Alcon Vision, LLC. v. Allied Vision Group, Inc. et al
| Alcon Vision, LLC |
| National Lens LLC and Allied Vision Group, Inc. |
| Alcon Laboratories, Inc. and Novartis AG |
| 3:2019cv00903 |
| August 5, 2019 |
| US District Court for the Middle District of Florida |
| James R Klindt |
| Harvey E Schlesinger |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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| Filing 137 TRANSFER IN from the District of New York Eastern. Case assigned to District Judge Schlesinger and Magistrate Judge Klindt. New Case Number: 3:19-cv-903-HES-JRK. (KKH) |
| Filing 136 Case transferred in from District of New York Eastern; Case Number 1:18-cv-02486. File received electronically |
| Filing 135 CERTIFIED COPY OF JPMDL Conditional 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 three counterclaims (Counts I, II and III) 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. Case electronically sent to Middle District of Florida. Case remains open since the transfer order only transferred some of the claims. (Marziliano, August) [Transferred from nyed on 8/5/2019.] |
| Filing 134 RESPONSE in Opposition re #124 Letter MOTION for pre motion conference re #57 Counterclaim, filed by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Ex. A - Filed Under Seal) (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 133 MOTION for Leave to Electronically File Document under Seal by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Ex. A - ALCON_AVGNY documents, #2 Ex. B - Unredacted AVG NL Opposition Letter) (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 132 REPLY in Support re #104 MOTION to Compel Plaintiff Alcon Vision, LLC's Responses to Defendants' Second Request for Production of Documents, #128 Letter filed by Allied Vision Group, Inc., National Lens LLC. (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 131 NOTICE of Appearance by JoZeff W. Gebolys on behalf of National Lens LLC (aty to be noticed) (Gebolys, JoZeff) [Transferred from nyed on 8/5/2019.] |
| Filing 130 NOTICE of Appearance by JoZeff W. Gebolys on behalf of Allied Vision Group, Inc. (aty to be noticed) (Gebolys, JoZeff) [Transferred from nyed on 8/5/2019.] |
| Filing 129 JPMDL Conditional 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 three counterclaims (Counts I, II and III) 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 8/5/2019.] |
ORDER granting #127 Motion for Leave to Appear pro hac vice. Attorney Jozeff Wayne Gebolys is permitted to appear pro hac vice on behalf of defendants National Lens LLC., and Allied Vision Group, Inc. 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 he receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 7/30/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 128 Letter in Opposition to Defendants' Supplemental Motion to Compel [ECF No. 114] by Alcon Vision, LLC. (Attachments: #1 Exhibit A) (Taylor, Jennifer) [Transferred from nyed on 8/5/2019.] |
| Filing 127 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11708733. by Allied Vision Group, Inc.. (Attachments: #1 Affidavit of JoZeff W. Gebolys, #2 Certificate of Good Standing, #3 Proposed Order) (Gebolys, JoZeff) [Transferred from nyed on 8/5/2019.] |
| Filing 126 REPLY in Support re #104 MOTION to Compel Plaintiff Alcon Vision, LLC's Responses to Defendants' Second Request for Production of Documents, #121 Response in Opposition to Motion, #103 MOTION to Compel , #118 Response in Opposition to Motion, #122 Reply in Support of Second Motion to Compel filed by Allied Vision Group, Inc., National Lens LLC. (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 125 MOTION to Adjourn Conference before Magistrate Judge Kuo by Allied Vision Group, Inc., National Lens LLC. (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #123 Motion for Leave to Appear pro hac vice. Attorney Nicholas Herrera is permitted to appear pro hac vice on behalf of plaintiff Alcon Vision, LLC. 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 he receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 7/26/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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ORDER granting #125 Motion to Adjourn Conference. The Motion Hearing set for August 2, 2019 is rescheduled to August 6, 2019 at 02:30 PM in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 7/26/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 124 Letter MOTION for pre motion conference re #57 Counterclaim, by Novartis AG. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 123 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11699091. by Alcon Vision, LLC.. (Attachments: #1 Affidavit of Nicholas T. Herrera in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Granting Admission to Practice Pro Hac Vice) (Herrera, Nicholas) [Transferred from nyed on 8/5/2019.] |
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ORDER: The Court will hold a hearing on the motions to compel at #103 and #104 and the responses thereto on August 2, 2019 at 10:00 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 7/25/2019. (Prentice, Amanda) [Transferred from nyed on 8/5/2019.]
