IN RE: DISPOSABLE CONTACT LENS ANTITRUST LITIGATION et al
| Elyse Ulino, Jennifer Sineni, John Machikawa, Alexis Ito, Tamara O'Brien, Susan Gordon, Sheryl Marean, BETH CORA SMITH, Rachel Berg, Kathleen Schirf, Brett Watson, CATHERINE DINGLE, Miriam Pardoll and Amanda Cunha |
| ALAN GLAZIER |
| Disposable Contact Lens Antitrust Litigation |
| 3:2017mc00016 |
| May 25, 2017 |
| US District Court for the Middle District of Florida |
| Jacksonville Office |
| XX US, Outside State |
| James R Klindt |
| Harvey E Schlesinger |
| Other Statutory Actions |
| MS:1017 |
| None |
Docket Report
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Filing 31
ORDER granting in part and denying in part #20 & S-21 Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier. Signed by Magistrate Judge James R. Klindt on 10/19/2017. (KAW)
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| Filing 30 RESPONSE re #29 Brief - Defendant Plaintiffs' Response to Supplemental Brief in Opposition to Plaintiffs' Motion to Enforce the Subpoena on Dr. Alan Glazier filed by Rachel Berg, Amanda Cunha, CATHERINE DINGLE, Susan Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, BETH CORA SMITH, Kathleen Schirf, Jennifer Sineni, Elyse Ulino, Brett Watson. (Attachments: #1 Affidavit Supplemental Declaration of Nathaniel C. Giddings, #2 Exhibit 1, #3 Exhibit 2)(Giddings, Nathaniel) Modified on 7/7/2017 counsel contacted in regards to using the correct case caption on all pleadings(TSW). |
| Filing 29 DEFENDANT'S BRIEF re #20 MOTION to Compel Enforcement of the Subpoena on Dr. Alan Glazier filed by ALAN GLAZIER. (Attachments: #1 Affidavit Declaration of Adam Bowser, #2 Affidavit Declaration of Alan Glazier)(Bowser, Adam) |
| Filing 27 REPLY to Response to Motion re #20 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. (originally filed in case 3:15-md-2626-J-20JRK on 11/30/2016 as doc#367). (TSW) |
| Filing 26 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. (originally filed in case 3:15-md-2626-J-20JRK on 11/17/2016 as doc# 362) (TSW) |
| Filing 25 RESPONSE to Plaintiff argument for subpoenaed information filed by Dr. Alan Glazier. (originally filed in case 3:15-md-2626-J-20JRK on 9/27/2016 as doc# 324) (TSW) |
| Filing 24 DECLARATION of J. Brad Berkshire re #20 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. (originally filed in case 3:15-md-2626-J-20JRK on 09/14/2016 as doc# 319) (TSW) |
| Filing 22 DECLARATION of Nathaniel C. Giddings re #20 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)(originally filed in case 3:15-md-2626-J-20JRK on 09/14/2017 as doc#320)(TSW) |
| Filing 20 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.(originally filed in case 3:15-md-2626-J-20JRK on 9/14/2016 as Doc#318) (TSW) Motions referred to Magistrate Judge James R. Klindt. |
| Sealed Document S-21, S-23, S-28. (TSW) |
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Filing 19
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)
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| Filing 18 Case Reassigned to Senior Judge Harvey E. Schlesinger. New case number: 3:17-mc-16-J-20JRK. (BD) |
| Filing 17 MINUTE Entry. Proceedings held before Magistrate Judge James R. Klindt: TELEPHONIC STATUS HEARING held on 6/7/2017. (DIGITAL) (MDC) |
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Filing 16
ORDER reassigning this case to the Honorable Harvey E. Schlesinger for all further proceedings. Signed by Judge Marcia Morales Howard on 6/7/2017. (JW)
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| Filing 15 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) |
| Filing 14 Unopposed MOTION to transfer case Plaintiffs' Unopposed Motion for Transfer of Related Case and Notice of Filing of Motion by Rachel Berg, Amanda Cunha, CATHERINE DINGLE, Susan Gordon, Alexis Ito, John Machikawa, Sheryl Marean, Tamara O'Brien, Miriam Pardoll, BETH CORA SMITH, Kathleen Schirf, Jennifer Sineni, Elyse Ulino, Brett Watson. (Gilbert, Robert) |
| Filing 13 NOTICE to counsel of new case number 3:17-mc-16-J-34JRK and judge assignment (Signed by Deputy Clerk). (BD) |
| Filing 12 Case transferred in from District of District of Columbia; Case Number 1:17-mc-00247. File received electronically |
| Case transferred to the United States District Court for the Middle District of Florida, pursuant to Court Order entered 05/18/2017. Sent to Court by extraction. (jf) [Transferred from dcd on 5/25/2017.] |
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Filing 11
ORDER GRANTING Movants #1 motion to transfer their motion to enforce the subpoena, and TRANSFERRING this matter to the United States District Court for the Middle District of Florida. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 5/18/2017. (lckbj1) [Transferred from dcd on 5/25/2017.]
