Alcon Vision, LLC. v. Lens.com, Inc.

Plaintiff: Alcon Vision, LLC
Defendant: Lens.com, Inc.
Counter Defendant: Novartis AG
Case Number: 3:2019cv00706
Filed: June 12, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: James R Klindt
Referring Judge: Harvey E Schlesinger
Nature of Suit: Trademark
Cause of Action: 15:1114
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on June 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 12, 2019 Filing 73 Case transferred in from District of New York Eastern; Case Number 1:18-cv-00407. File received electronically
June 12, 2019 Pursuant to re #72 JPMDL Conditional Transfer Order, part of this case is transferred to the Middle District of Florida and, with the consent of that court, assigned to the Honorable Harvey E. Schlesinger for inclusion in the coordinated or consolidated pretrial proceedings. All claims and counterclaims except for the two counterclaims (Counts III and IV) relating to Alcons institution of universal pricing policies are separated and simultaneously remanded, under 28 U.S.C. 1407(a), to the Eastern District of York. Part of this case has been extracted and sent to Middle District of Florida, (Marziliano, August) [Transferred from nyed on 6/12/2019.]
June 12, 2019 Filing 72 CERTIFIED COPY OF JPMDL TRANSFER ORDER WITH SIMULTANEOUS SEPARATION AND REMAND OF CERTAIN CLAIMS : IT IS THEREFORE ORDERED that the action listed on Schedule A is transferred to the Middle District of Florida and, with the consent of that court, assigned to the Honorable Harvey E. Schlesinger for inclusion in the coordinated or consolidated pretrial proceedings. IT IS FURTHER ORDERED THAT all claims and counterclaims except for the two counterclaims (Counts III and IV) relating to Alcons institution of universal pricing policies are separated and simultaneously remanded, under 28 U.S.C. 1407(a), to the Eastern District of York. (Marziliano, August) [Transferred from nyed on 6/12/2019.]
June 10, 2019 Filing 71 TRANSCRIPT of Proceedings held on May 21, 2019, before Judge Mann. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/1/2019. Redacted Transcript Deadline set for 7/11/2019. Release of Transcript Restriction set for 9/9/2019. (Hong, Loan) [Transferred from nyed on 6/12/2019.]
June 6, 2019 ELECTRONIC ORDER granting #59 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Ordered by Chief Mag. Judge Roanne L. Mann on 6/6/2019. (Proujansky, Josh) [Transferred from nyed on 6/12/2019.]
June 6, 2019 Filing 70 JPMDL TRANSFER ORDER WITH SIMULTANEOUS SEPARATION AND REMAND OF CERTAIN CLAIMS : IT IS THEREFORE ORDERED that the action listed on Schedule A is transferred to the Middle District of Florida and, with the consent of that court, assigned to the Honorable Harvey E. Schlesinger for inclusion in the coordinated or consolidated pretrial proceedings. IT IS FURTHER ORDERED THAT all claims and counterclaims except for the two counterclaims (Counts III and IV) relating to Alcons institution of universal pricing policies are separated and simultaneously remanded, under 28 U.S.C. 1407(a), to the Eastern District of York. (Marziliano, August) [Transferred from nyed on 6/12/2019.]
May 29, 2019 Filing 69 STATUS REPORT Regard Adoption of a Stipulated Protective Order by Lens.com, Inc. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
May 21, 2019 Filing 68 Minute Entry and Order for proceedings held before Chief Mag. Judge Roanne L. Mann on 5/21/2019. The Court hears lengthy argument on the parties' dispute regarding the attorneys'-eyes-only provision to be included in a confidentiality stipulation to be submitted for court approval. The Court provides guidance to the parties, on the record, and directs them to attempt to jointly draft a stipulation that takes into account the Court's concerns. A joint status report is due by May 29, 2019. See attached. (Proujansky, Josh) [Transferred from nyed on 6/12/2019.]