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ORDER denying #101 Motion for Pre Motion Conference. Upon review of the parties' letters regarding defendants' #101 motion for a pre motion conference ("PMC) in order to move to consolidate this proceeding with Alcon Vision, LLC v Lens.com, No. 18-CV-407 (NG) (RLM), and having reviewed the status of both proceedings, the Court finds that consolidation is not appropriate and denies the PMC request. Ordered by Judge Margo K. Brodie on 7/25/2019. (Morel, Christopher) [Transferred from nyed on 8/5/2019.]
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| Filing 122 REPLY in Support re #103 MOTION to Compel , #118 Response in Opposition to Motion filed by Allied Vision Group, Inc., National Lens LLC. (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 121 RESPONSE in Opposition re #104 MOTION to Compel Plaintiff Alcon Vision, LLC's Responses to Defendants' Second Request for Production of Documents filed by Alcon Vision, LLC.. (Attachments: #1 Exhibit A) (Taylor, Jennifer) [Transferred from nyed on 8/5/2019.] |
| Filing 120 REPLY in Support of Motion for Pre Motion Conference for Leave to File Motion to Consolidate filed by Allied Vision Group, Inc., National Lens LLC. (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 119 REPLY in Support re #102 MOTION for Hearing re #86 Response in Opposition to Motion,, Request to Strike New Evidence, for Leave to File Surreply, and for Discovery, #107 Response in Opposition to Motion filed by Allied Vision Group, Inc., National Lens LLC. (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
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Motions terminated, docketed incorrectly: #114 MOTION to Compel Plaintiff's Responses to Defendants' Second Set of RFP filed by National Lens LLC, Allied Vision Group, Inc. This is not a motion, this is a supplement to #104 motion to compel. Ordered by Magistrate Judge Peggy Kuo on 7/23/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 118 RESPONSE in Opposition re #103 MOTION to Compel filed by Alcon Vision, LLC.. (Taylor, Jennifer) [Transferred from nyed on 8/5/2019.] |
| Filing 117 Letter Regarding Courtesy Copies Related to Plaintiff's Motion to Dismiss Defendants' Amended Counterclaims by Alcon Vision, LLC. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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Filing 116
ORDER granting #105 Motion for Protective Order. Ordered by Magistrate Judge Peggy Kuo on 7/22/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 115 TRANSCRIPT of Proceedings held on July 12, 2019, before Judge Kuo. Court 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 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 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (Rocco, Christine) [Transferred from nyed on 8/5/2019.] |
| Filing 114 Defendants (SUPPLEMENTAL LETTER) to #104 MOTION to Compel Plaintiff's Responses to Defendants' Second Set of RFP by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Exhibit A -2019-07-18 Email from Nick Herrera) (Polak, Jonathan) (Main Document 114 replaced on 7/23/2019) (Layne, Monique). [Transferred from nyed on 8/5/2019.] |
| Filing 113 RESPONSE in Opposition re #108 MOTION to Dismiss for Failure to State a Claim and to Strike Two of Defendants' Affirmative Defenses filed by Allied Vision Group, Inc., National Lens LLC. (Bautista, Philip) [Transferred from nyed on 8/5/2019.] |
| Filing 112 REPLY in Support re #108 MOTION to Dismiss for Failure to State a Claim and to Strike Two of Defendants' Affirmative Defenses filed by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 111 AFFIDAVIT/DECLARATION in Support re #108 MOTION to Dismiss for Failure to State a Claim and to Strike Two of Defendants' Affirmative Defenses filed by Alcon Vision, LLC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 110 MEMORANDUM in Support re #108 MOTION to Dismiss for Failure to State a Claim and to Strike Two of Defendants' Affirmative Defenses ; Request for Judicial Notice in Support of Motion to Dismiss Defendants' Amended Counterclaims filed by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 109 MEMORANDUM in Support re #108 MOTION to Dismiss for Failure to State a Claim and to Strike Two of Defendants' Affirmative Defenses filed by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 108 MOTION to Dismiss for Failure to State a Claim and to Strike Two of Defendants' Affirmative Defenses by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 107 RESPONSE in Opposition re #102 MOTION for Hearing re #86 Response in Opposition to Motion,, Request to Strike New Evidence, for Leave to File Surreply, and for Discovery filed by Alcon Vision, LLC.. (Kaufman, Jessica) [Transferred from nyed on 8/5/2019.] |
