, ALLISON MALDONADO, Laura Brooksbank, Andrew Morales, Tina Miranda, Nicholas Keaveny, Caitlin O'Neill, Jennifer L. Crose, Stephanie Dreyer, Jon Zeman, Luis Padilla, Madeline Carey, Monica Pasek, Frances Cameron, Kari Lucas, Gloria Goldblatt, Kathryn E Mabry, Kyle Hueser, Misty Bolen-Carson, Matthew J. Cardamone, James Sendzik, Delia Druley, Stephanie Kirkland, Sheryl Marean, Gaurav Khanna, Christopher Bessette, Bernadette Goodfellow, Brett Watson, Jeffrey Robb, Kathleen Schirf, Andee Leeds, Jennifer Sineni, Mallory L. Grossman, Jim Ronecker, Beneta D. Burt, Robin Blackenship, Jeanne M. Lyles, Rhonda Carter, Amber Davis, Miriam Pardoll, Rachel Miller, Lynne Lagarde, Rachel Taylor, BARBARA ZAMORA-VALDES, Rachel Berg, Judy Hirsch, Megan Neforos, Amy Lubin, Tyler Lambert, Jaquatta Becoats, Erika Targum, Marilyn Marlene Dedivanaj, Costco Wholesale Corporation, Amanda Cunha, Joe Felson, Stacie Ikei, Cora Beth Smith, Danyelle D. Westphal, Monique Moore, Amanda Heidel, Tracy L. Gray, Joanne Buckley, Dusty Price, Krysta Loera, Mary K. Shields and Mistelle Gilbert
Defendant: ABB/Con-cise Optical Group, LLC, ABB Optical Group, 1-800-Contacts.Com, Sam's West, Inc. d/b/a Sam's Club, Bausch Lomb Incorporated, Johnson & Johnson Vision Care, Inc., Cooper Vision, Inc., Bausch Lomb, Bausch and Lomb, Johnson Vision Care, Inc., Lensdiscounters.Com, Bausch & Lomb, Incorporated, Coopervision, Inc., Wal-Mart Stores, Inc, Bausch & Lomb, Inc., ABB Concise Optical Group, LLC, Alcon Vision, LLC, ABB Consise Optical Group, LLC, Johnson & Johnson, Novartis Corporation, Valeant Pharmaceuticals North America, LLC, Johnson & Johnson Vision Care Inc., National Lens LLC, Allied Vision Group, Inc. and Lens.com, Inc.
Interested Party: Jeffrey Stetler, Monika Pasek, Ben Hawkins and Lana Ohmes
In Re: In Re: Disposable Contact Lens Antitrust Litigation
Case Number: 3:2015md02626
Filed: June 10, 2015
Court: US District Court for the Middle District of Florida
Office: Jacksonville Office
County: XX US, Outside State
Presiding Judge: James R Klindt
Referring Judge: Harvey E Schlesinger
Nature of Suit: Anti-Trust
Cause of Action: 15:0001
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 27, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 27, 2019 Filing 1122 RESPONSE in Opposition re #1112 MOTION for miscellaneous relief, specifically to Maintain Under Seal ("Defendant Alcon Vision, LLC's Motion Under Local Rule 1.09 to Maintain Under Seal Exhibit to Plaintiffs' Response in Opposition to Defendants' Motion for R filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
December 27, 2019 Filing 1121 MOTION for certificate of appealability Pursuant to 28 USC 1292(b) by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care Inc.. (Smith, Robert)
December 27, 2019 Filing 1120 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shelli Kozachenko, shellikoz@gmail.com, 904.301.6842. (SMK)
December 27, 2019 Filing 1119 TRANSCRIPT of Final Pretrial Conference held on 12/11/19 before Judge Harvey E. Schlesinger. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 1/17/2020, Redacted Transcript Deadline set for 1/27/2020, Release of Transcript Restriction set for 3/26/2020. (SMK)
December 26, 2019 Sealed Document S-1118 (BD)
December 23, 2019 Opinion or Order Filing 1117 ORDER granting #1113 Plaintiffs' Unopposed Motion to Temporarily File Under Seal; document to be provided to Clerk for filing under seal; Defendants have until 1/2/2020 to move to permanently seal the document, failing which the Clerk will be directed to unseal it. Signed by Magistrate Judge James R. Klindt on 12/23/2019. (KAW)
December 20, 2019 Filing 1116 STIPULATION of Dismissal of counterclaims asserted by Allied Vision Group, Inc., and National Lens LLC against Alcon Vision, LLC, in Case No. 3:19-cv-903-J-20JRK by Alcon Vision, LLC. (Horovitz, Samuel)
December 19, 2019 Filing 1115 MEMORANDUM in opposition re #1103 Motion in Limine filed by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Declaration of Caitlin N. Fitzpatrick, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Marriott, David)
December 18, 2019 Filing 1114 RESPONSE in Opposition re #1094 MOTION for miscellaneous relief, specifically and Memorandum of Law to Preclude the Expert Testimony of Dr. Michael A. Williams Under Fed. R. Evid. 702 , #1095 MOTION for miscellaneous relief, specifically Motion to Exclude Opinions of Dr. Robert Cykiert, M.D. , #1097 MOTION for miscellaneous relief, specifically Motion to Strike Portions of Testimony of Dr. John L. Solow filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Williams Supplemental Declaration)(Lockamy, Michael)
December 18, 2019 Filing 1113 Unopposed MOTION for leave to file under seal (temporarily) by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
December 13, 2019 Filing 1112 MOTION for miscellaneous relief, specifically to Maintain Under Seal ("Defendant Alcon Vision, LLC's Motion Under Local Rule 1.09 to Maintain Under Seal Exhibit to Plaintiffs' Response in Opposition to Defendants' Motion for Remand of State Law Claims") by Alcon Vision, LLC. (Marriott, David)
December 13, 2019 Opinion or Order Filing 1110 ORDER dismissing case without prejudice re #1108 Joint Notice of settlement; directing the Clerk to terminate all pending motions and close Case No. 3:19-cv-903-J-20JRK; SEE ORDER FOR FURTHER DETAILS. Signed by Senior Judge Harvey E. Schlesinger on 12/13/2019. (MGG)
December 12, 2019 Filing 1108 NOTICE of settlement in Case No. 3:19-cv-903-J-20JRK by Alcon Vision, LLC (Horovitz, Samuel) Modified text on 12/13/2019. (AEJ)
December 11, 2019 Filing 1109 Minute Entry. Proceedings held before Senior Judge Harvey E. Schlesinger: FINAL PRETRIAL CONFERENCE held on 12/11/2019. Court Reporter: Shelli Kozachenko (MGG) (Attachment(s): #1 Court's Exhibit 1) (MGG). Modified on 12/13/2019 (MGG).
December 10, 2019 Opinion or Order Filing 1107 ORDER granting #1102 Plaintiffs' Unopposed Motion Under Local Rule 1.09 to Allow Plaintiffs to Temporarily File Under Seal Exhibits to Plaintiffs' Motion in Limine No. 12; Plaintiffs to provide documents to Clerk and they shall be filed under seal until further Order; absent Defendants moving to permanently seal by 12/23/2019, the Clerk will be automatically directed to unseal the documents. Signed by Magistrate Judge James R. Klindt on 12/10/2019. (KAW)
December 10, 2019 Filing 1106 RESPONSE in Opposition re #1092 MOTION in limine ("Defendants' Motion in Limine No. 12 to Preclude Plaintiffs from Seeking or Obtaining Duplicative Recovery") filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
December 6, 2019 Sealed Document, S-1105. (AEJ)
December 5, 2019 Filing 1104 DECLARATION of Nathaniel C. Giddings re #1103 MOTION in limine No. 12 by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (filed under seal), #6 Exhibit F (filed under seal))(Lockamy, Michael)
December 5, 2019 Filing 1103 MOTION in limine No. 12 by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
December 5, 2019 Filing 1102 Unopposed MOTION for leave to file under seal (temporarily) by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
December 5, 2019 Filing 1101 NOTICE of Appearance by Michael E. Lockamy on behalf of Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson (Lockamy, Michael)
December 5, 2019 Filing 1100 NOTICE of Appearance by Michael E. Lockamy on behalf of Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson (Lockamy, Michael)
December 5, 2019 Filing 1099 STIPULATION ("Final Pretrial Stipulation on behalf of Alcon Vision, LLC, ABB Optical Group, Johnson & Johnson Vision Care, Inc., and All Plaintiffs") by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Marriott, David)
December 4, 2019 Filing 1098 MOTION for miscellaneous relief, specifically Joint Motion for Entry of Stipulation on behalf of Alcon Vision, LLC, ABB Optical Group, Johnson & Johnson Vision Care, Inc., and All Plaintiffs by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Marriott, David)
December 4, 2019 Filing 1097 MOTION for miscellaneous relief, specifically Motion to Strike Portions of Testimony of Dr. John L. Solow by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Marriott, David)
December 4, 2019 Filing 1096 DECLARATION of Dennis P. Waggoner re #1095 MOTION for miscellaneous relief, specifically Motion to Exclude Opinions of Dr. Robert Cykiert, M.D. by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Waggoner, Dennis)
December 4, 2019 Filing 1095 MOTION for miscellaneous relief, specifically Motion to Exclude Opinions of Dr. Robert Cykiert, M.D. by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care Inc.. (Waggoner, Dennis)
December 4, 2019 Filing 1094 MOTION for miscellaneous relief, specifically and Memorandum of Law to Preclude the Expert Testimony of Dr. Michael A. Williams Under Fed. R. Evid. 702 by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Declaration of William F. Cavanaugh, Jr., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Declaration of Michael R. Baye)(Smith, Robert)
December 4, 2019 Opinion or Order Filing 1093 ORDER granting #1080 Plaintiffs' Unopposed Motion for Leave to Exceed Page Limit; granting #1083 Defendants' Unopposed Motion for Leave to Exceed Page Limit; granting #1088 Plaintiffs' Unopposed Motion Under Local Rule 1.09 to Allow Plaintiffs to Temporarily File Under Seal Exhibits to Plaintiffs' Memoranda of Law in Opposition to Defendants' Motions in Limine and Plaintiffs' Memoranda of Law in Response to Defendants' Motions in Limine. Plaintiffs shall provide the appropriate exhibits and portions of the response to the Clerk of Court. The Clerk shall then temporarily file the exhibits and portions of the response under seal. The exhibits and portions of the response filed under seal pursuant to this Order shall remain under seal until further Order. Defendants have until December 13, 2019 to move the Court to more permanently seal the exhibits/portions of the response at issue. Failing receipt of any motion to seal by that date, the Court will automatically direct the Clerk to unseal the exhibits and relevant portions of the response. Signed by Magistrate Judge James R. Klindt on 12/4/2019. (KAW)
December 2, 2019 Filing 1092 MOTION in limine ("Defendants' Motion in Limine No. 12 to Preclude Plaintiffs from Seeking or Obtaining Duplicative Recovery") by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Declaration of Gawon Go, #2 Exhibit 1)(Marriott, David)
November 27, 2019 Opinion or Order Filing 1091 ORDER denying as to the federal claims #872 Motion for summary judgment, #873 Motion for summary judgment, #874 Motion for summary judgment, #877 Motion for summary judgment, #906 Motion for summary judgment, #907 Motion for summary judgment, #908 Motion for summary judgment, and #912 Motion for summary judgment. Alcon, J&J and ABB's #1052 Motion for Remand of State Claims and Alcon's Motion to Dismiss Maryland State Law Claims will be addressed in a separate order. Signed by Senior Judge Harvey E. Schlesinger on 11/27/2019. (JSG)
November 25, 2019 Filing 1090 DECLARATION of Benjamin D. Steinberg re #1089 Memorandum in opposition by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Lockamy, Michael)
November 25, 2019 Filing 1089 MEMORANDUM in opposition re #1064 Motion in Limine, #1061 Motion in Limine, #1055 Motion in Limine, #1056 Motion in Limine filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 25, 2019 Filing 1088 Unopposed MOTION for leave to file under seal (temporarily) by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 25, 2019 Filing 1087 MEMORANDUM in opposition re #1065 Motion to supplement ("Defendants' Opposition to Plaintiffs' Motion to Supplement the Case Management Order to Allow Testimony of Trial Experts") filed by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Declaration of Gawon Go, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Marriott, David)
November 25, 2019 Filing 1086 MEMORANDUM in opposition re #1060 Motion in Limine ("Defendants' Opposition to Motion in Limine No. 11") filed by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Marriott, David)
November 25, 2019 Filing 1085 MEMORANDUM in opposition re #1059 Motion in Limine ("Defendants' Opposition to Motion in Limine No. 10") filed by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Marriott, David)
November 25, 2019 Filing 1084 RESPONSE to Motion re #1058 MOTION in limine Nos. 1-9 filed by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care Inc.. (Attachments: #1 Declaration of Kathrina Szymborski, #2 Exhibit 1, #3 Exhibit 2)(Smith, Robert)
November 25, 2019 Filing 1083 Unopposed MOTION for Leave to File Excess Pages by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care Inc.. (Smith, Robert)
November 25, 2019 Filing 1082 NOTICE of Appearance by Robert Troy Smith on behalf of Johnson & Johnson Vision Care, Inc. (Smith, Robert)
November 25, 2019 Filing 1081 NOTICE of Appearance by Robert Troy Smith on behalf of Johnson & Johnson Vision Care, Inc. (Smith, Robert)
November 25, 2019 Filing 1080 Unopposed MOTION for Leave to File Excess Pages by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 21, 2019 Filing 1079 NOTICE of hearing: Fairness Hearing set for 2/25/2020 at 2:15 PM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. (MGG)
November 21, 2019 Opinion or Order Filing 1078 ORDER denying as moot #1067 Motion for Admission to Appear Pro Hac Vice and Written Designation and Consent to Act. See Case Management Order (Doc. No. 61), entered July 15, 2015 (waiving requirements of Local Rules 2.01(a) and 2.02(a) for any attorney appearing in these actions who is admitted to practice before any United States Court and who pays the application fee). Signed by Magistrate Judge James R. Klindt on 11/21/2019. (MDC)
November 19, 2019 Sealed Document S-1077. (TSW)
November 19, 2019 Opinion or Order Filing 1076 ORDER granting #1075 Defendants' Unopposed Motion for Extension of Time for Parties to Respond to Motions Filed on November 7, 2019 and Supporting Memorandum of Law; responses due by 11/25/2019 to #1055, #1056, #1058, #1059, #1060, #1061, #1064 motions in limine, and #1065 motion regarding case management order. Signed by Magistrate Judge James R. Klindt on 11/19/2019. (KAW)
November 15, 2019 Filing 1075 Unopposed MOTION for Extension of Time to File Response/Reply as to #1064 MOTION in limine Omnibus Motion #2, #1061 MOTION in limine Omnibus Motion #1, #1055 MOTION in limine regarding Dr. Glazier's communications with JJCVI concerning the subpoena served on him by Plaintiffs, #1056 MOTION in limine ("Defendant Alcon Vision, LLC's Motions in Limine and Incorporated Memorandum of Law in Support"), #1058 MOTION in limine Nos. 1-9, #1060 MOTION in limine No. 11 regarding Co-Conspirator Statements, #1059 MOTION in limine No. 10 regarding Pro-Competitive Justification, #1065 MOTION to supplement the Case Management Order to Allow Testimony of Trial Experts by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care Inc.. (Horovitz, Samuel) Motions referred to Magistrate Judge James R. Klindt.
November 14, 2019 Opinion or Order Filing 1074 ORDER granting #1069 Plaintiffs' Unopposed Motion Under Local Rule 1.09 to Allow Plaintiffs to Temporarily File Under Seal an Exhibit to Plaintiffs' Opposition to Defendants' Motion for Remand of State Law Claims and Alcon's Motion to Dismiss Maryland State Law Claims; Plaintiffs to provide document to Clerk for filing; Defendants have until 12/13/2019 to move Court to more permanently seal the document, failing which it will automatically be unsealed. Signed by Magistrate Judge James R. Klindt on 11/14/2019. (KAW)
November 14, 2019 Opinion or Order Filing 1073 ORDER granting #1057 Plaintiffs' Unopposed Motion Under Local Rule 1.09 to Allow Plaintiffs to Temporarily File Under Seal Exhibits to Plaintiffs' Motions in Limine and Plaintiffs' Motion and Memorandum of Law to Supplement the Case Management Order to Allow Testimony of Trial Experts; Plaintiffs to provide documents to Clerk for filing; Defendants have until 11/21/2019 to move Court to more permanently seal the documents, failing which they will automatically be unsealed. Signed by Magistrate Judge James R. Klindt on 11/14/2019. (KAW)
November 14, 2019 Opinion or Order Filing 1072 ORDER granting #1068 Plaintiffs' Unopposed Motion and Memorandum of Law to Extend the Deadline to Respond to Defendants' Remand Motion; deeming timely filed #1070 Response and #1071 Declaration. Signed by Magistrate Judge James R. Klindt on 11/14/2019. (KAW)
November 13, 2019 Filing 1071 DECLARATION of Benjamin D. Steinberg re #1070 Response in Opposition to Motion by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit 1 [Under Seal])(Steinberg, Benjamin)
November 13, 2019 Filing 1070 RESPONSE in Opposition re #1052 MOTION for miscellaneous relief, specifically Defendants' Motion for Remand of State Law Claims and Defendant Alcon's Motion to Dismiss Maryland State Law Claims and Memorandum of Law in Support filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Steinberg, Benjamin)
November 13, 2019 Filing 1069 Unopposed MOTION for leave to file under seal temporarily An Exhibit to Plaintiffs' Opposition to Defendants' Motion for Remand of State Law Claims and Alcon's Motion to Dismiss Maryland State Law Claims by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Steinberg, Benjamin)
November 12, 2019 Filing 1068 Unopposed MOTION to extend time to respond to Defendants' remand motion by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 8, 2019 Filing 1067 MOTION for Esther Kim to appear pro hac vice by Johnson & Johnson Vision Care, Inc.. (Smith, Robert) Motions referred to Magistrate Judge James R. Klindt.
November 7, 2019 Filing 1066 DECLARATION of Joseph P. Guglielmo re #1065 MOTION to supplement the Case Management Order to Allow Testimony of Trial Experts by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lockamy, Michael)
November 7, 2019 Filing 1065 MOTION to supplement the Case Management Order to Allow Testimony of Trial Experts by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 7, 2019 Filing 1064 MOTION in limine Omnibus Motion #2 by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care Inc.. (Attachments: #1 Declaration of Jon Hatch, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19)(Smith, Robert)
November 7, 2019 Filing 1063 RESPONSE in Opposition re #1054 MOTION to Strike PLAINTIFFS' SUBMISSION OF THREE NEW EXPERT REPORTS IN VIOLATION OF THE JANUARY 12, 2018 ORDER filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 7, 2019 Filing 1062 DECLARATION of Nathaniel C. Giddings re #1058 MOTION in limine Nos. 1-9, #1060 MOTION in limine No. 11 regarding Co-Conspirator Statements, #1059 MOTION in limine No. 10 regarding Pro-Competitive Justification by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Lockamy, Michael)
November 7, 2019 Filing 1061 MOTION in limine Omnibus Motion #1 by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care Inc.. (Attachments: #1 Declaration of Jon Hatch, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19)(Smith, Robert)
November 7, 2019 Filing 1060 MOTION in limine No. 11 regarding Co-Conspirator Statements by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 7, 2019 Filing 1059 MOTION in limine No. 10 regarding Pro-Competitive Justification by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 7, 2019 Filing 1058 MOTION in limine Nos. 1-9 by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 7, 2019 Filing 1057 Unopposed MOTION for leave to file under seal temporarily by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 7, 2019 Filing 1056 MOTION in limine ("Defendant Alcon Vision, LLC's Motions in Limine and Incorporated Memorandum of Law in Support") by Alcon Vision, LLC. (Marriott, David)
November 7, 2019 Filing 1055 MOTION in limine regarding Dr. Glazier's communications with JJCVI concerning the subpoena served on him by Plaintiffs by Johnson & Johnson Vision Care Inc.. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2)(Smith, Robert)
November 5, 2019 Filing 1054 MOTION to Strike PLAINTIFFS' SUBMISSION OF THREE NEW EXPERT REPORTS IN VIOLATION OF THE JANUARY 12, 2018 ORDER by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Marriott, David) Motions referred to Magistrate Judge James R. Klindt.
November 4, 2019 Filing 1053 MEMORANDUM in support re #873 Motion for summary judgment, #877 Motion for summary judgment filed by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Robert)
October 28, 2019 Filing 1052 MOTION for miscellaneous relief, specifically Defendants' Motion for Remand of State Law Claims and Defendant Alcon's Motion to Dismiss Maryland State Law Claims and Memorandum of Law in Support by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Marriott, David)
October 24, 2019 Filing 1051 REPLY to Response to Motion re #1029 MOTION to Dismiss ("Motion and Supporting Memorandum of Alcon Vision, LLC to Dismiss Counterclaims III and IV of Lens.com, Inc.") ("Reply Memorandum of Law in Further Support of Alcon Vision LLC's Motion to Dismiss Lens.com, Inc's Counterclaims III and IV") filed by Alcon Vision, LLC. (Marriott, David)
October 24, 2019 Filing 1050 REPLY to Response to Motion re #1031 MOTION to Dismiss ("Motion and Supporting Memorandum of Alcon Vision, LLC to Dismiss Counterclaims I-III of Allied Vision Group, Inc. and National Lens, LLC") ("Reply Memorandum of Law in Further Support of Alcon Vision LLC's Motion to Dismiss Counterclaims I-III of Allied Vision Group, Inc. and National Lens, LLC") filed by Alcon Vision, LLC. (Attachments: #1 Declaration of Gawon Go in Support of the Motion of Alcon Vision LLC to Dismiss the Counterclaims of Allied Vision Group, Inc. and National Lens, LLC, #2 Exhibit 1 to the Declaration of Gawon Go)(Marriott, David)
October 23, 2019 Filing 1049 NOTICE of Appearance of Jeanette Bayoumi filed by Michael E. Lockamy on behalf of Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson (Lockamy, Michael) Modified on 10/24/2019 to edit text(TSW).
October 21, 2019 Opinion or Order Filing 1048 ORDER granting #1047 Emergency Consent Motion for Order Requiring Alcon Vision, LLC to Produce Address Information for the Purpose of Effectuating Notice. Signed by Magistrate Judge James R. Klindt on 10/21/2019. (KAW)
October 20, 2019 Filing 1047 Emergency MOTION for miscellaneous relief, specifically for Order Requiring Alcon Vision, LLC to Produce Address Information for the Purpose of Effectuating Notice (CONSENT) by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
October 8, 2019 Opinion or Order Filing 1046 ORDER Preliminarily Approving Settlement Agreement with Bausch & Lomb, Inc. and Amendment of Proposed Notice Plan. Signed by Senior Judge Harvey E. Schlesinger on 10/8/2019. (MGG)
October 3, 2019 Filing 1045 MEMORANDUM in opposition re #1031 Motion to dismiss to Alcon Vision's Motion to Dismiss Counterclaims I-III filed by Allied Vision Group, Inc., National Lens LLC. (Warncke, Daniel)
October 3, 2019 Filing 1044 NOTICE of change of address by Natalie Finkelman Bennett (Bennett, Natalie)
October 3, 2019 Filing 1043 RESPONSE in Opposition re #1029 MOTION to Dismiss ("Motion and Supporting Memorandum of Alcon Vision, LLC to Dismiss Counterclaims III and IV of Lens.com, Inc.") filed by Lens.com, Inc.. (Broughan, Crystal)
October 3, 2019 Opinion or Order Filing 1042 ORDER granting #1041 Motion to Withdraw as Attorney. Jeptha F. Barbour is permitted to withdraw as counsel for Defendant Lens.com, Inc. Defendant will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 10/3/2019. (MDC)
October 2, 2019 Filing 1041 MOTION for Jeptha F. Barbour to withdraw as attorney by Lens.com, Inc.. (Broughan, Crystal) Motions referred to Magistrate Judge James R. Klindt.
October 1, 2019 Filing 1040 NOTICE of change of address by Tracy D. Rezvani (Rezvani, Tracy)
September 20, 2019 Filing 1039 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Elyse Ulino, Brett Watson re #1037 MOTION for Settlement Preliminary Approval and Approval of Amendment of Proposed Notice Plan re Dates Related to the Proposed Notice Plan and Trial (Guglielmo, Joseph)
September 18, 2019 Opinion or Order Filing 1038 ORDER finding as moot #969 Motion to Strike Filing of Supplemental Authority. Signed by Senior Judge Harvey E. Schlesinger on 9/18/2019. (MGG)
September 17, 2019 Filing 1037 MOTION for Settlement Preliminary Approval and Approval of Amendment of Proposed Notice Plan by Rachel Berg, Amanda Cunha, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A - Settlement agreement, #2 Exhibit B - Guglielmo Decl., #3 Exhibit C - Proposed order, #4 Exhibit D - Azari Decl.)(Guglielmo, Joseph) Modified on 10/16/2019 MOOT per Order doc #1046/ Chambers (TSW).
September 17, 2019 Filing 1036 NOTICE of Appearance by Daniel R. Warncke on behalf of Allied Vision Group, Inc., National Lens LLC (Warncke, Daniel)
September 16, 2019 Opinion or Order Filing 1035 ORDER granting #1034 Joint Motion for Extension of Time to Respond to Motions to Dismiss Counterclaims and for Leave to File Reply Briefs; Lens.com and AVG shall have up to and including October 3, 2019 to respond to Alcon's motions to dismiss counterclaims; Alcon is permitted to file replies to the responses, not to exceed ten (10) pages each exclusive of the signature blocks and certificates of service, within twenty-one (21) days of the filing of the responses. Signed by Magistrate Judge James R. Klindt on 9/16/2019. (KAW)
September 11, 2019 Filing 1034 Joint MOTION for Extension of Time to File Response/Reply as to #1031 MOTION to Dismiss ("Motion and Supporting Memorandum of Alcon Vision, LLC to Dismiss Counterclaims I-III of Allied Vision Group, Inc. and National Lens, LLC"), #1029 MOTION to Dismiss ("Motion and Supporting Memorandum of Alcon Vision, LLC to Dismiss Counterclaims III and IV of Lens.com, Inc.") , Joint MOTION for leave to file reply briefs to responses to Motions to Dismiss by Alcon Vision, LLC, Lens.com, Inc., Allied Vision Group, Inc., National Lens LLC. (Horovitz, Samuel) Motions referred to Magistrate Judge James R. Klindt.
September 5, 2019 Filing 1033 RESPONSE re #1025 Notice of filing supplemental authority ("Defendants' Notice in Response to Plaintiffs' Supplemental Authority") filed by ABB Optical Group, Alcon Vision, LLC, Johnson & Johnson Vision Care, Inc.. (Marriott, David)
September 3, 2019 Filing 1032 DECLARATION of Gawon Go re #1031 MOTION to Dismiss ("Motion and Supporting Memorandum of Alcon Vision, LLC to Dismiss Counterclaims I-III of Allied Vision Group, Inc. and National Lens, LLC") by Alcon Vision, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Marriott, David)
September 3, 2019 Filing 1031 MOTION to Dismiss ("Motion and Supporting Memorandum of Alcon Vision, LLC to Dismiss Counterclaims I-III of Allied Vision Group, Inc. and National Lens, LLC") by Alcon Vision, LLC. (Marriott, David)
September 3, 2019 Filing 1030 DECLARATION of Gawon Go re #1029 MOTION to Dismiss ("Motion and Supporting Memorandum of Alcon Vision, LLC to Dismiss Counterclaims III and IV of Lens.com, Inc.") by Alcon Vision, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Marriott, David)
September 3, 2019 Filing 1029 MOTION to Dismiss ("Motion and Supporting Memorandum of Alcon Vision, LLC to Dismiss Counterclaims III and IV of Lens.com, Inc.") by Alcon Vision, LLC. (Marriott, David)
August 30, 2019 Filing 1028 NOTICE to counsel of filing of OFFICIAL TRANSCRIPTS (Motion Hearing - Volumes I and II). The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RDR, CRR, CRC; dsmabishop@yahoo.com; (904)549-1307. (SB)
August 30, 2019 Filing 1027 TRANSCRIPT of Motion Hearing (Volume II of II) held on August 22, 2019 before Judge Harvey E. Schlesinger. Court Reporter/Transcriber Shannon M. Bishop, RDR, CRR, CRC; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 9/20/2019, Redacted Transcript Deadline set for 9/30/2019, Release of Transcript Restriction set for 11/29/2019. (SB)
August 30, 2019 Filing 1026 TRANSCRIPT of Motion Hearing (Volume I of II) held on August 21, 2019 before Judge Harvey E. Schlesinger. Court Reporter/Transcriber Shannon M. Bishop, RDR, CRR, CRC; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 9/20/2019, Redacted Transcript Deadline set for 9/30/2019, Release of Transcript Restriction set for 11/29/2019. (SB)
August 29, 2019 Filing 1025 NOTICE of supplemental authority Relating to Their Opposition to Defendants' Motions for Summary Judgment by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Opinion)(Lockamy, Michael)
August 29, 2019 Filing 1024 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson Notice of Filing PowerPoint presentations used during August 21-22, 2019 hearing (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lockamy, Michael)
August 28, 2019 Filing 1023 NOTICE by Alcon Vision, LLC of Filing PowerPoint presentations used during August 21-22, 2019, summary judgment hearing (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Horovitz, Samuel)
August 28, 2019 Filing 1022 NOTICE by Johnson & Johnson Vision Care, Inc. Notice of Filing (Attachments: #1 Exhibit A - Defendants' Presentation on Alleged Horizontal Conspiracy, #2 Exhibit B - Summary Judgment Presentation Alleged Vertical Conspiracy, #3 Exhibit C - Defendants' Rebuttal Presentation on Alleged Horizontal Conspiracy)(Smith, Robert)
August 27, 2019 Filing 1021 NOTICE of Appearance by Crystal T. Broughan on behalf of Lens.com, Inc. (Broughan, Crystal)
August 27, 2019 Filing 1020 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #942 Reply to Response to Motion (Attachments: #1 Exhibit Doc. 942 (Unredacted))(Lockamy, Michael)
August 26, 2019 Filing 1019 NOTICE by ABB Optical Group Notice of Filing (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Waggoner, Dennis)
August 23, 2019 Filing 1018 NOTICE of hearing: Final Pretrial Conference set for 12/11/2019 at 1:30 PM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger, Jury Trial set for trial term commencing 2/3/2020 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. (MGG)
August 23, 2019 Opinion or Order Filing 1017 ORDER finding as moot #854 and #861 Motion for Sanctions for Spoilation. Signed by Senior Judge Harvey E. Schlesinger on 8/22/2019. (MGG)
August 22, 2019 Filing 1016 Minute Entry. Proceedings held before Senior Judge Harvey E. Schlesinger: ORAL ARGUMENTS held on 8/21/2019 re #872,#873,#874,#877,#906,#907,#908,#912 MOTIONS for summary judgment. Court Reporter: Shannon Bishop (MGG)
August 22, 2019 Filing 1014 RESPONSE re #967 Notice of filing supplemental authority filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
August 21, 2019 Filing 1015 Minute Entry. Proceedings held before Senior Judge Harvey E. Schlesinger: ORAL ARGUMENTS held on 8/21/2019 re #872,#873,#874,#877,#906,#907,#908,#912 MOTIONS for summary judgment. Court Reporter: Shannon Bishop (MGG)
August 16, 2019 Opinion or Order Filing 1013 ORDER granting #1012 Joint Motion for Permission to Use Electronic Equipment During Oral Argument on Motions for Summary Judgment; SEE ORDER FOR DETAILS. Signed by Magistrate Judge James R. Klindt on 8/16/2019. (KAW)
August 15, 2019 Filing 1012 Joint MOTION to allow electronic equipment, specifically laptop computers, cellular telephone and similar hand-held devices in the Courtroom during Oral Argument by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
August 8, 2019 Filing 1011 MOTION for miscellaneous relief, specifically Appointment of a Notice Administrator, Approval of Notice Plan, Approval of Deferring Distribution of the CVI Net Settlement Fund, and Setting a Schedule for Notice and Final Approval of CVI Settlement by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A - Declaration of Cameron R. Azari)(Lockamy, Michael) Modified on 10/16/2019 MOOT per Order doc #1046/Chambers(TSW).
August 3, 2019 Filing 1010 NOTICE by Alcon Vision, LLC ("Notice Regarding the Transfer of Allied Vision Group, Inc.'s UPP-Related Counterclaims") (Marriott, David)
August 1, 2019 Filing 1009 MDL TRANSFER ORDER with Simultaneous Separation and Remand of Certain Claims, sign by Sara S. Vance, chair (SJW)
July 30, 2019 Filing 1008 STIPULATION Regarding Evidence Related to the UPP Violations Facebook Group by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
July 26, 2019 Opinion or Order Filing 1007 ORDER granting #1006 Joint Motion Requesting Extension for Submission of Joint Class Notice Plan; parties shall have up to and including August 8, 2019 to submit a joint notice plan, or alternatively, to submit separate notice plans. Signed by Magistrate Judge James R. Klindt on 7/26/2019. (KAW)
July 25, 2019 Filing 1006 Joint MOTION to extend time to Submit Joint Class Notice Plan by Bausch & Lomb, Inc.. (Kifer, Jennifer)
July 23, 2019 Opinion or Order Filing 1005 ORDER denying #852 Plaintiffs' Motion to Amend the Case Management and Scheduling Order to Permit the Taking of One Additional Deposition. Signed by Magistrate Judge James R. Klindt on 7/23/2019. (KAW)
July 17, 2019 Opinion or Order Filing 1004 ORDER granting in part #1000 Amended Joint Motion Regarding Schedule for Argument for Hearing on Defendants' Motions for Summary Judgment; SEE ORDER FOR FURTHER DETAILS. Signed by Senior Judge Harvey E. Schlesinger on 7/17/2019. (MGG)
July 15, 2019 Opinion or Order Filing 1003 ORDER granting #1001 Joint Motion Requesting Extension for Submission of Joint Class Notice Plan. The parties shall have up to and including July 25, 2019 to submit a joint notice plan, or alternatively, to submit separate notice plans. Signed by Magistrate Judge James R. Klindt on 7/15/2019. (KAW)
July 15, 2019 Opinion or Order Filing 1002 ORDER granting #997 Consent Motion to Extend the July 15, 2019 Deadline for Plaintiffs to Move for Spoliation Sanctions Plaintiffs shall have up to and including July 29, 2019 to file any motion seeking sanctions for spoliation as to Defendants Bausch + Lomb, Incorporated and ABB Optical Group, LLC. B+L and ABB shall respond to any such motion no later than August 19, 2019. Signed by Magistrate Judge James R. Klindt on 7/15/2019. (KAW)
July 11, 2019 Filing 1001 Joint MOTION for Extension of Time to File a Joint Class Notice Plan by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
July 10, 2019 Filing 1000 Amended MOTION for Hearing regarding Schedule for Argument for Hearing on Defendants' Motions for Summary Judgment by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
July 10, 2019 Filing 999 Joint MOTION for Hearing regarding Schedule for Argument for Hearing on Defendants' Motions for Summary Judgment by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
July 3, 2019 Opinion or Order Filing 998 ORDER granting #994 Motion to Withdraw as Counsel of Record for Defendant ABB Optical Group. Patrick J. King is permitted to withdraw as counsel of record for Defendant ABB/Con-cise Optical Group, LLC. Defendant will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 7/3/2019. (MDC)
July 3, 2019 Filing 997 Consent MOTION to extend time to move for spoliation sanctions by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
July 3, 2019 Opinion or Order Filing 996 ORDER granting #991 Consent Motion for Leave to Subpoena Facebook for Information Regarding the UPP Violations Group. Signed by Magistrate Judge James R. Klindt on 7/3/2019. (KAW)
July 3, 2019 Opinion or Order Filing 995 ORDER granting #989 Partially Unopposed Second Motion to Extend the Deadline to Answer or Otherwise Respond to Lens.com, Inc.'s Counterclaims, to the extent that Alcon Vision, LLC shall have thirty days after the filing of any transfer order by the Judicial Panel on Multidistrict Litigation (JPML) regarding the AVG case (No. 1:18-cv-02486-MKB-PK (E.D.N.Y.)), or an order vacating the conditional transfer order in that case, to respond to Lens.com's (and, as applicable, AVG's) counterclaims. In the event that Alcon becomes aware of any issues that could cause a delay in receiving a ruling by the JPML in the AVG case, Alcon shall promptly notify this Court so that it may reconsider the response deadline. Signed by Magistrate Judge James R. Klindt on 7/3/2019. (KAW)
July 2, 2019 Filing 994 MOTION for Patrick J. King to withdraw as attorney for ABB Optical Group by ABB Optical Group. (Waggoner, Dennis) Motions referred to Magistrate Judge James R. Klindt.