May 17, 2019 Filing 67 AMENDED ANSWER to #39 Answer to Amended Complaint, Counterclaim, #20 Amended Complaint , COUNTERCLAIM against Alcon Vision, LLC., Novartis AG by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
May 15, 2019 Opinion or Order ORDER granting #66 Motion for Extension of Time to Answer. Ordered by Chief Mag. Judge Roanne L. Mann on 5/15/2019. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
May 14, 2019 Filing 66 Joint MOTION for Extension of Time to File Answer re Pre Motion Conference,,, #39 Answer to Amended Complaint, Counterclaim ; Stipulation and [Proposed] Order to Extend Time for Novartis AG to Respond to Counterclaims by Novartis AG. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
May 13, 2019 Filing 65 CERTIFICATE OF SERVICE by Lens.com, Inc. re #45 Letter, #44 Summons Issued, #39 Answer to Amended Complaint, Counterclaim (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
May 2, 2019 Filing 64 REPLY in Support re Order on Motion for Leave to File, #61 Letter MOTION for Protective Order filed by Lens.com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
May 2, 2019 Opinion or Order ORDER granting #63 Motion for Leave to File. (Counsel are reminded to send to chambers hard courtesy copies of all submissions that are at least 25 pages long, consistent with my Individual Rules.) Ordered by Chief Mag. Judge Roanne L. Mann on 5/2/2019. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
May 1, 2019 Filing 63 Letter MOTION for Leave to File Document Letter Motion requesting leave to file a reply in support of it's Motion for a Protective Order by Lens.com, Inc.. (Attachments: #1 Proposed Reply) (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
April 30, 2019 Filing 62 RESPONSE in Opposition re #61 Letter MOTION for Protective Order filed by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
April 26, 2019 ELECTRONIC ORDER: Deferring decision on DE #61. Plaintiff's response to DE #61 is due by April 30, 2019. Ordered by Chief Mag. Judge Roanne L. Mann on 4/26/2019. (Cardenas, Alex) [Transferred from nyed on 6/12/2019.]
April 26, 2019 Filing 61 Letter MOTION for Protective Order by Lens.com, 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) (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
April 18, 2019 Filing 60 Corporate Disclosure Statement by Alcon Vision, LLC. identifying Corporate Parent Alcon Inc. for Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
April 17, 2019 Minute Entry for proceedings held before Judge Nina Gershon: Case called. Pre Motion Conference held. Jamie Levitt, Janie Buckley and Michael Miller for the plaintiff, Alcon Vision, LLC. Mark Bettilyon, Nathan Thomas and William Natbony for the defendant, Lens.com, Inc. In response to the proposed Motion to Dismiss the Counterclaims, Lens.com agreed to file an Amended Answer and Counterclaims by May 17, 2019. Any Motion to Dismiss shall be served by June 17, 2019. Opposition papers shall be served by July 15, 2019, and any reply served by July 25, 2019. Regarding the motion for preliminary injunction, opposition papers shall be served by May 31, 2019, and any reply served by June 14, 2019. Parties are reminded to file their documents in accordance with the Court's bundling rule. (Court Reporter Sophie Nolan.) (Joe, Victor) [Transferred from nyed on 6/12/2019.]
April 16, 2019 Filing 59 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11391062. by Lens.com, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing (Utah), #3 Exhibit Certificate of Standing (Utah)) (Thomas, Nathan) [Transferred from nyed on 6/12/2019.]
April 15, 2019 Filing 58 TRANSCRIPT of Proceedings held on April 8, 2019, before Judge Mann. Court Transcriber: Transcription Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/6/2019. Redacted Transcript Deadline set for 5/16/2019. Release of Transcript Restriction set for 7/15/2019. (Rocco, Christine) [Transferred from nyed on 6/12/2019.]
April 10, 2019 Opinion or Order ORDER: The parties should be prepared to discuss a briefing schedule for plaintiff's motion for a preliminary injunction at the April 17, 2019 pre-motion conference, scheduled for 10:30 AM in Courtroom 6D South. Ordered by Judge Nina Gershon on 4/10/2019. (Klemme, Joseph) [Transferred from nyed on 6/12/2019.]
April 9, 2019 Filing 57 NOTICE of Appearance by Michael B. Miller on behalf of Alcon Laboratories, Inc. (aty to be noticed) (Miller, Michael) [Transferred from nyed on 6/12/2019.]