| Filing 106 RESPONSE in Opposition re #101 MOTION for pre motion conference for Leave to File Motion to Consolidate filed by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the Settlement Conference set for September 17, 2019 is rescheduled to October 3, 2019 at 02:00 PM in Courtroom 11C South before Magistrate Judge Peggy Kuo. A representative of the plaintiffs and the defendants with complete settlement authority (other than counsel) must be present. The parties are directed to submit confidential ex parte settlement statements, which must include the last offer and demand, to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by September 25, 2019. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. Ordered by Magistrate Judge Peggy Kuo on 7/19/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 105 Joint MOTION for Protective Order (Stipulated Protective Order) by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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ORDER SETTING DEADLINE: Plaintiff is directed to file a response, if any, to defendants' #104 MOTION to Compel by July 25, 2019. Ordered by Magistrate Judge Peggy Kuo on 7/18/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 104 MOTION to Compel Plaintiff Alcon Vision, LLC's Responses to Defendants' Second Request for Production of Documents by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Exhibit A - Defendants' Second Request for Production of Documents, #2 Exhibit B - Plaintiff Alcon Vision, LLC's Objections and Response to Allied Vision Group, Inc.'s Second Set of Requests for Production of Documents, #3 Exhibit C - Discovery Deficiency Letter - NY (Second Requests for Production) 6.14.19, #4 Exhibit D - 2019-07-09 Herrera letter re Discovery) (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
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ORDER SETTING DEADLINE: Any response to defendants' #103 MOTION to Compel must be filed by July 22, 2019. Ordered by Magistrate Judge Peggy Kuo on 7/16/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 103 MOTION to Compel by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Exhibit A - AVG Interrogatories and RFP to Alcon, #2 Exhibit B - Alcon's Objection and Respones to RFP and Interrogatories, #3 Exhibit C - Discovery Deficiency Letter (May 23, 2019), #4 Exhibit D - 2018-06-20 Taylor Letter regarding Discovery Responses, #5 Exhibit E - Communications Regarding Parties' Positions) (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 102 MOTION for Hearing re #86 Response in Opposition to Motion,, Request to Strike New Evidence, for Leave to File Surreply, and for Discovery by Allied Vision Group, Inc., National Lens LLC. (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
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ORDER re #101 MOTION for pre motion conference. Plaintiff shall respond to defendants' #101 letter for a premotion conference on or before July 19, 2019. Ordered by Judge Margo K. Brodie on 7/12/2019. (Morel, Christopher) [Transferred from nyed on 8/5/2019.]
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| Minute Entry for Proceedings before Magistrate Judge Peggy Kuo. Motion conference held on 7/12/2019. Attorneys Jennifer Lee Taylor, Sarah Lenore Prutzman, and Jamie C. Buckley appeared on behalf of Plaintiff. Attorneys Ilene Jaroslaw and Jonathan Polak appeared on behalf of Defendants. For the reasons stated on the record, the Court denied Plaintiff's motion at #78. The parties were directed to revise the proposed protective order as discussed on the record in response to the parties' filing at #94, which they should file by July 19, 2019. Fact discovery is extended to October 15, 2019. The parties are directed to work expeditiously on producing documents and noticing depositions in order to have fruitful settlement discussions at the settlement conference scheduled for September 17, 2019. If the parties have discovery disputes, they are directed to raise them quickly, so that the Court may adjudicate them efficiently. (FTR Log #11:42-1:25.) (Prentice, Amanda) [Transferred from nyed on 8/5/2019.] |
| Filing 101 MOTION for pre motion conference for Leave to File Motion to Consolidate by Allied Vision Group, Inc., National Lens LLC. (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 100 RESPONSE to Motion re #99 MOTION to Adjourn Conference before Magistrate Judge Kuo filed by Alcon Vision, LLC.. (Levitt, Jamie) Modified on 7/3/2019 to clarify that this is a motion to appear for a conference by telephone. (Prentice, Amanda). [Transferred from nyed on 8/5/2019.] |
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ORDER SETTING DEADLINE: Plaintiff is directed to file a response to defendants' #99 MOTION to Adjourn Conference, if any today July 3, 2019 no later than 3:00 pm Ordered by Magistrate Judge Peggy Kuo on 7/3/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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ORDER granting #100 Motion to Appear by Telephone. Alcon's counsel Jennifer Taylor may appear by telephone at the conference previously rescheduled to July 12, 2019 at 11:30 a.m. Ms. Taylor is directed to dial Chambers at (718) 613-2400. Ordered by Magistrate Judge Peggy Kuo on 7/3/2019. (Prentice, Amanda) [Transferred from nyed on 8/5/2019.]