June 28, 2019 Filing 993 NOTICE of Denial of Rule 23 (F) Petitions by ABB Optical Group, Alcon Vision, LLC, Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care, Inc. Regarding Denial of Rule 23(f) Petitions (Turner, Eliot) Modified text on 7/1/2019 (KKH).
June 26, 2019 Opinion or Order Filing 992 ORDER granting in part and denying in part #587 Plaintiffs' Second Motion to Compel Defendant Johnson & Johnson Vision Care, Inc.; granting in part and denying in part #759 Plaintiffs' Motion to Compel Defendant Alcon Laboratories, Inc. (now Alcon Vision, LLC) to Produce Privilege Logs that Comply with this Court's Orders and the Federal Rules of Civil Procedure; Defendants to comply with Order by 7/19/2019. Signed by Magistrate Judge James R. Klindt on 6/26/2019. (KAW)
June 26, 2019 Filing 991 Consent MOTION for miscellaneous relief, specifically Consent Motion for Leave to Subpoena Facebook for Information Regarding the UPP Violations Group by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
June 26, 2019 Filing 990 Amended NOTICE of change of firm name and address by Peggy J. Wedgworth (Wedgworth, Peggy) Modified text on 6/27/2019 (KKH).
June 26, 2019 Filing 989 Second MOTION for Extension of Time to File Response to Lens.com, Inc.'s Counterclaims by Alcon Vision, LLC. (Horovitz, Samuel)
June 26, 2019 Filing 988 NOTICE of change of firm name and address by Peggy J. Wedgworth (Wedgworth, Peggy) Modified text on 6/27/2019 (KKH).
June 25, 2019 Opinion or Order Filing 987 ORDER granting #985 Motion to Withdraw as Attorney. Elizabeth A. Fegan is permitted to withdraw as counsel of record for Plaintiffs Serge Pentsak and Monika Paske in this matter. Plaintiffs will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 6/25/2019. (MDC)
June 20, 2019 Filing 985 MOTION for Elizabeth A. Fegan to withdraw as attorney by Monica Pasek, Serge Pentsak. (Fegan, Elizabeth) Motions referred to Magistrate Judge James R. Klindt.
June 19, 2019 Opinion or Order Filing 984 ORDER granting #982 Unopposed Motion to Extend the Deadline to Answer or Otherwise Respond to Lens.com, Inc.'s Counterclaims. Alcon Vision, LLC shall have up to and including 6/27/2019 to file a response to Defendant Lens.com's First Amended Answer, Defenses, and Counterclaims (Doc. No. 67) filed in Member Case No.: 3:19-cv-706-J-20JRK. Unless otherwise ordered, all future filings shall be made in the lead case, 3:15-md-2626-J-20JRK. Signed by Magistrate Judge James R. Klindt on 6/19/2019. (MDC)
June 17, 2019 Sealed Document S-986. Pursuant to Order doc 976 (TSW)
June 17, 2019 Filing 983 NOTICE by Alcon Vision, LLC of Filing Unredacted Reply in Support of Motion for Summary Judgment and Accompanying Exhibits (Attachments: #1 Reply in Support of Motion for Summary Judgment, #2 Rx. 1, #3 Rx. 2, #4 Rx. 3, #5 Rx. 6)(Horovitz, Samuel)
June 17, 2019 Filing 982 Unopposed MOTION for Extension of Time to File Response to Lens.com, Inc.'s Counterclaims by Alcon Vision, LLC. (Horovitz, Samuel)
June 17, 2019 Sealed Documents S-979, S-980 and S-981. (TSW)
June 12, 2019 Filing 978 MDL TRANSFER ORDER with Simultaneous Separation and Remand of Certain Claims, sign by Sara S. Vance, chair (SJW)
June 10, 2019 Opinion or Order Filing 977 ORDER granting #975 Johnson & Johnson Vision Care, Inc.'s Unopposed Motion for Withdrawal of Counsel. Jacob F. Siegel is permitted to withdraw as counsel of record for Defendant Johnson & Johnson Vision Care, Inc. Defendant will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 6/10/2019. (MDC)
June 10, 2019 Opinion or Order Filing 976 ORDER denying #924 JJVCI's Motion to Maintain Certain Documents Under Seal; denying #925 CooperVision's Motion to Seal; denying #926 Alcon's Motion to Seal; no earlier than 6/19/2019, Clerk shall unseal documents submitted in support of Plaintiffs' opposition to summary judgment; any redacted versions due to the Clerk prior to 6/19/2019; denying #933 Alcon's Motion to Seal Limited Portions of Reply re summary judgment; Clerk to unseal spoliation record except as identified in Order; any request to unseal remainder of class certification record due 6/21/2019; responses(s) due 7/8/2019. Signed by Magistrate Judge James R. Klindt on 6/10/2019. (KAW)
June 7, 2019 Filing 975 Unopposed MOTION for Jacob F. Siegel to withdraw as attorney by Johnson & Johnson Vision Care Inc.. (Smith, Robert) Motions referred to Magistrate Judge James R. Klindt.
May 29, 2019 Filing 974 RESPONSE re #970 Notice (Other) Regarding the UPP Violations Group filed by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
May 29, 2019 Filing 973 NOTICE of Additional Counsel Appearance by Samuel Joseph Horovitz on behalf of Alcon Vision, LLC (Horovitz, Samuel)
May 28, 2019 Filing 972 RESPONSE in Opposition re #969 MOTION to Strike #967 Notice of filing supplemental authority filed by ABB Optical Group, Alcon Vision, LLC, Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care Inc.. (Attachments: #1 Text of Proposed Order Denying Motion to Strike)(Turner, Eliot)
May 24, 2019 Filing 971 NOTICE of hearing: ORAL ARGUMENT on Motions set for 8/21/2019 and 8/22/2019 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger re #872, #873, #874, #877, #906, #907, #908, #912 MOTIONS for summary judgment. (MGG)
May 23, 2019 Filing 970 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson (Lockamy, Michael)
May 23, 2019 Filing 969 MOTION to Strike #967 Notice of filing supplemental authority by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael) Motions referred to Magistrate Judge James R. Klindt.
May 22, 2019 Filing 968 NOTICE by Bausch & Lomb, Incorporated Regarding UPP Violations Facebook Group (Turner, Eliot)
May 20, 2019 Filing 967 NOTICE of supplemental authority re #907 MOTION for summary judgment , #906 MOTION for summary judgment , #912 MOTION for summary judgment on Plaintiffs' Vertical Resale Price Maintenance Claims, #908 MOTION for summary judgment on Plaintiffs' Horizontal Antitrust Conspiracy Claims and Memorandum of Law in Support by Alcon Vision, LLC. (Marriott, David)
May 14, 2019 Filing 966 DECLARATION of Kathrina Szymborski re #964 Memorandum in support by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit 122 to the Declaration of Benjamin Steinberg (ECF No. 854-1), #2 Exhibit 51 to the Declaration of Benjamin Steinberg in Support of Plaintiffs' Reply Brief (ECF No. 901-1), #3 Exhibit 22 to the Declaration of Benjamin Jackson (ECF No. 881-1))(Smith, Robert)
May 14, 2019 Filing 965 DECLARATION of Lauren Westin re #964 Memorandum in support by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
May 14, 2019 Filing 964 MEMORANDUM in support re #962 Memorandum in support of Maintaining Eleven Spoliation Exhibits Under Seal filed by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
May 8, 2019 Opinion or Order Filing 963 ORDER regarding #956 Notice Regarding Name Change; directing Clerk to update docket to substitute Alcon Vision, LLC as a Defendant in place of Alcon Laboratories, Inc. Signed by Magistrate Judge James R. Klindt on 5/8/2019. (KAW)
April 30, 2019 Filing 962 MEMORANDUM in support re #944 Notice (Other) of Unsealing the Spoliation Papers filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
April 22, 2019 Opinion or Order Filing 961 STIPULATION AND ORDER REGARDING TIMING OF CLASS CERTIFICATION NOTICE PLAN. Signed by Magistrate Judge James R. Klindt on 4/22/2019. (KAW)
April 22, 2019 Opinion or Order Filing 960 ORDER directing Plaintiffs to file any motion seeking sanctions for spoliation against B+L and ABB no later than 7/15/2019; response(s) due no later than 8/12/2019; denying #936 CooperVision, Inc.'s Motion for Leave to File Reply Brief in Support of Motion to Seal; Plaintiffs' memorandum re spoliation record unsealing due 4/30/2019; JJVCI's responsive memorandum due 5/14/2019; Court to set a schedule re request to unseal class certification record after resolving dispositive and spoliation record requests; any interested party has until 5/3/2019 to object to Alcon's request (see #956 Notice) that its name be changed on the docket, failing which the Court will direct the Clerk to update the docket accordingly. Signed by Magistrate Judge James R. Klindt on 4/22/2019. (KAW)
April 18, 2019 Filing 959 Minute Entry for proceedings held before Magistrate Judge James R. Klindt: TELEPHONIC STATUS HEARING held on 4/18/2019. (DIGITAL) (KAW)
April 17, 2019 Filing 958 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #955 Notice of hearing (Joint) (Lockamy, Michael)
April 15, 2019 Filing 957 CORPORATE Disclosure Statement by Alcon Laboratories, Inc. identifying Corporate Parent Alcon, Inc. for Alcon Laboratories, Inc... (Marriott, David)
April 15, 2019 Filing 956 NOTICE by Alcon Laboratories, Inc. ("Notice Regarding Name Change") (Marriott, David)
April 5, 2019 Filing 955 NOTICE SETTING TELEPHONIC STATUS CONFERENCE: Telephonic Status Conference set for 4/18/2019 at 02:00 PM before Magistrate Judge James R. Klindt. See notice for calling instructions and agenda. Joint notice regarding any matters the parties wish to address is due no later than 5:00 p.m. on 4/17/2019. (KAW)
March 27, 2019 Filing 954 NOTICE of change of address by Allan Steyer (Steyer, Allan)
March 11, 2019 Filing 953 NOTICE of change of address by Dennis Parker Waggoner (Waggoner, Dennis)
February 21, 2019 Opinion or Order Filing 952 ORDER removing this case from the pre-trial and trial calendar; SEE ORDER FOR FURTHER DETAILS. Signed by Senior Judge Harvey E. Schlesinger on 2/20/2019. (MGG)
February 12, 2019 Filing 951 NOTICE by Johnson & Johnson Vision Care Inc. re #948 Order pdf (Joint Response To Court's Order Regarding Stay Pending Resolution of Defendants' Rule 23(f) Petitions to the Eleventh Circuit Court of Appeals (Smith, Robert)
February 7, 2019 Opinion or Order Filing 950 ORDER granting #949 Coopervision's Motion for Withdrawal of Counsel. Michael G. Tanner is permitted to withdraw as counsel of record for Coopervision, Inc. Coopervision, Inc. will continue to be represented by the other counsel of record.Signed by Magistrate Judge James R. Klindt on 2/7/2019. (MDC)
February 6, 2019 Filing 949 MOTION for Michael Tanner to withdraw as attorney by Cooper Vision, Inc., Coopervision, Inc.. (Bishop, Thomas) Motions referred to Magistrate Judge James R. Klindt. Modified on 2/7/2019 contacted counsel in regards to using the correct case caption on all pleadings (TSW).
January 29, 2019 Opinion or Order Filing 948 ORDER directing parties to file briefs no later than 2/12/2019 addressing whether this litigation should be stayed in its entirety until the United States Court of Appeals for the Eleventh Circuit rules on Defendants' petitions that were filed on December 18, 2018. In addition, Defendants shall promptly notify this Court of any ruling by the Eleventh Circuit through filing a notice on this Court's docket. Signed by Magistrate Judge James R. Klindt on 1/29/2019. (KAW)
January 16, 2019 Filing 947 STIPULATION re #940 Order on Motion to Certify ClassOrder on Motion to StrikeOrder on Motion for Miscellaneous ReliefOrder on Motion for Sanctions (Joint Stipulation and [Proposed] Order Regarding Timing of Class Certification Notice Plan) by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
January 10, 2019 Opinion or Order Filing 946 ORDER granting #945 Plaintiffs' Unopposed Motion for Withdrawal of Counsel. Bernard Persky is permitted to withdraw as counsel of record forPlaintiffs. Plaintiffs will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 1/10/2019. (MDC)
January 9, 2019 Filing 945 MOTION for Bernard Persky to withdraw as attorney by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Steinberg, Benjamin) Motions referred to Magistrate Judge James R. Klindt.
December 24, 2018 Filing 944 NOTICE by Johnson & Johnson Vision Care Inc. re #943 Order (Joint Notice Regarding Unsealing of Plaintiffs' Motion for Spoliation Sanctions and Associated Briefing) (Smith, Robert)
December 18, 2018 Opinion or Order Filing 943 ORDER directing the parties, within 5 days of this Order, to file a notice informing the Court why the exhibits to Plaintiffs' Motion for Sanctions and exhibits to various pleadings should not be unsealed; SEE ORDER FOR FURTHER DETAILS. Signed by Senior Judge Harvey E. Schlesinger on 12/18/2018. (MGG)
December 17, 2018 Filing 942 REPLY to Response to Motion re #874 MOTION for summary judgment Defendants Alcon Laboratories, Inc., and ABB Optical Group's Motion for Summary Judgment and Memorandum of Law in Support, #873 MOTION for summary judgment on Plaintiffs' Alleged Vertical Conspiracy and Memorandum of Law in Suport, #877 MOTION for summary judgment on Plaintiffs' Horizontal Antitrust Conspiracy Claims and Memorandum of Law in Support, #872 MOTION for summary judgment on Plaintiffs' Vertical Resale Price Maintenance Claims filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
December 6, 2018 Opinion or Order Filing 941 ORDER granting #938 Plaintiffs' Consent Motion for Leave to Exceed Page Limit; Plaintiffs may file a sur-reply regarding Defendants' motions for summary judgment, and the sur-reply shall not exceed sixty (60) pages (exclusive of the case style, tables, signature blocks and certificate of service). Signed by Magistrate Judge James R. Klindt on 12/6/2018. (KAW)
December 4, 2018 Opinion or Order Filing 940 ORDER granting #396, Doc S-404 Motion to Certify Class; denying #500, S-531 Motion to Strike ; denying #503, S-535 Motion to Strike ; denying #693, S-720 Motion ; taking under advisement #854 Motion for Sanctions. The Court Certified Classes as listed in the Order. Pursuant to Rule 23(c)(2)(B), Federal Rules of Civil Procedure, the parties shall confer and submit to the Court, on or before 1/16/2019, a joint proposed class notice plan and form of notice. If the parties are unable to agree on a class notice plan and form of notice, the parties shall each submit one on or before 1/30/2019, accompanied by a memorandum explaining that party's position. Each party shall respond to the other's proposed notice plan and form of notice no later than 2/13/2019. Discovery shall be REOPENED, for 45 days, with respect to Defendants B&L and ABB for the limited purpose of investigating whether any connection exists between those Defendants and Dr. Glazier and the UPP Violations group. See order for further detail. Signed by Senior Judge Harvey E. Schlesinger on 12/4/2018. (TSW) Modified on 12/4/2018 to correct text (LRB).
December 3, 2018 Filing 939 RESPONSE in Opposition re #933 MOTION for leave to file under seal documents filed in connection with Alcon Laboratories, Inc., and ABB Optical Group's Reply to Plaintiffs' Response to Summary Judgment Motions filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A)(Lockamy, Michael)
December 3, 2018 Filing 938 Consent MOTION for Leave to File Excess Pages by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 21, 2018 Filing 937 RESPONSE to Motion re #936 MOTION for leave to file Reply Brief in Support of Motion to Seal filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
November 20, 2018 Filing 936 MOTION for leave to file Reply Brief in Support of Motion to Seal by Coopervision, Inc.. (Bishop, Thomas)
November 19, 2018 Filing 935 REPLY to Response to Motion re #877 MOTION for summary judgment on Plaintiffs' Horizontal Antitrust Conspiracy Claims and Memorandum of Law in Support filed by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care Inc.. (Attachments: #1 Declaration of William Cavanaugh, Jr., #2 Exhibit 120, #3 Exhibit 121, #4 Exhibit 122)(Smith, Robert)
November 19, 2018 Filing 934 REPLY to Response to Motion re #873 MOTION for summary judgment on Plaintiffs' Alleged Vertical Conspiracy and Memorandum of Law in Suport filed by ABB Optical Group, Johnson & Johnson Vision Care Inc.. (Attachments: #1 Declaration of Jonathan H. Hatch in Support of Defendants Johnson & Johnson Vision Care, Inc. and ABB Optical Group's Motion for Summary Judgment on Plaintiffs' Alleged Vertical Conspiracy, #2 Exhibit 1)(Smith, Robert)
November 19, 2018 Filing 933 MOTION for leave to file under seal documents filed in connection with Alcon Laboratories, Inc., and ABB Optical Group's Reply to Plaintiffs' Response to Summary Judgment Motions by Alcon Laboratories, Inc.. (Horovitz, Samuel)
November 19, 2018 Filing 932 DECLARATION of Caitlin N. Fitzpatrick re #931 Reply to Response to Motion by ABB Optical Group, Alcon Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Horovitz, Samuel)
November 19, 2018 Filing 931 REPLY to Response to Motion re #874 MOTION for summary judgment Defendants Alcon Laboratories, Inc., and ABB Optical Group's Motion for Summary Judgment and Memorandum of Law in Support filed by ABB Optical Group, Alcon Laboratories, Inc.. (Horovitz, Samuel)
November 19, 2018 Filing 930 REPLY to Response to Motion re #912 MOTION for summary judgment on Plaintiffs' Vertical Resale Price Maintenance Claims filed by ABB Optical Group, Bausch & Lomb, Inc.. (Attachments: #1 Affidavit of Eliot Turner in Support of Motion for Summary Judgment, #2 Exhibit 73, #3 Exhibit 74)(Turner, Eliot)
November 19, 2018 Opinion or Order Filing 929 ORDER granting #927 Defendants' Unopposed Motion to Set Page Limits for Reply Briefs In Support of Motions for Summary Judgment; Defendants may file reply briefs as outlined in the motion, and they collectively shall not exceed sixty-five (65) pages. Signed by Magistrate Judge James R. Klindt on 11/19/2018. (KAW)
November 16, 2018 Filing 928 RESPONSE in Opposition re #926 MOTION for leave to file under seal documents filed in connection with Plaintiffs' Response to Summary Judgment Motions, #925 MOTION for leave to file under seal under Local Rule 1.09(a) filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A)(Lockamy, Michael)
November 13, 2018 Filing 927 Unopposed MOTION for Leave to File Excess Pages for Reply Briefs in Support of Motions for Summary Judgment by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Inc., Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
November 5, 2018 Filing 926 MOTION for leave to file under seal documents filed in connection with Plaintiffs' Response to Summary Judgment Motions by Alcon Laboratories, Inc.. (Riley, James)
November 5, 2018 Filing 925 MOTION for leave to file under seal under Local Rule 1.09(a) by Cooper Vision, Inc.. (Bishop, Thomas)
November 5, 2018 Filing 924 MOTION to maintain certain documents under seal with a memorandum in support re #917 Memorandum in opposition, #918 Declaration Motion to Maintain Certain Documents Under Seal filed by Johnson & Johnson Vision Care, Inc.. (Smith, Robert) Modified on 11/7/2018 per Chambers changed notice to a motion(TSW).
October 24, 2018 Sealed Document, S-923. (AEJ)
October 24, 2018 Filing 923 EXHIBITS (PART 5 #404 - #426) re #919 OPPOSITION (Attachments: #1 Exhibit 405, #2 Exhibit 406, #3 Exhibit 407, #4 Exhibit 408, #5 Exhibit 409, #6 Exhibit 410, #7 Exhibit 411, #8 Exhibit 412, #9 Exhibit 413, #10 Exhibit 414, #11 Exhibit 415, #12 Exhibit 416, #13 Exhibit 417, #14 Exhibit 418, #15 Exhibit 419, #16 Exhibit 420, #17 Exhibit 421, #18 Exhibit 422, #19 Exhibit 423, #20 Exhibit 424, #21 Exhibit 425, #22 Exhibit 426)(AEJ) Modified on 6/20/2019 unsealed pursuant to Order doc #976(TSW).
October 24, 2018 Sealed Document, S-922. (AEJ)
October 24, 2018 Filing 922 EXHIBITS (PART 4 #303 - #403) re #919 OPPOSITION (Attachments: #1 Exhibit 304, #2 Exhibit 305, #3 Exhibit 306, #4 Exhibit 307, #5 Exhibit 308, #6 Exhibit 309, #7 Exhibit 310, #8 Exhibit 311, #9 Exhibit 312, #10 Exhibit 313, #11 Exhibit 314, #12 Exhibit 315, #13 Exhibit 316, #14 Exhibit 317, #15 Exhibit 318, #16 Exhibit 319, #17 Exhibit 320, #18 Exhibit 321, #19 Exhibit 322, #20 Exhibit 323, #21 Exhibit 324, #22 Exhibit 325, #23 Exhibit 326, #24 Exhibit 327, #25 Exhibit 328, #26 Exhibit 329, #27 Exhibit 330, #28 Exhibit 331, #29 Exhibit 332, #30 Exhibit 333, #31 Exhibit 334, #32 Exhibit 335, #33 Exhibit 336, #34 Exhibit 337, #35 Exhibit 338, #36 Exhibit 339, #37 Exhibit 340, #38 Exhibit 341, #39 Exhibit 342, #40 Exhibit 343, #41 Exhibit 344, #42 Exhibit 345, #43 Exhibit 346, #44 Exhibit 347, #45 Exhibit 348, #46 Exhibit 349, #47 Exhibit 350, #48 Exhibit 351, #49 Exhibit 352, #50 Exhibit 353, #51 Exhibit 354, #52 Exhibit 355, #53 Exhibit 356, #54 Exhibit 357, #55 Exhibit 358, #56 Exhibit 359, #57 Exhibit 360, #58 Exhibit 361, #59 Exhibit 362, #60 Exhibit 363, #61 Exhibit 364, #62 Exhibit 365, #63 Exhibit 366, #64 Exhibit 367, #65 Exhibit 368, #66 Exhibit 369, # 67 Exhibit 370 PDF removed and replaced with (101) pursuant to Order doc #976, #68 Exhibit 371, #69 Exhibit 372, #70 Exhibit 373, #71 Exhibit 374, #72 Exhibit 375, #73 Exhibit 376, #74 Exhibit 377, #75 Exhibit 378, #76 Exhibit 379, #77 Exhibit 380, #78 Exhibit 381, #79 Exhibit 382, #80 Exhibit 383, #81 Exhibit 384, #82 Exhibit 385, #83 Exhibit 386, #84 Exhibit 387, #85 Exhibit 388, #86 Exhibit 389, #87 Exhibit 390, #88 Exhibit 391, #89 Exhibit 392, #90 Exhibit 393, #91 Exhibit 394, #92 Exhibit 395, #93 Exhibit 396, #94 Exhibit 397, #95 Exhibit 398, #96 Exhibit 399, #97 Exhibit 400, #98 Exhibit 401, #99 Exhibit 402, #100 Exhibit 403)(AEJ) (Additional attachment(s) added on 6/20/2019: #101 Exhibit 370) (TSW). Modified on 6/20/2019 to edit text and replace exhibit 370 pursuant to Order doc #976 (TSW). Modified on 6/20/2019 unsealed pursuant to Order doc #976 (TSW).
October 24, 2018 Sealed Document, S-921. (AEJ)
October 24, 2018 Filing 921 EXHIBITS (PART 3 #201 - #302) re #919 OPPOSITION (Attachments: #1 Exhibit 202, #2 Exhibit 203, #3 Exhibit 204, #4 Exhibit 205, #5 Exhibit 206, #6 Exhibit 207, #7 Exhibit 208, #8 Exhibit 209, #9 Exhibit 210, #10 Exhibit 211, #11 Exhibit 212, #12 Exhibit 213, #13 Exhibit 214, #14 Exhibit 215, #15 Exhibit 216, #16 Exhibit 217, #17 Exhibit 218, #18 Exhibit 219, #19 Exhibit 220, #20 Exhibit 221, #21 Exhibit 222, #22 Exhibit 223, #23 Exhibit 224, #24 Exhibit 225, #25 Exhibit 226, #26 Exhibit 227, #27 Exhibit 228, #28 Exhibit 229, #29 Exhibit 230, #30 Exhibit 231, #31 Exhibit 232, #32 Exhibit 233, #33 Exhibit 234, #34 Exhibit 235, #35 Exhibit 236, #36 Exhibit 237, #37 Exhibit 238, #38 Exhibit 239, #39 Exhibit 240, #40 Exhibit 241, #41 Exhibit 242, #42 Exhibit 243, #43 Exhibit 244, #44 Exhibit 245, #45 Exhibit 246, #46 Exhibit 247, #47 Exhibit 248, #48 Exhibit 249, #49 Exhibit 250, #50 Exhibit 251, #51 Exhibit 252, #52 Exhibit 254, #53 Exhibit 255, #54 Exhibit 256, #55 Exhibit 257, #56 Exhibit 258, #57 Exhibit 259, #58 Exhibit 260, #59 Exhibit 261, #60 Exhibit 262, #61 Exhibit 263, #62 Exhibit 264, #63 Exhibit 265, #64 Exhibit 266, #65 Exhibit 267, #66 Exhibit 268, #67 Exhibit 269, #68 Exhibit 270, #69 Exhibit 271, #70 Exhibit 272, #71 Exhibit 273, #72 Exhibit 274, #73 Exhibit 275, #74 Exhibit 276, #75 Exhibit 277, #76 Exhibit 278, #77 Exhibit 279, #78 Exhibit 280, #79 Exhibit 281, #80 Exhibit 282, #81 Exhibit 283, #82 Exhibit 284, #83 Exhibit 285, #84 Exhibit 286, #85 Exhibit 287, #86 Exhibit 288, #87 Exhibit 289, #88 Exhibit 290, #89 Exhibit 291, #90 Exhibit 292, #91 Exhibit 293, #92 Exhibit 294, #93 Exhibit 295, #94 Exhibit 296, #95 Exhibit 297, #96 Exhibit 298, #97 Exhibit 299, #98 Exhibit 300, #99 Exhibit 301, #100 Exhibit 302)(AEJ) Modified on 6/20/2019 unsealed pursuant to Order doc #976 (TSW).
October 24, 2018 Sealed Document, S-920. (AEJ)
October 24, 2018 Filing 920 EXHIBITS (PART 2 #101 - #200) re #919 OPPOSITION (Attachments: #1 Exhibit 102, #2 Exhibit 103, #3 Exhibit 104, #4 Exhibit 105, #5 Exhibit 107, #6 Exhibit 108, #7 Exhibit 110, #8 Exhibit 111, #9 Exhibit 112, #10 Exhibit 113, #11 Exhibit 114, #12 Exhibit 115, #13 Exhibit 116, #14 Exhibit 117, #15 Exhibit 118, #16 Exhibit 119, #17 Exhibit 120, #18 Exhibit 121, #19 Exhibit 122, #20 Exhibit 123, #21 Exhibit 124, #22 Exhibit 125, #23 Exhibit 126, #24 Exhibit 127, #25 Exhibit 128, #26 Exhibit 129, #27 Exhibit 130, #28 Exhibit 131, #29 Exhibit 132, #30 Exhibit 133, #31 Exhibit 134, #32 Exhibit 135, #33 Exhibit 136, #34 Exhibit 137, #35 Exhibit 138, #36 Exhibit 139, #37 Exhibit 140, #38 Exhibit 141, #39 Exhibit 142, #40 Exhibit 143, #41 Exhibit 144, #42 Exhibit 145, #43 Exhibit 146, #44 Exhibit 147, #45 Exhibit 148, #46 Exhibit 149, #47 Exhibit 150, #48 Exhibit 151, #49 Exhibit 152, #50 Exhibit 153, #51 Exhibit 154, #52 Exhibit 155, #53 Exhibit 156, #54 Exhibit 157, #55 Exhibit 158, #56 Exhibit 159, #57 Exhibit 160, #58 Exhibit 161, #59 Exhibit 162, #60 Exhibit 163, #61 Exhibit 164, #62 Exhibit 165, #63 Exhibit 166, #64 Exhibit 167, #65 Exhibit 168, #66 Exhibit 169, #67 Exhibit 170, #68 Exhibit 171, #69 Exhibit 172, #70 Exhibit 173, #71 Exhibit 174, #72 Exhibit 175, #73 Exhibit 176, #74 Exhibit 177, #75 Exhibit 178, #76 Exhibit 179, #77 Exhibit 180, #78 Exhibit 181, #79 Exhibit 182, #80 Exhibit 183, #81 Exhibit 184, #82 Exhibit 185, #83 Exhibit 186, #84 Exhibit 187, #85 Exhibit 188, #86 Exhibit 189, #87 Exhibit 190, #88 Exhibit 191, #89 Exhibit 192, #90 Exhibit 193, #91 Exhibit 194, #92 Exhibit 195, #93 Exhibit 196, #94 Exhibit 197, #95 Exhibit 198, #96 Exhibit 199, #97 Exhibit 200)(AEJ) Modified on 6/20/2019 unsealed pursuant to Order doc #976(TSW).
October 24, 2018 Sealed Document, S-919. (AEJ)
October 24, 2018 Filing 919 Plaintiffs' OPPOSITION to Defendants' Motions for Summary Judgment (PART 1) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43, #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48, #48 Exhibit 49, #49 Exhibit 50, #50 Exhibit 51, #51 Exhibit 52, #52 Exhibit 53, #53 Exhibit 54, #54 Exhibit 55, #55 Exhibit 56, #56 Exhibit 57, #57 Exhibit 58, #58 Exhibit 59, #59 Exhibit 60, #60 Exhibit 61, #61 Exhibit 62, #62 Exhibit 63, #63 Exhibit 64, #64 Exhibit 65, #65 Exhibit 66, #66 Exhibit 67, #67 Exhibit 68, #68 Exhibit 69, #69 Exhibit 70, #70 Exhibit 71, #71 Exhibit 72, #72 Exhibit 73, #73 Exhibit 74, #74 Exhibit 75, #75 Exhibit 76, #76 Exhibit 77, #77 Exhibit 78, #78 Exhibit 79, #79 Exhibit 80, #80 Exhibit 81, #81 Exhibit 82, #82 Exhibit 83, #83 Exhibit 84, #84 Exhibit 85, #85 Exhibit 86, #86 Exhibit 87, #87 Exhibit 88, #88 Exhibit 89, #89 Exhibit 90, #90 Exhibit 91, #91 Exhibit 92, #92 Exhibit 93, #93 Exhibit 94, #94 Exhibit 95, #95 Exhibit 96, #96 Exhibit 97, #97 Exhibit 98, #98 Exhibit 99, #99 Exhibit 100)(AEJ) Modified on 6/20/2019 unsealed pursuant to Order doc #976(TSW).