April 8, 2019 Filing 56 Minute Entry for proceedings held before Chief Mag. Judge Roanne L. Mann: Initial Conference Hearing held on 4/8/2019. Fact discovery is to be completed by February 28, 2020. See attached Minute Entry. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
April 8, 2019 Opinion or Order ORDER granting #53 Motion to Amend/Correct/Supplement. Application granted, on consent. The caption is deemed amended.Ordered by Chief Mag. Judge Roanne L. Mann on 4/8/2019. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
April 5, 2019 Filing 55 Letter (Copy of Cover Letter Enclosing Plaintiff's Motion for Preliminary Injunction Papers) by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
April 5, 2019 Filing 54 Letter to Judge Mann from Mark Bettilyon notifying the Court that Counterclaim Defendant Novartis AG has not filed an answer or otherwise responded to Lens.com's Counterclaims by Lens.com, Inc. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
April 1, 2019 Filing 53 Letter MOTION to Amend/Correct/Supplement Case Caption by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit A) (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
March 29, 2019 Opinion or Order ORDER granting #49 Motion for Pre Motion Conference. Pre Motion Hearing set for 4/17/2019 at 10:30 AM in Courtroom 6D South before Judge Nina Gershon. Ordered by Judge Nina Gershon on 3/29/2019. (Joe, Victor) [Transferred from nyed on 6/12/2019.]
March 28, 2019 Opinion or Order ORDER. On March 28, 2019, defense counsel filed a docket entry, titled "Letter for use of electronic devices during conference on April 8, 2019." which attaches what appears to be a form order of the Southern District of New York, filled out to authorize three defense counsel to bring to this Court, on April 8, 2019, cellphones, laptops and a tablet. See Docket Entry #52. This Court's Individual Rules require that any request for judicial action be docketed into ECF as a motion and that the movant state whether opposing counsel consents or objects. The Court therefore declines to approve the proposed order. In any event, in the Eastern District of New York, attorneys with proper attorney identification are permitted to bring such electronic devices to court. Ordered by Chief Mag. Judge Roanne L. Mann on 3/28/2019. (Kelson, Lise) Modified on 3/28/2019 (Proujansky, Josh). [Transferred from nyed on 6/12/2019.]
March 28, 2019 Filing 52 Letter for use of electronic devices during Conference on April 8, 2019 by Lens.com, Inc. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
March 28, 2019 Filing 51 RESPONSE to Motion re #49 Letter MOTION for pre motion conference re #39 Answer to Amended Complaint, Counterclaim filed by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
March 25, 2019 Filing 50 NOTICE of Appearance by Janie C. Buckley on behalf of Alcon Laboratories, Inc. (aty to be noticed) (Buckley, Janie) [Transferred from nyed on 6/12/2019.]
March 21, 2019 Filing 49 Letter MOTION for pre motion conference re #39 Answer to Amended Complaint, Counterclaim by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
March 20, 2019 Filing 48 Corporate Disclosure Statement by Lens.com, Inc. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
March 12, 2019 Opinion or Order ORDER denying #46 Motion to Adjourn Conference. Having considered the parties' submissions and the prior proceedings in this case, and having consulted with Judge Gershon about the same, this Court denies defendant's motion (DE #46) to stay discovery and to adjourn the April 8th initial conference. The basis for defendant's motion is the pendency of its request to transfer the case to the Middle District of Florida to join a multi-district litigation ("MDL") (i.e., 15-md-2626) that has been pending since 2015. However, as plaintiff observes in opposing defendant's motion (DE #47), fact discovery in the MDL has closed, a class has been certified, and dispositive motions are pending. Meanwhile, since the instant case was initiated almost fourteen months ago, no discovery has been conducted, on account of defendant's unsuccessful motion to dismiss or to transfer venue to the District of Nevada. See Opinion and Order (Jan. 17, 2019), DE #37. Significantly, in now seeking transfer of the case to the MDL, defendant relies not on plaintiff's claims but rather on its own counterclaims as the linchpin for that request. The Court declines to further delay the progress of this case. The April 8th initial conference will go forward as scheduled. The Court reaffirms its Order of February 20, 2019: the parties are directed to promptly commence discovery in the interim. If defendant wishes to pursue its claims against Novartis AG, it must expeditiously arrange for service. Ordered by Chief Mag. Judge Roanne L. Mann on 3/12/2019. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
March 11, 2019 Filing 47 RESPONSE in Opposition re #46 Letter MOTION to Adjourn Conference Presently Set for April 8, 2019 and to Stay Discovery filed by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit A) (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
March 7, 2019 Opinion or Order ORDER deferring ruling on #46 Plaintiff is directed to respond to this letter-motion by March 11, 2019. Ordered by Chief Mag. Judge Roanne L. Mann on 3/7/2019. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
March 6, 2019 Filing 46 Letter MOTION to Adjourn Conference Presently Set for April 8, 2019 and to Stay Discovery by Lens.com, Inc.. (Attachments: #1 Exhibit 1) (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
February 28, 2019 Filing 45 Letter to Justice Gershon Notifying the Court that Lens.com filed a Notice of Potential Tag-Along Action before the United States Judicial Panel on Multidistrict Litigation (JPML) by Lens.com, Inc. (Attachments: #1 Exhibit- Conditional Transfer Order (CTO-6), #2 Exhibit- Notice of Potential Tag-ALong Action) (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
February 23, 2019 Opinion or Order ORDER granting #43 Motion for Leave to Appear Pro Hac Vice. Ordered by Chief Mag. Judge Roanne L. Mann on 2/23/2019. (Joe, Victor) [Transferred from nyed on 6/12/2019.]