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ORDER granting #99 Motion to Adjourn Conference. The conference concerning #78 and #94 before Magistrate Judge Peggy Kuo is adjourned to July 12, 2019 at 11:30 a.m. and will be held in Courtroom 11C South. Ordered by Magistrate Judge Peggy Kuo on 7/3/2019. (Prentice, Amanda) [Transferred from nyed on 8/5/2019.]
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| Filing 99 MOTION to Adjourn Conference before Magistrate Judge Kuo by Allied Vision Group, Inc., National Lens LLC. (Jaroslaw, Ilene) [Transferred from nyed on 8/5/2019.] |
| Filing 98 AFFIDAVIT/DECLARATION in Support re #79 MOTION for Preliminary Injunction filed by Alcon Vision, LLC.. (Attachments: #1 Exhibit C, #2 Exhibit D) (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #92 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Counsel is further directed to file a redacted version of the original document publicly as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Margo K. Brodie on 7/2/2019. (Morel, Christopher) [Transferred from nyed on 8/5/2019.]
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ORDER: The Court will hear argument concerning the parties' motions at #78 and #94 on July 8, 2019 at 2:00 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 7/2/2019. (Prentice, Amanda) [Transferred from nyed on 8/5/2019.]
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| Filing 97 MEMORANDUM in Opposition re #69 Letter Accompanying Motion to Dismiss Defendants' Amended Counterclaims filed by Allied Vision Group, Inc., National Lens LLC. (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 96 Letter In Response to Defendants' June 24, 2019 Letter Opposing Alcon's Motion To Strike The Lesica Declaration Re [ECF No. 95] by Alcon Vision, LLC. (Taylor, Jennifer) [Transferred from nyed on 8/5/2019.] |
| Filing 95 RESPONSE in Opposition re #78 Letter MOTION to Strike All Redacted Portions of the Declaration of Robert Lesica Submitted by Defendants in Opposition to Alcon's Motion for a Preliminary Injunction filed by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Exhibit A - Email thread, #2 Exhibit B - Email thread) (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 94 Letter MOTION for Discovery Conference on Protective Order Dispute by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Exhibit A Letter Regarding PO Issues) (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 93 Letter re Courtesy Copies of Alcon's Fully Briefed Motion for Preliminary Injunction by Alcon Vision, LLC. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 92 Letter MOTION for Leave to Electronically File Document under Seal by Alcon Vision, LLC.. (Attachments: #1 Declaration of Michael Wangsness in Support of Alcon Vision, LLC's Reply in Further Support of Motion for Preliminary Injunction, #2 Exhibit C, #3 Exhibit D) (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 91 AFFIDAVIT/DECLARATION in Support re #79 MOTION for Preliminary Injunction filed by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 90 AFFIDAVIT/DECLARATION in Support re #79 MOTION for Preliminary Injunction filed by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 89 EXHIBIT Declaration of Robert Lesica by Allied Vision Group, Inc., National Lens LLC. (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 88 AFFIDAVIT/DECLARATION in Support re #79 MOTION for Preliminary Injunction filed by Alcon Vision, LLC.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 87 AFFIDAVIT/DECLARATION in Support re #79 MOTION for Preliminary Injunction filed by Alcon Vision, LLC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 86 RESPONSE in Opposition re #79 MOTION for Preliminary Injunction filed by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Exhibit A - H. Berkowitz Declaration, #2 Exhibit B - Z. Tapaszto Declaration, #3 Exhibit C - J. Polak Declaration, #4 Exhibit D -D. Berkowitz Declaration, #5 Exhibit E - D. Franklyn Declaration, #6 Exhibit F - N. Peluchette Declaration, #7 Exhibit G - M. Bettilyon Declaration, #8 Exhibit H -R. Lesica Declaration (Redacted), #9 Exhibit I - N. O'Flaherty Declaration, #10 Exhibit J - R. Spaulding Declaratin, #11 Exhibit K - M. Silverman Declaration) (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 85 REPLY in Support re #79 MOTION for Preliminary Injunction filed by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 84 AFFIDAVIT/DECLARATION in Support re #79 MOTION for Preliminary Injunction filed by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 83 AFFIDAVIT/DECLARATION in Support re #79 MOTION for Preliminary Injunction filed by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 82 AFFIDAVIT/DECLARATION in Support re #79 MOTION for Preliminary Injunction filed by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 81 AFFIDAVIT/DECLARATION in Support re #79 MOTION for Preliminary Injunction filed by Alcon