October 22, 2018 Filing 918 DECLARATION of Benjamin D. Steinberg re #917 Memorandum in opposition by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit 9, #2 Exhibit 106, #3 Exhibit 109, #4 Exhibit 253, #5 Exhibit 427, #6 Exhibit 428, #7 Exhibit 429, #8 To Be Filed Under Seal (Exhibits 1-8, 10-105, 107-108, 110-252, 254-426))(Lockamy, Michael)
October 22, 2018 Filing 917 MEMORANDUM in opposition re #874 Motion for summary judgment, #873 Motion for summary judgment, #877 Motion for summary judgment, #872 Motion for summary judgment filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
October 22, 2018 Opinion or Order Filing 916 ORDER granting #915 Defendants' Unopposed Motion Under Local Rule 1.09 to Allow Plaintiffs to Temporarily File Under Seal Exhibits to Plaintiffs' Response in Opposition to Defendants' Motions for Summary Judgment; Plaintiffs shall provide the appropriate documents to the Clerk of Court, who shall then temporarily file the documents under seal; Defendants have until November 5, 2018 to move the Court to permanently seal any of the documents at issue; Failing receipt of any motions to seal by that date, the Court will automatically direct the Clerk to unseal the documents. Signed by Magistrate Judge James R. Klindt on 10/22/2018. (KAW)
October 20, 2018 Filing 915 Unopposed MOTION for leave to file under seal by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Inc., Johnson & Johnson Vision Care, Inc.. (Horovitz, Samuel)
October 19, 2018 Filing 914 REPLY to Response to Motion re #854 MOTION for sanctions for Spoliation against Defendants Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc. filed by Alcon Laboratories, Inc., Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Declaration of Benjamin F. Jackson, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Declaration of Jason Klomp)(Smith, Robert)
October 19, 2018 Filing 913 REPLY to Response to Motion re #854 MOTION for sanctions for Spoliation against Defendants Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc. filed by ABB Optical Group, Bausch & Lomb, Incorporated. (Turner, Eliot)
October 19, 2018 Filing 912 MOTION for summary judgment on Plaintiffs' Vertical Resale Price Maintenance Claims by ABB Optical Group, Bausch & Lomb, Incorporated. (Attachments: #1 Affidavit of Eliot Turner in Support of Motion for Summary Judgment, #2 Exhibit 1 (Part 1/2), #3 Exhibit 1 (Part 2/2), #4 Exhibit 2 (Part 1/4), #5 Exhibit 2 (Part 2/4), #6 Exhibit 2 (Part 3/4), #7 Exhibit 2 (Part 4/4), #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17 (Part 1/6), #23 Exhibit 17 (Part 2/6), #24 Exhibit 17 (Part 3/6), #25 Exhibit 17 (Part 4/6), #26 Exhibit 17 (Part 5/6), #27 Exhibit 17 (Part 6/6), #28 Exhibit 18, #29 Exhibit 19, #30 Exhibit 20, #31 Exhibit 21, #32 Exhibit 22, #33 Exhibit 23 (Part 1/2), #34 Exhibit 23 (Part 2/2), #35 Exhibit 24, #36 Exhibit 25, #37 Exhibit 26, #38 Exhibit 27, #39 Exhibit 28, #40 Exhibit 29, #41 Exhibit 30, #42 Exhibit 31, #43 Exhibit 32, #44 Exhibit 33, #45 Exhibit 34, #46 Exhibit 35, #47 Exhibit 36, #48 Exhibit 37 (Part 1/2) (Redacted), #49 Exhibit 37 (Part 2/2) (Redacted), #50 Exhibit 38 (Redacted), #51 Exhibit 39 (Redacted), #52 Exhibit 40, #53 Exhibit 41, #54 Exhibit 42, #55 Exhibit 43 (Part 1/2), #56 Exhibit 43 (Part 2/2), #57 Exhibit 44, #58 Exhibit 45, #59 Exhibit 46 (Part 1/2), #60 Exhibit 46 (Part 2/2), #61 Exhibit 47, #62 Exhibit 48, #63 Exhibit 49, #64 Exhibit 50, #65 Exhibit 51, #66 Exhibit 52, #67 Exhibit 53, #68 Exhibit 54, #69 Exhibit 55, #70 Exhibit 56, #71 Exhibit 57, #72 Exhibit 58, #73 Exhibit 59, #74 Exhibit 60, #75 Exhibit 61, #76 Exhibit 62, #77 Exhibit 63, #78 Exhibit 64, #79 Exhibit 65, #80 Exhibit 66, #81 Exhibit 67 (Part 1/2), #82 Exhibit 67 (Part 2/2), #83 Exhibit 68, #84 Exhibit 69, #85 Exhibit 70, #86 Exhibit 71, #87 Exhibit 72, #88 Text of Proposed Order Granting Summary Judgment)(Turner, Eliot)
October 18, 2018 Filing 911 SUMMARY Judgment Notice; re #907 MOTION for summary judgment filed by ABB Optical Group, Alcon Laboratories, Inc., #906 MOTION for summary judgment filed by ABB Optical Group, Johnson & Johnson Vision Care, Inc., #908 MOTION for summary judgment on Plaintiffs' Horizontal Antitrust Conspiracy Claims and Memorandum of Law in Support filed by ABB Optical Group, Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care, Inc., Alcon Laboratories, Inc. Signed by Deputy Clerk on 10/18/2018. (TSW)
October 16, 2018 Filing 910 DECLARATION of by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Horovitz, Samuel)
October 16, 2018 Filing 909 DECLARATION of by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Horovitz, Samuel)
October 16, 2018 Filing 908 MOTION for summary judgment on Plaintiffs' Horizontal Antitrust Conspiracy Claims and Memorandum of Law in Support by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Declaration of William H. Cavanaugh, Jr. in Support of Defendants' Motion for Summary Judgment on Plaintiffs' Alleged Horizontal Conspiracy, #2 Appendix A, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Exhibit Exhibit 11, #14 Exhibit Exhibit 12, #15 Exhibit Exhibit 13, #16 Exhibit Exhibit 14, #17 Exhibit Exhibit 15, #18 Exhibit Exhibit 16, #19 Exhibit Exhibit 17, #20 Exhibit Exhibit 18, #21 Exhibit Exhibit 19, #22 Exhibit Exhibit 20, #23 Exhibit Exhibit 21, #24 Exhibit Exhibit 22, #25 Exhibit Exhibit 23, #26 Exhibit Exhibit 24, #27 Exhibit Exhibit 25, #28 Exhibit Exhibit 26, #29 Exhibit Exhibit 27, #30 Exhibit Exhibit 28, #31 Exhibit Exhibit 29, #32 Exhibit Exhibit 30, #33 Exhibit Exhibit 31, #34 Exhibit Exhibit 32, #35 Exhibit Exhibit 33, #36 Exhibit Exhibit 34, #37 Exhibit Exhibit 35, #38 Exhibit Exhibit 36, #39 Exhibit Exhibit 37, #40 Exhibit Exhibit 38, #41 Exhibit Exhibit 39 Volume 1, #42 Exhibit Exhibit 39 Volume 2, #43 Exhibit Exhibit 40, #44 Exhibit Exhibit 41, #45 Exhibit Exhibit 42, #46 Exhibit Exhibit 43, #47 Exhibit Exhibit 44, #48 Exhibit Exhibit 45, #49 Exhibit Exhibit 46, #50 Exhibit Exhibit 47, #51 Exhibit Exhibit 48, #52 Exhibit Exhibit 49, #53 Exhibit Exhibit 50, #54 Exhibit Exhibit 51, #55 Exhibit Exhibit 52, #56 Exhibit Exhibit 53, #57 Exhibit Exhibit 54, #58 Exhibit Exhibit 55, #59 Exhibit Exhibit 56, #60 Exhibit Exhibit 57, #61 Exhibit Exhibit 58, #62 Exhibit Exhibit 59, #63 Exhibit Exhibit 60, #64 Exhibit Exhibit 61, #65 Exhibit Exhibit 62, #66 Exhibit Exhibit 63, #67 Exhibit Exhibit 64, #68 Exhibit Exhibit 65, #69 Exhibit Exhibit 66, #70 Exhibit Exhibit 67, #71 Exhibit Exhibit 68, #72 Exhibit Exhibit 69, #73 Exhibit Exhibit 70, #74 Exhibit Exhibit 71, #75 Exhibit Exhibit 72, #76 Exhibit Exhibit 73, #77 Exhibit Exhibit 74, #78 Exhibit Exhibit 75, #79 Exhibit Exhibit 76, #80 Exhibit Exhibit 77, #81 Exhibit Exhibit 78, #82 Exhibit Exhibit 79, #83 Exhibit Exhibit 80, #84 Exhibit Exhibit 81, #85 Exhibit Exhibit 82, #86 Exhibit Exhibit 83, #87 Exhibit Exhibit 84, #88 Exhibit Exhibit 85, #89 Exhibit Exhibit 86, #90 Exhibit Exhibit 87, #91 Exhibit Exhibit 88, #92 Exhibit Exhibit 89, #93 Exhibit Exhibit 90, #94 Exhibit Exhibit 91, #95 Exhibit Exhibit 92, #96 Exhibit Exhibit 93, #97 Exhibit Exhibit 94, #98 Exhibit Exhibit 95, #99 Exhibit Exhibit 96, #100 Exhibit Exhibit 97, #101 Exhibit Exhibit 98, #102 Exhibit Exhibit 99, #103 Exhibit Exhibit 100, #104 Exhibit Exhibit 101, #105 Exhibit Exhibit 102, #106 Exhibit Exhibit 103, #107 Exhibit Exhibit 104, #108 Exhibit Exhibit 105, #109 Exhibit Exhibit 106, #110 Exhibit Exhibit 107, #111 Exhibit Exhibit 108, #112 Exhibit Exhibit 109, #113 Exhibit Exhibit 110, #114 Exhibit Exhibit 111, #115 Exhibit Exhibit 112, #116 Exhibit Exhibit 113, #117 Exhibit Exhibit 114, #118 Exhibit Exhibit 115, #119 Exhibit Exhibit 116, #120 Exhibit Exhibit 117, #121 Exhibit Exhibit 118, #122 Exhibit Exhibit 119)(Smith, Robert)
October 16, 2018 Filing 907 MOTION for summary judgment by ABB Optical Group, Alcon Laboratories, Inc.. (Horovitz, Samuel)
October 16, 2018 Filing 906 MOTION for summary judgment by ABB Optical Group, Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Declaration of Jonathan H. Hatch in Support of Defendants Johnson & Johnson Vision Care, Inc. and ABB Optical Group's Motion for Summary Judgment on Plaintiffs' Alleged Vertical Conspiracy, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21, #23 Exhibit Exhibit 22, #24 Exhibit Exhibit 23, #25 Exhibit Exhibit 24, #26 Exhibit Exhibit 25, #27 Exhibit Exhibit 26, #28 Exhibit Exhibit 27, #29 Exhibit Exhibit 28, #30 Exhibit Exhibit 29, #31 Exhibit Exhibit 30, #32 Exhibit Exhibit 31, #33 Exhibit Exhibit 32, #34 Exhibit Exhibit 33, #35 Exhibit Exhibit 34, #36 Exhibit Exhibit 35, #37 Exhibit Exhibit 36, #38 Exhibit Exhibit 37, #39 Exhibit Exhibit 38, #40 Exhibit Exhibit 39, #41 Exhibit Exhibit 40, #42 Exhibit Exhibit 41, #43 Exhibit Exhibit 42, #44 Exhibit Exhibit 43)(Smith, Robert)
October 15, 2018 Opinion or Order Filing 905 ORDER granting #896 Plaintiffs' Consent Motion for Leave to Exceed Page Limit; Plaintiffs may file a single, consolidated response to motions for summary judgment that does not exceed 150 pages; directing Defendants to file unredacted versions of their motions for summary judgment and corresponding exhibits (pursuant to #894 Order) no later than 10/19/2018. Signed by Magistrate Judge James R. Klindt on 10/15/2018. (KAW)
October 12, 2018 Filing 904 NOTICE of change of address by Kimberly Ann Kralowec (Kralowec, Kimberly)
October 5, 2018 Sealed Document S-903. (TSW)
October 5, 2018 Filing 903 REPLY in support of motion for spoliation sanctions against Defendants Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc. by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson (Attachments: #1 Exhibit Declaration of Benjamin D. Steinberg, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, # 52 Exhibit 51, # 53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67)(TSW) Modified on 6/17/2019 unsealed pursuant to Order doc #976 with the exception of exhibit 51 and exhibit 52(TSW).
October 5, 2018 Filing 902 NOTICE by Johnson & Johnson Vision Care Inc. Joint Notice Regarding Plaintiff's Motion for Spoliation Sanctions (Smith, Robert)
October 3, 2018 Filing 901 REPLY to Response to Motion re #854 MOTION for sanctions for Spoliation against Defendants Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc. filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Declaration of Benjamin D. Steinberg, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67)(Steinberg, Benjamin)
October 1, 2018 Sealed Document S-897, S-898, S-899, S-900. (TSW)
October 1, 2018 Filing 899 DECLARATION of Caitlin N. Fitzpatrick in support of Defendant Alcon Laboratories, Inc.'s memorandum of law in opposition to Plaintiffs' motion for spoliation sanctions filed by Alcon Laboratories, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(TSW) Modified on 6/20/2019 unsealed pursuant to Order doc #976(TSW).
October 1, 2018 Filing 898 RESPONSE in Opposition to Plaintiffs' motion for spoliation sanctions by Alcon Laboratories, Inc.; re #854 MOTION for sanctions for Spoliation against Defendants Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc.. (TSW) Modified on 6/20/2019 unsealed pursuant to Order doc #976(TSW).
September 28, 2018 Filing 896 Consent MOTION for Leave to File Excess Pages by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
September 27, 2018 Sealed Document. S-895 (KKH) (Modified on 10/8/2018 to edit text) (SJW).
September 27, 2018 Filing 895 RESPONSE Memorandum of Law in Opposition re #854 MOTION for sanctions for Spoliation by Johnson & Johnson Vision Care, Inc. (Attachments: # 1 Exhibit Declaration of Benjamin F. Jackson in Support of JJVCI's Opposition to Plaintiffs' Motion for Spoliation Sanctions, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29, #30 Exhibit Exhibit 30, #31 Exhibit Exhibit 31, #32 Exhibit Exhibit 32, #33 Exhibit Exhibit 33, #34 Exhibit Exhibit 34, #35 Exhibit Exhibit 35, #36 Exhibit Exhibit 36, #37 Exhibit Exhibit 37, #38 Exhibit Exhibit 38, #39 Exhibit Exhibit 39, #40 Exhibit Exhibit 40, #41 Exhibit Exhibit 41, #42 Exhibit Exhibit 42, #43 Exhibit Exhibit 43, #44 Exhibit Exhibit 44, #45 Exhibit Exhibit 45, #46 Exhibit Exhibit 46, #47 Exhibit Exhibit 47, #48 Exhibit Exhibit 48, #49 Exhibit Exhibit 49, #50 Exhibit Exhibit 50, #51 Exhibit Exhibit 51, #52 Exhibit Exhibit 52, #53 Exhibit Exhibit 53, #54 Exhibit Exhibit 54, #55 Exhibit Exhibit 55, #56 Exhibit Exhibit 56, #57 Exhibit Exhibit 57, #58 Exhibit Declaration of Dr. Carol Alexander, #59 Exhibit Declaration of Dr. W. Lee Ball, Jr., #60 Exhibit Declaration of Dr. Charissa Lee, #61 Exhibit Declaration of Taketo Miura, #62 Exhibit Declaration of Dr. Weslie Hamada)(KKH) Modified on 6/17/2019 to edit text, items unsealed pursuant to Order doc #976 with the exception of exhibit 22, exhibit 23, exhibit 24, exhibit 25, exhibit 1(TSW).
September 26, 2018 Opinion or Order Filing 894 ORDER denying #871 Defendants' Omnibus Motion for Leave to File Summary Judgment Motions and Exhibits Under Seal Under Local Rule 1.09; granting #880 Defendant Johnson & Johnson Vision Care, Inc.'s Motion to Seal Opposition to Plaintiffs' Motion for Spoliation Sanctions, Declarations, and Exhibits Under Local Rule 1.09; granting #889 Alcon Laboratories, Inc.'s Motion Under Local Rule 1.09 for Leave to File Memorandum of Law In Opposition to Plaintiffs' Motion for Spoliation Sanctions and Exhibit Under Seal; denying #888 Defendants' Motion to Maintain Portions of Exhibits from Class-Certification Hearing Under Seal Under Local Rule 1.09; granting #890 Defendants' Motion Under Local Rule 1.09 for Leave to File Defendants' Opposition to Plaintiffs' Motion to Amend the Case Management and Scheduling Order and Accompanying Exhibits Under Seal; granting #891 Plaintiffs' Motion for Leave to File an Omnibus Reply to Defendants' Respective Responses in Opposition to Plaintiffs' Motion for Spoliation Sanctions; Plaintiffs have up to and including 10/3/2018 to file a reply (no more than twenty pages); Defendants are permitted to file sur-replies (not to exceed twenty pages) no later than 10/19/2018; the parties must file by 10/5/2018 a joint notice indicating each interested party's position on whether the Court may consider the spoliation papers and factual allegations as part of the Court's determination of the class certification issues; SEE ORDER FOR DETAILS. Signed by Magistrate Judge James R. Klindt on 9/26/2018. (KAW)
September 13, 2018 Filing 893 RESPONSE in Opposition re #888 MOTION for leave to file under seal portions of exhibits from class-certification hearing filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A)(Lockamy, Michael)
September 10, 2018 Filing 892 RESPONSE to Motion re #891 MOTION for leave to file an Omnibus Reply to Defendants' Respective Responses in Opposition to Plaintiffs' Motion for Spoliation Sanctions filed by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
September 5, 2018 Filing 891 MOTION for leave to file an Omnibus Reply to Defendants' Respective Responses in Opposition to Plaintiffs' Motion for Spoliation Sanctions by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Steinberg, Benjamin)
August 31, 2018 Filing 890 MOTION for leave to file under seal Opposition to Plaintiffs' Motion to Amend Case Management and Scheduling Order and Accompanying Exhibits by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care, Inc.. (Riley, James)
August 31, 2018 Filing 889 MOTION for leave to file under seal Memorandum of Law in Opposition to Plaintiffs' Motion for Spoliation Sanctions and Exhibit by Alcon Laboratories, Inc.. (Riley, James)
August 31, 2018 Filing 888 MOTION for leave to file under seal portions of exhibits from class-certification hearing by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care, Inc.. (Riley, James)
August 31, 2018 Filing 887 DECLARATION of Caitlin N. Fitzpatrick re #886 Response in Opposition to Motion by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Riley, James)
August 31, 2018 Filing 886 RESPONSE in Opposition re #854 MOTION for sanctions for Spoliation against Defendants Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc. AMENDED filed by Alcon Laboratories, Inc.. (Attachments: #1 Declaration of David Marriott, #2 Declaration of Jason Klomp, #3 Declaration of Richard Weisbarth)(Riley, James)
August 31, 2018 Filing 885 MEMORANDUM in opposition re #854 Motion for Sanctions filed by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Declaration of David Marriott, #2 Declaration of Jason Klomp, #3 Declaration of Richard Weisbarth)(Riley, James)
August 31, 2018 Filing 884 DECLARATION of Justine V. Beyda re #883 Response in Opposition to Motion by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Riley, James)
August 31, 2018 Filing 883 RESPONSE in Opposition re #852 MOTION to Amend/Correct #204 Case management and scheduling order to Permit the Taking of One Additional Deposition filed by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care, Inc.. (Riley, James)
August 31, 2018 Filing 882 RESPONSE in Opposition re #854 MOTION for sanctions for Spoliation against Defendants Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc. filed by ABB Optical Group. (Attachments: #1 Exhibit A)(Waggoner, Dennis)
August 31, 2018 Filing 881 RESPONSE in Opposition re #854 MOTION for sanctions for Spoliation against Defendants Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc. filed by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Declaration of Benjamin F. Jackson in Support of JJVCI's Opposition to Plaintiffs' Motion for Spoliation Sanctions, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Declaration of Dr. Carol Alexander, #60 Declaration of Dr. W. Lee Ball, Jr., #61 Declaration of Dr. Charissa Lee, #62 Declaration of Taketo Miura, #63 Declaration of Dr. Weslie Hamada)(Smith, Robert)
August 31, 2018 Filing 880 MOTION for leave to file under seal Opposition to Plaintiffs' Motion for Spoliation Sanctions, Declarations, and Exhibits Under Local Rule 1.09 by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
August 31, 2018 Filing 879 RESPONSE in Opposition re #854 MOTION for sanctions for Spoliation against Defendants Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc. filed by Bausch & Lomb, Incorporated. (Attachments: #1 Affidavit of Eliot Turner in support of response, #2 Exhibit 1: Excerpts of A. Glazier Dep., #3 Exhibit 2: Letter to B. Steinberg, #4 Text of Proposed Order Denying Motion)(Turner, Eliot)
August 30, 2018 Filing 878 RESPONSE in Opposition re #871 MOTION for leave to file under seal summary judgment motions and exhibits filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A)(Lockamy, Michael)
August 20, 2018 Filing 877 MOTION for summary judgment on Plaintiffs' Horizontal Antitrust Conspiracy Claims and Memorandum of Law in Support by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care Inc.. (Attachments: #1 Declaration of William H. Cavanaugh, Jr. in Support of Defendants' Motion for Summary Judgment on Plaintiffs' Alleged Horizontal Conspiracy, #2 Appendix A, #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 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47, #50 Exhibit 48, #51 Exhibit 49, #52 Exhibit 50, #53 Exhibit 51, #54 Exhibit 52, #55 Exhibit 53, #56 Exhibit 54, #57 Exhibit 55, #58 Exhibit 56, #59 Exhibit 57, #60 Exhibit 58, #61 Exhibit 59, #62 Exhibit 60, #63 Exhibit 61, #64 Exhibit 62, #65 Exhibit 63, #66 Exhibit 64, #67 Exhibit 65, #68 Exhibit 66, #69 Exhibit 67, #70 Exhibit 68, #71 Exhibit 69, #72 Exhibit 70, #73 Exhibit 71, #74 Exhibit 72, #75 Exhibit 73, #76 Exhibit 74, #77 Exhibit 75, #78 Exhibit 76, #79 Exhibit 77, #80 Exhibit 78, #81 Exhibit 79, #82 Exhibit 80, #83 Exhibit 81, #84 Exhibit 82, #85 Exhibit 83, #86 Exhibit 84, #87 Exhibit 85, #88 Exhibit 86, #89 Exhibit 87, #90 Exhibit 88, #91 Exhibit 89, #92 Exhibit 90, #93 Exhibit 91, #94 Exhibit 92, #95 Exhibit 93, #96 Exhibit 94, #97 Exhibit 95, #98 Exhibit 96, #99 Exhibit 97, #100 Exhibit 98, #101 Exhibit 99, #102 Exhibit 100, #103 Exhibit 101, #104 Exhibit 102, #105 Exhibit 103, #106 Exhibit 104, #107 Exhibit 105, #108 Exhibit 106, #109 Exhibit 107, #110 Exhibit 108, #111 Exhibit 109, #112 Exhibit 110, #113 Exhibit 111, #114 Exhibit 112, #115 Exhibit 113, #116 Exhibit 114, #117 Exhibit 115, #118 Exhibit 116, #119 Exhibit 117, #120 Exhibit 118, #121 Exhibit 119)(Smith, Robert)
August 20, 2018 Filing 876 DECLARATION of Jason Klomp re #874 MOTION for summary judgment Defendants Alcon Laboratories, Inc., and ABB Optical Group's Motion for Summary Judgment and Memorandum of Law in Support by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Horovitz, Samuel)
August 20, 2018 Filing 875 DECLARATION of Caitlin N. Fitzpatrick re #874 MOTION for summary judgment Defendants Alcon Laboratories, Inc., and ABB Optical Group's Motion for Summary Judgment and Memorandum of Law in Support by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Horovitz, Samuel)
August 20, 2018 Filing 874 MOTION for summary judgment Defendants Alcon Laboratories, Inc., and ABB Optical Group's Motion for Summary Judgment and Memorandum of Law in Support by ABB Optical Group, Alcon Laboratories, Inc.. (Horovitz, Samuel)
August 20, 2018 Filing 873 MOTION for summary judgment on Plaintiffs' Alleged Vertical Conspiracy and Memorandum of Law in Suport by ABB Optical Group, Johnson & Johnson Vision Care Inc. (Attachments: #1 Declaration of Jonathan H. Hatch in Support of Defendants Johnson & Johnson Vision Care, Inc. and ABB Optical Group's Motion for Summary Judgment on Plaintiffs' Alleged Vertical Conspiracy, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21, #23 Exhibit Exhibit 22, #24 Exhibit Exhibit 23, #25 Exhibit Exhibit 24, #26 Exhibit Exhibit 25, #27 Exhibit Exhibit 26, #28 Exhibit Exhibit 27, #29 Exhibit Exhibit 28, #30 Exhibit Exhibit 29, #31 Exhibit Exhibit 30, #32 Exhibit Exhibit 31, #33 Exhibit Exhibit 32, #34 Exhibit Exhibit 33, #35 Exhibit Exhibit 34, #36 Exhibit Exhibit 35, #37 Exhibit Exhibit 36, #38 Exhibit Exhibit 37, #39 Exhibit Exhibit 38, #40 Exhibit Exhibit 39, #41 Exhibit Exhibit 40, #42 Exhibit Exhibit 41, #43 Exhibit Exhibit 42, #44 Exhibit Exhibit 43)(Smith, Robert) (Modified on 8/21/2018 to edit parties) (SJW).
August 20, 2018 Filing 872 MOTION for summary judgment on Plaintiffs' Vertical Resale Price Maintenance Claims by ABB Optical Group, Bausch & Lomb, Incorporated. (Attachments: #1 Affidavit of Eliot Turner in Support of Motion for Summary Judgment, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Text of Proposed Order Granting Summary Judgment)(Turner, Eliot)
August 20, 2018 Filing 871 MOTION for leave to file under seal summary judgment motions and exhibits by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Inc., Johnson & Johnson Vision Care, Inc.. (Horovitz, Samuel)
August 16, 2018 Filing 870 NOTICE of Caitlin Fitzpatrick of the Law Firm Cravath, Swaine & Moore, LLP's Appearance by Samuel Joseph Horovitz on behalf of Alcon Laboratories, Inc. (Horovitz, Samuel)
August 8, 2018 Opinion or Order Filing 869 ORDER granting #863 Unopposed Motion for Withdrawal of Joseph C. Bourne as Counsel. Joseph C. Bourne is permitted to withdraw as counsel of record forPlaintiffs. Plaintiffs will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 8/8/2018. (MDC)
August 7, 2018 Filing 868 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT of Motion Hearing, August 1, 2018 and August 2, 2018. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. cindyrprfcrr@gmail.com (CLP)
August 7, 2018 Filing 867 TRANSCRIPT of Motion Hearing held on August 2, 2018 before Judge Harvey E. Schlesinger. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 904-301-6843; cindyrprfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 8/28/2018, Redacted Transcript Deadline set for 9/7/2018, Release of Transcript Restriction set for 11/5/2018. (CLP)
August 7, 2018 Filing 866 TRANSCRIPT of Motion Hearing held on August 1, 2018 before Judge Harvey E. Schlesinger. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 904-301-6843; cindyrprfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 8/28/2018, Redacted Transcript Deadline set for 9/7/2018, Release of Transcript Restriction set for 11/5/2018. (CLP)
August 7, 2018 Filing 863 Unopposed MOTION for Joseph C. Bourne to withdraw as attorney by Rachel Berg, Jacqueline Gaston, Matt Gustafson, Marlene Jacobus. (Hedlund, Daniel) Motions referred to Magistrate Judge James R. Klindt.
August 3, 2018 Opinion or Order Filing 862 ORDER granting #858 Defendants' Motion and Memorandum of Law to Extend the Time to Respond to Plaintiffs' Motion to Permit the Taking of One Additional Deposition and Motion for Spoliation; responses due 8/31/2018 to #852 Plaintiffs' Motion to Amend the Case Management and Scheduling Order to Permit the Taking of One Additional Deposition and #854, S-861 Plaintiffs' Motion and Memorandum of Law for Spoliation Sanctions Against Defendants Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc. Signed by Magistrate Judge James R. Klindt on 8/3/2018. (KAW)
August 3, 2018 Opinion or Order Filing 860 ORDER: Defendants shall have until 8/20/2018 to file a response to Plaintiffs' pending motion for spoliation and sanctions. Signed by Senior Judge Harvey E. Schlesinger on 8/2/2018. (MGG)
August 2, 2018 Filing 865 Minute Entry. Proceedings held before Senior Judge Harvey E. Schlesinger: CLASS CERTIFICATION HEARING held on 8/2/2018. Court Reporter: Cindy Packevicz Jarriel (Attachments: #1 Plaintiffs' Exhibit List, #2 Defendants' Exhibit List) (MGG)
August 2, 2018 Sealed Document S-861. (TSW)
August 2, 2018 Filing 861 MOTION for sanctions for Spoliation against Defendants Johnson & Johonson Vision Care, Inc. and Alcon Laboratories, Inc. by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit Declaration of Benjamin D. Steinberg, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, # 39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Exhibit 73, #75 Exhibit 74, #76 Exhibit 75, #77 Exhibit 76, #78 Exhibit 77, #79 Exhibit 78, #80 Exhibit 79, #81 Exhibit 80, #82 Exhibit 81, #83 Exhibit 82, #84 Exhibit 83, #85 Exhibit 84, #86 Exhibit 85, #87 Exhibit 86, #88 Exhibit 87-94, #89 Exhibit 95, #90 Exhibit 96, #91 Exhibit 97, # 92 Exhibit 98, # 93 Exhibit 99, #94 Exhibit 100, #95 Exhibit 101, #96 Exhibit 102, #97 Exhibit 103, #98 Exhibit 104, #99 Exhibit 105, #100 Exhibit 106, #101 Exhibit 107, #102 Exhibit 108, #103 Exhibit 109, #104 Exhibit 110, #105 Exhibit 111, #106 Exhibit 112, #107 Exhibit 113, #108 Exhibit 114, #109 Exhibit 115, #110 Exhibit 116, #111 Exhibit 117, #112 Exhibit 118, #113 Exhibit 119, #114 Exhibit 120, #115 Exhibit 121, # 116 Exhibit 122, #117 Exhibit 123, #118 Exhibit 124, #119 Exhibit 125, #120 Exhibit 126, #121 Exhibit 127, #122 Exhibit 128, #123 Exhibit 129, #124 Exhibit 130, #125 Exhibit 131, #126 Exhibit 132, #127 Exhibit 133, #128 Exhibit 134, #129 Exhibit 135, #130 Exhibit 136, #131 Exhibit 137, #132 Exhibit 138, #133 Exhibit 139, #134 Exhibit 140, #135 Exhibit 141-149, #136 Exhibit 150, #137 Exhibit 151, #138 Exhibit 152, #139 Exhibit 153, #140 Exhibit 154, #141 Exhibit 155, #142 Exhibit 156, #143 Exhibit 157, #144 Exhibit 158, #145 Exhibit 159, #146 Exhibit 160, #147 Exhibit 161, #148 Exhibit 162, #149 Exhibit 163, #150 Exhibit 164, #151 Exhibit 165, #152 Exhibit 166, #153 Exhibit 167, #154 Exhibit 168, #155 Exhibit 169, #156 Exhibit 170, #157 Exhibit 171, #158 Exhibit 172, #159 Exhibit 173, #160 Exhibit 174, #161 Exhibit 175, #162 Exhibit 176, #163 Exhibit Declaration of Nathaniel C. Giddings, #164 Exhibit Declaration of Vivian M. Enck, #165 Exhibit Declaration of Aaron Patton)(TSW) Modified on 6/17/2019 unsealed pursuant to Order doc #976 with the exception of exhibit 38, 98, 99 and 122 which will remain under seal(TSW).
August 2, 2018 Filing 859 NOTICE of change of address by Dennis Stewart (Stewart, Dennis)
August 2, 2018 Filing 858 Unopposed MOTION to extend time to Respond to Plaintiffs' Motion to Permit the Taking of One Additional Deposition and Motion for Spoiliation by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
August 1, 2018 Filing 864 Minute Entry. Proceedings held before Senior Judge Harvey E. Schlesinger: CLASS CERTIFICATION HEARING held on 8/1/2018. Court Reporter: Cindy Packevicz Jarriel (MGG) Modified on 8/7/2018 (MGG).
August 1, 2018 Opinion or Order Filing 857 ORDER granting the Plaintiffs' "Agreed Motion for Leave to Seal and File in Paper Format" #855 Motion to Seal. Signed by Senior Judge Harvey E. Schlesinger on 8/1/2018. (TSW)
July 31, 2018 Opinion or Order Filing 856 ORDER granting #853 Joint Motion for Permission to Use Electronic Equipment During Class Certification Hearing; see Order for instructions. Signed by Magistrate Judge James R. Klindt on 7/31/2018. (KAW)
July 30, 2018 Filing 855 MOTION for leave to file under seal Doc. 854 Plaintiffs' Motion for Sanctions by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
July 30, 2018 Filing 854 MOTION for sanctions for Spoliation against Defendants Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc. by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit Declaration of Benjamin Steinberg, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Exhibit 73, #75 Exhibit 74, #76 Exhibit 75, #77 Exhibit 76, #78 Exhibit 77, #79 Exhibit 78, #80 Exhibit 79, #81 Exhibit 80, #82 Exhibit 81, #83 Exhibit 82, #84 Exhibit 83, #85 Exhibit 84, #86 Exhibit 85, #87 Exhibit 86, #88 Exhibit 87-94, #89 Exhibit 95, #90 Exhibit 96, #91 Exhibit 97, #92 Exhibit 98, #93 Exhibit 99, #94 Exhibit 100, #95 Exhibit 101, #96 Exhibit 102, #97 Exhibit 103, #98 Exhibit 104, #99 Exhibit 105, #100 Exhibit 106, #101 Exhibit 107, #102 Exhibit 108, #103 Exhibit 109, #104 Exhibit 110, #105 Exhibit 111, #106 Exhibit 112, #107 Exhibit 113, #108 Exhibit 114, #109 Exhibit 115, #110 Exhibit 116, #111 Exhibit 117, #112 Exhibit 118, #113 Exhibit 119, #114 Exhibit 120, #115 Exhibit 121, #116 Exhibit 122, #117 Exhibit 123, #118 Exhibit 124, #119 Exhibit 125, #120 Exhibit 126, #121 Exhibit 127, #122 Exhibit 128, #123 Exhibit 129, #124 Exhibit 130, #125 Exhibit 131, #126 Exhibit 132, #127 Exhibit 133, #128 Exhibit 134, #129 Exhibit 135, #130 Exhibit 136, #131 Exhibit 137, #132 Exhibit 138, #133 Exhibit 139, #134 Exhibit 140, #135 Exhibit 141-149, #136 Exhibit 150, #137 Exhibit 151, #138 Exhibit 152, #139 Exhibit 153, #140 Exhibit 154, #141 Exhibit 155, #142 Exhibit 156, #143 Exhibit 157, #144 Exhibit 158, #145 Exhibit 159, #146 Exhibit 160, #147 Exhibit 161, #148 Exhibit 162, #149 Exhibit 163, #150 Exhibit 164, #151 Exhibit 165, #152 Exhibit 166, #153 Exhibit 167, #154 Exhibit 168, #155 Exhibit 169, #156 Exhibit 170, #157 Exhibit 171, #158 Exhibit 172, #159 Exhibit 173, #160 Exhibit 174, #161 Exhibit 175, #162 Exhibit 176, #163 Exhibit Declaration of Nathaniel Giddings, #164 Exhibit Declaration of Vivian Enck, #165 Exhibit Declaration of Aaron Patton)(Lockamy, Michael)
July 27, 2018 Filing 853 Joint MOTION to allow electronic equipment, specifically laptop computers, cellular telephones and similar hand-held devices in the Courtroom during the Class Certification Hearing by Bausch & Lomb, Incorporated. (Kifer, Jennifer)
July 27, 2018 Filing 852 MOTION to Amend/Correct #204 Case management and scheduling order to Permit the Taking of One Additional Deposition by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit Declaration, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M)(Lockamy, Michael)
July 27, 2018 Opinion or Order Filing 851 ORDER REGARDING CONDUCT OF PROCEEDINGS AT CLASS CERTIFICATION HEARING Signed by Senior Judge Harvey E. Schlesinger on 7/26/2018. (MGG)
July 25, 2018 Filing 850 NOTICE of hearing (RESCHEDULING TIME ONLY): Class Certification Hearing set for 8/1/2018 and 8/2/2018 at 9:00 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. (MGG) Modified on 7/25/2018 (MGG).