February 21, 2019 Opinion or Order ORDER. [43-3] is So-ordered. Ordered by Chief Mag. Judge Roanne L. Mann on 2/21/2019. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
February 20, 2019 Opinion or Order ORDER granting #42 Motion to Adjourn Conference. Application granted, on consent. The February 28th initial conference is adjourned to April 8, 2019 at noon. The parties are directed to promptly commence discovery in the interim. Ordered by Chief Mag. Judge Roanne L. Mann on 2/20/2019. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
February 20, 2019 Filing 44 Summons Issued as to Novartis AG. (Barrett, C) [Transferred from nyed on 6/12/2019.]
February 20, 2019 Filing 43 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11217203. by Alcon Laboratories, Inc.. (Attachments: #1 Affidavit of Sabrina Larson in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing, #3 Proposed Order Granting Admission to Practice Pro Hac Vice) (Larson, Sabrina) [Transferred from nyed on 6/12/2019.]
February 20, 2019 Filing 42 Letter MOTION to Adjourn Conference by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
February 15, 2019 Opinion or Order Filing 41 SCHEDULING ORDER: Initial Conference is set for 2/28/2019 @ 3:30 p.m. in Courtroom 13C South, 225 Cadman Plaza East, Brooklyn, New York before Chief Mag. Judge Roanne L. Mann. SEE ATTACHED ORDER AND MANDATORY REQUIREMENTS FOR CONFERENCE. ****NOTE: bring the number of copies for distribution of the completed initial conference questionnaire to the conference that you will need. Ordered by Chief Mag. Judge Roanne L. Mann on 2/15/2019. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
February 14, 2019 Filing 40 Proposed Summons. Re #39 Answer to Amended Complaint, Counterclaim by Lens.com, Inc. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
February 14, 2019 Filing 39 Defendant Lens.Com's ANSWER to #20 Amended Complaint , COUNTERCLAIM against Alcon Laboratories, Inc., Novartis AG by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
January 25, 2019 Opinion or Order ORDER granting #38 Motion for Extension of Time to File Response/Reply. Ordered by Judge Nina Gershon on 1/25/2019. (Joe, Victor) [Transferred from nyed on 6/12/2019.]
January 23, 2019 Filing 38 Letter MOTION for Extension of Time to File Response/Reply as to #37 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Change Venue Requesting an extension of Lens.coms deadline to file a responsive pleading until and including February 14, 2019 and Alcons deadline to respond to Lens.coms forthcoming counterclaims until March 21, 2019. by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
January 17, 2019 Opinion or Order Filing 37 OPINION AND ORDER denying #26 Motion to Dismiss for Lack of Jurisdiction, denying #26 Motion to Change Venue. Ordered by Judge Nina Gershon on 1/16/2019. (Barrett, C) [Transferred from nyed on 6/12/2019.]
January 9, 2019 Minute Entry for proceedings held before Judge Nina Gershon: Janie Buckley and Jamie Levitt for Alcon Laboratories, Inc. Mark Bettilyon, Peter De Jonge, and William Natbony for Lens.com. Oral argument hearing held on 1/9/2019. The Court's decision is reserved. (Court Reporter Annette Montalvo.) Transcript requested. (Joe, Victor) Modified on 1/11/2019 (Joe, Victor). [Transferred from nyed on 6/12/2019.]