Vision, LLC.. (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, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF) (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 80 MEMORANDUM in Support re #79 MOTION for Preliminary Injunction filed by Alcon Vision, LLC.. (Attachments: #1 Proposed Order Granting Plaintiff's Motion for Preliminary Injunction) (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 79 MOTION for Preliminary Injunction by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 78 Letter MOTION to Strike All Redacted Portions of the Declaration of Robert Lesica Submitted by Defendants in Opposition to Alcon's Motion for a Preliminary Injunction by Alcon Vision, LLC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Taylor, Jennifer) [Transferred from nyed on 8/5/2019.] |
| Filing 77 NOTICE of Appearance by Mariam Zaki on behalf of Allied Vision Group, Inc., National Lens LLC (notification declined or already on case) (Zaki, Mariam) [Transferred from nyed on 8/5/2019.] |
| Filing 76 NOTICE of Appearance by Leah Mayersohn on behalf of Allied Vision Group, Inc., National Lens LLC (notification declined or already on case) (Mayersohn, Leah) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #73 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Peggy Kuo on 6/5/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 75 Second MOTION to Appear Pro Hac Vice for Mariam Zaki, Esq. Filing fee $ 150, receipt number ANYEDC-11536814. by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Affidavit in Support, #2 Exhibit Certificate of Good Standing) (Zaki, Mariam) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #75 Motion for Leave to Appear pro hac vice. Attorney Mariam Zaki is permitted to appear pro hac vice on behalf of defendants Allied Vision Group, Inc., and National Lens LLC. 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 she receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 6/3/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 74 Letter to Jamie Levitt regarding Defendants' opposition to Plaintiffs motion for preliminary injunction by Allied Vision Group, Inc., National Lens LLC (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 73 MOTION for Leave to Electronically File Document under Seal Declaration of Robert Lesica by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Exhibit Redacted Lesica Declaration, #2 Exhibit Florida Litigation Protective Order, #3 Exhibit Redline of Negotiated Protective Order) (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 72 Summons Issued as to Novartis AG. (Piper, Francine) [Transferred from nyed on 8/5/2019.] |
| Filing 71 Letter Pursuant to the Court's May 24, 2019 Order by Alcon Vision, LLC. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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ORDER re #70 Letter Asking Court to Direct Clerk to Issue Summons to Counterclaim Defendant Novartis. Plaintiff shall respond to Defendants' request on or before May 30, 2019. Ordered by Judge Margo K. Brodie on 5/24/2019. (Morel, Christopher) [Transferred from nyed on 8/5/2019.]
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| Filing 70 Letter Asking Court to Direct Clerk to Issue Summons to Counterclaim Defendant Novartis by Allied Vision Group, Inc., National Lens LLC (Jaroslaw, Ilene) [Transferred from nyed on 8/5/2019.] |
| Filing 69 Letter ; Cover Letter Accompanying Motion to Dismiss Defendants Amended Counterclaims by Alcon Vision, LLC. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #68 Motion for Leave to Appear pro hac vice. Attorney Leah Mayersohn is permitted to appear pro hac vice on behalf of defendants Allied Vision Group, Inc., and National Lens LLC. 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 Magistrate Judge Peggy Kuo on 5/21/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 68 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11498275. by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Affidavit in Support Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing) (Mayersohn, Leah) [Transferred from nyed on 8/5/2019.] |
| Incorrect Entry Information. Summons will not be issued. No complaint on the Docket for Novartis AG. (Piper, Francine) [Transferred from nyed on 8/5/2019.] |
| Filing 67 Proposed Summons. Re #57 Counterclaim, by Allied Vision Group, Inc., National Lens LLC (Bautista, Philip) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #66 Motion for Leave to Appear Pro Hac Vice. Attorney Daniel H. Bryan is permitted to appear pro hac vice on behalf of defendants Allied Vision Group, Inc., and National Lens LLC. 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 Magistrate Judge Peggy Kuo on 5/6/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 66 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11448093. by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Declaration of Daniel H. Bryan, #2 Certificate of Good Standing - New York, #3 Certificate of Good Standing - Ohio, #4 Proposed Order) (Bryan, Daniel) [Transferred from nyed on 8/5/2019.] |