July 25, 2018 Filing 849 Minute Entry. Proceedings held before Senior Judge Harvey E. Schlesinger: TELEPHONE CONFERENCE held on 7/25/2018; granting #847 Joint Motion Regarding Hearing on Class Certification and Request for Telephonic Conference. Court Reporter: Cindy Packevicz Jarriel (MGG)
July 20, 2018 Filing 848 NOTICE of hearing: Telephone Conference set for 7/25/2018 at 2:00 PM before Senior Judge Harvey E. Schlesinger. (MGG)
July 20, 2018 Filing 847 Joint MOTION for Hearing Regarding Class Certification Hearing by Johnson & Johnson Vision Care Inc.. (Smith, Robert)
July 17, 2018 Filing 846 NOTICE of Kathrina Szymborski Appearance by Robert Troy Smith on behalf of Johnson & Johnson Vision Care, Inc. (Smith, Robert)
July 13, 2018 Opinion or Order Filing 845 ORDER granting #838 Motion and Memorandum of Law to Extend the Deadline to File Summary Judgment Motions by 30 Days; Summary judgment schedule: Opening briefs due 8/20/18; Opposition briefs due 10/22/18; Reply briefs due 11/19/18; Sur-reply briefs due 12/17/18; granting #843 Motion to Enlarge Page Limitations for Motions for Summary Judgment and Request for Expedited Ruling. Signed by Senior Judge Harvey E. Schlesinger on 7/12/2018. (MGG)
July 11, 2018 Filing 844 RESPONSE to Motion re #838 MOTION to extend time to file Motions for Summary Judgment , #843 MOTION for Leave to File Excess Pages for Motions for Summary Judgment and Request for Expedited Ruling filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Guglielmo, Joseph)
July 11, 2018 Filing 843 MOTION for Leave to File Excess Pages for Motions for Summary Judgment and Request for Expedited Ruling by Johnson & Johnson Vision Care Inc.. (Smith, Robert)
July 10, 2018 Filing 842 NOTICE by Alcon Laboratories, Inc. re #826 Order on motion to compel, #829 Order on motion to extend time, #836 Notice (Other) Regarding Supplemental Documents Submitted for In Camera Review (Attachments: #1 Exhibit A)(Horovitz, Samuel)
July 10, 2018 Opinion or Order Filing 841 ORDER preliminarily approving settlement agreement with Coopervision, Inc. certifying the settlement class, and appointing class counsel and class representatives for the settlement class. Signed by Senior Judge Harvey E. Schlesinger on 7/9/2018. (MGG)
July 9, 2018 Filing 840 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. cindyrprfcrr@gmail.com (CLP)
July 9, 2018 Filing 839 TRANSCRIPT of Motion Hearing held on June 19, 2018 before Judge Harvey E. Schlesinger. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 904-301-6843; cindyrprfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 7/30/2018, Redacted Transcript Deadline set for 8/9/2018, Release of Transcript Restriction set for 10/9/2018. (CLP)
June 29, 2018 Filing 838 MOTION to extend time to file Motions for Summary Judgment by Johnson & Johnson Vision Care Inc.. (Smith, Robert)
June 28, 2018 Filing 837 NOTICE CANCELLING TODAY'S TELEPHONIC DISCOVERY STATUS HEARING. The Court has been advised that the parties do not have any items to discuss for the hearing; accordingly, the telephonic discovery status hearing previously scheduled for today (6/28/2018 at 2:00 PM) is CANCELLED. (KAW)
June 22, 2018 Filing 836 NOTICE by Alcon Laboratories, Inc. re #826 Order on motion to compel, #829 Order on motion to extend time Documents Submitted for In Camera Review (Horovitz, Samuel)
June 21, 2018 Opinion or Order Filing 835 ORDER granting #832 Unopposed Motion for Withdrawal of Rachel M. Fritzler as Counsel for Alcon; Rachel M. Fritzler is permitted to withdraw as counsel of record for Defendant Alcon Laboratories, Inc.; Defendant will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 6/21/2018. (BHC)
June 20, 2018 Filing 834 NOTICE of Sarah v. Warburg-Johnson Appearance by Samuel Joseph Horovitz on behalf of Alcon Laboratories, Inc. (Horovitz, Samuel)
June 20, 2018 Filing 833 NOTICE of Lauren A. Moskowitz Appearance by Samuel Joseph Horovitz on behalf of Alcon Laboratories, Inc. (Horovitz, Samuel)
June 20, 2018 Filing 832 Unopposed MOTION for Rachel M. Fritzler to withdraw as attorney by Alcon Laboratories, Inc.. (Marriott, David) Motions referred to Magistrate Judge James R. Klindt.
June 19, 2018 Filing 831 Minute Entry. Proceedings held before Senior Judge Harvey E. Schlesinger: MOTION HEARING held on 6/19/2018; taking under advisement #781 MOTION for Settlement Preliminary Approval with CooperVision, Inc.. Court Reporter: Cindy Packevicz Jarriel (Attachments: #1 Plaintiff's Exhibit 1) (MGG)
June 19, 2018 Filing 830 Amended MOTION for Settlement Proposed Order for Preliminary Approval by All Plaintiffs. (Guglielmo, Joseph)
June 12, 2018 Opinion or Order Filing 829 ORDER granting #828 Unopposed Motion to Extend the Deadline for Submission of In Camera Documents; Alcon shall comply with #826 Order by 6/22/2018, also by that date, a notice shall be filed (if applicable). Signed by Magistrate Judge James R. Klindt on 6/12/2018. (KAW)
June 11, 2018 Filing 828 Unopposed MOTION to extend time to comply with the Court's May 30, 2018 Order (Doc. No. 826) by Alcon Laboratories, Inc.. (Marriott, David)
May 31, 2018 Filing 827 NOTICE CANCELLING TODAY'S TELEPHONIC DISCOVERY STATUS HEARING. The Court has not received any agenda from the parties for today's hearing; accordingly, the telephonic discovery status hearing previously scheduled for today (5/31/2018 at 2:00 PM) is CANCELLED. (KAW)
May 30, 2018 Opinion or Order Filing 826 ORDER directing Alcon to submit documents to chambers for in camera review by 6/12/2018 regarding #759 Plaintiffs' Motion to Compel Defendant Alcon to Produce Privilege Logs that Comply With This Court's Orders and The Federal Rules of Civil Procedure. See Order for details/instructions regarding submission. Signed by Magistrate Judge James R. Klindt on 5/30/2018. (KAW)
May 25, 2018 Opinion or Order Filing 825 ORDER granting in part and denying in part #737 Plaintiffs' Motion to Compel Bausch & Lomb to Produce Complete Versions of Redacted Documents it Intentionally Omitted from its Categorical Privilege Logs; B&L to revise its privilege logs no later than 6/20/2018. Signed by Magistrate Judge James R. Klindt on 5/24/2018. (KAW)
May 18, 2018 Filing 824 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson of Withdrawal of Pamela Mazzarella as a Proposed Class Representative (Attachments: #1 Exhibit A)(DeVault, John)
May 18, 2018 Filing 823 NOTICE of change of address by Thomas V. Bender (Bender, Thomas)
May 16, 2018 Opinion or Order Filing 822 ORDER Setting Hearing on Motion #781 MOTION for Settlement Preliminary Approval with CooperVision, Inc. : Motion Hearing set for 6/19/2018 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger; SEE ORDER FOR FURTHER DETAILS AND INSTRUCTIONS. Signed by Senior Judge Harvey E. Schlesinger on 5/16/2018. (MGG)
May 16, 2018 Filing 821 APPEARANCE of non-resident counsel and designation of local counsel by Jennifer L. Kifer on behalf of Bausch Lomb Incorporated, Valeant Pharmaceuticals North America, LLC. Local Counsel: Jennifer L. Kifer. Non-Resident Counsel: Mark Patrick Angland. (Kifer, Jennifer)
May 11, 2018 Opinion or Order Filing 820 ORDER granting #819 Unopposed Motion for Withdrawal of J. Taylor Kirklin as Counsel for Johnson & Johnson Vision Care, Inc. Jackson Taylor Kirklin is permitted to withdraw as counsel of record for Defendant Johnson & Johnson Vision Care, Inc. Defendant will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 5/11/2018. (MDC)
May 10, 2018 Filing 819 Unopposed MOTION for J. Taylor Kirklin to withdraw as attorney by Johnson & Johnson Vision Care, Inc.. (Smith, Robert) Motions referred to Magistrate Judge James R. Klindt.
April 25, 2018 Opinion or Order Filing 818 ORDER granting #816 Plaintiffs' Unopposed Motion to Continue Status Conference, to the extent that the telephonic discovery status conference set for April 26, 2018 at 2:00 p.m. is CANCELLED. The next telephonic discovery status conference will be held on Thursday, May 31, 2018 at 2:00 p.m. See #772 Notice. Signed by Magistrate Judge James R. Klindt on 4/25/2018. (KAW)
April 25, 2018 Opinion or Order Filing 817 ORDER granting in part and otherwise denying #591 & S-598, Plaintiffs' Motion to Compel Defendant Alcon to Produce Unredacted Exhibits and Final Versions of Presentations from Eugene Straub's and David Dowd's Depositions and #796 Plaintiffs' Motion and Memorandum of Law Challenging Alcon's Attempt to Force Redactions to Dr. Solow's Merits and Class-Related Reports. Signed by Magistrate Judge James R. Klindt on 4/25/2018. (KAW)
April 25, 2018 Filing 816 Unopposed MOTION to Continue April 26, 2018 Status Conference by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Weiler, Matthew)
April 13, 2018 Opinion or Order Filing 815 ORDER granting #814 Plaintiffs' Unopposed Motion and Memorandum of Law to Extend the Deadline for Taking Depositions of Four of Defendants' Merits-Related Experts. Signed by Magistrate Judge James R. Klindt on 4/13/2018. (KAW)
April 12, 2018 Filing 814 Unopposed MOTION to extend time to Deadline for Taking Depositions of Four of Defendants' Merits-Related Experts by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
April 10, 2018 Opinion or Order Filing 813 ORDER: granting #805 Joint MOTION to Schedule a Class Certification Hearing; granting #809 Unopposed MOTION to extend time to file Summary Judgment Motions; Class Certification Hearing set for Wednesday, 8/1/2018 and Thursday, 8/2/2018 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger; Opening briefs due 7/20/2018; Opposition briefs due 9/21/2018; Reply briefs due 10/19/2018; Surreply briefs due 11/16/2018; Final Pretrial Conference set for 3/27/2019 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger, Jury Trial set for trial term commencing 5/6/2019 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. Signed by Senior Judge Harvey E. Schlesinger on 4/6/2018. (MGG)
April 9, 2018 Opinion or Order Filing 812 ORDER granting #811 Unopposed Motion for Withdrawal of Alexander J. Rodney as Counsel for Alcon. Alexander J. Rodney is permitted to withdraw as counsel of record for Defendant Alcon Laboratories, Inc. Defendant will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 4/9/2018. (MDC)
April 6, 2018 Filing 811 Unopposed MOTION for Alexander J. Rodney to withdraw as attorney by Alcon Laboratories, Inc.. (Marriott, David) Motions referred to Magistrate Judge James R. Klindt.
April 4, 2018 Filing 810 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #805 Joint MOTION for miscellaneous relief, specifically to Schedule a Class Certification Hearing Regarding Class Certification Hearing (Joint) (Lockamy, Michael)
March 28, 2018 Filing 809 Unopposed MOTION to extend time to file Summary Judgment Motions by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
March 28, 2018 Filing 808 NOTICE canceling Oral Argument on Motion(s) for Summary Judgment hearing scheduled for April 4, 2018 at 9:30 AM (MGG)
March 22, 2018 Filing 807 RESPONSE in Opposition re #796 MOTION for miscellaneous relief, specifically Challenging Alcon Laboratories, Inc.'s Attempt to Force Redactions to Dr. Solow's Merits and Class-Related Reports filed by Alcon Laboratories, Inc.. (Horovitz, Samuel)
March 21, 2018 Filing 806 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #805 Joint MOTION for miscellaneous relief, specifically to Schedule a Class Certification Hearing (Steinberg, Benjamin)
March 17, 2018 Filing 805 Joint MOTION for miscellaneous relief, specifically to Schedule a Class Certification Hearing by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel)
March 15, 2018 Filing 804 NOTICE of change of address by Daniel Jay Mogin (Mogin, Daniel)
March 15, 2018 Filing 803 APPEARANCE of non-resident counsel and designation of local counsel by Jennifer L. Kifer on behalf of Bausch & Lomb, Incorporated, Valeant Pharmaceuticals North America, LLC. Local Counsel: Jennifer Kifer. Non-Resident Counsel: Eliot Turner. (Kifer, Jennifer)
March 15, 2018 Filing 802 APPEARANCE of non-resident counsel and designation of local counsel by Jennifer L. Kifer on behalf of Bausch & Lomb, Incorporated, Valeant Pharmaceuticals North America, LLC. Local Counsel: Jennifer Kifer. Non-Resident Counsel: Robin D. Adelstein. (Kifer, Jennifer)
March 15, 2018 Filing 801 APPEARANCE of non-resident counsel and designation of local counsel by Jennifer L. Kifer on behalf of Bausch & Lomb, Incorporated, Valeant Pharmaceuticals North America, LLC. Local Counsel: Jennifer Kifer. Non-Resident Counsel: Mark Robertson. (Kifer, Jennifer)
March 14, 2018 Filing 800 NOTICE CANCELLING telephonic discovery status conference scheduled for 3/22/2018 at 2:00 PM. The next telephonic discovery status conference will be held on 4/26/2018 at 2:00 PM. See #772 Notice. (KAW)
March 12, 2018 Opinion or Order Filing 799 ORDER granting #798 Marn Larsen Ball's Unopposed Motion for Withdrawal of Counsel. John A. Lucas and Wagner Myers & Sanger, P.C. are permitted to withdraw as counsel of record for Plaintiff Marn Larsen Ball. Plaintiff will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 3/12/2018. (MDC)
March 9, 2018 Filing 798 Unopposed MOTION for John A. Lucas and Wagner, Myers & Sanger, P.C. to withdraw as attorney by Marn Larsen-Ball. (Lucas, John) Motions referred to Magistrate Judge James R. Klindt.
March 9, 2018 Filing 797 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson Correcting 3.01(g) Certificate (Giddings, Nathaniel)
March 8, 2018 Filing 796 MOTION for miscellaneous relief, specifically Challenging Alcon Laboratories, Inc.'s Attempt to Force Redactions to Dr. Solow's Merits and Class-Related Reports by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Affidavit Nathaniel C. Giddings, #2 Exhibit 1-7)(Giddings, Nathaniel)
March 5, 2018 Filing 795 NOTICE of change of address by Christopher M. Burke (Burke, Christopher)
March 5, 2018 Filing 794 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. cindyrprfcrr@gmail.com (CLP)
March 5, 2018 Filing 793 TRANSCRIPT of Digitally Recorded Telephonic Discovery Status Hearing held on February 22, 2018 before Judge James R. Klindt. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 904-301-6843; cindyrprfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 3/26/2018, Redacted Transcript Deadline set for 4/5/2018, Release of Transcript Restriction set for 6/4/2018. (CLP)
February 26, 2018 Filing 792 NOTICE of compliance with CAFA Requirements by Coopervision, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tanner, Michael)
February 23, 2018 Opinion or Order Filing 791 ORDER granting 790 Defendants' oral motion to conduct up to fourteen-hour merits depositions of each of Plaintiffs' two expert economists. Signed by Magistrate Judge James R. Klindt on 2/23/2018. (KAW)
February 23, 2018 Opinion or Order Filing 788 ORDER granting #784 Unopposed Motion for Withdrawal of Avi R. Kaufman as Counsel for Plaintiffs. Avi R. Kaufman is permitted to withdraw as counsel of record for Class Plaintiffs. Class Plaintiffs will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 2/23/2018. (MDC)
February 22, 2018 Filing 790 DEFENDANTS' ORAL MOTION to conduct up to fourteen-hour merits depositions of each of Plaintiffs' two expert economists. (MDC)
February 22, 2018 Filing 789 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Discovery Status Hearing held on 2/22/2018. (DIGITAL) (MDC)
February 22, 2018 Opinion or Order Filing 787 ORDER denying #728 & S-734, Plaintiffs' Renewed Motion for the Production of Electronically Stored Information From Dr. Dwight Akerman. Signed by Magistrate Judge James R. Klindt on 2/22/2018. (KAW)
February 22, 2018 Opinion or Order Filing 786 ORDER granting #751 Plaintiffs' Unopposed Motion for Leave to File a Reply Brief, to the extent that the Court accepts as filed #756 Plaintiffs' Reply in Support of Motion to Compel Bausch & Lomb to Produce Complete Versions of Redacted Documents it Intentionally Omitted from Its Categorical Privilege Logs and #763 Bausch & Lomb Incorporated's Sur-Reply in Support of its Opposition to Class Plaintiffs' Motion to Compel Defendant Bausch & Lomb to Produce Complete Versions of Redacted Documents. Signed by Magistrate Judge James R. Klindt on 2/22/2018. (KAW)
February 22, 2018 Sealed Document, S-785. (AEJ)
February 22, 2018 Filing 784 Unopposed MOTION for Avi R. Kaufman to withdraw as attorney by In Re: Disposable Contact Lens Antitrust Litigation. (Gilbert, Robert) Motions referred to Magistrate Judge James R. Klindt.
February 21, 2018 Filing 783 RESPONSE in Opposition re #759 MOTION to Compel Defendant Alcon Laboratories, Inc. to Produce Privilege Logs that Comply with this Court's Orders and the Federal Rules of Civil Procedure filed by Alcon Laboratories, Inc.. (Attachments: #1 Declaration of Sarah V. Warburg-Johnson, #2 Declaration of Chris Summons, #3 Declaration of Ray Pasko, #4 Declaration of Jason Klomp)(Marriott, David)
February 21, 2018 Filing 782 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson Re: February 22, 2018 Telephonic Status Hearing (Giddings, Nathaniel)
February 21, 2018 Filing 781 MOTION for Settlement Preliminary Approval with CooperVision, Inc. by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Boardman Declaration, #3 Exhibit C - Proposed Order, #4 Exhibit D - Wedgworth Declaration)(Guglielmo, Joseph)
February 16, 2018 Filing 780 NOTICE by Misty Bolen-Carson Notice of Change of Firm Name (Kralowec, Kimberly)
February 15, 2018 Opinion or Order Filing 779 ORDER granting #778 Defendant Bausch & Lomb, Inc.'s Unopposed Motion for Withdrawal and Substitution of Counsel. Jerome W. Hoffman is substituted for Terrence J. Russell as counsel of record for Defendant Bausch & Lomb, Incorporated. Signed by Magistrate Judge James R. Klindt on 2/15/2018. (MDC)
February 15, 2018 Filing 778 Unopposed MOTION for to withdraw as attorney , Unopposed MOTION to Substitute Attorney by Bausch & Lomb, Inc.. (Kifer, Jennifer) Motions referred to Magistrate Judge James R. Klindt.
February 14, 2018 Filing 777 NOTICE of change of address by Lesley Elizabeth Weaver (Weaver, Lesley)
February 14, 2018 Sealed Document S-776. (TSW)
February 13, 2018 Filing 775 REPLY to Response to Motion re #759 MOTION to Compel Defendant Alcon Laboratories, Inc. to Produce Privilege Logs that Comply with this Court's Orders and the Federal Rules of Civil Procedure filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(DeVault, John)
February 7, 2018 Sealed Document S-773, S-774. (TSW)
February 7, 2018 Filing 772 NOTICE SETTING REGULAR TELEPHONIC DISCOVERY STATUS CONFERENCES: Telephonic discovery status conferences are set before Magistrate Judge James R. Klindt on the following dates: 02/22/2018 at 2:00 PM; 03/22/2018 at 2:00 PM; 04/26/2018 at 2:00 PM; 05/31/2018 at 2:00 PM; and 06/28/2018 at 2:00 PM. SEE NOTICE FOR CALL IN INSTRUCTIONS. (KAW)
February 6, 2018 Filing 771 DECLARATION of Ashish M. Bakshi re #768 Memorandum in opposition by Alcon Laboratories, Inc.. (Marriott, David)
February 6, 2018 Filing 770 DECLARATION of Sarah V. Warburg-Johnson re #768 Memorandum in opposition by Alcon Laboratories, Inc.. (Marriott, David)
February 6, 2018 Filing 769 DECLARATION of Alexander J. Rodney re #768 Memorandum in opposition by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit A - FILED UNDER SEAL, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - FILED UNDER SEAL, #5 Exhibit E - FILED UNDER SEAL, #6 Exhibit F - FILED UNDER SEAL, #7 Exhibit G - FILED UNDER SEAL, #8 Exhibit H - FILED UNDER SEAL, #9 Exhibit I - FILED UNDER SEAL, #10 Exhibit J - FILED UNDER SEAL, #11 Exhibit K - FILED UNDER SEAL, #12 Exhibit L - FILED UNDER SEAL, #13 Exhibit M - FILED UNDER SEAL, #14 Exhibit N - FILED UNDER SEAL, #15 Exhibit O - FILED UNDER SEAL, #16 Exhibit P - FILED UNDER SEAL, #17 Exhibit Q - FILED UNDER SEAL, #18 Exhibit R - FILED UNDER SEAL, #19 Exhibit S - FILED UNDER SEAL)(Marriott, David)
February 6, 2018 Filing 768 MEMORANDUM in opposition re #759 Motion to Compel filed by Alcon Laboratories, Inc.. (Marriott, David)
February 1, 2018 Sealed Document S-767. (TSW)
February 1, 2018 Filing 766 REPLY to Response to Motion re #591 MOTION to Compel Alcon to Produce Redacted Exhibits and Final Version of Presentations from Eugene Straub's and David Dowd's Depositions Reply to Alcon Laboratories, Inc.'s Response in Further Opposition to Plaintiffs' Motion to Compel the Production Certain Unredacted Documents filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
January 30, 2018 Filing 765 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shelli Kozachenko. (SMK)
January 30, 2018 Filing 764 TRANSCRIPT of Digitally Recorded Telephonic Discovery Status Hearing held on 1/19/17 before Judge James R. Klindt. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 2/20/2018, Redacted Transcript Deadline set for 3/2/2018, Release of Transcript Restriction set for 4/30/2018. (SMK)
January 29, 2018 Filing 763 REPLY to Response to Motion re #737 MOTION to Compel Bausch & Lomb To Produce Complete Versions Of Redacted Documents It Intentionally Omitted From Its Categorical Privilege Logs filed by Bausch Lomb Incorporated. (Kifer, Jennifer)
January 26, 2018 Sealed Document S-762. (TSW)
January 25, 2018 Opinion or Order Filing 761 ORDER granting #760 Plaintiffs' Unopposed Motion for Leave to Seal and to File in Paper Format (1) Plaintiffs' Motion to Compel Defendant Alcon Laboratories, Inc. to Produce Privilege Logs that Comply with this Court's Orders and the Federal Rules of Civil Procedure; and (2) Exhibits G, J-M, O, S-AA, DD-HH Attached to the Declaration of Joseph C. Bourne in Support Thereof; Plaintiffs to provide documents to Clerk, who shall file them under seal; any response, reply, and sur-reply discussing or attaching confidential documents to be filed under seal (without need for separate motion) upon presentation of the Order to the Clerk. Signed by Magistrate Judge James R. Klindt on 1/25/2018. (KAW)
January 23, 2018 Filing 760 MOTION for leave to file under seal (1) Plaintiffs' Motion to Compel Defendant Alcon Laboratories, Inc. to Produce Privilege Logs that Comply with this Court's Orders and the Federal Rules of Civil Procedure; and (2) Exhibits G, J-M, O, S-AA, DD-HH Attached to the Declaration of Joseph C. Bourne in Support Thereof by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel)
January 23, 2018 Filing 759 MOTION to Compel Defendant Alcon Laboratories, Inc. to Produce Privilege Logs that Comply with this Court's Orders and the Federal Rules of Civil Procedure by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Affidavit Joseph C. Bourne, #2 Exhibit A-Z, #3 Exhibit AA-II, #4 Affidavit Vivian M. Enck)(Giddings, Nathaniel) Motions referred to Magistrate Judge James R. Klindt.
January 23, 2018 Filing 758 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. cindyrprfcrr@gmail.com (CLP)
January 23, 2018 Filing 757 TRANSCRIPT of Oral Argument held on 11-28-17 before Judge James R. Klindt. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 904-301-6843; cindyrprfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 2/13/2018, Redacted Transcript Deadline set for 2/23/2018, Release of Transcript Restriction set for 4/23/2018. (CLP)
January 22, 2018 Filing 756 REPLY to Response to Motion re #737 MOTION to Compel Bausch & Lomb To Produce Complete Versions Of Redacted Documents It Intentionally Omitted From Its Categorical Privilege Logs filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Clobes, Bryan)
January 19, 2018 Filing 755 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RDR, CRR, CRC; dsmabishop@yahoo.com; (904)549-1307. (SB)
January 19, 2018 Filing 754 TRANSCRIPT of Digitally Recorded Telephonic Status Hearing held on January 11, 2018 before Judge James R. Klindt. Court Reporter/Transcriber Shannon M. Bishop, RDR, CRR, CRC; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 2/9/2018, Redacted Transcript Deadline set for 2/20/2018, Release of Transcript Restriction set for 4/19/2018. (SB)
January 19, 2018 Sealed Document S-753. (TSW)
January 18, 2018 Filing 752 RESPONSE in Opposition re #591 MOTION to Compel Alcon to Produce Redacted Exhibits and Final Version of Presentations from Eugene Straub's and David Dowd's Depositions ALCON LABORATORIES, INC.'S RESPONSE IN FURTHER OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL THE PRODUCTION OF CERTAIN UNREDACTED DOCUMENTS filed by Alcon Laboratories, Inc.. (Marriott, David)
January 18, 2018 Filing 751 Unopposed MOTION for leave to file a Reply Brief to Bausch & Lomb's Opposition to Class Plaintiffs' Motion to Compel Defendant Bausch & Lomb to Produce Complete Versions of Redacted Documents (Doc. 746) by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
January 12, 2018 Opinion or Order Filing 750 ORDER memorializing deadlines announced at 1/11/2018 status conference. Plaintiffs have up to and including 1/23/2018 to file a motion, not to exceed thirty pages, regarding all outstanding privilege log issues Plaintiffs have with Defendant Alcon. Alcon's response, not to exceed thirty pages, is due 2/6/2018. Plaintiffs' reply, not to exceed fifteen pages, is due 2/13/2018. Alcon's sur-reply, not to exceed fifteen pages, is due 2/21/2018. Alcon's request to reply to #729 Plaintiffs' response to Alcon's Supplemental Memorandum Regarding Plaintiffs' Motion to Compel Production of Unredacted and Final Versions of Certain Documents is GRANTED, and Alcon shall have until 1/18/2018 to do so (limited to ten pages). Plaintiffs may sur-reply (limited to ten pages) by 2/1/2018. Signed by Magistrate Judge James R. Klindt on 1/12/2018. (KAW)
January 12, 2018 Opinion or Order Filing 749 ORDER granting in part and denying in part #724 Defendants' Motion to Enforce the Case Management Order and Preclude Plaintiffs from Relying on Expert Testimony Disclosed After the Court-Ordered Deadline or, in the Alternative, to Compel Plaintiffs to Submit Any Merits Experts' Materials No Later Than January 8, 2018; denying #731 Plaintiffs' Motion to Amend Deadlines in Case Management and Scheduling Order; Plaintiffs shall serve opening Rule 26 merits-related expert witness designations and disclosures and materials relied upon by 2/15/2018; Defendants shall serve Rule 26 merits-related expert witness designations and disclosures and materials relied upon by 3/30/2018; All depositions of merits-related expert witnesses shall be completed by 4/21/2018. Signed by Magistrate Judge James R. Klindt on 1/12/2018. (KAW)
January 12, 2018 Filing 747 DECLARATION of Luke T. Taeschler re #746 Memorandum in opposition by Bausch & Lomb, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kifer, Jennifer)
January 12, 2018 Filing 746 MEMORANDUM in opposition re #737 Motion to Compel Bausch & Lomb to Produce Complete Versions of Redacted Documents filed by Bausch & Lomb, Incorporated. (Kifer, Jennifer)
January 11, 2018 Filing 748 Minute Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Discovery Status Hearing held on 1/11/2018. (DIGITAL) (KAW)
January 11, 2018 Filing 745 NOTICE of change of address by Peggy J. Wedgworth (Wedgworth, Peggy)
January 10, 2018 Filing 744 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re January 11, 2018 Telephonic Status Hearing (Giddings, Nathaniel)
January 10, 2018 Filing 743 NOTICE of Appearance of Brittany N. Resch for Plaintiffs Appearance by Joseph C. Bourne on behalf of Rachel Berg, Jacqueline Gaston, Matt Gustafson, Marlene Jacobus (Bourne, Joseph)
December 29, 2017 Opinion or Order Filing 742 ORDER granting #738 Bausch & Lomb Incorporated's Unopposed Motion and Memorandum of Law to Extend the Deadline to Respond to Plaintiffs' Motion to Compel. Defendant Bausch & Lomb shall have up to and including 01/12/2018 to respond to #737 Plaintiffs' Motion to Compel Defendant Bausch & Lomb to Produce Complete Versions of Redacted Documents It Intentionally Omitted From Its Categorical Privilege Logs. Signed by Magistrate Judge James R. Klindt on 12/29/2017. (BHC)
December 29, 2017 Sealed Document S-741 (AET)
December 29, 2017 Filing 740 RESPONSE in Opposition re #728 MOTION to Compel Production of Electronically Stored Information from Dr. Dwight Akerman filed by Alcon Laboratories, Inc.. (Marriott, David)
December 28, 2017 Opinion or Order Filing 739 ORDER regarding #724 Defendants' Motion to Enforce the Case Management Order and Preclude Plaintiffs from Relying on Expert Testimony Disclosed After the Court-Ordered Deadline or, in the Alternative, to Compel Plaintiffs to Submit Any Merits Experts' Materials No Later Than January 8, 2018 and #731 Plaintiffs' Motion to Amend Deadlines in Case Management Order; during the telephonic discovery status conference set for 1/11/2018 at 2:00 p.m., the Court will hear from the parties regarding these matters; in the meantime, Defendants' 1/8/2018 merits expert disclosure deadline imposed by #361 Case Management Order is stayed. Signed by Magistrate Judge James R. Klindt on 12/28/2017. (KAW)
December 28, 2017 Filing 738 Unopposed MOTION for Extension of Time to File Response/Reply as to #737 MOTION to Compel Bausch & Lomb To Produce Complete Versions Of Redacted Documents It Intentionally Omitted From Its Categorical Privilege Logs by Bausch Lomb Incorporated. (Kifer, Jennifer) Motions referred to Magistrate Judge James R. Klindt.
December 22, 2017 Filing 737 MOTION to Compel Bausch & Lomb To Produce Complete Versions Of Redacted Documents It Intentionally Omitted From Its Categorical Privilege Logs by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit Declaration of Nyran Rose Rasche, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Clobes, Bryan) Motions referred to Magistrate Judge James R. Klindt.
December 20, 2017 Filing 736 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #710 Telephone Conference (Giddings, Nathaniel)
December 19, 2017 Sealed Document S-734, S-735. (TSW)
December 18, 2017 Filing 733 RESPONSE in Opposition re #731 MOTION to Amend/Correct filed by ABB Optical Group, Alcon Laboratories, Inc., Bausch Lomb Incorporated, Johnson & Johnson Vision Care, Inc.. (Marriott, David)
December 18, 2017 Opinion or Order Filing 732 ORDER directing Defendants to respond to #731 Plaintiffs' Motion to Amend Case Management Order, by 12/22/2017. See Order for details. Signed by Magistrate Judge James R. Klindt on 12/18/2017. (KAW)
December 18, 2017 Filing 731 MOTION to Amend deadlines in the case management and scheduling Order filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Text of Proposed Order)(per Chambers)(TSW)
December 15, 2017 Filing 730 RESPONSE in Opposition re #724 MOTION for miscellaneous relief, specifically To Enforce the Case Management Order and Preclude Plaintiffs from Relying on Expert Testimony Disclosed After the Court-Ordered Deadline or, in the Alternative, To Compel Plaintiffs To Submit Any Merits Ex filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Text of Proposed Order)(Guglielmo, Joseph)
December 15, 2017 Filing 729 RESPONSE re #711 Memorandum in opposition filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Affidavit, #2 Exhibit 1-18)(Giddings, Nathaniel)
December 15, 2017 Filing 728 MOTION to Compel Production of Electronically Stored Information from Dr. Dwight Akerman by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Affidavit, #2 Exhibit 1-9)(Giddings, Nathaniel) Motions referred to Magistrate Judge James R. Klindt.