November 26, 2018 Opinion or Order ORDER granting #22 Motion for Hearing. Oral argument set for 1/9/2019 at 10:30 AM in Courtroom 6D South before Judge Nina Gershon. Ordered by Judge Nina Gershon on 11/26/2018. (Vieyra, Elizabeth) [Transferred from nyed on 6/12/2019.]
November 26, 2018 Opinion or Order ORDER granting #36 Motion to Adjourn Conference. The oral argument scheduled for 12/10/2018 is adjourned until 1/9/19. Ordered by Judge Nina Gershon on 11/26/2018. (Vieyra, Elizabeth) [Transferred from nyed on 6/12/2019.]
November 20, 2018 Filing 36 Letter MOTION to Adjourn Conference Letter to Judge Gershon requesting an adjournment of the 12/10/2018 Hearing by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
November 19, 2018 Set/Reset Hearings: Oral argument set for 12/10/2018 at 10:30 AM in Courtroom 6D South before Judge Nina Gershon. (Joe, Victor) [Transferred from nyed on 6/12/2019.]
July 19, 2018 Filing 35 AFFIDAVIT/DECLARATION in Support re #26 Notice of MOTION to Dismiss for Lack of Jurisdiction or to Transfer Venue MOTION to Change Venue - Declaration of Mark Bettilyon in Further Support of Lens.com Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction or to Transfer Venue filed by Lens.com, Inc.. (Attachments: #1 Exhibit Q, #2 Exhibit R) (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
July 19, 2018 Filing 34 REPLY in Support re #26 Notice of MOTION to Dismiss for Lack of Jurisdiction or to Transfer Venue MOTION to Change Venue - Defendant Lens.com, Inc.'s Reply in Further Support of Motion to Dismiss for Lack of Personal Jurisdiction or to Transfer Venue filed by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
July 19, 2018 Filing 33 AFFIDAVIT/DECLARATION in Opposition re #26 Notice of MOTION to Dismiss for Lack of Jurisdiction or to Transfer Venue MOTION to Change Venue /Declaration of Richard Bergner in Support of Plaintiff's Opposition to Lens.com's Motion to Dismiss for Lack of Personal Jurisdiction or to Transfer Venue filed on behalf of Alcon Laboratories, Inc. filed by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
July 19, 2018 Filing 32 AFFIDAVIT/DECLARATION in Opposition re #26 Notice of MOTION to Dismiss for Lack of Jurisdiction or to Transfer Venue MOTION to Change Venue / Declaration of Sarah L. Prutzman in Support of Plaintiffs Opposition to Lens.com's Motion to Dismiss for Lack of Personal Jurisdiction or to Transfer Venue filed on behalf of Alcon Laboratories, Inc. filed by Lens.com, 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) (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
July 19, 2018 Filing 31 AFFIDAVIT/DECLARATION in Opposition re #26 Notice of MOTION to Dismiss for Lack of Jurisdiction or to Transfer Venue MOTION to Change Venue /Declaration of Richard Fabio in Support of Plaintiffs Opposition to Lens.com's Motion to Dismiss for Lack of Personal Jurisdiction or to Transfer Venue - filed on behalf of Alcon Laboratories, Inc. filed by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
July 19, 2018 Filing 30 MEMORANDUM in Opposition re #26 Notice of MOTION to Dismiss for Lack of Jurisdiction or to Transfer Venue MOTION to Change Venue filed on behalf of Plaintiff Alcon Laboratories, Inc. filed by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
July 19, 2018 Filing 29 Letter from Jamie A. Levitt to Mark Bettilyon re Plaintiff Alcon Laboratories, Inc.'s Opposition to Lens.com, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction or to Transfer Venue by Lens.com, Inc. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
July 19, 2018 Filing 28 AFFIDAVIT/DECLARATION in Support re #26 Notice of MOTION to Dismiss for Lack of Jurisdiction or to Transfer Venue MOTION to Change Venue filed by Lens.com, 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 Certificate of Service) (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
July 19, 2018 Filing 27 MEMORANDUM in Support re #26 Notice of MOTION to Dismiss for Lack of Jurisdiction or to Transfer Venue MOTION to Change Venue filed by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
July 19, 2018 Filing 26 Notice of MOTION to Dismiss for Lack of Jurisdiction or to Transfer Venue, MOTION to Change Venue by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
July 19, 2018 Filing 25 Letter to the Hon. Nina Gershon from Mark Bettilyon re full briefing of Lens.com's Motion to Dismiss for Lack of Personal Jurisdiction or to Transfer Venue by Lens.com, Inc. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
June 29, 2018 Opinion or Order ORDER granting #23 Motion to Withdraw as Attorney. Attorney Joyce Liou terminated. Ordered by Chief Mag. Judge Roanne L. Mann on 6/29/2018. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
June 28, 2018 Filing 24 AFFIDAVIT/DECLARATION in Support re #23 MOTION to Withdraw as Attorney filed by Alcon Laboratories, Inc.. (Liou, Joyce) [Transferred from nyed on 6/12/2019.]