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| Filing 10 REPLY to opposition to motion re #1 MOTION to Transfer Case MOTION to Enforce Movants Reply Memorandum of Law in Support of Motion to Transfer Enforcement of the Subpoena on Dr. Alan Glazier to The United States District Court for the Middle District of Florida, or in the Alternative, to Enforce the Subpoena filed by RACHEL BERG, AMANDA CUNHA, CATHERINE DINGLE, SUSAN GORDON, ALEXIS ITO, JOHN MACHIKAWA, SHERYL MAREAN, TAMARA O'BRIEN, MIRIAM PARDOLL, KATHLEEN SCHIRF, JENNIFER SINENI, BETH CORA SMITH, ELYSE ULINO, BRETT WATSON. (Giddings, Nathaniel) [Transferred from dcd on 5/25/2017.] |
| Filing 9 RESPONSE to Plaintiff Argument for Subpoenaed information filed by ALAN GLAZIER. (jf) [Transferred from dcd on 5/25/2017.] |
| Filing 8 RESPONSE re #1 MOTION to Transfer Case MOTION to Enforce filed by ALAN GLAZIER. (jf) [Transferred from dcd on 5/25/2017.] |
| Filing 7 NOTICE Pursuant to the Court's March 16, 2017 Minute Order by RACHEL BERG, AMANDA CUNHA, CATHERINE DINGLE, SUSAN GORDON, ALEXIS ITO, JOHN MACHIKAWA, SHERYL MAREAN, TAMARA O'BRIEN, MIRIAM PARDOLL, KATHLEEN SCHIRF, JENNIFER SINENI, BETH CORA SMITH, ELYSE ULINO, BRETT WATSON re Set Deadlines,,,,,,, (Giddings, Nathaniel) [Transferred from dcd on 5/25/2017.] |
| Filing 6 NOTICE of Appearance by Nathaniel C. Giddings on behalf of RACHEL BERG, AMANDA CUNHA, CATHERINE DINGLE, SUSAN GORDON, ALEXIS ITO, JOHN MACHIKAWA, SHERYL MAREAN, TAMARA O'BRIEN, MIRIAM PARDOLL, KATHLEEN SCHIRF, JENNIFER SINENI, BETH CORA SMITH, ELYSE ULINO, BRETT WATSON (Giddings, Nathaniel) [Transferred from dcd on 5/25/2017.] |
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MINUTE ORDER. On February 24, 2017, this Court ordered Dr. Glazier to respond to Movants' #1 Motion to Transfer Enforcement of the Subpoena, or in the Alternative, to Enforce the Subpoena, on or before March 10, 2017. That date has now passed, and Dr. Glazier has neither responded to the motion nor requested an extension of time to respond. Instead, Dr. Glazier, who is proceeding pro se, has filed two letters informing the Court that he "never received" the transfer motion. (See ECF Nos. #4, #5.) Because it is clear to this Court that Dr. Glazier is now in receipt of the transfer motion (which, at the very least, was sent to him as an attachment to an email from Movants on February 28, 2017), it is hereby ORDERED that, on or before March 27, 2017, Dr. Glazier shall file a response to the transfer motion that either consents to the proposed transfer or opposes the transfer, and Movants shall file any reply in further support of their motion on or before April 3, 2017. This Court advises Dr. Glazier that, if he fails to file a timely response as ordered herein, the Court may treat the transfer motion as conceded, see LCvR 7(b) (explaining that if a memorandum in opposition to a motion "is not filed within the prescribed time, the Court may treat the motion as conceded"), and it may also deem the failure to respond as "consent" to the proposed transfer under Federal Rule of Civil Procedure 45(f). It is FURTHER ORDERED that Movants shall promptly transmit to Dr. Glazier a copy of this Minute Order, as well as a copy of their #1 Motion and the accompanying exhibits, and shall file a notice with the Court verifying that they have done so. The Clerk of Court is directed to mail a copy of this Minute Order to Dr. Glazier at 15200 Shady Grove Rd. #100, Rockville, MD 20850. Signed by Judge Ketanji Brown Jackson on March 16, 2017. (lckbj2) [Transferred from dcd on 5/25/2017.]