| Minute Entry for proceedings held before Judge Margo K. Brodie: Pre Motion Conference held before Judge Margo K. Brodie on May 1, 2019. Jamie Levitt, Michael Miller, and Janie Buckley appeared for plaintiff/counter-defendant; Jonathan Polak, Daniel Warncke, Ilene Jaroslaw, and Philip Batista appeared for defendants/counter-claimants. The Court heard arguments on defendants' request for expedited discovery to oppose plaintiff's application for a preliminary injunction. For the reasons stated on the record, the Court denied defendants' request. Defendants shall file an opposition to plaintiff's motion for a preliminary injunction on or before May 31, 2019; plaintiff shall file a reply, if any, on or before June 19, 2019. The Court will inform the parties if a hearing or oral argument is necessary. The Court also heard arguments on plaintiff's anticipated motion to dismiss defendants' amended counterclaims and strike defendants' affirmative defenses. As to the affirmative defense of failure to join Novartis AG as a party, the parties agreed that plaintiff will either provide defendants a copy of the assignment of trademark or amend the complaint to add the allegation. The parties also agreed on the following briefing schedule for plaintiff's anticipated motion to dismiss defendants' amended counterclaims: plaintiff's motion to be served on or before May 22, 2019; defendants' opposition to be served on or before June 28, 2019; and plaintiff's reply, if any, to be served on or before July 19, 2019. (Court Reporter Stacy Mace.) (Morel, Christopher) [Transferred from nyed on 8/5/2019.] |
| Filing 65 MOTION for pre motion conference re #63 Letter MOTION for pre motion conference re #57 Counterclaim, Reply to Plaintiff's 4-19-19 Pre Motion Letter by Allied Vision Group, Inc., National Lens LLC. (Jaroslaw, Ilene)[Transferred from nyed on 8/5/2019.] |
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ORDER. The Court will address Plaintiff's #59 Motion for a Pre Motion Conference, #63 Letter Motion for a Pre Motion Conference, and Defendants' #65 Reply to Plaintiff's #63 Letter at the Conference scheduled for May 1, 2019 at 1:00 PM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 4/29/2019. (Morel, Christopher) [Transferred from nyed on 8/5/2019.]
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ORDER granting #64 Motion to Adjourn Conference. On consent of the parties, the Court adjourns the conference to May 1, 2019 at 1:00 PM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 4/26/2019. (Morel, Christopher) [Transferred from nyed on 8/5/2019.]
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| Filing 64 Letter MOTION to Adjourn Conference Scheduled for May 1, 2019 (on Consent) by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #59 Motion for Pre Motion Conference. A Pre Motion Conference re #59 Letter is set for May 1, 2019 at 11:00 AM in Courtroom 6F North before Judge Margo K. Brodie. Defendants' are to file a reply to the #63 Letter MOTION for pre motion conference by April 30, 2019. Ordered by Judge Margo K. Brodie on 4/24/2019. (Brucella, Michelle) [Transferred from nyed on 8/5/2019.]
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| Filing 63 Letter MOTION for pre motion conference re #57 Counterclaim, by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 62 Corporate Disclosure Statement by Alcon Vision, LLC. identifying Corporate Parent Alcon Inc. for Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 61 Letter noting that Alcon's 3-15-19 Letter Motion is Moot by Allied Vision Group, Inc., National Lens LLC (Jaroslaw, Ilene) [Transferred from nyed on 8/5/2019.] |
| Filing 60 TRANSCRIPT of Proceedings held on March 12, 2019, before Judge Kuo. 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 8/5/2019.] |
| Filing 59 Letter MOTION for pre motion conference re #56 Letter ; Joint Letter Regarding Briefing Schedule on Plaintiff's Motion for Preliminary Injunction by Alcon Vision, LLC.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 58 NOTICE of Appearance by Michael B. Miller on behalf of Alcon Vision, LLC. (aty to be noticed) (Miller, Michael) [Transferred from nyed on 8/5/2019.] |
| Filing 57 Amended COUNTERCLAIM and Amended Answer against Alcon Vision, LLC., Novartis AG, Alcon Laboratories, Inc., filed by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Exhibit Order entered June 14, 2016, in In re Disposable Contact Lens Antitrust Litigation, Case No. 315-md-02626-HES, #2 Exhibit Alcon website re O2 Optix rebranding) (Bautista, Philip) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #55 Motion to Amend the case caption to reflect that Plaintiff should be referred to as Alcon Vision, LLC. The Clerk of the Court is respectfully requested to change the case caption accordingly. Ordered by Magistrate Judge Peggy Kuo on 4/3/2019. (Prentice, Amanda) [Transferred from nyed on 8/5/2019.]