June 28, 2018 Filing 23 MOTION to Withdraw as Attorney by Alcon Laboratories, Inc.. (Attachments: #1 Proposed Order of Withdrawal of Joyce Liou as Counsel of Record) (Liou, Joyce) [Transferred from nyed on 6/12/2019.]
June 7, 2018 Filing 22 Letter MOTION for Hearing / Oral Argument regarding Lens.com, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction or to Transfer Venue by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
June 7, 2018 Filing 21 Letter to Jaime Levitt of Morrison & Foerster LLP re service of Motion to Dismiss for lack of personal jurisdiction or to transfer venue by Lens.com, Inc. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
May 10, 2018 Filing 20 AMENDED COMPLAINT against Lens.com, Inc., filed by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
May 9, 2018 Filing 19 NOTICE of Appearance by Sarah Lenore Prutzman on behalf of Alcon Laboratories, Inc. (aty to be noticed) (Prutzman, Sarah) [Transferred from nyed on 6/12/2019.]
April 25, 2018 Minute Entry for proceedings held before Judge Nina Gershon: Pre Motion Conference held on 4/25/2018. Jamie A. Levitt for the plaintiff. Mark M. Bettilyon, Peter M. De Jonge, and William J. Natbony for the defendant. The court ordered the following on the record: Plaintiff will file its Amended Complaint, if any, no later than May 16, 2018. Plaintiff is to notify defendant and the court in advance of May 16, 2018 if plaintiff elects not to amend at that time. The following briefing schedule was ordered on the record for the defendant's motion: Defendant shall serve its motion papers no later than 4 weeks from the date of plaintiff's filing of an amended complaint or plaintiff's notification that it will not presently amend. Plaintiff shall serve its opposition papers within 4 weeks. A reply shall be filed and served within 2 weeks, in accordance with the court's bundling rule. [Transferred from nyed on 6/12/2019.]
March 15, 2018 Opinion or Order ORDER granting #17 Motion for Pre Motion Conference Pre Motion Hearing set for 4/25/2018 at 10:30 AM in Courtroom 6D South before Judge Nina Gershon.. Ordered by Judge Nina Gershon on 3/15/2018. (Joe, Victor) [Transferred from nyed on 6/12/2019.]
March 14, 2018 Filing 18 RESPONSE in Opposition re #17 MOTION for pre motion conference regarding motion to dismiss for lack of personal jurisdiction or, in the alternative, to transfer venue to the District of Nevada and for a stay of all other proceedings in this case filed by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
March 9, 2018 ELECTRONIC ORDER granting #16 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Chief Mag. Judge Roanne L. Mann on 3/9/2018. (Proujansky, Josh) [Transferred from nyed on 6/12/2019.]
March 9, 2018 Filing 17 MOTION for pre motion conference regarding motion to dismiss for lack of personal jurisdiction or, in the alternative, to transfer venue to the District of Nevada and for a stay of all other proceedings in this case by Lens.com, Inc.. (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
March 9, 2018 Filing 16 MOTION for Leave to Appear Pro Hac Vice for Peter de Jonge Filing fee $ 150, receipt number 0207-10262341. by Lens.com, Inc.. (Attachments: #1 Affidavit In Support, #2 Exhibit Certificate of Good Standing) (De Jonge, Peter) [Transferred from nyed on 6/12/2019.]