December 13, 2017 Opinion or Order Filing 727 ORDER granting #726 Plaintiffs' request to have until Friday, 12/15/2017 to respond to #724 Defendants' Motion to Enforce the Case Management Order and Preclude Plaintiffs from Relying on Expert Testimony Disclosed After the Court-Ordered Deadline or, in the Alternative, to Compel Plaintiffs to Submit Any Merits Experts' Materials No Later Than January 8, 2018. Signed by Magistrate Judge James R. Klindt on 12/13/2017. (KAW)
December 12, 2017 Filing 726 RESPONSE re #724 MOTION for miscellaneous relief, specifically To Enforce the Case Management Order and Preclude Plaintiffs from Relying on Expert Testimony Disclosed After the Court-Ordered Deadline or, in the Alternative, To Compel Plaintiffs To Submit Any Merits Ex filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
December 11, 2017 Filing 725 DECLARATION of Alexander J. Rodney re #724 MOTION for miscellaneous relief, specifically To Enforce the Case Management Order and Preclude Plaintiffs from Relying on Expert Testimony Disclosed After the Court-Ordered Deadline or, in the Alternative, To Compel Plaintiffs To Submit Any Merits Ex by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Marriott, David)
December 11, 2017 Filing 724 MOTION for miscellaneous relief, specifically To Enforce the Case Management Order and Preclude Plaintiffs from Relying on Expert Testimony Disclosed After the Court-Ordered Deadline or, in the Alternative, To Compel Plaintiffs To Submit Any Merits Experts' Materials No Later than January 8, 2018, and Request for Expedited Consideration by Alcon Laboratories, Inc.. (Marriott, David)
December 6, 2017 Sealed Document S-722, S-723. (TSW)
December 6, 2017 Sealed Document S-720, S-721. (TSW)
December 6, 2017 Opinion or Order Filing 719 ORDER granting #718 Plaintiffs' Unopposed Motion for Leave to File Under Seal; directions to Clerk. Signed by Magistrate Judge James R. Klindt on 12/6/2017. (KAW)
December 4, 2017 Filing 718 Unopposed MOTION for leave to file under seal by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
December 4, 2017 Filing 717 DECLARATION of Michael A. Williams re #715 Memorandum in opposition by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
December 4, 2017 Filing 716 DECLARATION of Michael E. Lockamy re #715 Memorandum in opposition by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Errata 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19)(Lockamy, Michael)
December 4, 2017 Filing 715 MEMORANDUM in opposition re #693 Motion for Miscellaneous Relief to Exclude Supplemental Expert Report of Dr. Michael Williams filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
December 1, 2017 Sealed Document S-713, S-714. (TSW)
November 30, 2017 Filing 712 DECLARATION of Eugene Straub re #711 Memorandum in opposition by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B (Filed Under Seal), #3 Exhibit C (Filed Under Seal))(Marriott, David)
November 30, 2017 Filing 711 MEMORANDUM in opposition re #591 Motion to Compel ALCON'S MEMORANDUM IN FURTHER OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF UNREDACTED AND "FINAL" VERSIONS OF CERTAIN DOCUMENTS filed by Alcon Laboratories, Inc.. (Marriott, David)
November 30, 2017 Filing 710 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Discovery Status Hearing held on 11/30/2017. Plaintiffs' motion(s) regarding Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc.'s responses to Interrogatory No. 23 due no later than 12/20/2017. Johnson & Johnson Vision Care, Inc. and Alcon Laboratories, Inc.'s responses due no later than 1/9/2018. (Digital) (MDC)
November 30, 2017 Filing 709 REDACTED TRANSCRIPT of Telephonic Discovery Status Hearing held on 8-17-17 before Judge James R. Klindt. Court Reporter/Transcriber Cindy Packevicz Jarriel, Telephone number 904-301-6843; cindyrprfcrr@gmail.com. re 581 Transcript. (LRB)
November 29, 2017 Sealed Document. S-706 (LRB)
November 29, 2017 Filing 707 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re November 30, 2017 Telephonic Status Hearing (Giddings, Nathaniel)
November 29, 2017 Opinion or Order Filing 704 ORDER granting #703 Plaintiffs' Amended Redaction Request; directions to Clerk regarding filing of transcript and Court Reporter regarding redacting it. Signed by Magistrate Judge James R. Klindt on 11/29/2017. (KAW)
November 28, 2017 Sealed Document S-708. (TSW)
November 28, 2017 Filing 705 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Oral Argument held on 11/28/2017 re #587 and [S-595] Plaintiffs' Second Motion to Compel Defendant Johnson & Johnson Vision Care, Inc. to Produce Documents Improperly Withheld on Privilege Grounds and for In Camera Review. Johnson & Johnson Vision Care, Inc. to provide sampling of 34 privileged documents in camera directly to chambers no later than 12/5/17. Plaintiffs to provide proposed order directly to chambers, with Defense counsel receiving a copy, no later than Tuesday, 12/5/2017. Court Reporter: Cindy Packevicz Jarriel/Digital (Exhibit filed separately under seal) (MDC)
November 27, 2017 Filing 703 AMENDED NOTICE of intent to request redaction by Nathaniel C Giddings re 581 Transcript (Giddings, Nathaniel) Modified on 11/28/2017 to edit text(TSW).
November 22, 2017 Opinion or Order Filing 702 ORDER denying #609 & S-635 Class Plaintiffs' Motion to Compel Defendant Bausch & Lomb to Produce Documents Responsive to Agreed Upon Search Terms. Signed by Magistrate Judge James R. Klindt on 11/22/2017. (KAW)
November 20, 2017 Opinion or Order Filing 698 ORDER granting #695 Plaintiffs' Unopposed Motion and Memorandum of Law to Extend the Deadline to Respond to Defendant's Daubert Motion; Plaintiffs have up to and including 12/4/2017 to respond to #693 Defendants' Motion to Exclude the Supplemental Report of Dr. Michael A. Williams Under Fed. R. Evid. 702 and Daubert and Memorandum of Law in Support Thereof. Signed by Magistrate Judge James R. Klindt on 11/20/2017. (KAW)
November 15, 2017 Opinion or Order Filing 697 ORDER granting #692 Defendants' Unopposed Omnibus Motion to Seal Under Local Rule 1.09(a) and (b); Defendants to provide documents to Clerk, who shall file them under seal. Signed by Magistrate Judge James R. Klindt on 11/15/2017. (KAW)
November 15, 2017 Opinion or Order Filing 696 ORDER granting #691 Unopposed Motion to Delay New Briefing on Defendant Alcon Laboratories, Inc.'s Privilege Logs; briefing delayed until further Order; setting argument on #587 & S-595 Plaintiffs' Second Motion to Compel Defendant Johnson & Johnson Vision Care, Inc. to Produce Documents Improperly Withheld on Privilege Grounds and for In Camera Review; argument set for 11/28/2017 at 10:00 a.m. in Jacksonville Courtroom 5D before Magistrate Judge James R. Klindt; in person appearances for parties most familiar with issues in motion required; others may appear telephonically by following instructions in Order. Signed by Magistrate Judge James R. Klindt on 11/15/2017. (KAW)
November 15, 2017 Filing 695 Unopposed MOTION for Extension of Time to File Response to Defendants' Daubert Motion by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel)
November 13, 2017 Filing 694 DECLARATION of Luke T. Taeschler re #693 MOTION for miscellaneous relief, specifically to Exclude the Supplemental Report of Dr. Michael A. Williams Under Fed.R.Evid. 702 and Daubert and Memorandum of Law by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Inc., Johnson & Johnson Vision Care Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Kifer, Jennifer)
November 13, 2017 Filing 693 MOTION for miscellaneous relief, specifically to Exclude the Supplemental Report of Dr. Michael A. Williams Under Fed.R.Evid. 702 and Daubert and Memorandum of Law by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Inc., Johnson & Johnson Vision Care Inc.. (Kifer, Jennifer)
November 13, 2017 Filing 692 Unopposed MOTION for leave to file under seal by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Inc., Johnson & Johnson Vision Care, Inc.. (Kifer, Jennifer)
November 9, 2017 Filing 691 Unopposed MOTION for miscellaneous relief, specifically Delay New Briefing on Defendant Alcon Laboratories, Inc.'s Privilege Logs by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel)
November 6, 2017 Filing 690 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RDR, CRR; dsmabishop@yahoo.com; (904)549-1307. (SB)
November 6, 2017 Filing 689 TRANSCRIPT of Telephonic Status Hearing held on November 2, 2017 before Judge James R. Klindt. Court Reporter/Transcriber Shannon M. Bishop, RDR, CRR; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 11/27/2017, Redacted Transcript Deadline set for 12/7/2017, Release of Transcript Restriction set for 2/5/2018. (SB)
November 2, 2017 Filing 688 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Discovery Status Hearing held on 11/2/2017. Plaintiff's motion regarding Alcon Laboratories, Inc.'s privilege log issues due no later than 11/16/2017. Alcon Laboratories, Inc.'s response due no later than 12/4/2017. Plaintiffs and Defendants Alcon Laboratories, Inc. and Johnson and Johnson Vision Care, Inc. will confer regarding a date for oral argument on privilege log motions and will report their proposed date(s) to the courtroom deputy. (DIGITAL) (MDC)
November 2, 2017 Opinion or Order Filing 687 ORDER granting in part and denying without prejudice in part #590 Plaintiffs' Motion to Compel Alcon to Produce Electronically Stored Information from One Additional Custodian; any renewed motion due 12/15/2017; taking under advisement #591 Plaintiffs' Motion to Compel Defendant Alcon to Produce Unredacted Exhibits and Final Versions of Presentations from Eugene Straub's and David Dowd's Depositions; Alcon's supplement due 11/30/2017; Plaintiffs' response due 12/15/2017; granting to extent stated #592 Plaintiffs' Motion to Compel Defendant Alcon to Search for and Produce Statements of Work for the KS&R Videos. See Order for details. Signed by Magistrate Judge James R. Klindt on 11/2/2017. (KAW)
November 1, 2017 Filing 686 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re: November 2, 2017 Telephonic Status Hearing (Giddings, Nathaniel)
October 30, 2017 Sealed Document S-683, S-684, S-685. (TSW)
October 27, 2017 Sealed Document S-681, S-682. (TSW)
October 27, 2017 Opinion or Order Filing 680 ORDER granting #673 Defendants' Unopposed Omnibus Motion to Seal Under Local Rule 1.09(a); Defendants to provide documents to Clerk for filing under seal. Signed by Magistrate Judge James R. Klindt on 10/26/2017. (KAW)
October 25, 2017 Filing 679 NOTICE of change of address by Michael G. McLellan (McLellan, Michael)
October 20, 2017 Filing 678 DECLARATION of Edward A. Snyder, Ph.D. re #674 Memorandum in opposition by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit 1-9, #2 Appendix A-E)(Smith, Robert)
October 20, 2017 Filing 677 DECLARATION of Samuel J. Horovitz re #674 Memorandum in opposition by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Marriott, David)
October 20, 2017 Filing 676 DECLARATION of Pierre-Yves Cremieux, Ph.D. re #674 Memorandum in opposition by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit 1, #2 Appendix A-B)(Smith, Robert)
October 20, 2017 Filing 675 DECLARATION of Taketo Miura by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Smith, Robert)
October 20, 2017 Filing 674 MEMORANDUM in opposition re #396 Motion to Certify Class ("Defendants' Sur-Reply Memorandum In Further Opposition To Plaintiffs' Motion For Class Certification") filed by Alcon Laboratories, Inc.. (Marriott, David)
October 20, 2017 Filing 673 Unopposed MOTION for leave to file under seal by ABB Optical Group, Alcon Laboratories, Inc., Bausch Lomb Incorporated, Johnson & Johnson Vision Care, Inc.. (Waggoner, Dennis)
October 20, 2017 Filing 672 NOTICE OF RESCHEDULING HEARING: The telephonic discovery status hearing previously scheduled for 10/26/2017 at 2:00 PM (see #546 Notice) is rescheduled. New scheduling date and time: telephonic discovery status conference set for 11/2/2017 at 02:00 PM before Magistrate Judge James R. Klindt. The instructions for calling (see #546 Notice) remain the same.(KAW)
October 17, 2017 Opinion or Order Filing 671 ORDER granting #670 Consent Motion for Extension of Time to Depose Defendants' Expert Witnesses; depositions of Dr. Snyder and Dr. Cremieux to be completed by 11/9/2017. Signed by Magistrate Judge James R. Klindt on 10/17/2017. (KAW)
October 16, 2017 Filing 670 Consent MOTION to extend time to Depose Defendants' Expert Witnesses by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
October 6, 2017 Filing 669 REPLY to Response to Motion re #609 MOTION to Compel DEFENDANT BAUSCH & LOMB TO PRODUCE DOCUMENTS RESPONSIVE TO AGREED UPON SEARCH TERMS filed by Bausch Lomb Incorporated. (Kifer, Jennifer)
October 3, 2017 Opinion or Order Filing 668 ORDER granting to the extent stated #655 & S-662, Defendants' Expedited Motion to Compel Expert Depositions and to Modify Class Certification Briefing Schedule; containing deadlines for parties' production of experts for depositions; Defendants' sur-reply and supplemental expert declarations (as contemplated by #577 Order) due 10/20/2017. Signed by Magistrate Judge James R. Klindt on 10/3/2017. (KAW)
October 2, 2017 Sealed Document S-667. (TSW)
September 29, 2017 Filing 666 RESPONSE in Opposition re #655 MOTION to Compel Expert Depositions and to Modify Class Certification Briefing Schedule (Expedited Review Requested) filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
September 29, 2017 Filing 665 REPLY to Response to Motion re #609 MOTION to Compel DEFENDANT BAUSCH & LOMB TO PRODUCE DOCUMENTS RESPONSIVE TO AGREED UPON SEARCH TERMS filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Clobes, Bryan) Modified on 10/2/2017 contacted counsel in regards to using the correct case caption on all pleadings(TSW).
September 27, 2017 Sealed Document S-663, S-664. (TSW)
September 27, 2017 Sealed Document S-662. (TSW)
September 26, 2017 Filing 660 REPLY to Response to Motion re #592 MOTION to Compel Alcon to Search for and Produce Statements of Work for the KS&R Videos ("Alcon Laboratories, Inc.'s Sur-Reply in Further Opposition to Plaintiffs' Motion to Compel KS&R Statements of Work") filed by Alcon Laboratories, Inc.. (Marriott, David)
September 26, 2017 Filing 659 REPLY to Response to Motion re #591 MOTION to Compel Alcon to Produce Redacted Exhibits and Final Version of Presentations from Eugene Straub's and David Dowd's Depositions ("Alcon Laboratories, Inc.'s Sur-Reply in Further Opposition to Plaintiffs' Motion to Compel Alcon to Produce Unredacted and 'Final' Versions of Certain Documents") filed by Alcon Laboratories, Inc.. (Marriott, David)
September 26, 2017 Filing 658 REPLY to Response to Motion re #590 MOTION to Compel Alcon to Produce Electronically Stored Information from One Additional Custodian ("Alcon Laboratories, Inc.'s Sur-Reply in Further Opposition to Plaintiffs' Motion to Compel Alcon to Produce ESI from an Additional Custodian") filed by Alcon Laboratories, Inc.. (Marriott, David)
September 26, 2017 Opinion or Order Filing 657 ORDER granting #654 Defendants' Unopposed Motion to Seal Under Local Rule 1.09(a) and (b); Defendants to provide unredacted motion to compel to Clerk, who shall file it under seal; Plaintiffs shall respond to the motion to compel (see Doc. No. #655 for redacted version) by 5:00 PM on 9/29/2017 and shall file the response under seal without further motion. SEE ORDER FOR DETAILS. Signed by Magistrate Judge James R. Klindt on 9/26/2017. (KAW)
September 25, 2017 Filing 656 DECLARATION of Sarah Williams re #655 MOTION to Compel Expert Depositions and to Modify Class Certification Briefing Schedule (Expedited Review Requested) by ABB Optical Group, Alcon Laboratories, Inc., Bausch Lomb Incorporated, Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Waggoner, Dennis)
September 25, 2017 Filing 655 MOTION to Compel Expert Depositions and to Modify Class Certification Briefing Schedule (Expedited Review Requested) by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care, Inc.. (Waggoner, Dennis) Motions referred to Magistrate Judge James R. Klindt.
September 25, 2017 Filing 654 Unopposed MOTION for leave to file under seal by ABB Concise Optical Group, LLC, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Johnson & Johnson Vision Care Inc.. (Waggoner, Dennis)
September 25, 2017 Filing 653 DECLARATION of Benjamin F. Jackson re #652 Response in Opposition to Motion by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Smith, Robert)
September 25, 2017 Filing 652 RESPONSE in Opposition re #587 MOTION to Compel Production of Withheld Documents and In Camera Review filed by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
September 22, 2017 Sealed Document S-661. (TSW)
September 22, 2017 Sealed Documents S-649, S-650, S-651. (TSW)
September 22, 2017 Filing 648 DECLARATION of Justine Haimi by Bausch Lomb. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kifer, Jennifer)
September 22, 2017 Filing 647 DECLARATION of Luke T. Taeschler re #646 Response in Opposition to Motion by Bausch Lomb. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kifer, Jennifer)
September 22, 2017 Filing 646 RESPONSE in Opposition re #609 MOTION to Compel DEFENDANT BAUSCH & LOMB TO PRODUCE DOCUMENTS RESPONSIVE TO AGREED UPON SEARCH TERMS filed by Bausch Lomb. (Kifer, Jennifer)
September 20, 2017 Sealed Document, S-645. (AEJ)
September 20, 2017 Sealed Document, S-644. (AEJ)
September 20, 2017 Sealed Document, S-643. (AEJ)
September 20, 2017 Sealed Document, S-642. (AEJ)
September 19, 2017 Filing 641 REPLY to Response to Motion re #592 MOTION to Compel Alcon to Search for and Produce Statements of Work for the KS&R Videos filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Giddings, Nathaniel)
September 19, 2017 Filing 640 REPLY to Response to Motion re #591 MOTION to Compel Alcon to Produce Redacted Exhibits and Final Version of Presentations from Eugene Straub's and David Dowd's Depositions filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Affidavit, #2 Exhibit 1)(Giddings, Nathaniel)
September 19, 2017 Filing 639 REPLY to Response to Motion re #590 MOTION to Compel Alcon to Produce Electronically Stored Information from One Additional Custodian filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Giddings, Nathaniel)
September 19, 2017 Opinion or Order Filing 638 ORDER granting #615 Unopposed Motion for Leave to Seal; Plaintiffs shall provide the appropriate documents to the Clerk of Court; the Clerk shall then file the documents under seal. Signed by Magistrate Judge James R. Klindt on 9/19/2017. (KAW)
September 18, 2017 Filing 637 REPLY to Response to Motion re #587 MOTION to Compel Production of Withheld Documents and In Camera Review reply brief re second motion to compel filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Affidavit Decl. of Matthew S. Weiler, #2 Exhibit Weiler Decl. Ex. A, #3 Exhibit Weiler Decl. Ex. 1, #4 Exhibit Weiler Decl. Ex. 2, #5 Exhibit Weiler Decl. Ex. 3, #6 Exhibit Weiler Decl. Ex. 4, #7 Exhibit Weiler Decl. Ex. 5)(Weiler, Matthew)
September 15, 2017 Sealed Documents S-635, S-636. (TSW)
September 14, 2017 Opinion or Order Filing 634 ORDER memorializing rulings from 9/14/2017 telephonic discovery status conference. Regarding #609 Class Plaintiffs' Motion to Compel Defendant Bausch & Lomb ("B&L") to Produce Documents Responsive to Agreed Upon Search Terms, Defendant B&L's response is due September 22, 2017. Plaintiffs' reply is due September 29, 2017. An optional sur-reply is due October 6, 2017. #630 Plaintiffs' Motion for Leave to File a Reply Brief in Support of Plaintiffs' Second Motion to Compel Against Defendant Johnson & Johnson Vision Care, Inc. is GRANTED to the extent that Plaintiffs' reply (not to exceed five pages) is due September 18, 2017 and an optional sur-reply (not to exceed five pages) is due September 25, 2017. Upon review of the parties' forthcoming papers, the Court will determine whether oral argument is necessary. Regarding all outstanding motions to compel related to Defendant Alcon Laboratories, Inc., and upon agreement by the parties, any replies and sur-replies previously permitted, see Order #583, shall not exceed ten pages. Signed by Magistrate Judge James R. Klindt on 9/14/2017. (KAW)
September 14, 2017 Opinion or Order Filing 633 ORDER granting #610 Plaintiffs' Unopposed Motion for Leave to Seal and to File in Paper Format (1) Plaintiffs' Motion to Compel Defendant Bausch & Lomb ("B&L") to Produce Documents Responsive to Agreed Upon Search Terms; (2) Declaration of Daniel O. Herrera in Support of the Motion to Compel; and (3) Exhibits A-E, H, I, and L Thereto. Plaintiffs shall provide the appropriate documents to the Clerk of Court. The Clerk shall then file the documents under seal. Any response, reply, and sur-reply to the motion to compel that contains summaries of confidential information or attachments of confidential documents shall be automatically filed under seal upon presentation of this Order to the Clerk (without need for a separate motion to seal). Plaintiffs and Defendant B&L shall ensure, as they have consistently done, that redacted versions are filed publicly. Signed by Magistrate Judge James R. Klindt on 9/14/2017. (KAW)
September 14, 2017 Filing 632 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Discovery Status Hearing held on 9/14/2017. (DIGITAL) (MDC)
September 14, 2017 Sealed Document S-624, S-625, S-626, S-627, S-628, S-629, S-631. (TSW)
September 14, 2017 Filing 630 MOTION for leave to file reply brief re second motion to compel by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Weiler, Matthew)
September 13, 2017 Filing 623 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re September 14 Telephonic Status Hearing (Guglielmo, Joseph)
September 12, 2017 Filing 622 DECLARATION of Sarah V. Warburg-Johnson re #620 Memorandum in opposition by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit 1)(Marriott, David) (Additional attachment(s) added on 9/14/2017:Modified on 9/14/2017 Per Chambers, exhibit 1 redacted and added back to doc entry(TSW).
September 12, 2017 Filing 621 DECLARATION of Jason Klomp re #620 Memorandum in opposition by Alcon Laboratories, Inc.. (Marriott, David)
September 12, 2017 Filing 620 MEMORANDUM in opposition re #591 Motion to Compel filed by Alcon Laboratories, Inc.. (Marriott, David)
September 12, 2017 Filing 619 DECLARATION of A. Graham Allen re #617 Memorandum in opposition by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V)(Marriott, David)
September 12, 2017 Filing 618 DECLARATION of Dr. Dwight Akerman re #617 Memorandum in opposition by Alcon Laboratories, Inc.. (Marriott, David)
September 12, 2017 Filing 617 MEMORANDUM in opposition re #590 Motion to Compel filed by Alcon Laboratories, Inc.. (Marriott, David)
September 12, 2017 Filing 616 MEMORANDUM in opposition re #592 Motion to Compel filed by Alcon Laboratories, Inc.. (Marriott, David)
September 8, 2017 Filing 615 Unopposed MOTION for leave to file under seal by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel)
September 8, 2017 Filing 614 DECLARATION of Michael E. Lockamy re #611 Reply to Response to Motion by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit 1-191)(Giddings, Nathaniel)
September 8, 2017 Filing 613 DECLARATION of Dr. John L. Solow re #611 Reply to Response to Motion by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel)
September 8, 2017 Filing 612 DECLARATION of Michael A. Williams, Ph.D. re #611 Reply to Response to Motion by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel)
September 8, 2017 Filing 611 REPLY to Response to Motion re #396 MOTION to Certify Class and Supporting Memorandum of Law (Redacted) Plaintiffs' Reply Memorandum of Law in Support of Motion for Class Certification filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Text of Proposed Order)(Giddings, Nathaniel)
September 8, 2017 Filing 610 MOTION for leave to file under seal Unopposed Motion to Seal Documents for Motion to Compel by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Clobes, Bryan)
September 8, 2017 Filing 609 MOTION to Compel DEFENDANT BAUSCH & LOMB TO PRODUCE DOCUMENTS RESPONSIVE TO AGREED UPON SEARCH TERMS by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Herrera Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Clobes, Bryan) Motions referred to Magistrate Judge James R. Klindt.
September 7, 2017 Opinion or Order Filing 608 ORDER granting #600 Motion to Withdraw as Counsel of Record for Defendant ABB Optical Group. Ian R. Conner is permitted to withdraw as counsel of record for Defendant ABB/Con-cise Optical Group, LLC. Defendant will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 9/7/2017. (MDC)
September 7, 2017 Sealed Document S-605, S-606, S-607. (TSW)
September 6, 2017 Filing 604 DECLARATION of Jerome A. Swindell re #601 Response in Opposition to Motion by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
September 6, 2017 Filing 603 DECLARATION of Taketo Miura re #601 Response in Opposition to Motion by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
September 6, 2017 Filing 602 DECLARATION of J. Taylor Kirklin re #601 Response in Opposition to Motion by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Smith, Robert)
September 6, 2017 Filing 601 RESPONSE in Opposition re #587 MOTION to Compel Production of Withheld Documents and In Camera Review filed by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
September 5, 2017 Filing 600 MOTION for Ian R. Conner to withdraw as attorney by ABB Optical Group. (Waggoner, Dennis) Motions referred to Magistrate Judge James R. Klindt.
September 1, 2017 Sealed Documents S-595, S-596, S-597, S-598, S-599. (TSW)
August 31, 2017 Opinion or Order Filing 594 ORDER granting #588 and #593 Plaintiffs' Motions to Seal; Plaintiffs to provide appropriate documents to the Clerk for filing under seal; any responses, replies, and sur-replies to the motions to compel that contain summaries of confidential information or attachments of confidential documents shall be automatically filed under seal upon presentation of this Order to the Clerk (without need for a separate motion to seal); Plaintiffs and Defendants shall ensure, as they have consistently done, that redacted versions are filed publicly. Signed by Magistrate Judge James R. Klindt on 8/31/2017. (KAW)
August 29, 2017 Filing 593 Unopposed MOTION for leave to file under seal by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
August 29, 2017 Filing 592 MOTION to Compel Alcon to Search for and Produce Statements of Work for the KS&R Videos by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Declaration of Daniel C. Hedlund, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit E to Declaration, #7 Exhibit F to Declaration, #8 Exhibit G to Declaration, #9 Exhibit H to Declaration)(Lockamy, Michael) Motions referred to Magistrate Judge James R. Klindt.
August 29, 2017 Filing 591 MOTION to Compel Alcon to Produce Redacted Exhibits and Final Version of Presentations from Eugene Straub's and David Dowd's Depositions by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Declaration of Daniel C. Hedlund, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit E to Declaration, #7 Exhibit F to Declaration, #8 Exhibit G to Declaration, #9 Exhibit H to Declaration, #10 Exhibit I to Declaration, #11 Exhibit J to Declaration, #12 Exhibit K to Declaration, #13 Exhibit L to Declaration, #14 Exhibit M to Declaration, #15 Exhibit N to Declaration)(Lockamy, Michael) Motions referred to Magistrate Judge James R. Klindt.
August 29, 2017 Filing 590 MOTION to Compel Alcon to Produce Electronically Stored Information from One Additional Custodian by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Declaration of Nathaniel C. Giddings, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration, #5 Exhibit 4 to Declaration, #6 Exhibit 5 to Declaration, #7 Exhibit 6 to Declaration, #8 Exhibit 7 to Declaration, #9 Exhibit 8 to Declaration, #10 Exhibit 9 to Declaration, #11 Exhibit 10 to Declaration, #12 Exhibit 11 to Declaration, #13 Exhibit 12 to Declaration, #14 Exhibit 13 to Declaration)(Lockamy, Michael) Motions referred to Magistrate Judge James R. Klindt.
August 28, 2017 Filing 589 NOTICE of intent to request redaction by Nathaniel C Giddings re 581 Transcript (Giddings, Nathaniel)
August 28, 2017 Filing 588 REVISED MOTION to seal Second Motion to Compel re JJVC's Privilege Logs by All Plaintiffs. (Weiler, Matthew) Modified on 8/31/2017 to edit text per Chambers(TSW).
August 25, 2017 Filing 587 SECOND MOTION to Compel Production of Withheld Documents and In Camera Review by All Plaintiffs. (Attachments: #1 Affidavit Declaration of Matthew S. Weiler, #2 Exhibit Ex. A to Weiler Decl., #3 Exhibit Ex. 1 to Weiler Decl., #4 Exhibit Ex. 2 to Weiler Decl., #5 Exhibit Ex. 3 to Weiler Decl., #6 Exhibit Ex. 4 to Weiler Decl., #7 Exhibit Ex. 5 to Weiler Decl., #8 Exhibit Ex. 6 to Weiler Decl., #9 Exhibit Ex. 7 to Weiler Decl., #10 Exhibit Ex. 8 to Weiler Decl., #11 Exhibit Ex. 9 to Weiler Decl., #12 Exhibit Ex. 10 to Weiler Decl., #13 Exhibit Ex. 11 to Weiler Decl., #14 Exhibit Ex. 12 to Weiler Decl., #15 Exhibit Ex. 13 to Weiler Decl., #16 Exhibit Ex. 14 to Weiler Decl., #17 Exhibit Ex. 15 to Weiler Decl., #18 Exhibit Ex. 16 to Weiler Decl., #19 Exhibit Ex. 17 to Weiler Decl., #20 Exhibit Ex. 18 to Weiler Decl.)(Weiler, Matthew) Motions referred to Magistrate Judge James R. Klindt. Modified on 9/26/2017 to edit text(TSW).
August 25, 2017 Filing 586 MOTION for leave to file under seal Second Motion to Compel re JJVC's Privilege Logs by All Plaintiffs. (Weiler, Matthew)
August 22, 2017 Filing 585 NOTICE of Emily C. Aldridge's Appearance by Lesley Elizabeth Weaver on behalf of In Re: Disposable Contact Lens Antitrust Litigation (Weaver, Lesley)
August 22, 2017 Opinion or Order Filing 584 ORDER granting in part and denying without prejudice in part #568 Plaintiffs' Motion to Amend Deposition Deadlines in the Case Management and Scheduling Order. See Order for details. Signed by Magistrate Judge James R. Klindt on 8/22/2017. (KAW)
August 22, 2017 Opinion or Order Filing 583 ORDER memorializing deadlines set during 8/17/2017 telephonic discovery status conference. With respect to item 3 set forth in #579 Notice, Plaintiffs have up to and including 8/29/2017 to move the Court for relief regarding Defendant Alcon; responses to any motions due 9/12/2017; replies due 9/19/2017; optional sur-replies due 9/26/2017. Plaintiffs have up to and including 8/25/2017 to move the Court for any relief regarding Defendant JJVC; responses are due 9/6/2017. Signed by Magistrate Judge James R. Klindt on 8/22/2017. (KAW)
August 21, 2017 Filing 582 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. cindyrprfcrr@gmail.com (CLP)
August 21, 2017 Filing 581 TRANSCRIPT of Telephonic Discovery Status Hearing held on 8-17-17 before Judge James R. Klindt. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 904-301-6843; cindyrprfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 9/11/2017, Redacted Transcript Deadline set for 9/21/2017, Release of Transcript Restriction set for 11/20/2017. (CLP) Modified on 11/29/2017 PDF removed and filed under seal per Order, Doc. #704(LRB).
August 17, 2017 Filing 580 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Discovery Status Hearing held on 8/17/2017. (DIGITAL) (MDC)
August 16, 2017 Filing 579 NOTICE by In Re: Disposable Contact Lens Antitrust Litigation Notice of Agenda for August 17, 2017 Conference (Weaver, Lesley)
August 16, 2017 Filing 578 NOTICE of Matthew S. Weiler's Appearance by Lesley Elizabeth Weaver on behalf of In Re: Disposable Contact Lens Antitrust Litigation (Weaver, Lesley)
August 15, 2017 Opinion or Order Filing 577 ORDER granting #502 Motion To Set Evidentiary Hearing on Plaintiffs' Motion for Class Certification and on Defendants' Daubert Motions; granting #567 Motion for Leave to File Reply Brief in Support of Motion for Class Certification; The evidentiary hearing will be set at a later date; SEE ORDER FOR FURTHER DETAILS AND INSTRUCTIONS. Signed by Senior Judge Harvey E. Schlesinger on 8/14/2017. (MGG)
August 11, 2017 Opinion or Order Filing 576 ORDER granting #572 Defendant Alcon Laboratories, Inc.'s Unopposed Motion for Withdrawal of Counsel; Thomas B. Mayhew is permitted to withdraw as counsel of record for Defendant Alcon Laboratories, Inc. Signed by Magistrate Judge James R. Klindt on 8/11/2017. (KAW)
August 10, 2017 Filing 575 DECLARATION of Jonathan H. Hatch re #574 Response to motion by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
August 10, 2017 Filing 574 RESPONSE to Motion re #568 MOTION for Extension of Time to Complete Discovery Plaintiffs' Motion to Amend Deposition Deadlines in the Case Management and Scheduling Order filed by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Coopervision, Inc., Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
August 10, 2017 Filing 573 NOTICE OF RESCHEDULING HEARING: The Oral Argument on Motion(s) for Summary Judgment hearing previously scheduled for March 14, 2018 at 9:30 AM is rescheduled. New scheduling date and time: Oral Argument Hearing reset for 4/4/2018 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. (MGG)
August 10, 2017 Filing 572 Unopposed MOTION for Thomas B. Mayhew to withdraw as attorney ("Defendant Alcon Laboratories, Inc.'s Unopposed Motion For Withdrawal Of Counsel") by Alcon Laboratories, Inc.. (Marriott, David) Motions referred to Magistrate Judge James R. Klindt.
August 4, 2017 Filing 571 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson Notice Regarding Forthcoming Motion Practice (Giddings, Nathaniel)
August 3, 2017 Filing 570 RESPONSE to Motion re #567 MOTION for leave to file Reply Brief in Support of Motion for Class Certification filed by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Coopervision, Inc., Johnson & Johnson Vision Care, Inc.. (Horovitz, Samuel)
July 27, 2017 Filing 569 DECLARATION of Nathaniel C. Giddings re #568 MOTION for Extension of Time to Complete Discovery Plaintiffs' Motion to Amend Deposition Deadlines in the Case Management and Scheduling Order by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A)(Giddings, Nathaniel)
July 27, 2017 Filing 568 MOTION for Extension of Time to Complete Discovery Plaintiffs' Motion to Amend Deposition Deadlines in the Case Management and Scheduling Order by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel) Motions referred to Magistrate Judge James R. Klindt.