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| Filing 56 Letter Enclosing Alcon MPI Papers by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 55 Letter MOTION to Amend/Correct/Supplement Case Caption by Alcon Laboratories, Inc.. (Attachments: #1 Exhibit A) (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 54 NOTICE of Appearance by Alex Wallin on behalf of Allied Vision Group, Inc., National Lens LLC (notification declined or already on case) (Wallin, Alex) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #53 Motion for Leave to Appear pro hac vice. Attorney Alex E. Wallin is permitted to appear pro hac vice on behalf of Defendants Allied Vision Group, Inc., and National Lens LLC. 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 he receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 3/26/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 53 MOTION to Appear Pro Hac Vice of Alex E. Wallin Filing fee $ 150, receipt number ANYEDC-11316684. by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Affidavit of Alex E. Wallin, #2 Certificates of Good Standing, #3 Proposed Order) (Wallin, Alex) [Transferred from nyed on 8/5/2019.] |
| Filing 52 NOTICE of Appearance by Daniel R. Warncke on behalf of Allied Vision Group, Inc., National Lens LLC (notification declined or already on case) (Warncke, Daniel) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #50 Motion for Leave to Appear pro hac vice. Attorney Daniel R. Warncke is permitted to appear pro hac vice on behalf of defendants Allied Vision Group Inc., and National Lens LLC. 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 he receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 3/18/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 51 Letter (Cover Letter Accompanying Alcon's Motion to Strike and to Dismiss) by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 50 MOTION to Appear Pro Hac Vice of Daniel R. Warncke Filing fee $ 150, receipt number ANYEDC-11290542. by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Affidavit of Daniel R. Warncke, #2 Certificate of Good Standing, #3 Proposed Order) (Warncke, Daniel) [Transferred from nyed on 8/5/2019.] |
| Filing 49 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 3/12/2019. Attorneys Jennifer Lee Taylor, Janie C. Buckley and Jamie A. Levitt appeared on behalf of plaintiff. Attorneys Ilene Jaroslaw and Jonathan Polak appeared on behalf of defendants. The parties informed the court that there is a pending lawsuit in Florida between the same parties, but involving allegations of counterfeit product different from those in this case. There was an unsuccessful attempt in February, with a JAMS mediator, to reach a global settlement on both cases. The parties will continue to explore settlement, either as to each case separately, or globally. The trial in Florida is scheduled to begin on October 28, 2019 and last one week. Notwithstanding Plaintiff's anticipated motion to dismiss defendants' antitrust counterclaims, discovery will proceed on both the claims and counterclaims. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A settlement conference will be held on September 17, 2019 at 10:00 am in Courtroom 11C South, before Magistrate Judge Peggy Kuo. A representative of the plaintiffs and the defendants with complete settlement authority (other than counsel) must be present. The parties were directed to submit confidential ex parte settlement statements, which must include the last offer and demand, to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by September 9, 2019. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. (FTR Log #10:11-10:55.) (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.] |
| Filing 48 Letter Regarding Joint Proposed Discovery Plan by Alcon Laboratories, Inc. (Attachments: #1 Exhibit Joint Proposed Discovery Plan) (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 47 Letter MOTION for Leave to File Document (Joint Proposed Briefing Schedule for Plaintiff's Motion to Dismiss Counterclaims and Strike Affirmative Defenses) by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #47 Motion for Leave to File. The Court adopts the parties' proposed briefing schedule for plaintiff's anticipated motion to dismiss. Plaintiff shall serve its motion on or before March 15, 2019; Defendants shall serve their opposition on or before April 19, 2019; and plaintiff shall file a reply, if any, on or before May 17, 2019. Ordered by Judge Margo K. Brodie on 2/28/2019. (Morel, Christopher) [Transferred from nyed on 8/5/2019.]
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ORDER granting in part and denying in part #46 Motion for Pre Motion Conference. The parties shall confer and submit a proposed briefing schedule for Plaintiff's anticipated motion to dismiss. Ordered by Judge Margo K. Brodie on 2/27/2019. (Morel, Christopher) [Transferred from nyed on 8/5/2019.]