March 9, 2018 ELECTRONIC ORDER granting #14 Motion for Leave to Appear Pro Hac Vice ; granting #15 Motion for Leave to Appear Pro Hac Vice. So-ordered. Ordered by Chief Mag. Judge Roanne L. Mann on 3/9/2018. (Godoy-Dalmau, Gabriel) [Transferred from nyed on 6/12/2019.]
March 8, 2018 Filing 15 MOTION for Leave to Appear Pro Hac Vice for Catherine M. Maness Filing fee $ 150, receipt number 0207-10260818. by Lens.com, Inc.. (Attachments: #1 Affidavit in Support, #2 Certificates of Good Standing) (Maness, Catherine) [Transferred from nyed on 6/12/2019.]
March 8, 2018 Filing 14 MOTION for Leave to Appear Pro Hac Vice for Mark Bettilyon Filing fee $ 150, receipt number 0207-10260795. by Lens.com, Inc.. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing) (Bettilyon, Mark) [Transferred from nyed on 6/12/2019.]
March 8, 2018 Filing 13 NOTICE of Appearance by William J. Natbony on behalf of Lens.com, Inc. (aty to be noticed) (Natbony, William) [Transferred from nyed on 6/12/2019.]
February 27, 2018 Filing 12 SUMMONS Returned Executed by Alcon Laboratories, Inc.. Lens.com, Inc. served on 2/23/2018, answer due 3/16/2018. (Taylor, Jennifer) [Transferred from nyed on 6/12/2019.]
February 23, 2018 Filing 11 Letter Regarding Service of Case Commencement Documents and Motion Papers by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
February 1, 2018 Opinion or Order ORDER granting #8 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Mag. Judge Roanne L. Mann on 2/1/2018. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
February 1, 2018 Opinion or Order ORDER granting #9 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Chief Mag. Judge Roanne L. Mann on 2/1/2018. (Kelson, Lise) [Transferred from nyed on 6/12/2019.]
January 31, 2018 Filing 10 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) [Transferred from nyed on 6/12/2019.]
January 30, 2018 Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10157907. by Alcon Laboratories, Inc.. (Attachments: #1 Affidavit of Joyce Liou In Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificates of Good Standing, #3 Proposed Order Granting Admission to Practice Pro Hac Vice) (Liou, Joyce) [Transferred from nyed on 6/12/2019.]
January 30, 2018 Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10157863. by Alcon Laboratories, Inc.. (Attachments: #1 Affidavit of Jennifer Lee Taylor In Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificates of Good Standing, #3 Proposed Order Granting Admission to Practice Pro Hac Vice) (Taylor, Jennifer) [Transferred from nyed on 6/12/2019.]
January 22, 2018 Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from nyed on 6/12/2019.]
January 22, 2018 Filing 6 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from nyed on 6/12/2019.]
January 19, 2018 Filing 5 Summons Issued as to Lens.com, Inc.. (Bowens, Priscilla) [Transferred from nyed on 6/12/2019.]
January 19, 2018 Case assigned to Judge Nina Gershon and Chief Mag. Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from nyed on 6/12/2019.]
January 19, 2018 Filing 4 Corporate Disclosure Statement by Alcon Laboratories, Inc. identifying Corporate Parent Novartis AG for Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
January 19, 2018 Filing 3 Proposed Summons. Re #1 Complaint by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
January 19, 2018 Filing 2 Civil Cover Sheet.. Re #1 Complaint by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]
January 19, 2018 Filing 1 COMPLAINT against Lens.com, Inc. filing fee $ 400, receipt number 0207-10131705 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 6/12/2019.]

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Search for this case: Alcon Vision, LLC. v. Lens.com, Inc.
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Plaintiff: Alcon Vision, LLC
Represented By: Sabrina Larson
Represented By: Jennifer Lee Taylor
Represented By: Michael B. Miller
Represented By: Sarah Lenore Prutzman
Represented By: Jamie A. Levitt
Represented By: Joyce Liou
Represented By: Janie C. Buckley
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Defendant: Lens.com, Inc.
Represented By: Mark M. Bettilyon
Represented By: William J. Natbony
Represented By: Peter M. DeJonge
Represented By: Nathan D. Thomas
Represented By: Catherine M. Maness
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Counter defendant: Novartis AG
Represented By: Jamie A. Levitt
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