July 26, 2017 Filing 567 MOTION for leave to file Reply Brief in Support of Motion for Class Certification by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A)(DeVault, John)
July 18, 2017 Filing 566 NOTICE regarding matters set forth in #526 Order entered June 26, 2017: With no motions having been filed regarding ECP sales call notes from Defendants Alcon, Bausch & Lomb, or Johnson & Johnson Vision Care, Inc., the telephonic oral argument previously scheduled for 8/3/2017 at 11:00 a.m. before Judge James R. Klindt is CANCELLED. (KAW)
July 18, 2017 Opinion or Order Filing 565 ORDER denying as moot #460 & S-468 Plaintiffs' Motion to Compel Defendant CooperVision, Inc. to Produce Sales Call Notes. Signed by Magistrate Judge James R. Klindt on 7/18/2017. (KAW)
July 18, 2017 Opinion or Order Filing 564 ORDER granting #557 Motion for Issuance of Letter of Request. Signed by Magistrate Judge James R. Klindt on 7/18/2017. (Attachments: #1 Exhibit A - Letter) (KAW)
July 17, 2017 Filing 563 NOTICE by Coopervision, Inc. Regarding CooperVision's Privilege Log (Tanner, Michael)
July 17, 2017 Filing 562 NOTICE by Coopervision, Inc. re #460 MOTION to Compel Defendant Coopervision To Produce Sales Call Notes (Tanner, Michael)
July 17, 2017 Sealed Document S-561. (TSW)
July 17, 2017 Sealed Document S-560. (TSW)
July 17, 2017 Sealed Document S-559. (TSW)
July 17, 2017 Sealed Document S-558. (TSW)
July 14, 2017 Filing 557 Unopposed MOTION for Issuance of Letters Rogatory by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Letter of Request)(Giddings, Nathaniel)
July 14, 2017 Opinion or Order Filing 556 ORDER granting #552 Unopposed Motion for Leave to Seal and File in Paper Format; Plaintiffs to provide documents to the Clerk, who shall file them under seal. Signed by Magistrate Judge James R. Klindt on 7/14/2017. (KAW)
July 11, 2017 Filing 555 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shelli Kozachenko. (SMK)
July 11, 2017 Filing 554 TRANSCRIPT of Digitally Recorded Motion Hearing held on 7/7/17 before Judge James R. Klindt. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 8/1/2017, Redacted Transcript Deadline set for 8/11/2017, Release of Transcript Restriction set for 10/10/2017. (SMK)
July 11, 2017 Filing 553 TRANSCRIPT of Digitally Recorded Telephonic Discovery Status Hearing held on 7/6/17 before Judge James R. Klindt. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 8/1/2017, Redacted Transcript Deadline set for 8/11/2017, Release of Transcript Restriction set for 10/10/2017. (SMK)
July 10, 2017 Filing 552 Unopposed MOTION for leave to file under seal by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
July 10, 2017 Filing 551 DECLARATION of Michael E. Lockamy re #549 Response in Opposition to Motion, #548 Response in Opposition to Motion by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Lockamy, Michael)
July 10, 2017 Filing 550 DECLARATION of Michael A. Williams, Ph.D. re #548 Response in Opposition to Motion by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
July 10, 2017 Filing 549 RESPONSE in Opposition re #500 MOTION to Strike #397 Declaration of Dr. John L. Solow filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
July 10, 2017 Filing 548 RESPONSE in Opposition re #503 MOTION to Strike #398 Declaration Dr. Michael A. Williams filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Lockamy, Michael)
July 7, 2017 Filing 547 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: ORAL ARGUMENT held on 7/7/2017 re #460 and [S-468] Plaintiffs' Motion to Compel Defendant CooperVision to Produce Sales Call Notes. (DIGITAL) (MDC)
July 7, 2017 Filing 546 NOTICE SETTING REGULAR TELEPHONIC DISCOVERY STATUS CONFERENCES: Telephonic discovery status conferences are set before Magistrate Judge James R. Klindt on the following dates: 08/17/2017 at 2:00 PM; 09/14/2017 at 2:00 PM; 10/26/2017 at 2:00 PM; 11/30/2017 at 2:00 PM; and 01/11/2018 at 2:00 PM. SEE NOTICE FOR CALL IN INSTRUCTIONS. (KAW)
July 6, 2017 Filing 545 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Discovery Status Hearing held on 7/6/2017. Joint notice regarding CooperVision, Inc.'s Privilege Log due no later than 7/17/2017. (DIGITAL) (MDC)
July 5, 2017 Filing 544 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson Regarding July 6, 2017 Conference (Desai, Mili)
July 5, 2017 Opinion or Order Filing 543 ORDER granting #512 Plaintiffs' Motion to Compel Defendant Alcon Laboratories, Inc., to Produce Certain Videos; Defendant to search for and produce the videos no later than 8/1/2017. Signed by Magistrate Judge James R. Klindt on 7/5/2017. (KAW)
June 30, 2017 Filing 542 MEMORANDUM in opposition re #512 Motion to Compel filed by Alcon Laboratories, Inc.. (Marriott, David)
June 30, 2017 Filing 539 NOTICE of Alexandra Caritis Appearance by Dennis Parker Waggoner on behalf of ABB Optical Group (Waggoner, Dennis)
June 28, 2017 Sealed Document S-541. (TSW)
June 28, 2017 Sealed Document S-540. (TSW)
June 28, 2017 Sealed Document S-538. (TSW)
June 28, 2017 Sealed Document S-537. (TSW)
June 28, 2017 Sealed Document S-536. (TSW)
June 28, 2017 Sealed Document S-535. (TSW)
June 28, 2017 Sealed Document S-534. (TSW)
June 28, 2017 Sealed Document S-533. (TSW)
June 28, 2017 Sealed Document S-532. (TSW)
June 28, 2017 Sealed Document S-531. (TSW)
June 28, 2017 Filing 530 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RDR, CRR; dsmabishop@yahoo.com; (904)549-1307. (SB)
June 28, 2017 Filing 529 TRANSCRIPT of Digitally Recorded Telephonic Motion Hearing held on June 9, 2017 before Judge James R. Klindt. Court Reporter/Transcriber Shannon M. Bishop, RDR, CRR; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 7/19/2017, Redacted Transcript Deadline set for 7/31/2017, Release of Transcript Restriction set for 9/26/2017. (SB)
June 28, 2017 Opinion or Order Filing 528 ORDER granting #518 Plaintiffs' Unopposed Motion and Memorandum of Law to Extend the Deadline to Respond to Defendants' Daubert Motions; responses to #500 and #503 Daubert motions due by 7/10/2017. Signed by Magistrate Judge James R. Klindt on 6/28/2017. (KAW)
June 28, 2017 Opinion or Order Filing 527 ORDER granting #511 Defendants' Amended Unopposed Omnibus Motion to Seal Under Local Rule 1.09(a) and (b); Defendants to provide documents to Clerk, who shall file them under seal. Signed by Magistrate Judge James R. Klindt on 6/28/2017. (KAW)
June 26, 2017 Opinion or Order Filing 526 ORDER regarding #525 Joint Notice re: ECP Sales Call Notes. Any motion(s) due 7/12/2017; response(s) to any motion(s) due 7/28/2017; if any motion(s) filed, telephonic oral argument is set for 8/3/2017 at 11:00 AM before Magistrate Judge James R. Klindt (hearing to automatically cancel if Plaintiffs do not file any motions). SEE ORDER FOR DETAILS/CALLING INSTRUCTIONS. Signed by Magistrate Judge James R. Klindt on 6/26/2017. (KAW)
June 23, 2017 Filing 525 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson Joint Notice Regarding ECP Sales Call Notes (Desai, Mili)
June 23, 2017 Sealed Document. S-524. (AEJ)
June 23, 2017 Sealed Document. S-523. (AEJ)
June 23, 2017 Sealed Document. S-522. (AEJ)
June 23, 2017 Sealed Document. S-521 (AEJ)
June 22, 2017 Opinion or Order Filing 520 ORDER granting #514 Plaintiffs' Unopposed Motion for Leave to Seal and to File in Paper Format (1) Plaintiffs' Motion to Compel Defendant Alcon Laboratories, Inc., to Produce Certain Videos; and (2) Exhibits B, C, and D to the Declaration of Daniel C. Hedlund in Support of Plaintiffs' Motion to Compel Defendant Alcon Laboratories, Inc. to Produce Certain Videos; Plaintiffs to provide documents to Clerk, who shall file them under seal. Signed by Magistrate Judge James R. Klindt on 6/22/2017. (KAW)
June 22, 2017 Opinion or Order Filing 519 ORDER granting #488 Plaintiffs' Unopposed Motion for Leave to Seal and to File in Paper Format (1) Reply in Support of Plaintiffs' Motion to Compel Defendant CooperVision to Produce Sales Call Notes (2) Reply Declaration of Peggy Wedgworth in Further Support of Plaintiffs' Motion to Compel Defendant CooperVision to Produce Sales Call Notes; and (3) Exhibits A, B and C Thereto; granting #515 CooperVision, Inc.'s Unopposed Motion to Seal Under Local Rule 1.09(a); parties to provide documents to Clerk, who shall file them under seal. Signed by Magistrate Judge James R. Klindt on 6/22/2017. (KAW)
June 20, 2017 Filing 518 Unopposed MOTION for Extension of Time to File Response/Reply as to #500 MOTION to Strike #397 Declaration of Dr. John L. Solow, #503 MOTION to Strike #398 Declaration Dr. Michael A. Williams by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel) Motions referred to Magistrate Judge James R. Klindt.
June 17, 2017 Filing 517 RESPONSE to Motion re #502 MOTION for miscellaneous relief, specifically To Set Evidentiary Hearing on Plaintiffs' Motion for Class Certification and on Defendants' Daubert Motions Plaintiffs' Response to Defendants' Motion to Set Evidentiary Hearing on Plaintiffs' Motion for Class Certification and on Defendants' Daubert Motions filed by In Re: Disposable Contact Lens Antitrust Litigation. (Gilbert, Robert)
June 16, 2017 Filing 516 REPLY to Response to Motion re #460 MOTION to Compel Defendant Coopervision To Produce Sales Call Notes filed by Coopervision, Inc.. (Bishop, Thomas)
June 16, 2017 Filing 515 Unopposed MOTION for leave to file under seal Under Local Rule 1.09(a) by Coopervision, Inc.. (Bishop, Thomas)
June 16, 2017 Filing 514 Unopposed MOTION for leave to file under seal by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
June 16, 2017 Filing 513 DECLARATION of Daniel C. Hedlund re #512 MOTION to Compel Alcon Laboratories, Inc. to produce certain videos by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(DeVault, John)
June 16, 2017 Filing 512 MOTION to Compel Alcon Laboratories, Inc. to produce certain videos by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John) Motions referred to Magistrate Judge James R. Klindt.
June 16, 2017 Filing 511 Amended Unopposed Omnibus MOTION to seal under Local Rule 1.09(a) and (b) by ABB Optical Group, Alcon Laboratories, Inc., Bausch Lomb, Coopervision, Inc., Johnson & Johnson Vision Care Inc. (Waggoner, Dennis) Modified text on 6/19/2017. (AEJ)
June 16, 2017 Filing 510 DECLARATION of Samuel J. Horovitz re #505 Response in Opposition to Motion by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41)(Horovitz, Samuel)
June 15, 2017 Filing 509 DECLARATION of Pierre-Yves Cremieux, Ph.D. re #505 Response in Opposition to Motion by Coopervision, Inc.. (Tanner, Michael)
June 15, 2017 Filing 508 DECLARATION of Taketo Miura re #505 Response in Opposition to Motion by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Smith, Robert)
June 15, 2017 Filing 507 DECLARATION of Edward A. Snyder, Ph.D. re #505 Response in Opposition to Motion by Coopervision, Inc.. (Tanner, Michael)
June 15, 2017 Filing 506 DECLARATION of Simon Seshadri re #505 Response in Opposition to Motion by Coopervision, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Tanner, Michael)
June 15, 2017 Filing 505 RESPONSE in Opposition re #396 MOTION to Certify Class and Supporting Memorandum of Law (Redacted) filed by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Inc., Coopervision, Inc., Johnson & Johnson Vision Care, Inc.. (Horovitz, Samuel)
June 15, 2017 Filing 504 DECLARATION of Christopher S. Yates re #503 MOTION to Strike #398 Declaration Dr. Michael A. Williams by Coopervision, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Bishop, Thomas)
June 15, 2017 Filing 503 MOTION to Strike #398 Declaration Dr. Michael A. Williams by Coopervision, Inc.. (Bishop, Thomas) Motions referred to Magistrate Judge James R. Klindt.
June 15, 2017 Filing 502 MOTION for miscellaneous relief, specifically To Set Evidentiary Hearing on Plaintiffs' Motion for Class Certification and on Defendants' Daubert Motions by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Inc., Coopervision, Inc., Johnson & Johnson Vision Care, Inc.. (Horovitz, Samuel)
June 15, 2017 Filing 501 DECLARATION of J. Taylor Kirklin re #500 MOTION to Strike #397 Declaration of Dr. John L. Solow by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Smith, Robert)
June 15, 2017 Filing 500 MOTION to Strike #397 Declaration of Dr. John L. Solow by Johnson & Johnson Vision Care, Inc.. (Smith, Robert) Motions referred to Magistrate Judge James R. Klindt.
June 15, 2017 Filing 499 Unopposed MOTION for leave to file under seal by ABB Concise Optical Group, LLC, Alcon Laboratories, Inc., Bausch & Lomb, Inc., Coopervision, Inc., Johnson & Johnson Vision Care Inc.. (Waggoner, Dennis)
June 14, 2017 Opinion or Order Filing 498 ORDER directing Johnson & Johnson Vision Care, Inc. to further revise its privilege logs no later than 7/4/2017; denying without prejudice #420 & S-434 Plaintiffs' Motion to Compel Defendant Johnson & Johnson Vision Care, Inc. to Produce Documents Improperly Withheld on Privilege Grounds or, in the Alternative, for In Camera Review by the Court. Signed by Magistrate Judge James R. Klindt on 6/14/2017. (KAW)
June 14, 2017 Opinion or Order Filing 497 ORDER granting #495 MOTION for Leave to File Excess Pages for Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification; SEE ORDER FOR FURTHER DETAILS AND INSTRUCTIONS. Signed by Senior Judge Harvey E. Schlesinger on 6/14/2017. (MGG)
June 13, 2017 Filing 496 RESPONSE to Motion re #495 MOTION for Leave to File Excess Pages for Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification Plaintiffs' Response to Defendants' Motion to Enlarge Page Limitation for Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification filed by In Re: Disposable Contact Lens Antitrust Litigation. (Gilbert, Robert)
June 12, 2017 Filing 495 MOTION for Leave to File Excess Pages for Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Inc., Coopervision, Inc., Johnson & Johnson Vision Care, Inc.. (Horovitz, Samuel)
June 12, 2017 Filing 494 NOTICE of telephonic oral argument on #460 and S-468: Plaintiffs' Motion to Compel Defendant CooperVision to Produce Sales Call Notes. Telephonic oral argument set for 7/7/2017 at 02:00 PM before Magistrate Judge James R. Klindt. See Notice for call in instructions. (KAW)
June 12, 2017 Opinion or Order Filing 493 ORDER directing the Clerk to reactivate and file in the miscellaneous case (3:17-mc-16-J-20JRK) as of today's date certain filings related to the enforcement of the subpoena on Dr. Glazier; all further filings related to the Dr. Glazier subpoena to be filed in the miscellaneous case (3:17-mc-16-J-20JRK); Dr. Glazier, through counsel, shall have up to and including 6/21/2017 to file a supplemental brief (not to exceed 20 pages); Plaintiffs shall have up to and including 7/6/2017 to file a responsive brief (not to exceed 20 pages); the Court waives the pro hac vice requirement for the miscellaneous case. Signed by Magistrate Judge James R. Klindt on 6/12/2017. (KAW)
June 9, 2017 Filing 492 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: TELEPHONIC HEARING re: #420; [S-434] Plaintiffs' Motion to Compel Defendant Johnson & Johnson Vision Care, Inc. to Produce Documents Improperly Withheld on Privilege Grounds, or in the Alternative, for In Camera Review by the Court held on 6/9/2017. (DIGITAL) (MDC)
June 9, 2017 Filing 491 DECLARATION of PEGGY WEDGWORTH re #489 Reply to Response to Motion by Melodie Alley, Jaquatta Becoats, Rachel Berg, Christopher Bessette, Robin Blackenship, Misty Bolen-Carson, Tyler Brandafino, Juliana Brodsky, Laura Brooksbank, Joanne Buckley, Beneta D. Burt, Heather Butcher, Frances Cameron, Matthew J. Cardamone, Madeline Carey, Rhonda Carter, Sergio Castillo, Clemente Cesare, Brian Cohen, Madeleine Collins, Costco Wholesale Corporation, Jennifer Cristiano, Jennifer L. Crose, Amanda Cunha, Amber Davis, Marilyn Marlene Dedivanaj, Debra Denton, Erin Depperschmidt, Morgan Devlin, Willie Dillon, Judy Dillon, Catherine Dingle, Racquel Dizon-Ikei, Joseline Dotel, Stephanie Dreyer, Delia Druley, Julie Ewald, Joe Felson, Suneeta D Fernandes, Jacqueline Gaston, Mistelle Gilbert, Gloria Goldblatt, Bernadette Goodfellow, Susan G Gordon, Tracy L. Gray, Amy Greenspan, Mallory L. Grossman, Matt Gustafson, Brent Halversen, Jane Hart Hargett, Ginger Hatridge, Amanda Heidel, Diego Hernandez, Benjamin W. Hewitt, Judy Hirsch, Dawn Homan, Joanne Hopf, Kyle Hueser, Stacie Ikei, Alexis Ito, Kaysha Izumoto, Marlene Jacobus, Jan Johnson, Nicholas Keaveny, Nick Kehaya, Gaurav Khanna, Stephanie Kirkland, Lynne Lagarde, Tyler Lambert, Ashley Lanzarotti, Marn Larsen-Ball, Andee Leeds, Georgina Lepe, Dan Leyva, Krysta Loera, Amy Lubin, Kari Lucas, Jeanne M. Lyles, ALLISON MALDONADO, STEPHEN MANGUM, Kathryn E Mabry, John Machikawa, Gordon Mah, Sheryl Marean, Kimberly Martin, Pamela Mazzarella, Christian Miller, Rachel Miller, Tina Miranda, Monique Moore, Andrew Morales, David L. Morse, Kevin Moy, Megan Neforos, Tamara O'Brien, Caitlin O'Neill, HAZEL PACHECO, Luis Padilla, Miriam Pardoll, Marcia Parker, Monica Pasek, Monika Paske, Gabrielle Pavelko, Serge Pentsak, Dusty Price, Courtney Riley, Jeffrey Robb, Rachel Rondy-Geocaris, Jim Ronecker, Brooke Salisbury, Kathleen Schirf, Kim Seller, James Sendzik, Mary K. Shields, Melissa Silverman, Jennifer Sineni, Cora Beth Smith, Cregan Smith, Sidney Steen, Jessika Stetler, Luanne Strickland, Erika Targum, Rachel Taylor, Christine Teti, Dana Travis, Elyse Ulino, Brett Watson, Sally Weinstein, John Weissman, Danyelle D. Westphal, Stacia Winfield, BARBARA ZAMORA-VALDES, Jon Zeman. (Wedgworth, Peggy)
June 9, 2017 Filing 490 DECLARATION of VIVIAN M. ENCK re #489 Reply to Response to Motion by Melodie Alley, Jaquatta Becoats, Rachel Berg, Christopher Bessette, Robin Blackenship, Misty Bolen-Carson, Tyler Brandafino, Juliana Brodsky, Laura Brooksbank, Joanne Buckley, Beneta D. Burt, Heather Butcher, Frances Cameron, Matthew J. Cardamone, Madeline Carey, Rhonda Carter, Sergio Castillo, Clemente Cesare, Brian Cohen, Madeleine Collins, Costco Wholesale Corporation, Jennifer Cristiano, Jennifer L. Crose, Amanda Cunha, Amber Davis, Marilyn Marlene Dedivanaj, Debra Denton, Erin Depperschmidt, Morgan Devlin, Willie Dillon, Judy Dillon, Catherine Dingle, Racquel Dizon-Ikei, Joseline Dotel, Stephanie Dreyer, Delia Druley, Julie Ewald, Joe Felson, Suneeta D Fernandes, Jacqueline Gaston, Mistelle Gilbert, Gloria Goldblatt, Bernadette Goodfellow, Susan G Gordon, Tracy L. Gray, Amy Greenspan, Mallory L. Grossman, Matt Gustafson, Brent Halversen, Jane Hart Hargett, Ginger Hatridge, Amanda Heidel, Diego Hernandez, Benjamin W. Hewitt, Judy Hirsch, Dawn Homan, Joanne Hopf, Kyle Hueser, Stacie Ikei, Alexis Ito, Kaysha Izumoto, Marlene Jacobus, Jan Johnson, Nicholas Keaveny, Nick Kehaya, Gaurav Khanna, Stephanie Kirkland, Lynne Lagarde, Tyler Lambert, Ashley Lanzarotti, Marn Larsen-Ball, Andee Leeds, Georgina Lepe, Dan Leyva, Krysta Loera, Amy Lubin, Kari Lucas, Jeanne M. Lyles, ALLISON MALDONADO, STEPHEN MANGUM, Kathryn E Mabry, John Machikawa, Gordon Mah, Sheryl Marean, Kimberly Martin, Pamela Mazzarella, Christian Miller, Rachel Miller, Tina Miranda, Monique Moore, Andrew Morales, David L. Morse, Kevin Moy, Megan Neforos, Tamara O'Brien, Caitlin O'Neill, HAZEL PACHECO, Luis Padilla, Miriam Pardoll, Marcia Parker, Monica Pasek, Monika Paske, Gabrielle Pavelko, Serge Pentsak, Dusty Price, Courtney Riley, Jeffrey Robb, Rachel Rondy-Geocaris, Jim Ronecker, Brooke Salisbury, Kathleen Schirf, Kim Seller, James Sendzik, Mary K. Shields, Melissa Silverman, Jennifer Sineni, Cora Beth Smith, Cregan Smith, Sidney Steen, Jessika Stetler, Luanne Strickland, Erika Targum, Rachel Taylor, Christine Teti, Dana Travis, Elyse Ulino, Brett Watson, Sally Weinstein, John Weissman, Danyelle D. Westphal, Stacia Winfield, BARBARA ZAMORA-VALDES, Jon Zeman. (Wedgworth, Peggy)
June 9, 2017 Filing 489 REPLY to Response to Motion re #460 MOTION to Compel Defendant Coopervision To Produce Sales Call Notes filed by Melodie Alley, Jaquatta Becoats, Rachel Berg, Christopher Bessette, Robin Blackenship, Misty Bolen-Carson, Tyler Brandafino, Juliana Brodsky, Laura Brooksbank, Joanne Buckley, Beneta D. Burt, Heather Butcher, Frances Cameron, Matthew J. Cardamone, Madeline Carey, Rhonda Carter, Sergio Castillo, Clemente Cesare, Brian Cohen, Madeleine Collins, Costco Wholesale Corporation, Jennifer Cristiano, Jennifer L. Crose, Amanda Cunha, Amber Davis, Marilyn Marlene Dedivanaj, Debra Denton, Erin Depperschmidt, Morgan Devlin, Willie Dillon, Judy Dillon, Catherine Dingle, Racquel Dizon-Ikei, Joseline Dotel, Stephanie Dreyer, Delia Druley, Julie Ewald, Joe Felson, Suneeta D Fernandes, Jacqueline Gaston, Mistelle Gilbert, Gloria Goldblatt, Bernadette Goodfellow, Susan G Gordon, Tracy L. Gray, Amy Greenspan, Mallory L. Grossman, Matt Gustafson, Brent Halversen, Jane Hart Hargett, Ginger Hatridge, Amanda Heidel, Diego Hernandez, Benjamin W. Hewitt, Judy Hirsch, Dawn Homan, Joanne Hopf, Kyle Hueser, Stacie Ikei, Alexis Ito, Kaysha Izumoto, Marlene Jacobus, Jan Johnson, Nicholas Keaveny, Nick Kehaya, Gaurav Khanna, Stephanie Kirkland, Lynne Lagarde, Tyler Lambert, Ashley Lanzarotti, Marn Larsen-Ball, Andee Leeds, Georgina Lepe, Dan Leyva, Krysta Loera, Amy Lubin, Kari Lucas, Jeanne M. Lyles, ALLISON MALDONADO, STEPHEN MANGUM, Kathryn E Mabry, John Machikawa, Gordon Mah, Sheryl Marean, Kimberly Martin, Pamela Mazzarella, Christian Miller, Rachel Miller, Tina Miranda, Monique Moore, Andrew Morales, David L. Morse, Kevin Moy, Megan Neforos, Tamara O'Brien, Caitlin O'Neill, HAZEL PACHECO, Luis Padilla, Miriam Pardoll, Marcia Parker, Monica Pasek, Monika Paske, Gabrielle Pavelko, Serge Pentsak, Dusty Price, Courtney Riley, Jeffrey Robb, Rachel Rondy-Geocaris, Jim Ronecker, Brooke Salisbury, Kathleen Schirf, Kim Seller, James Sendzik, Mary K. Shields, Melissa Silverman, Jennifer Sineni, Cora Beth Smith, Cregan Smith, Sidney Steen, Jessika Stetler, Luanne Strickland, Erika Targum, Rachel Taylor, Christine Teti, Dana Travis, Elyse Ulino, Brett Watson, Sally Weinstein, John Weissman, Danyelle D. Westphal, Stacia Winfield, BARBARA ZAMORA-VALDES, Jon Zeman. (Wedgworth, Peggy)
June 9, 2017 Filing 488 Unopposed MOTION for leave to file under seal and to File in Paper Format by All Plaintiffs. (Wedgworth, Peggy)
June 8, 2017 Filing 487 JOINT NOTICE Regarding Dates for Oral Argument on Plaintiffs' #460Motion to Compel Defendant Coopervision to Produce Sales Call Notes by Coopervision, Inc. pursuant to #481 Order Setting Hearing on Motion (Tanner, Michael) Modified text on 6/9/2017. (AEJ)
June 8, 2017 Sealed Document S-485, S-486. (TSW)
June 7, 2017 Filing 484 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: TELEPHONIC STATUS HEARING held on 6/7/2017. (DIGITAL) (MDC)
June 7, 2017 Opinion or Order Filing 483 ORDER granting #475 CooperVision, Inc.'s Unopposed Motion to Seal Under Local Rule 1.09(a); CooperVision to provide appropriate documents to the Clerk, who shall file them under seal. Signed by Magistrate Judge James R. Klindt on 6/7/2017. (KAW)
June 2, 2017 Filing 482 NOTICE of telephonic status hearing regarding Plaintiffs' efforts to enforce the subpoena on Dr. Alan Glazier (3:17-mc-16-J-34JRK): telephonic status hearing set for 6/7/2017 at 11:00 AM before Magistrate Judge James R. Klindt. See Notice for call in instructions. Counsel for Plaintiffs shall serve a copy of the Notice on Dr. Glazier via email as soon as practicable. (KAW)
June 1, 2017 Opinion or Order Filing 481 ORDER memorializing rulings from 6/1/2017 telephonic status hearing. Telephonic oral argument set for 6/9/2017 at 11:00 AM before Magistrate Judge James R. Klindt on #420 Plaintiffs' Motion to Compel Defendant Johnson & Johnson Vision Care, Inc. to Produce Documents Improperly Withheld on Privilege Grounds or, in the Alternative, for In Camera Review by the Court. Plaintiff and Defendant CooperVision to file joint list of proposed oral argument dates by 6/8/2017 regarding #460 Motion to Compel Defendant CooperVision to Produce Sales Call Notes, and reply and sur-reply (not to exceed ten pages each) regarding this motion are due 6/9/2017 and 6/16/2017 respectively. Any motion by Plaintiffs regarding items 3 and 4 set forth in #479 Notice due 6/14/2017 and CooperVision's response to any motion due 6/30/2017. Regarding item 5 set forth in #479 Notice, Plaintiffs and Manufacturer Defendants have until 6/23/2017 to file joint notice. Regarding item 6 set forth in #479 Notice, Plaintiffs have until 6/16/2017 to file a motion and Defendant Alcon Laboratories, Inc. shall respond to any motion by 6/30/2017. Signed by Magistrate Judge James R. Klindt on 6/1/2017. (KAW)
June 1, 2017 Filing 480 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Discovery Status Hearing held on 6/1/2017. (DIGITAL) (MDC)
May 31, 2017 Filing 479 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson Regarding June 1, 2017 Telephonic Status Conference (Giddings, Nathaniel)
May 31, 2017 Filing 478 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson Notice of Filing Motion for Transfer of Related Case (Attachments: #1 Exhibit A (Motion to Transfer))(Gilbert, Robert)
May 30, 2017 Opinion or Order Filing 477 ORDER granting #471 Joint MOTION to extend time to Respond to Plaintiffs' Motion for Class Certification and Supporting Expert Reports; Responses due 6/15/17. Signed by Senior Judge Harvey E. Schlesinger on 5/30/2017. (MGG)
May 26, 2017 Filing 476 REQUEST for oral argument re #472 Response to motion to Compel CooperVision to Produce Sales Call Notes by Coopervision, Inc.. (Bishop, Thomas)
May 26, 2017 Filing 475 Unopposed MOTION for leave to file under seal by Coopervision, Inc.. (Bishop, Thomas)
May 26, 2017 Filing 474 DECLARATION of Christopher S. Yates re #472 Response to motion by Coopervision, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bishop, Thomas)
May 26, 2017 Filing 473 DECLARATION of Clay Arnold re #472 Response to motion by Coopervision, Inc.. (Bishop, Thomas)
May 26, 2017 Filing 472 RESPONSE to Motion re #460 MOTION to Compel Defendant Coopervision To Produce Sales Call Notes filed by Coopervision, Inc.. (Bishop, Thomas)
May 23, 2017 Filing 471 Joint MOTION to extend time to Respond to Plaintiffs' Motion for Class Certification and Supporting Expert Reports by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
May 19, 2017 Filing 470 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shelli Kozachenko, shellikoz@gmail.com. (SMK)
May 19, 2017 Filing 469 TRANSCRIPT of Digitally Recorded Motion Hearing held on 5/17/17 before Judge James R. Klindt. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842, email shellikoz@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 6/9/2017, Redacted Transcript Deadline set for 6/19/2017, Release of Transcript Restriction set for 8/17/2017. (SMK)
May 18, 2017 Sealed Document S-468. (TSW)
May 17, 2017 Opinion or Order Filing 467 ORDER granting #462 Plaintiffs' Motion for Leave to Seal and to File in Paper Format (1) Plaintiffs' Motion to Compel Defendant CooperVision to Produce Sales Call Notes; and (2) Exhibits A and C to the Supporting Declaration of Peggy Wedgworth; Plaintiffs to provide documents to Clerk to be filed under seal. Signed by Magistrate Judge James R. Klindt on 5/17/2017. (KAW)
May 17, 2017 Opinion or Order Filing 466 ORDER granting in part and denying in part #450 Plaintiffs' Motion for Protective Order; containing instructions regarding ECP depositions prior to 6/2/2017; as to depositions to occur after 6/2/2017, parties to confer in good faith; if the parties are unable to agree, a motion is due no later than 6/9/2017 and response(s) due 6/16/2017. See Order for details. Signed by Magistrate Judge James R. Klindt on 5/17/2017. (KAW)
May 17, 2017 Filing 465 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: TELEPHONIC HEARING re: #450 Plaintiffs' Motion for Protective Order. (DIGITAL) (MDC)
May 16, 2017 Filing 464 MEMORANDUM in opposition re #450 Motion for protective order filed by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Cooper Vision, Inc., Johnson & Johnson Vision Care Inc.. (Russell, Terrence)
May 15, 2017 Opinion or Order Filing 463 ORDER directing Clerk to terminate #454 Johnson & Johnson Vision Care, Inc.'s Unopposed Motion for Withdrawal of Counsel; see Endorsed Order, Doc. 14, in 3:17-mc-12-J-20MCR. Signed by Magistrate Judge James R. Klindt on 5/15/2017. (KAW)
May 12, 2017 Filing 462 MOTION for leave to file in Paper Format and Seal (1) Plaintiffs' Motion To Compel Defendant Coopervision To Produce Sales Call Notes; and (2) Exhibits A and C To The Supporting Declaration of Peggy Wedgworth by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Wedgworth, Peggy)
May 12, 2017 Filing 461 DECLARATION of Peggy Wedgworth re #460 MOTION to Compel Defendant Coopervision To Produce Sales Call Notes by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Wedgworth, Peggy)
May 12, 2017 Filing 460 MOTION to Compel Defendant Coopervision To Produce Sales Call Notes by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Wedgworth, Peggy) Motions referred to Magistrate Judge James R. Klindt. Modified on 7/18/2017 DENIED AS MOOT per Order #565 (TSW).
May 12, 2017 Opinion or Order Filing 459 ORDER directing Defendants to respond no later than 5:00 p.m. on 5/16/2017 to #450 Plaintiffs' Motion for Protective Order; setting telephonic hearing on motion for 5/17/2017 at 02:00 PM before Magistrate Judge James R. Klindt. See Order for details. Signed by Magistrate Judge James R. Klindt on 5/12/2017. (KAW)
May 12, 2017 Filing 458 NOTICE by STEPHEN MANGUM of Firm Name Change (Mogin, Daniel) Modified on 5/15/2017 contacted counsel in regards to using the complete case number on all pleadings(TSW).
May 12, 2017 Opinion or Order Filing 457 ORDER granting #448 Class Plaintiffs' Unopposed Motion for Withdrawal of Counsel. Michelle C. Zolnoski is permitted to withdraw as counsel of record for Class Plaintiffs. Class Plaintiffs will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 5/12/2017. (MDC)
May 11, 2017 Sealed Document S-455, S-456. (TSW)
May 11, 2017 Filing 454 Unopposed MOTION for Julie A. Ford to withdraw as attorney by Johnson & Johnson Vision Care, Inc.. (Smith, Robert) Motions referred to Magistrate Judge James R. Klindt.
May 11, 2017 Sealed Document S-452, S-453. (TSW)
May 10, 2017 Filing 451 DECLARATION of Nathaniel C. Giddings re #450 MOTION for protective order by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Giddings, Nathaniel)
May 10, 2017 Filing 450 MOTION for protective order by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel) Motions referred to Magistrate Judge James R. Klindt.
May 10, 2017 Opinion or Order Filing 449 ORDER granting #442 Plaintiffs' Motion for Leave to Seal and to File in Paper Format (1) Plaintiffs' Reply in Support of Plaintiffs' Motion to Compel Production of Documents Improperly Withheld for Privilege; (2) Declaration of Mili G. Desai in Support Thereof; and (3) Exhibits A, 1, 2 and 4-14 Thereto; granting #445 Defendant Johnson & Johnson Vision Care, Inc.'s Motion for Leave to File Under Seal; parties to provide documents to Clerk, who shall file them under seal. Signed by Magistrate Judge James R. Klindt on 5/10/2017. (KAW)
May 10, 2017 Filing 448 MOTION for Michelle Zolnoski to withdraw as attorney by All Plaintiffs. (Salzman, Hollis) Motions referred to Magistrate Judge James R. Klindt.