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| Filing 5 Letter from Dr. Alan Glazier. "Let this be filed" signed by Judge Ketanji Brown Jackson on 03/10/2017 (jf) [Transferred from dcd on 5/25/2017.] |
| Filing 4 Letter from Dr. Alan Glazier. "Let this be filed" signed by Judge Ketanji Brown Jackson on 03/10/2017 (jf) [Transferred from dcd on 5/25/2017.] |
| Filing 3 Letter from Nathaniel C. Giddings. "Let this be filed" signed by Judge Ketanji Brown Jackson on 03/10/2017 (jf) [Transferred from dcd on 5/25/2017.] |
| Filing 2 NOTICE Pursuant to the Court's February 24, 2017 Minute Order by RACHEL BERG, AMANDA CUNHA, CATHERINE DINGLE, SUSAN GORDON, ALEXIS ITO, JOHN MACHIKAWA, SHERYL MAREAN, TAMARA O'BRIEN, MIRIAM PARDOLL, KATHLEEN SCHIRF, JENNIFER SINENI, BETH CORA SMITH, ELYSE ULINO, BRETT WATSON (Giddings, Nathaniel) [Transferred from dcd on 5/25/2017.] |
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MINUTE ORDER. Pending before the Court is a motion that Rachel Berg, Miriam Pardoll, Elyse Ulino, Jennifer Sineni, Susan Gordon, Cora Beth Smith, Brett Watson, Kathleen Schirf, Tamara O'Brien, John Machikawa, Amanda Cunha, Alexis Ito, Catherine Dingle and Sheryl Marean (collectively, "Movants") have filed. Movants are parties to a multi-district litigation that is pending in the United States District Court for the Middle District of Florida ("MDL Court"), and they have filed the instant motion seeking either to compel Dr. Alan Glazier to comply with a subpoena issued in connection with that case, or, preferably, to get an order from this Court transferring their motion to compel to the MDL Court for resolution. Movants have certified that they served their motion on Dr. Glazier (see Certificate of Service, ECF No. [1-1] at 31), and the deadline under this Court's Local Rules for a response to the motion has passed without Dr. Glazier responding to the motion or seeking an extension of time to do so. See LCvR 7(b) (opposition to a motion is due 14 days after service). Accordingly, it is hereby ORDERED that, on or before March 10, 2017, Dr. Glazier shall respond to Movants' motion to transfer or to compel, and Movants shall file any reply to Dr. Glazier's response in further support of their motion, on or before March 17, 2017. It is FURTHER ORDERED that Movants shall promptly transmit to Dr. Glazier a copy of this Minute Order, and shall file a notice with this Court verifying that they have done so. The Clerk of Court is directed to mail a copy of this Minute Order to Dr. Alan Glazier at 15200 Shady Grove Rd. #100, Rockville, MD 20850. Signed by Judge Ketanji Brown Jackson on February 24, 2017. (lckbj2) [Transferred from dcd on 5/25/2017.]
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| Filing 1 MOTION to Transfer ENFORCEMENT OF THE SUBPOENA ON DR. ALAN GLAZIER TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIA, OR IN THE ALTERNATIVE, MOTION to Enforce THE SUBPOENA by RACHEL BERG, AMANDA CUNHA, CATHERINE DINGLE, SUSAN GORDON, ALEXIS ITO, JOHN MACHIKAWA, SHERYL MAREAN, TAMARA O'BRIEN, MIRIAM PARDOLL, KATHLEEN SCHIRF, JENNIFER SINENI, BETH CORA SMITH, ELYSE ULINO, BRETT WATSON (Attachments: #1 Memorandum in Support, #2 Declaration of Nathaniel C. Giddings, #3 Declaration of Nathaniel C. Giddings - Exhibit A - Glazier Subpoena, #4 Declaration of Nathaniel C. Giddings - Exhibit B - Dr. Glazier Answers to RFPs, #5 Declaration of Nathaniel C. Giddings - Exhibit C - Publicly Available ODs on Facebook 9-12-16, #6 Declaration of Nathaniel C. Giddings - Exhibit D - Publicly Available ODs on Facebook 1-19-17, #7 Declaration of Nathaniel C. Giddings - Exhibit E - ECF No. 318 Plaintiffs Motion to Enforce the Su, #8 Declaration of Nathaniel C. Giddings - Exhibit F - ECF No. 319 Declaration of J. Brad Berkshire, #9 Declaration of Nathaniel C. Giddings - Exhibit G - ECF No. 320 Giddings Decl iso Plaintiffs Motion, #10 Declaration of Nathaniel C. Giddings - Exhibit H - ECF No. 324 Glazier Response to Plaintiff Argume, #11 Declaration of Nathaniel C. Giddings - Exhibit I - ECF No.367 Plaintiffs Reply iso Their Motion to, #12 Declaration of Nathaniel C. Giddings - Exhibit J -ECF No. 384 Order on Motion to Compel Dr. Glazier, #13 Declaration of Nathaniel C. Giddings - Exhibit K - Glazier Email Declining Jurisdiction (1-19-17), #14 Declaration of Nathaniel C. Giddings - Exhibit L - ECF No. 389 - Order Dismissing Glazier MTC wo Pr, #15 Text of Proposed Order)(zrdj) [Transferred from dcd on 5/25/2017.] |
| Filing fee in the amount of $ 47.00, receipt number 4616082801 re #1 MOTION to Transfer ENFORCEMENT OF THE SUBPOENA ON DR. ALAN GLAZIER TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIA, OR IN THE ALTERNATIVE, MOTION to Enforce THE SUBPOENA (zrdj) [Transferred from dcd on 5/25/2017.] |
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