May 5, 2017 Filing 447 DECLARATION of Jonathan N. Hatch in Support of Johnson & Johnson Vision Care Inc.'s Sur-Reply in Further Opposition to Plaintiffs' Motion to Compel Privileged Documents re #446 Reply to Response to Motion by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Smith, Robert)
May 5, 2017 Filing 446 REPLY to Response to Motion re #420 MOTION to Compel Production of Documents Improperly Withheld on Privilege Grounds or, In the Alternative, for In Camera Review by the Court (Redacted) filed by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
May 5, 2017 Filing 445 MOTION for leave to file under seal and file in Paper Format portions of JJVCI's Sur-Reply to Plaintiffs' Motion to Compel Privileged Documents, and Exhibits A, B, C, D, E, F, and G to the Declaration of Jonathan H. Hatch in Support of Johnson & Johnson Vision Care Inc.'s Sur-Reply in Further Opposition to Plaintiffs' Motion to Compel Privileged Documents by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
May 3, 2017 Filing 444 NOTICE by Johnson & Johnson Vision Care, Inc. of Filing Motion for Transfer of Related Case (Attachments: #1 Exhibit A)(Smith, Robert)
April 28, 2017 Filing 443 DECLARATION of Mili G. Desai re #441 Reply to Response to Motion by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A - Index of Exhibits (Redacted), #2 Exhibit 1 (Redacted), #3 Exhibit 2 (Redacted), #4 Exhibit 3, #5 Exhibit 4 (Redacted), #6 Exhibit 5 (Redacted), #7 Exhibit 6 (Redacted), #8 Exhibit 7 (Redacted), #9 Exhibit 8 (Redacted), #10 Exhibit 9 (Redacted), #11 Exhibit 10 (Redacted), #12 Exhibit 11 (Redacted), #13 Exhibit 12 (Redacted), #14 Exhibit 13 (Redacted), #15 Exhibit 14 (Redacted))(Desai, Mili)
April 28, 2017 Filing 442 MOTION for leave to file under seal Plaintiffs' Reply In Support of Motion to Compel and Supporting Documents by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Desai, Mili)
April 28, 2017 Filing 441 REPLY to Response to Motion re #420 MOTION to Compel Production of Documents Improperly Withheld on Privilege Grounds or, In the Alternative, for In Camera Review by the Court (Redacted) (Redacted) filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Desai, Mili)
April 28, 2017 Opinion or Order Filing 440 ORDER granting #439 Joint Motion to Extend Page Limits of Reply and Sur-Reply to Plaintiffs' Motion to Compel. Signed by Magistrate Judge James R. Klindt on 4/28/2017. (CLR)
April 28, 2017 Filing 439 Joint MOTION for Leave to File Excess Pages Plaintiffs' Reply and JJVCI's Sur-Reply to Motion to Compel by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Desai, Mili)
April 28, 2017 Sealed Document S-437, S-438. (TSW)
April 27, 2017 Filing 436 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Discovery Status Hearing held on 4/27/2017. Plaintiffs' motions to compel due no later than 5/12/2017; Defendant CooperVision, Inc.'s responses to motions to compel due no later than 5/26/2017. (DIGITAL) (MDC)
April 27, 2017 Sealed Document S-434, S-435. (TSW)
April 27, 2017 Filing 433 APPEARANCE of non-resident counsel and designation of local counsel by Jennifer L. Kifer on behalf of Bausch & Lomb, Incorporated, Valeant Pharmaceuticals North America, LLC. Local Counsel: Jennifer L. Kifer. Non-Resident Counsel: Justine Haimi. (Kifer, Jennifer)
April 27, 2017 Opinion or Order Filing 432 ORDER granting #419 Plaintiffs' Motion for Leave to Seal and to File in Paper Format (1) Plaintiffs' Motion to Compel Johnson & Johnson Vision Care, Inc. to Produce Documents Improperly Withheld for Privilege; (2) Declaration of Mili G. Desai in Support Thereof; and (3) Exhibits A, 6, and 9-27 Thereto; granting #424 Defendant Johnson & Johnson Vision Care, Inc.'s Motion for Leave to File Under Seal; parties to provide documents to the Clerk, who shall then file them under seal. Signed by Magistrate Judge James R. Klindt on 4/27/2017. (KAW)
April 26, 2017 Filing 431 NOTICE by Johnson & Johnson Vision Care, Inc. re: April 27, 2017 Telephonic Status Hearing (Smith, Robert)
April 25, 2017 Opinion or Order Filing 430 ORDER granting #427 Defendants' Unopposed Motion and Memorandum of Law to Extend the Deadline to Respond to Plaintiffs' Motion for Class Certification and Supporting Expert Witness Reports; directing Defendants to respond by 6/2/2017 to #396 Plaintiffs' Motion for Class Certification. Signed by Magistrate Judge James R. Klindt on 4/25/2017. (CLR)
April 21, 2017 Opinion or Order Filing 429 ORDER granting #428 Joint Motion to Extend Time for Reply and Sur-Reply to Plaintiff's Motion to Compel; Plaintiffs' reply due 4/28/17; Defendant's sur-reply due 5/5/2017. Signed by Magistrate Judge James R. Klindt on 4/21/2017. (CLR)
April 20, 2017 Filing 428 Joint MOTION for Extension of Time to File Response/Reply as to #425 Response in Opposition to Motion, #420 MOTION to Compel Production of Documents Improperly Withheld on Privilege Grounds or, In the Alternative, for In Camera Review by the Court (Redacted) Pursuant to March 23, 2017 Order by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Desai, Mili) Motions referred to Magistrate Judge James R. Klindt.
April 17, 2017 Filing 427 Unopposed MOTION to extend time to Respond to Plaintiffs' Motion for Class Certification and Supporting Expert Witness Reports by All Defendants. (Smith, Robert)
April 14, 2017 Filing 426 DECLARATION of J. Taylor Kirklin in Support of re #425 Response in Opposition to Motion by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit A - Class Plaintiffs 1st RFP to JJVCI, #2 Exhibit B - JJVCI Supplemental Discovery Request, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M - 3.22.16 Subpoena to CLI by Plaintiffs, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Smith, Robert)
April 14, 2017 Filing 425 RESPONSE in Opposition re #420 MOTION to Compel Production of Documents Improperly Withheld on Privilege Grounds or, In the Alternative, for In Camera Review by the Court (Redacted) filed by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
April 14, 2017 Filing 424 MOTION for leave to file under seal and file in Paper Format, Exhibits, C, D, E, F, G, H, I, J, K, L, N, P and Q to the Declaration of J. Taylor Kirklin in Support of JJVCI'S Opposition to Plaintiffs' Motion to Compel Privileged Documents, as well as portions of that Declaration and portions of JJVCI's Opposition to Plaintiffs' Motion to Compel Privileged Documents by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
April 11, 2017 Filing 423 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #419 MOTION for leave to file under seal Plaintiffs' Motion to Compel, Declaration of Mili G. Desai, and Exhibits Thereto, #422 Order on Motion to Seal Pursuant to Court's April 10, 2017 Order and Local Rule 3.01(g) (Desai, Mili)
April 10, 2017 Opinion or Order Filing 422 ORDER taking under advisement #419 Plaintiffs' Motion for Leave to Seal and to File in Paper Format (1) Plaintiffs' Motion to Compel Johnson & Johnson Vision Care, Inc. to Produce Documents Improperly Withheld for Privilege; (2) Declaration of Mili G. Desai in Support Thereof; and (3) Exhibits A, 6, and 9-27 Thereto. Local Rule 3.01(g) certification due 4/14/2017. Signed by Magistrate Judge James R. Klindt on 4/10/2017. (KAW)
March 31, 2017 Filing 421 DECLARATION of Mili G. Desai in Support of Motion to Compel re #420 MOTION to Compel Production of Documents Improperly Withheld on Privilege Grounds or, In the Alternative, for In Camera Review by the Court (Redacted) by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A (Index of Exhibits), #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6 (redacted), #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9 (redacted), #11 Exhibit 10 (redacted), #12 Exhibit 11 (redacted), #13 Exhibit 12 (redacted), #14 Exhibit 13 (redacted), #15 Exhibit 14 (redacted), #16 Exhibit 15 (redacted), #17 Exhibit 16 (redacted), #18 Exhibit 17 (redacted), #19 Exhibit 18 (redacted), #20 Exhibit 19 (redacted, #21 Exhibit 20 (redacted), #22 Exhibit 21 (redacted), #23 Exhibit 22 (redacted), #24 Exhibit 23 (redacted), #25 Exhibit 24 (redacted), #26 Exhibit 25 (redacted), #27 Exhibit 26 (redacted), #28 Exhibit 27 (redacted))(Desai, Mili)
March 31, 2017 Filing 420 MOTION to Compel Production of Documents Improperly Withheld on Privilege Grounds or, In the Alternative, for In Camera Review by the Court (Redacted) by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Desai, Mili) Motions referred to Magistrate Judge James R. Klindt.
March 31, 2017 Filing 419 MOTION for leave to file under seal Plaintiffs' Motion to Compel, Declaration of Mili G. Desai, and Exhibits Thereto by Rachel Berg, Amanda Cunha, Catherine Dingle, Joe Felson, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Pamela Mazzarella, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Desai, Mili)
March 31, 2017 Filing 418 PROOF of service returned executed on 03/29/2017 as to Gateway Professional Network, LLC filed by ABB/Con-cise Optical Group, LLC (Waggoner, Dennis) Modified on 4/3/2017 to edit text(TSW).
March 31, 2017 Filing 417 PROOF of service returned executed on 3/29/2017 as to Gateway Professional Network, LLC filed by ABB/Con-cise Optical Group, LLC (Waggoner, Dennis) Modified on 4/3/2017 to edit text(TSW).
March 28, 2017 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Ana Gardea, appearing on behalf of Coopervision, Inc. (Filing fee $150 receipt number JAX023507.). (AFC)
March 28, 2017 Filing 416 NOTICE of Appearance of Additional Counsel for Defendant CooperVision, Inc. Appearance by Michael G. Tanner on behalf of Cooper Vision, Inc. (Tanner, Michael)
March 23, 2017 Filing 415 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Discovery Status Hearing held on 3/23/2017. Plaintiffs' motion to compel due no later than 3/31/2017. Defendant Johnson & Johnson Vision Care, Inc.'s response to motion to compel due no later than 4/14/2017. Plaintiffs' optional reply to response to motion to compel, not to exceed 10 pages, due no later than 4/21/2017. Defendant Johnson & Johnson Vision Care, Inc.'s optional sur-reply, not to exceed 10 pages, due no later than 4/28/2017. (DIGITAL) (MDC)
March 22, 2017 Filing 414 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson Regarding March 23, 2017 Telephonic Status Conference (Giddings, Nathaniel)
March 17, 2017 Filing 413 NOTICE OF APPEARANCE of non-resident counsel and designation of local counsel by Jennifer L. Kifer on behalf of Bausch Lomb Incorporated. Local Counsel: Jennifer L. Kifer. Non-Resident Counsel: Luke T. Taeschler. (Kifer, Jennifer) Modified on 3/17/2017 to edit text(TSW).
March 15, 2017 Filing 412 CooperVision, Inc.'s ANSWER and affirmative defenses to Third Amended Complaint #395 with Jury Demand to Plaintiffs' Interlineation to Corrected Consolidated Class Action Complaint by Cooper Vision, Inc..(Tanner, Michael) Modified on 3/15/2017 to edit relationship(TSW).
March 15, 2017 Filing 411 ANSWER and affirmative defenses to Third Amended Complaint #395 with Jury Demand by ABB Optical Group.(Waggoner, Dennis) Modified on 3/15/2017 to edit text and relationship(TSW).
March 15, 2017 Sealed Documents S-404, S-405, S-406, S-410. (TSW)
March 15, 2017 Filing 409 Alcon Laboratories, Inc.'s ANSWER and affirmative defenses with Jury Demand to #395 Third Amended Complaint ("Alcon Laboratories, Inc.'s Answer To Plaintiffs' Interlineation To Corrected Consolidated Class Action Complaint") by Alcon Laboratories, Inc..(Marriott, David) Modified on 3/15/2017 to edit text(TSW).
March 15, 2017 Opinion or Order Filing 408 ORDER granting #403 Joint Motion to Extend Time to Move to Compel Pursuant to February 23, 2017 Order. Signed by Magistrate Judge James R. Klindt on 3/15/2017. (KAW)
March 15, 2017 Filing 407 Bausch & Lomb's ANSWER and affirmative defenses to Complaint with Jury Demand to #395 Plaintiffs' Third Amended Complaint by Bausch Lomb Incorporated.(Kifer, Jennifer) Modified on 3/15/2017 to edit text and relationship(TSW).
March 14, 2017 Filing 403 Joint MOTION to extend time to Move to Compel Pursuant to February 23, 2017 Order by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel)
March 13, 2017 Filing 402 Johnson & Johnson Vision Care, Inc.'s ANSWER and affirmative defenses with Jury Demand to #395 Third Amended Complaint by Johnson & Johnson Vision Care, Inc..(Smith, Robert) Modified on 3/15/2017 to edit text (TSW).
March 13, 2017 Opinion or Order Filing 401 ORDER granting #400 Plaintiffs' Motion for Leave file Under Seal; containing directions to Plaintiffs and the Clerk; see Order for details. Signed by Magistrate Judge James R. Klindt on 3/13/2017. (KAW)
March 3, 2017 Filing 400 MOTION for leave to file under seal by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
March 3, 2017 Filing 399 DECLARATION of Robert C. Gilbert re #396 MOTION to Certify Class and Supporting Memorandum of Law (Redacted) by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Exhibit 73, #75 Exhibit 74, #76 Exhibit 75, #77 Exhibit 76, #78 Exhibit 77, #79 Exhibit 78, #80 Exhibit 79, #81 Exhibit 80, #82 Exhibit 81, #83 Exhibit 82, #84 Exhibit 83, #85 Exhibit 84, #86 Exhibit 85, #87 Exhibit 86, #88 Exhibit 87, #89 Exhibit 88, #90 Exhibit 89, #91 Exhibit 90, #92 Exhibit 91, #93 Exhibit 92, #94 Exhibit 93, #95 Exhibit 94, #96 Exhibit 95, #97 Exhibit 96, #98 Exhibit 97, #99 Exhibit 98, #100 Exhibit 99, #101 Exhibit 100, #102 Exhibit 101, #103 Exhibit 102, #104 Exhibit 103, #105 Exhibit 104, #106 Exhibit 105, #107 Exhibit 106, #108 Exhibit 107, #109 Exhibit 108, #110 Exhibit 109, #111 Exhibit 110, #112 Exhibit 111, #113 Exhibit 112, #114 Exhibit 113, #115 Exhibit 114, #116 Exhibit 115, #117 Exhibit 116, #118 Exhibit 117, #119 Exhibit 118, #120 Exhibit 119, #121 Exhibit 120, #122 Exhibit 121, #123 Exhibit 122, #124 Exhibit 123, #125 Exhibit 124, #126 Exhibit 125, #127 Exhibit 126, #128 Exhibit 127, #129 Exhibit 128, #130 Exhibit 129, #131 Exhibit 130, #132 Exhibit 131, #133 Exhibit 132, #134 Exhibit 133, #135 Exhibit 134, #136 Exhibit 135, #137 Exhibit 136, #138 Exhibit 137, #139 Exhibit 138, #140 Exhibit 139, #141 Exhibit 140, #142 Exhibit 141, #143 Exhibit 142, #144 Exhibit 143, #145 Exhibit 144, #146 Exhibit 145, #147 Exhibit 146, #148 Exhibit 147, #149 Exhibit 148, #150 Exhibit 149, #151 Exhibit 150, #152 Exhibit 151, #153 Exhibit 152, #154 Exhibit 153, #155 Exhibit 154, #156 Exhibit 155, #157 Exhibit 156, #158 Exhibit 157, #159 Exhibit 158, #160 Exhibit 159, #161 Exhibit 160, #162 Exhibit 161, #163 Exhibit 162, #164 Exhibit 163, #165 Exhibit 164, #166 Exhibit 165, #167 Exhibit 166, #168 Exhibit 167, #169 Exhibit 168, #170 Exhibit 169, #171 Exhibit 170)(DeVault, John)
March 3, 2017 Filing 398 DECLARATION of Michael A. Williams, Ph.D. (Redacted) re #396 MOTION to Certify Class and Supporting Memorandum of Law (Redacted) by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
March 3, 2017 Filing 397 DECLARATION of Dr. John L. Solow (Redacted) re #396 MOTION to Certify Class and Supporting Memorandum of Law (Redacted) by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
March 3, 2017 Filing 396 MOTION to Certify Class and Supporting Memorandum of Law (Redacted) by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
March 1, 2017 Filing 395 THIRD AMENDED COMPLAINT Plaintiffs' Interlineation to Corrected Consolidated Class Action Complaint against ABB Concise Optical Group, LLC, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Coopervision, Inc., Johnson & Johnson Vision Care, Inc. with Jury Demand. filed by John Machikawa, Sheryl Marean, Kathleen Schirf, Elyse Ulino, Rachel Berg, Jennifer Sineni, Amanda Cunha, Miriam Pardoll, Alexis Ito, Susan G Gordon, Cora Beth Smith, Catherine Dingle, Tamara O'Brien, Brett Watson. Related document: #135 Amended Complaint filed by John Machikawa, Elyse Ulino, Amanda Cunha, Jennifer Sineni, Susan G Gordon, Tamara O'Brien, Miriam Pardoll, Catherine Dingle, Kathleen Schirf, Rachel Berg, Brett Watson, Sheryl Marean, Cora Beth Smith, Alexis Ito.(Gilbert, Robert) Modified on 3/6/2017 to edit text(TSW).
February 23, 2017 Filing 394 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Discovery Status Hearing. Plaintiffs' motion regarding internal chat platforms (if any) due no later than 3/14/2017. Defendant Bausch & Lomb, Incorporated and CooperVision, Inc.'s responses to motion regarding internal chat platforms due no later than 3/28/2017. (DIGITAL) (MDC)
February 22, 2017 Filing 393 NOTICE by Melodie Alley of Change of Firm Affiliation and Address (Safirstein, Peter)
February 22, 2017 Filing 392 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re February 23, 2017 Telephonic Status Hearing (Guglielmo, Joseph)
February 22, 2017 Filing 391 NOTICE of Appearance by Peter Safirstein on behalf of Melodie Alley, Jaquatta Becoats, Laura Brooksbank, Rhonda Carter, Dawn Homan, Kyle Hueser, Jan Johnson, Tina Miranda, Brooke Salisbury, Kim Seller, Sidney Steen, Luanne Strickland, Christine Teti (Safirstein, Peter)
January 27, 2017 Filing 390 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #388 Order Pursuant to Courts January 24, 2017 Order (Joint) (DeVault, John) Modified on 1/30/2017 contacted counsel in regards to using the correct case number on all pleadings (TSW).
January 24, 2017 Opinion or Order Filing 389 ORDER denying without prejudice #318 (and S-336) Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier (pursuant to #386 Notice Regarding Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier). Signed by Magistrate Judge James R. Klindt on 1/23/2017. (KAW)
January 24, 2017 Opinion or Order Filing 388 ORDER regarding items set forth in #385 parties' Notice Re: January 19, 2017 Telephonic Status Hearing; setting deadlines and providing instructions to parties. Signed by Magistrate Judge James R. Klindt on 1/23/2017. (KAW)
January 23, 2017 Filing 386 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #384 Order on motion to compel (Giddings, Nathaniel)
January 19, 2017 Filing 387 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: TELEPHONE STATUS HEARING held on 1/19/2017. (DIGITAL) (MDC)
January 18, 2017 Filing 385 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson Regarding January 19, 2017 Telephonic Status Conference (Giddings, Nathaniel)
January 18, 2017 Opinion or Order Filing 384 ORDER regarding #318 Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier; Plaintiffs shall file a notice regarding consent by 1/24/2017; see Order for details. Signed by Magistrate Judge James R. Klindt on 1/18/2017. (KAW)
January 18, 2017 Filing 383 NOTICE of Benjamin F. Jackson Appearance by Robert Troy Smith on behalf of Johnson & Johnson Vision Care, Inc. (Smith, Robert)
January 18, 2017 Filing 382 NOTICE of Jacob F. Siegel Appearance by Robert Troy Smith on behalf of Johnson & Johnson Vision Care, Inc. (Smith, Robert)
January 11, 2017 Filing 381 NOTICE by Gaurav Khanna of Change of Firm Affiliation and Address (Goldstein, Jayne)
January 4, 2017 Filing 380 NOTICE of change of address by Lesley Elizabeth Weaver (Weaver, Lesley)
December 30, 2016 Filing 379 NOTICE of change of address by Adam C. Belsky (Belsky, Adam)
December 19, 2016 Filing 378 REDACTED TRANSCRIPT of Oral Argument held on 9-21-16 before Judge James R. Klindt. Court Reporter/Transcriber Cindy Packevicz Jarriel, RPR, FCRR,Telephone number 904.301.6843; cpackevicz@comcast.net. The entire unredacted version of this transcript can be found at S-325. Transcript is redacted pursuant to Magistrate Judge James R, Klindt's #366 Order directing redactions. (AET)
December 19, 2016 Sealed Document S-325 (AET)
December 7, 2016 Filing 377 NOTICE SETTING REGULAR TELEPHONIC DISCOVERY STATUS CONFERENCES. Telephonic discovery status conferences are set before James R. Klindt, United States Magistrate Judge, on the following dates: 1/19/2017 at 02:00 PM; 2/23/2017 at 02:00 PM; 3/23/2017 at 02:00 PM; 4/27/2017 at 02:00 PM; 6/1/2017 at 02:00 PM; and 7/6/2017 at 02:00 PM. SEE NOTICE FOR INSTRUCTIONS ON CALLING IN FOR THE CONFERENCES. (KAW)
December 7, 2016 Filing 376 NOTICE: The Court has been notified by the parties that they have no open issues to discuss during the Telephonic Discovery Status Conference set before James R. Klindt, United States Magistrate Judge, on 12/7/2016 at 2:00 P.M.; therefore the conference is CANCELED. (MDC)
December 6, 2016 Mail returned as Undeliverable re: #346 Order on Motion for Miscellaneous Relief. Mail unable to forward to James D. Griffin. (TSW)
December 6, 2016 Opinion or Order Filing 375 ORDER granting in part and denying in part #354 Plaintiffs' Motion to Compel Defendant Johnson & Johnson Vision Care, Inc. to Identify Telephone Numbers of Custodians Used for Business Purposes and Memorandum of Law in Support. See Order for details. Signed by Magistrate Judge James R. Klindt on 12/6/2016. (KAW)
December 5, 2016 Sealed Document S-374. (TSW)
December 2, 2016 Filing 373 NOTICE of Alexander Rodney Appearance by Samuel Joseph Horovitz on behalf of Alcon Laboratories, Inc. (Horovitz, Samuel)
December 2, 2016 Filing 372 NOTICE of Rachel M. Fritzler Appearance by Samuel Joseph Horovitz on behalf of Alcon Laboratories, Inc. (Horovitz, Samuel)
December 2, 2016 Opinion or Order Filing 371 ORDER granting #370 Joint Motion to Extend Time to Move to Compel Pursuant to October 24, 2016 Order; Plaintiffs have up to and including 12/19/2016 to move the Court to compel production of documents pursuant to #346 Order. Signed by Magistrate Judge James R. Klindt on 12/2/2016. (KAW)
December 2, 2016 Mail returned as Undeliverable re: #356 Order, #353 Notice of hearing. Mail unable to forward to James D. Griffin. (TSW)
December 2, 2016 Filing 370 Joint MOTION to extend time to Move to Compel Pursuant to October 24, 2016 Order by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
December 1, 2016 Opinion or Order Filing 369 ORDER granting #368 Johnson & Johnson Vision Care, Inc.'s Unopposed Motion for Withdrawal of Counsel. Deirdre A. McEvoy is permitted to withdraw as counsel of record for Defendant Johnson & Johnson Vision Care, Inc. Defendant will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 12/1/2016. (MDC)
December 1, 2016 Filing 368 Unopposed MOTION for Deirdre A. McEvoy to withdraw as attorney by Johnson & Johnson Vision Care, Inc.. (Smith, Robert) Motions referred to Magistrate Judge James R. Klindt.
November 30, 2016 Filing 367 REPLY to Response to Motion re #318 MOTION to Compel Enforcement of the Subpoena on Dr. Alan Glazier filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel)
November 29, 2016 Mail returned as Undeliverable re: #356 Order. Mail unable to forward to Caleb Marker. (TSW)
November 28, 2016 Opinion or Order Filing 366 ORDER granting #345 Defendant CooperVision, Inc.'s Amended Redaction Request. Consistent with the Request, the Court Reporter is DIRECTED to redact the transcript of the 9/21/2016 oral argument before the undersigned (Doc. No. 325). Signed by Magistrate Judge James R. Klindt on 11/28/2016. (MDC)
November 28, 2016 Mail returned as Undeliverable re: #349 Order on motion to compel. Mail unable to forward to James D. Griffin. (TSW)
November 22, 2016 Filing 365 DECLARATION of R. TROY SMITH by Johnson & Johnson Vision Care Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Robert)
November 22, 2016 Filing 364 RESPONSE in Opposition re #354 MOTION to Compel Defendant Johnson & Johnson Vision Care, Inc. to Produce Information Regarding Phone Numbers of Custodians filed by Johnson & Johnson Vision Care Inc.. (Smith, Robert)
November 21, 2016 Filing 363 NOTICE of APPEARANCE of non-resident counsel and designation of local counsel by Hollis Lee Salzman on behalf of Clemente Cesare. Non-Resident Counsel: Eamon O'Kelly. (Salzman, Hollis) Modified on 11/22/2016 to edit text(TSW).
November 21, 2016 Mail returned as Undeliverable re: #352 Order. Mail unable to forward to James D. Griffin. (TSW)
November 18, 2016 Mail returned as Undeliverable re: #349 Order on motion to compel. Mail unable to forward to Caleb Marker. (TSW)
November 17, 2016 Filing 362 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #360 Order on motion to compel Notice Pursuant to Court's November 16, 2016 Order (Giddings, Nathaniel)
November 17, 2016 Opinion or Order Filing 361 ORDER: granting in part and denying in part #328 Motion to Amend Deadlines in the Case Management and Scheduling Order; Fact Discovery due by 8/4/2017, Dispositive motions due by 4/20/2018, Final Pretrial Conference set for 10/10/2018 at 10:00 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger, Jury Trial set for 1/7/2019 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger; SEE ORDER FOR FURTHER DEADLINES, DETAILS AND INSTRUCTIONS. Signed by Senior Judge Harvey E. Schlesinger on 11/16/2016. (MGG) Modified on 12/29/2017 Modified on 2/7/2018 to edit text per Chambers(TSW).
November 16, 2016 Opinion or Order Filing 360 ORDER taking under advisement #318 and S-336 Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier; Plaintiffs to file notice by 11/22/2016; Plaintiffs to file reply by 11/30/2016; Dr. Glazier to file sur-reply (possibly under seal) by 12/15/2016. SEE ORDER FOR DETAILS. Signed by Magistrate Judge James R. Klindt on 11/16/2016. (KAW)
November 16, 2016 Filing 359 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: TELEPHONIC HEARING held on 11/16/2016 re #318 and [S-336] Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier. Court Reporter: Shannon Bishop/Digital (MDC)
November 10, 2016 Filing 358 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shelli Kozachenko, 904.301.6842. (SMK)
November 10, 2016 Filing 357 TRANSCRIPT of Digitally Recorded Telephonic Discovery Status Hearing held on 11/2/16 before Judge James R. Klindt. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 12/1/2016, Redacted Transcript Deadline set for 12/12/2016, Release of Transcript Restriction set for 2/8/2017. (SMK)
November 10, 2016 Opinion or Order Filing 356 ORDER directing the Clerk to stop sending paper copies of Orders entered in this matter to attorneys who have not registered with the Court's ECF system. Signed by Magistrate Judge James R. Klindt on 11/10/2016. (KAW)
November 8, 2016 Filing 355 DECLARATION of Mili G. Desai re #354 MOTION to Compel Defendant Johnson & Johnson Vision Care, Inc. to Produce Information Regarding Phone Numbers of Custodians by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Desai, Mili)
November 8, 2016 Filing 354 MOTION to Compel Defendant Johnson & Johnson Vision Care, Inc. to Produce Information Regarding Phone Numbers of Custodians by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Desai, Mili) Motions referred to Magistrate Judge James R. Klindt.
November 8, 2016 Filing 353 NOTICE of Telephonic Hearing re: Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier (Doc. Nos. 318, S-336) set for 11/16/2016 at 11:00 AM in Jacksonville Courtroom 5 D before Magistrate Judge James R. Klindt. SEE NOTICE FOR INSTRUCTIONS ON CALLING IN FOR THE HEARING.(MDC)
November 3, 2016 Opinion or Order Filing 352 ORDER regarding matters discussed during 11/2/2016 telephonic discovery status hearing; directing that any motion relating to proposed deposition protocol be filed no later than 11/18/2016; advising that the Court will set a telephonic hearing on #318 and S-336 Plaintiffs' Motion to Compel upon determining the availability of the parties (Plaintiffs' counsel to contact courtroom deputy with availability); containing the procedure for filing any document under seal. Signed by Magistrate Judge James R. Klindt on 11/3/2016. (KAW)
November 2, 2016 Filing 351 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: TELEPHONIC STATUS HEARING held on 11/2/2016. (DIGITAL) (MDC)
November 1, 2016 Filing 350 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re November 2 Telephonic Status Hearing (Guglielmo, Joseph)
November 1, 2016 Opinion or Order Filing 349 ORDER granting in part and denying in part #276 Class Plaintiffs' Motion to Compel Defendant CooperVision to Include Additional Custodians and Provide a Hit List (sealed version of the motion is Doc. No. S-284). See Order for details. Signed by Magistrate Judge James R. Klindt on 11/1/2016. (KAW)
October 31, 2016 Filing 348 NOTICE of Sarah E. Williams Appearance by Dennis Parker Waggoner on behalf of ABB Optical Group (Waggoner, Dennis)
October 31, 2016 Filing 347 NOTICE of Anne K. Collesano Appearance by Dennis Parker Waggoner on behalf of ABB Optical Group (Waggoner, Dennis)
October 27, 2016 Mail returned as Undeliverable re: #335 Order on motion for discovery rder on Motion for Miscellaneous Relief. Mail unable to forward to James D. Griffin and Caleb Marker. (TSW)
October 24, 2016 Opinion or Order Filing 346 ORDER regarding Defendant Bausch & Lomb's clawback request and interpretation of #226 Confidentiality Order; denying #311 Plaintiffs' Motion to Enforce the Confidentiality Order; instructions to parties; Defendant shall produce an amended privilege log to Plaintiffs no later than 11/21/2016; Plaintiffs have fourteen days after they receive the amended privilege log to move the Court to compel documents. Signed by Magistrate Judge James R. Klindt on 10/24/2016. (KAW)
October 20, 2016 Filing 345 NOTICE of intent to request redaction by Thomas Edward Bishop re 325 Transcript (Bishop, Thomas)
October 18, 2016 Filing 344 DECLARATION of Troy Smith re #339 Memorandum in opposition by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibits to Declaration of Troy Smith)(Marriott, David)
October 18, 2016 Filing 343 DECLARATION of Chris Yates re #339 Memorandum in opposition by Coopervision, Inc.. (Attachments: #1 Exhibits to Declaration of Chris Yates)(Marriott, David)
October 18, 2016 Filing 342 DECLARATION of Justine Haimi re #339 Memorandum in opposition by Bausch & Lomb, Incorporated. (Attachments: #1 Exhibits to Declaration of Justine Haimi)(Marriott, David)
October 18, 2016 Filing 341 DECLARATION of Misty Archambault re #339 Memorandum in opposition by Alcon Laboratories, Inc.. (Attachments: #1 Exhibits to Declaration of Misty Archambault)(Marriott, David)
October 18, 2016 Filing 340 DECLARATION of Patrick King re #339 Memorandum in opposition by ABB Optical Group. (Attachments: #1 Exhibits to Declaration of Patrick King)(Marriott, David)
October 18, 2016 Filing 339 MEMORANDUM in opposition re #328 Motion to Amend/Correct filed by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Coopervision, Inc., Johnson & Johnson Vision Care, Inc.. (Marriott, David)
October 14, 2016 Filing 338 NOTICE of Additional Counsel Misty L. Archambault of Cravath, Swaine & Moore, LLP Appearance by Samuel Joseph Horovitz on behalf of Alcon Laboratories, Inc. (Horovitz, Samuel)
October 13, 2016 Sealed Document S-337. (TSW)
October 13, 2016 Sealed Document S-336. (TSW)
October 13, 2016 Opinion or Order Filing 335 ORDER denying as moot (221) in case 3:15-md-02626-J-20JRK and (18) in case 3:15-cv-00437-J-20JRK: Motion to Coordinate and Participate in Discovery Proceedings in MDL Action. Signed by Magistrate Judge James R. Klindt on 10/13/2016. Associated Cases: 3:15-md-02626-J-20JRK, 3:15-cv-00437-J-20JRK(KAW)
October 12, 2016 Filing 334 RESPONSE re #332 Order on Motion for Leave to File Joint Response of Defendant Coopervision, Inc. and Plaintiffs to Question Court Asked During Oral Argument on 9/21/16 filed by Coopervision, Inc.. (Tanner, Michael)
October 5, 2016 Filing 333 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: Telephonic Status Hearing held on 10/5/2016. (DIGITAL) (MDC)
October 5, 2016 Opinion or Order Filing 332 ORDER granting #323 Consent Motion for Leave file a Joint Statement by CooperVision, Inc. and Plaintiffs in Response to a Question the Court Asked During Oral Argument on September 21, 2016; joint statement not exceeding three pages due 10/12/2016. Signed by Magistrate Judge James R. Klindt on 10/5/2016. (KAW)
October 5, 2016 Opinion or Order Filing 331 ORDER granting #317 Plaintiffs' Motion for Leave to Seal and to File in Paper Format (1) Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier; (2) the Declaration of Nathaniel C. Giddings in Support of Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier; and (3) Exhibits H-Q Thereto; Clerk to file documents under seal. Signed by Magistrate Judge James R. Klindt on 10/5/2016. (KAW)
October 4, 2016 Filing 330 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson Regarding October 5, 2016 Conference (Guglielmo, Joseph)
October 4, 2016 Filing 329 DECLARATION of Nathaniel C. Giddings re #328 MOTION to Amend/Correct #204 Case management and scheduling order by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A, #2 Exhibit B)(DeVault, John)
October 4, 2016 Filing 328 MOTION to Amend/Correct #204 Case management and scheduling order by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
October 3, 2016 Mail returned as Undeliverable re: #321 Notice (Other). Mail unable to forward to James D. Griffin. (TSW)
October 3, 2016 Filing 327 NOTICE of intent to request redaction by Thomas Edward Bishop re 325 Transcript (Bishop, Thomas)
October 3, 2016 Filing 326 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. (CLP)
September 27, 2016 Filing 324 RESPONSE to Plaintiff argument for subpoenaed information filed by Dr. Alan Glazier re #297 Order on Motion for Leave to File. (TSW)
September 23, 2016 Filing 323 Consent MOTION for leave to file A JOINT STATEMENT BY COOPERVISION, INC. AND PLAINTIFFS IN RESPONSE TO A QUESTION THE COURT ASKED DURING ORAL ARGUMENT ON SEPTEMBER 21, 2016 by Cooper Vision, Inc.. (Tanner, Michael)
September 21, 2016 Filing 322 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: ORAL ARGUMENT held on 9/21/2016 re #276 and [S-284] Plaintiffs' Motion to Compel Defendant CooperVision to Include Additional Custodians and Provide a Hit List. Court Reporter: Cindy Packevicz Jarriel/Digital (MDC)
September 15, 2016 Filing 321 NOTICE regarding oral argument set for September 21, 2016: Counsel for the parties not required to personally attend the oral argument regarding Class Plaintiffs' Motion to Compel Defendant CooperVision to Include Additional Custodians and Provide a Hit List (Doc. Nos. 276, S-284) on 9/21/2016 at 10:00 a.m., may (but are not required to) attend the hearing via telephone. Counsel can do so by calling the Court's teleconferencing service at 1-888-684-8852 at least five minutes before the hearing is scheduled to begin. The access code is 2745123; the security code is 0921. SEE NOTICE FOR DETAILS.(MDC)
September 14, 2016 Filing 320 DECLARATION of Nathaniel C. Giddings re #318 MOTION to Compel Enforcement of the Subpoena on Dr. Alan Glazier by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Giddings, Nathaniel)
September 14, 2016 Filing 319 DECLARATION of J. Brad Berkshire re #318 MOTION to Compel Enforcement of the Subpoena on Dr. Alan Glazier by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel)
September 14, 2016 Filing 318 MOTION to Compel Enforcement of the Subpoena on Dr. Alan Glazier by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel) Motions referred to Magistrate Judge James R. Klindt.
September 14, 2016 Filing 317 MOTION for leave to file under seal (1) Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier; (2) the Declaration of Nathaniel C. Giddings in Support of Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier; and (3) Exhibits H-Q Thereto by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Giddings, Nathaniel)
September 13, 2016 Mail returned as Undeliverable re: #283 Order on Motion to Withdraw as Attorney. Mail unable to forward to James D. Griffin. (TSW)
September 13, 2016 Sealed Document S-316. (TSW)
September 13, 2016 Sealed Document S-315. (TSW)
September 13, 2016 Sealed Document S-314. (TSW)
September 9, 2016 Mail returned as Undeliverable re: #291 Order on Motion to Seal. Mail unable to forward to James D. Griffin. (TSW)
September 9, 2016 Filing 313 DECLARATION of Joseph Guglielmo re #311 MOTION for miscellaneous relief, specifically to Enforce Confidentiality Order by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
September 9, 2016 Filing 312 DECLARATION of Daniel O. Herrera re #311 MOTION for miscellaneous relief, specifically to Enforce Confidentiality Order by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A)(DeVault, John)
September 9, 2016 Filing 311 MOTION for miscellaneous relief, specifically to Enforce Confidentiality Order by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
September 9, 2016 Filing 310 DECLARATION of Justine Haimi In Support Of Bausch & Lomb Incorporated's Brief In Response To Court's September 1, 2016 Order Re: Interpretation Of The Relevant Provisions Of The Confidentiality Order re #309 Brief - Defendant, #297 Order on Motion for Leave to File by Bausch & Lomb, Incorporated. (Eckles, Paul)
September 9, 2016 Filing 309 DEFENDANT'S BRIEF re #297 Order on Motion for Leave to File Regarding Confidentiality Order filed by Bausch & Lomb, Incorporated. (Eckles, Paul)
September 9, 2016 Opinion or Order Filing 308 ORDER granting #299 Class Plaintiffs' Motion to Seal Pursuant to Order of United States Magistrate Judge James R. Klindt Dated August 18 and 30, 2016 and #304 Defendant CooperVision Inc.'s Motion to Seal Pursuant to Order of United State Magistrate Judge James R. Klindt Dated August 18, 2016; directions to parties and Clerk. Signed by Magistrate Judge James R. Klindt on 9/9/2016. (KAW)
September 9, 2016 Filing 307 NOTICE OF HEARING regarding #276 Class Plaintiffs' Motion to Compel Defendant CooperVision to Include Additional Custodians and Provide a Hit List. Motion Hearing set for 9/21/2016 at 10:00 AM in Jacksonville Courtroom 5 D before Magistrate Judge James R. Klindt. See Notice for details. (KAW)
September 7, 2016 Filing 306 DECLARATION of Christopher S. Yates re: #305 Reply to Response to Motion to Compel CooperVision to Include Additional Custodians and Provide a Hit List by Cooper Vision, Inc.. (Attachments: #1 Exhibit A and B)(Bishop, Thomas) Modified on 9/8/2016 to edit text(TSW).
September 7, 2016 Filing 305 REPLY to Response to Motion re #276 MOTION to Compel Defendant CooperVision to Include Additional Custodians and Provide a Hit List (REDACTED) filed by Cooper Vision, Inc.. (Bishop, Thomas)
September 7, 2016 Filing 304 MOTION for leave to file under seal pursuant to Order of U.S. Magistrate Judge James R. Klindt by Cooper Vision, Inc.. (Bishop, Thomas)
September 6, 2016 Filing 303 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RDR, CRR; dsmabishop@yahoo.com; (904)549-1307. (SB)
September 6, 2016 Filing 302 TRANSCRIPT of Digitally Recorded Telephonic Discovery Status Hearing held on August 31, 2016 before Judge James R. Klindt. Court Reporter/Transcriber Shannon M. Bishop, RDR, CRR; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 9/27/2016, Redacted Transcript Deadline set for 10/7/2016, Release of Transcript Restriction set for 12/5/2016. (SB)
September 1, 2016 Filing 301 DECLARATION of Peggy Wedgworth re #276 MOTION to Compel Defendant CooperVision to Include Additional Custodians and Provide a Hit List (REDACTED), #300 Reply to Response to Motion by Melodie Alley. (Attachments: #1 Exhibit A-I)(Wedgworth, Peggy)
September 1, 2016 Filing 300 REPLY to Response to Motion re #276 MOTION to Compel Defendant CooperVision to Include Additional Custodians and Provide a Hit List (REDACTED) filed by Melodie Alley, Jaquatta Becoats, Rachel Berg, Christopher Bessette, Robin Blackenship, Misty Bolen-Carson, Tyler Brandafino, Juliana Brodsky, Laura Brooksbank, Joanne Buckley, Beneta D. Burt, Heather Butcher, Frances Cameron, Matthew J. Cardamone, Madeline Carey, Rhonda Carter, Sergio Castillo, Clemente Cesare, Brian Cohen, Madeleine Collins, Costco Wholesale Corporation, Jennifer Cristiano, Jennifer L. Crose, Amanda Cunha, Amber Davis, Marilyn Marlene Dedivanaj, Debra Denton, Erin Depperschmidt, Morgan Devlin, Willie Dillon, Judy Dillon, Catherine Dingle, Racquel Dizon-Ikei, Joseline Dotel, Stephanie Dreyer, Delia Druley, Julie Ewald, Suneeta D Fernandes, Jacqueline Gaston, Mistelle Gilbert, Gloria Goldblatt, Bernadette Goodfellow, Susan G Gordon, Tracy L. Gray, Amy Greenspan, Mallory L. Grossman, Matt Gustafson, Brent Halversen, Jane Hart Hargett, Ginger Hatridge, Amanda Heidel, Diego Hernandez, Benjamin W. Hewitt, Judy Hirsch, Dawn Homan, Joanne Hopf, Kyle Hueser, Stacie Ikei, Alexis Ito, Kaysha Izumoto, Marlene Jacobus, Jan Johnson, Nicholas Keaveny, Nick Kehaya, Gaurav Khanna, Stephanie Kirkland, Lynne Lagarde, Tyler Lambert, Ashley Lanzarotti, Marn Larsen-Ball, Andee Leeds, Georgina Lepe, Dan Leyva, Krysta Loera, Amy Lubin, Kari Lucas, Jeanne M. Lyles, ALLISON MALDONADO, STEPHEN MANGUM, Kathryn E Mabry, John Machikawa, Gordon Mah, Sheryl Marean, Kimberly Martin, Christian Miller, Rachel Miller, Tina Miranda, Monique Moore, Andrew Morales, David L. Morse, Kevin Moy, Megan Neforos, Tamara O'Brien, Caitlin O'Neill, HAZEL PACHECO, Luis Padilla, Miriam Pardoll, Marcia Parker, Monica Pasek, Monika Paske, Gabrielle Pavelko, Serge Pentsak, Dusty Price, Courtney Riley, Rachel Rondy-Geocaris, Jim Ronecker, Brooke Salisbury, Kathleen Schirf, Kim Seller, James Sendzik, Mary K. Shields, Melissa Silverman, Jennifer Sineni, Cora Beth Smith, Cregan Smith, Sidney Steen, Jessika Stetler, Luanne Strickland, Erika Targum, Rachel Taylor, Christine Teti, Dana Travis, Elyse Ulino, Brett Watson, Sally Weinstein, John Weissman, Danyelle D. Westphal, Stacia Winfield, BARBARA ZAMORA-VALDES, Jon Zeman. (Wedgworth, Peggy)
September 1, 2016 Filing 299 MOTION for leave to file under seal Pursuant to Order of United States Magistrate Judge James R. Klindt Dated August 18 and 30, 2016, ECF No. 280 and 291 by All Plaintiffs. (Attachments: #1 Exhibit A)(Wedgworth, Peggy) Modified on 9/1/2016 to edit text (RH).
September 1, 2016 Filing 298 NOTICE of Appearance by Helen Peacock Roberson on behalf of Cooper Vision, Inc., Coopervision, Inc. (Roberson, Helen)
September 1, 2016 Opinion or Order Filing 297 ORDER permitting Class Plaintiffs to move to enforce the subpoena served on Dr. Alan Glazier by 9/14/2016; Dr. Glazier to respond by 9/30/2016; directing Class Plaintiffs and Bausch & Lomb to brief the confidentiality order issue by 9/9/2016 (and no further review of the documents shall take place by Class Plaintiffs' counsel or team pending a ruling on this issue); tolling time for Class Plaintiffs to move to compel; granting #290 Class Plaintiffs' Motion for Leave to File a Short Reply to Defendant CooperVision's Response to Class Plaintiffs' Motion to Compel Defendant CooperVision to Include Additional Custodians and Provide a Hit List; reply (not to exceed 7 pages) due 9/1/2016; sur-reply (not to exceed 7 pages) due 9/7/2016. Signed by Magistrate Judge James R. Klindt on 8/31/2016. (KAW)
August 31, 2016 Filing 296 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: TELEPHONIC DISCOVERY STATUS HEARING held on 8/31/2016. (DIGITAL) (MDC)
August 30, 2016 Filing 295 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #204 Case management and scheduling order Regarding August 31, 2016 Telephonic Status Hearing (Guglielmo, Joseph)
August 30, 2016 Filing 294 RESPONSE in Opposition re #290 MOTION for leave to file A Short Reply To Defendant Coopervision's Response To Class Plaintiffs' Motion To Compel Defendant Coopervision To Include Additional Custodians and Provide A Hit List filed by Cooper Vision, Inc.. (Bishop, Thomas)
August 30, 2016 Sealed Document S-293. (TSW)
August 30, 2016 Sealed Document S-292. (TSW)
August 30, 2016 Opinion or Order Filing 291 ORDER granting #285 Defendant CooperVision Inc.'s Motion to Seal Pursuant to Order of United State Magistrate Judge James R. Klindt Dated August 18, 2016; Defendant CooperVision shall provide to the Clerk copies of the portions of its response and exhibits to the declaration of Christopher S. Yates that it seeks to seal, and the Clerk shall file these documents under seal. Signed by Magistrate Judge James R. Klindt on 8/30/2016. (KAW)
August 29, 2016 Filing 290 MOTION for leave to file A Short Reply To Defendant Coopervision's Response To Class Plaintiffs' Motion To Compel Defendant Coopervision To Include Additional Custodians and Provide A Hit List by Marilyn Marlene Dedivanaj. (Wedgworth, Peggy)
August 24, 2016 Filing 289 REQUEST for oral argument re #286 Response to motion to Compel by Cooper Vision, Inc.. (Tanner, Michael)
August 24, 2016 Filing 288 DECLARATION of Clay C. Arnold re #286 Response to motion by Cooper Vision, Inc.. (Tanner, Michael)
August 24, 2016 Filing 287 DECLARATION of Christopher S. Yates re #286 Response to motion by Cooper Vision, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K-W)(Tanner, Michael)
August 24, 2016 Filing 286 RESPONSE to Motion re #276 MOTION to Compel Defendant CooperVision to Include Additional Custodians and Provide a Hit List (REDACTED) filed by Cooper Vision, Inc.. (Tanner, Michael)
August 24, 2016 Filing 285 MOTION for leave to file under seal by Cooper Vision, Inc.. (Tanner, Michael)
August 23, 2016 Opinion or Order Filing 283 ORDER granting #281 Class Plaintiffs' Unopposed Motion for Withdrawal of Counsel. Courtney K. Grimm is permitted to withdraw as counsel of record for Class Plaintiffs. Class Plaintiffs will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 8/23/2016. (MDC)
August 22, 2016 Sealed Document S-284. (TSW)
August 22, 2016 Sealed Document S-282. (TSW)
August 19, 2016 Filing 281 Unopposed MOTION for Courtney K. Grimm to withdraw as attorney by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John) Motions referred to Magistrate Judge James R. Klindt.
August 18, 2016 Opinion or Order Filing 280 ORDER granting #275 Class Plaintiff's Unopposed Motion for Leave to Seal, and to File in Paper Format, (1) Class Plaintiffs' Motion to Compel Defendant Coopervision to Include Additional Custodians and Provide a Hit List and (2) Declaration of Peggy Wedgworth in Support of Class Plaintiffs' Motion to Compel Defendant Coopervision to Include Additional Custodians and Provide a Hit List; directing Clerk to file unredacted motion to compel and declaration under seal; if Defendant CooperVision's forthcoming response also discusses or attaches information and documents protected by the Confidentiality Order, it shall file a redacted version that does not discuss this information, and it shall file under seal the unredacted version. Signed by Magistrate Judge James R. Klindt on 8/18/2016. (KAW)
August 17, 2016 Opinion or Order Filing 279 ORDER granting #278 Motion to Withdraw as Counsel of Record. Manuel J. Dominguez, Daniel A. Small, Brent W. Johnson, and the law firm of Cohen Milstein Sellers & Toll PLLC are permitted to withdraw as counsel of record for Plaintiff Amanda Heidel. Signed by Magistrate Judge James R. Klindt on 8/16/2016. (MDC)
August 15, 2016 Mail returned as Undeliverable re: #264 Order on motion to compel. Mail unable to forward to James D. Griffin. (TSW)
August 15, 2016 Filing 278 MOTION for Manuel John Dominguez, Daniel A. Small, and Brent W. Johnson to withdraw as attorney by Amanda Heidel. (Dominguez, Manuel) Motions referred to Magistrate Judge James R. Klindt.
August 10, 2016 Filing 277 DECLARATION of Peggy Wedgworth re #276 MOTION to Compel Defendant CooperVision to Include Additional Custodians and Provide a Hit List (REDACTED) by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A-T)(DeVault, John)
August 10, 2016 Filing 276 MOTION to Compel Defendant CooperVision to Include Additional Custodians and Provide a Hit List (REDACTED) by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John) Motions referred to Magistrate Judge James R. Klindt.
August 10, 2016 Filing 275 MOTION for leave to file under seal Class Plaintiffs' Motion to Compel CooperVision to Include Additional Custodians and Declaration of Peggy Wegworth by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A)(DeVault, John)
August 4, 2016 Filing 274 NOTICE of change of address by Robert C. Gilbert (Gilbert, Robert)
August 2, 2016 Filing 273 APPEARANCE of non-resident counsel and designation of local counsel by Robert C. Gilbert on behalf of Miriam Pardoll, Dana Travis. Local Counsel: Robert C. Gilbert. Non-Resident Counsel: Mili G. Desai. (Gilbert, Robert)
August 1, 2016 Filing 272 NOTICE of change of address by Peter A. Barile, III (Barile, Peter)
July 27, 2016 Filing 271 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: TELEPHONIC DISCOVERY STATUS HEARING held on 7/27/2016. Plaintiffs to file motion/memorandum regarding custodians and possibly rolling production (as outlined in the notice (Doc. No. 265)), not to exceed 25 pages, no later than 8/10/2016; Defendants' responses to Plaintiffs' motion/memorandum, not to exceed 15 pages per Defendant, due no later than 8/24/2016. (DIGITAL) (MDC)
July 27, 2016 Filing 270 ANSWER and affirmative defenses with Jury Demand to #135 Amended Complaint by Bausch & Lomb, Inc..(Eckles, Paul)
July 27, 2016 Filing 269 ANSWER and affirmative defenses with Jury Demand to #135 Amended Complaint by Johnson & Johnson Vision Care, Inc..(Smith, Robert) Modified on 7/28/2016 (TSW).
July 27, 2016 Filing 268 ANSWER and affirmative defenses with Jury Demand to #135 Amended Complaint by Alcon Laboratories, Inc..(Marriott, David)
July 27, 2016 Filing 267 ANSWER with Jury Demand to #135 Amended Complaint by Cooper Vision, Inc..(Tanner, Michael) Modified on 7/28/2016 to edit text(TSW).
July 27, 2016 Filing 266 ANSWER and affirmative defenses with Jury Demand to #135 Amended Complaint by ABB Optical Group.(Waggoner, Dennis) Modified on 7/28/2016 to edit text(TSW).
July 26, 2016 Filing 265 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #204 Case management and scheduling order Regarding July 27, 2016 Telephonic Status Hearing (DeVault, John)
July 26, 2016 Mail returned as Undeliverable re: #251 Order on motion for extension of time to answer. Mail unable to forward to James D. Griffin. (TSW)
July 25, 2016 Opinion or Order Filing 264 ORDER granting in part, denying in part, and denying as moot in part #248 Class Plaintiffs' Motion to Compel Production of Documents from Defendants. Signed by Magistrate Judge James R. Klindt on 7/25/2016. (KAW)
July 21, 2016 Filing 263 NOTICE of voluntary dismissal by Amanda Heidel (Dominguez, Manuel)
July 14, 2016 Filing 262 DECLARATION of R. Troy Smith re #259 Response in Opposition to Motion by Johnson & Johnson Vision Care, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Robert)
July 14, 2016 Filing 261 DECLARATION of Christopher S. Yates re #258 Response to motion by Coopervision, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Tanner, Michael)
July 14, 2016 Filing 260 DECLARATION of Clay C. Arnold re #258 Response to motion by Coopervision, Inc.. (Tanner, Michael)
July 14, 2016 Filing 259 RESPONSE in Opposition re #248 MOTION to Compel Production of Documents from Defendants filed by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
July 14, 2016 Filing 258 RESPONSE to Motion re #248 MOTION to Compel Production of Documents from Defendants filed by Coopervision, Inc.. (Tanner, Michael)
July 14, 2016 Filing 257 DECLARATION of Misty L. Archambault re #256 Response in Opposition to Motion by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit 1--Alcon's Amended Responses and Objections)(Marriott, David)
July 14, 2016 Filing 256 RESPONSE in Opposition re #248 MOTION to Compel Production of Documents from Defendants ("Alcon Laboratories, Inc.'s Opposition To Class Plaintiffs' Motion To Compel Production Of Documents From Defendants") filed by Alcon Laboratories, Inc.. (Marriott, David)
July 14, 2016 Filing 255 RESPONSE in Opposition re #248 MOTION to Compel Production of Documents from Defendants filed by ABB Optical Group. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Waggoner, Dennis)
July 14, 2016 Filing 254 DECLARATION of Justine Haimi re #253 Response in Opposition to Motion by Bausch & Lomb, Incorporated. (Kifer, Jennifer)
July 14, 2016 Filing 253 RESPONSE in Opposition re #248 MOTION to Compel Production of Documents from Defendants filed by Bausch & Lomb, Incorporated. (Kifer, Jennifer)
July 8, 2016 Filing 252 NOTICE Regarding Resolution of Dispute in Class Plaintiffs' Motion to Compel by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson (Guglielmo, Joseph) Modified on 7/12/2016 to edit text (AET).
July 7, 2016 Mail returned as Undeliverable as to James D. Griffin re: #242 Order on Motion for Leave to File. (CKS)
July 5, 2016 Opinion or Order Filing 251 ORDER granting #250 Defendants' Unopposed Motion for Extension of Time to Answer Complaint; directing Defendants to answer #135 Plaintiffs' Corrected Consolidated Class Action Complaint no later than 7/27/2016. Signed by Magistrate Judge James R. Klindt on 7/5/2016. (CLR)
July 1, 2016 Filing 250 Unopposed MOTION for Extension of Time to File Answer re #135 Amended Complaint by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Cooper Vision, Inc., Johnson & Johnson Vision Care, Inc.. (Smith, Robert) Motions referred to Magistrate Judge James R. Klindt.
June 30, 2016 Mail returned as Undeliverable re: #239 Order on Motion to Withdraw as Attorney. Mail unable to forward to James D. Griffin. (TSW)
June 30, 2016 Filing 249 DECLARATION of Mili G. Desai re #248 MOTION to Compel Production of Documents from Defendants by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(DeVault, John)
June 30, 2016 Filing 248 MOTION to Compel Production of Documents from Defendants by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John) Motions referred to Magistrate Judge James R. Klindt.
June 22, 2016 Filing 247 NOTICE SETTING REGULAR TELEPHONIC DISCOVERY STATUS CONFERENCES. Telephonic discovery status conferences are set before James R. Klindt, United States Magistrate Judge, on the following dates: 7/27/2016 at 02:00 PM; 8/31/2016 at 02:00 PM; 10/5/2016 at 02:00 PM; 11/2/2016 at 02:00 PM; and 12/7/2016 at 02:00 PM. SEE NOTICE FOR INSTRUCTIONS ON CALLING IN FOR THE CONFERENCES. (KAW)
June 21, 2016 Filing 246 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: TELEPHONIC STATUS HERAING held on 6/21/2016. (DIGITAL) (MDC)
June 20, 2016 Filing 245 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #204 Case management and scheduling order, #241 Order Setting Hearing (DeVault, John)
June 20, 2016 Filing 244 NOTICE of voluntary dismissal by Tracy L. Gray, Danyelle D. Westphal (Bender, Thomas)
June 16, 2016 Mail returned as Undeliverable re: #237 Order. Mail unable to forward to James D. Griffin. (TSW)
June 16, 2016 Opinion or Order Filing 243 ORDER granting in part and denying in part #145 Motion and Memorandum of Law in Support; granting in part and denying in part #146 motion to dismiss; SEE ORDER FOR FURTHER DETAILS AND INSTRUCTIONS. Signed by Senior Judge Harvey E. Schlesinger on 6/15/2016. (MGG)
June 16, 2016 Opinion or Order Filing 242 ORDER denying #138 Motion for Leave to File Consolidated Amended Complaint Against the Retailer Defendants and to Appoint Hagens Berman Interim Class Counsel on Behalf of Direct Purchaser Plaintiffs. Signed by Senior Judge Harvey E. Schlesinger on 6/15/2016. (MGG)
June 7, 2016 Opinion or Order Filing 241 ORDER Setting Telephonic Status Hearing for 6/21/2016 at 02:00 PM in Jacksonville Courtroom 5 D before Magistrate Judge James R. Klindt. The parties shall call the Court's teleconferencing service at 1-888-684-8852 at least five minutes before the hearing is scheduled to begin. The access code is 2745123; the security code is 0621. Signed by Magistrate Judge James R. Klindt on 6/7/2016. (MDC)
June 6, 2016 Mail returned as Undeliverable re: #235 Order. Mail unable to forward to James D. Griffin. (TSW)
June 4, 2016 Filing 240 NOTICE of change of address by Linda Phyllis Nussbaum (Nussbaum, Linda)
June 1, 2016 Opinion or Order Filing 239 ORDER granting #238 Motion to Withdraw as Counsel of Record for Defendant ABB Optical Group. Kenneth J. Duvall is permitted to withdraw as counsel of record for Defendant ABB Optical Group in this matter. Defendant will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 5/31/2016. (MDC)
May 26, 2016 Filing 238 MOTION for Kenneth J. Duvall to withdraw as attorney by ABB Optical Group. (Duvall, Kenneth) Motions referred to Magistrate Judge James R. Klindt.
May 25, 2016 Opinion or Order Filing 237 ORDER granting Joint Stipulation for Dismissal of Action (Doc. No. 104 in Case No. 3:15-cv-734-J-20JRK) and dismissing this action without prejudice; the Clerk is directed to terminate all pending motions and close case number 3:15-cv-734-J-20JRK. Signed by Senior Judge Harvey E. Schlesinger on 5/25/2016. (MGG) Modified on 5/25/2016 as to text only (MGG).
May 25, 2016 Filing 236 NOTICE of Appearance by Peter A. Barile, III on behalf of Racquel Dizon-Ikei, Stacie Ikei, Rachel Miller, Lana Ohmes, Dusty Price, Jeffrey Stetler, Jessika Stetler, Sally Weinstein (Barile, Peter)
May 19, 2016 Opinion or Order Filing 235 ORDER granting #234 Notice of Change in Counsel, that is construed as a Motion of Gabriel D. Zeldin to Withdraw as Counsel of Record for Plaintiff John Machikawa. Gabriel D. Zeldin is permitted to withdraw as counsel of record for Plaintiff John Machikawa in this matter. Plaintiff will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 5/18/2016. (MDC)
May 17, 2016 Filing 234 MOTION to withdraw as counsel Gabriel D. Zeldin by John Machikawa of Change in Counsel (Steyer, Allan) Modified on 5/19/2016 to correct entry (TSW).
May 12, 2016 Filing 233 RESPONSE in Opposition re #221 MOTION for Discovery Motion to Participate in Discovery in MDL Litigation Costco Wholesale Corporation's Joinder in Lead Counsel's Opposition to Neforos' Motion to Coordinate and Participate in Discovery Proceedings filed by Costco Wholesale Corporation. (Burman, David)
May 4, 2016 Filing 232 RESPONSE re #219 Consent MOTION for leave to file One-Page Response to Plaintiffs' Notice of Supplemental Authority , #230 Order on Motion for Leave to File filed by ABB Optical Group, Alcon Laboratories, Inc., Bausch & Lomb, Incorporated, Cooper Vision, Inc., Johnson & Johnson Vision Care Inc.. (Tanner, Michael)
May 4, 2016 Filing 231 NOTICE by Megan Neforos re #221 MOTION for Discovery Motion to Participate in Discovery in MDL Litigation, #228 Response in Opposition to Motion "Clarification and Filing of Related Submission" (Attachments: #1 Exhibit Memorandum in Opposition to Costco's Motion to Dismiss)(McDonald, Wallace)
May 4, 2016 Opinion or Order Filing 230 ORDER granting #219 Motion for Leave to File One-Page Response; Response due on or before 5/16/16. Signed by Senior Judge Harvey E. Schlesinger on 5/4/2016. (MGG)
May 3, 2016 Opinion or Order Filing 229 ORDER ruling on issues addressed during the 4/25/2016 status hearing (including the number of depositions/interrogatories permitted in the Costco action, 3:15-cv-734-J-20JRK). Signed by Magistrate Judge James R. Klindt on 5/3/2016. (KAW)
May 3, 2016 Filing 228 RESPONSE in Opposition re #221 MOTION for Discovery Motion to Participate in Discovery in MDL Litigation filed by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (DeVault, John)
April 29, 2016 Mail returned as Undeliverable re: #216 Order. Mail unable to forward to James D. Griffin. (TSW)
April 27, 2016 Opinion or Order Filing 227 DOCUMENT PRESERVATION ORDER Signed by Senior Judge Harvey E. Schlesinger on 4/27/2016. (MGG)
April 27, 2016 Opinion or Order Filing 226 STIPULATED CONFIDENTIALITY ORDER Signed by Senior Judge Harvey E. Schlesinger on 4/27/2016. (MGG)
April 27, 2016 Opinion or Order Filing 225 ORDER Re: Discovery of Electronically Stored Information; SEE ORDER FOR FURTHER DETAILS AND INSTRUCTIONS Signed by Senior Judge Harvey E. Schlesinger on 4/27/2016. (MGG)
April 27, 2016 Filing 224 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RDR, CRR; dsmabishop@yahoo.com; (904)549-1307. (SB)
April 27, 2016 Filing 223 TRANSCRIPT of Digitally Recorded Telephonic Status Hearing held on April 25, 2016 before Judge James R. Klindt. Court Reporter/Transcriber Shannon M Bishop, RDR, CRR; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 5/18/2016, Redacted Transcript Deadline set for 5/31/2016, Release of Transcript Restriction set for 7/26/2016. (SB)
April 26, 2016 Mail returned as Undeliverable re: #216 Order. Mail unable to forward to Joseph C. Kohn. (TSW)
April 25, 2016 Filing 222 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: TELEPHONIC STATUS HEARING held on 4/25/2016. (DIGITAL) (MDC)
April 25, 2016 Filing 221 MOTION for Discovery Motion to Participate in Discovery in MDL Litigation by Megan Neforos. (McDonald, Wallace) Motions referred to Magistrate Judge James R. Klindt.
April 22, 2016 Filing 220 NOTICE by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #218 Order setting status conference Joint Letter re: April 25, 2016 Status Conference (DeVault, John) Modified on 4/25/2016 contacted counsel regarding filing(TSW).
April 19, 2016 Filing 219 Consent MOTION for leave to file One-Page Response to Plaintiffs' Notice of Supplemental Authority by All Defendants. (Tanner, Michael)
April 19, 2016 Opinion or Order Filing 218 ORDER setting telephonic status conference. Telephonic Status Hearing set for 4/25/2016 at 02:00 PM in Jacksonville Courtroom 5 D before Magistrate Judge James R. Klindt. The parties shall call the Court's teleconferencing service at 1-888-684-8852 at least five minutes before the hearing is scheduled to begin. The access code is 2745123; the security code is 0425. Signed by Magistrate Judge James R. Klindt on 4/19/2016. (MDC)
April 12, 2016 Filing 217 NOTICE of supplemental authority re #145 MOTION for miscellaneous relief, specifically, #146 MOTION to Dismiss Corrected Consolidated Class Action Complaint and Memorandum of Law in Support , #150 Response in Opposition to Motion by Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson. (Attachments: #1 Exhibit A)(DeVault, John)
April 8, 2016 Opinion or Order Filing 216 ORDER granting #215 Notice of Non-Affiliation With Minami Tamaki LLP Firm and Request for Removal of Name from Service List, that is construed as a Motion of Derek G. Howard to Withdraw as Counsel of Record for Gordon Mah, Andrew Morales, and Tamara O'Brien. Derek G. Howard is permitted to withdraw as counsel of record for PlaintiffsGordon Mah, Andrew Morales, and Tamara O'Brien in this matter. Plaintiffs will continue to be represented by the other counsel of record. Signed by Magistrate Judge James R. Klindt on 4/7/2016. (MDC)
April 4, 2016 Filing 215 NOTICE of Non-affiliation with Minami Tamaki LLP firm and request for removal of name from service list by Derek G. Howard (RH)
April 2, 2016 Filing 214 TRANSCRIPT of Motion Hearing held on 3/31/16 before Judge Harvey E. Schlesinger. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/25/2016, Redacted Transcript Deadline set for 5/3/2016, Release of Transcript Restriction set for 7/1/2016. (SMK)
April 2, 2016 Filing 213 TRANSCRIPT of Motion Hearing held on 3/30/16 before Judge Harvey E. Schlesinger. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/25/2016, Redacted Transcript Deadline set for 5/3/2016, Release of Transcript Restriction set for 7/1/2016. (SMK)
April 1, 2016 Filing 212 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shelli Kozachenko, 904.301.6842, shellikoz@gmail.com. (SMK)
April 1, 2016 Filing 211 TRANSCRIPT of Excerpt of Motion Hearing held on 3/31/16 before Judge Harvey E. Schlesinger. Court Reporter/Transcriber Shelli Kozachenko,Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/22/2016, Redacted Transcript Deadline set for 5/2/2016, Release of Transcript Restriction set for 6/30/2016. (SMK)
March 31, 2016 Filing 210 Minute Entry. Proceedings held before Senior Judge Harvey E. Schlesinger: MOTION HEARING held on 3/31/2016; taking under advisement #145 Motion and Memorandum of Law in Support of Their Motion to Dismiss Plaintiffs' Corrected Consolidated Class Action Complaint; taking under advisement #146 MOTION to Dismiss Corrected Consolidated Class Action Complaint and Memorandum of Law in Support. Court Reporter: Shelli Kozachenko (MGG)
March 30, 2016 Opinion or Order Filing 209 ORDER granting #205 Joint Motion to allow electronic equipment to the extent set forth in the Order; SEE ORDER FOR FURTHER DETAILS. Signed by Senior Judge Harvey E. Schlesinger on 3/30/2016. (MGG)
March 30, 2016 Opinion or Order Filing 208 ORDER granting #165 Notice of Voluntary Dismissal; dismissing without prejudice the causes of action against Defendants; directing the Clerk to terminate all pending motions and close Case No. 3:15-cv-795. Signed by Senior Judge Harvey E. Schlesinger on 3/30/2016. (MGG)
March 30, 2016 Filing 207 Minute Entry. Proceedings held before Senior Judge Harvey E. Schlesinger: MOTION HEARING held on 3/30/2016; taking under advisement #138 MOTION; taking under advisement (Doc. No. 12) MOTION in 3:15-cv-437-J-20JRK. Court Reporter: Shelli Kozachenko (MGG)
March 29, 2016 Opinion or Order Filing 206 ORDER granting in part and taking under advisement in part (205) Joint Motion for Permission to Use Electronic Equipment. The Motion is granted to the extent that counsel of record for all parties and their staff are permitted to bring personal electronic devices into the United States Courthouse on 3/30/16 and 3/31/2016 for the hearings scheduled on those dates in the following respective cases: 3:15-cv-437-J-20JRK and 3:15-md-2626-J-20JRK. (See Order for details.) Otherwise, the Motion is taken under advisement. Signed by Magistrate Judge James R. Klindt on 3/29/2016. Associated Cases: 3:15-md-02626-HES-JRK et al.(CLR)
March 24, 2016 Filing 205 Joint MOTION to allow electronic equipment, specifically Electronic and Other Related Equipment by Johnson & Johnson Vision Care, Inc.. (Smith, Robert)
March 24, 2016 Opinion or Order Filing 204 CASE MANAGEMENT AND SCHEDULING ORDER: Class Certification Hearing set for 2/22/17 at 1:30 PM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger; Oral Arguments on Motion(s) for Summary Judgment set for 3/14/18 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger; Final Pretrial Conference set for 7/18/2018 at 10:00 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger, Jury Trial set for 9/10/2018 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger; SEE ORDER FOR FURTHER DEADLINES, DETAILS AND INSTRUCTIONS. Signed by Senior Judge Harvey E. Schlesinger on 3/23/16. (MGG)
March 16, 2016 Filing 203 NOTICE by Melodie Alley, Rachel Berg, Amanda Cunha, Catherine Dingle, Susan G Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, Kathleen Schirf, Jennifer Sineni, Cora Beth Smith, Elyse Ulino, Brett Watson re #180 Case Management Report (Joint Notice of Agreement on Certain Case Management Deadlines and Remaining Case Management Issues in Dispute) (Attachments: #1 Exhibit A)(DeVault, John)