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| Filing 46 Letter MOTION for pre motion conference re #37 Answer to Complaint, Counterclaim by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #44 Motion for Leave to Appear pro hac vice. Attorney Jennifer Lee Taylor is permitted to appear pro hac vice on behalf of plaintiff. 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 she receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 2/25/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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ORDER granting #45 Motion for Leave to Appear pro hac vice. Attorney Sabrina Larson is permitted to appear pro hac vice on behalf of plaintiff. 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 she receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 2/25/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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ORDER granting #43 Letter Motion to Withdraw the Letter Motion to Adjourn Conference at #42 and terminating #42 as filed in error. Ordered by Magistrate Judge Peggy Kuo on 2/22/2019. (Besingi, Pembe) [Transferred from nyed on 8/5/2019.]
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| Filing 45 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11217245. 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 8/5/2019.] |
| Filing 44 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11217150. by Alcon Laboratories, Inc.. (Attachments: #1 Affidavit of Jennifer Lee Taylor 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) (Taylor, Jennifer) [Transferred from nyed on 8/5/2019.] |
| Filing 43 Letter MOTION to Withdraw #42 Letter MOTION to Adjourn Conference by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 42 Letter MOTION to Adjourn Conference by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 41 NOTICE of Appearance by Janie C. Buckley on behalf of Alcon Laboratories, Inc. (aty to be noticed) (Buckley, Janie) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #40 Motion to Adjourn Conference. The Initial Conference set for March 5, 2019 is rescheduled to March 12, 2019 at 10:00 AM in Courtroom 11C South before Magistrate Judge Peggy Kuo. Counsel are reminded to file the Proposed Discovery Plan, referenced at #39, at least five days before the Conference. Ordered by Magistrate Judge Peggy Kuo on 2/11/2019. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 40 Letter MOTION to Adjourn Conference Scheduled for March 5, 2019 (on Consent) by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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Filing 39
SCHEDULING ORDER: An Initial Conference will be held in this case on March 5, 2019 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Peggy Kuo on 1/24/2019. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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ORDER granting #38 Motion for Extension of Time to File Response/Reply. The Court grants Plaintiff's application. Plaintiff's response to defendants' counterclaims shall be filed on or before February 25, 2019. Ordered by Judge Margo K. Brodie on 1/23/2019. (Morel, Christopher) [Transferred from nyed on 8/5/2019.]
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| Filing 38 Letter MOTION for Extension of Time to File Response/Reply as to #37 Answer to Complaint, Counterclaim (on Consent) by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 37 Corrected ANSWER to #1 Complaint , COUNTERCLAIM against Alcon Laboratories, Inc. by All Defendants. (Jaroslaw, Ilene) [Transferred from nyed on 8/5/2019.] Modified font color on 8/5/2019 (KKH). |
| Filing 36 ANSWER to #1 Complaint , COUNTERCLAIM against Alcon Laboratories, Inc. by All Defendants. (Jaroslaw, Ilene) [Transferred from nyed on 8/5/2019.] |
| Filing 35 First MOTION for Extension of Time to File Answer to Amended Complaint and Counterclaim by Allied Vision Group, Inc., National Lens LLC. (Jaroslaw, Ilene) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #35 Motion for Extension of Time to File. The Court grants Defendants' request for an extension of time to file their answer. Defendants shall file their answer on or before January 21, 2019. Ordered by Judge Margo K. Brodie on 1/4/2019. (Morel, Christopher) [Transferred from nyed on 8/5/2019.]
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Filing 34
ORDER denying #24 Motion to Dismiss for Lack of Jurisdiction; denying #24 Motion to Change Venue. For the reasons stated in the attached Memorandum and Order, the Court denies Defendants' motion to dismiss for lack of personal jurisdiction and denies Defendants' motion to transfer venue. Ordered by Judge Margo K. Brodie on 12/22/2018. (Morel, Christopher) [Transferred from nyed on 8/5/2019.]
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| Filing 33 Letter re: New Alcon complaint/motion for TRO against Defendants in S.D. Fl. by Allied Vision Group, Inc., National Lens LLC (Jaroslaw, Ilene) [Transferred from nyed on 8/5/2019.] |
| Filing 32 Letter to the Honorable Margo K. Brodie by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 31 Letter accompanying courtesy copy of motion papers by Allied Vision Group, Inc., National Lens LLC (Melzer, Marc) [Transferred from nyed on 8/5/2019.] |
| Filing 30 DECLARATION re #27 Memorandum in Opposition Declaration of Richard Bergner by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 29 DECLARATION re #27 Memorandum in Opposition Declaration of Richard Fabio by Alcon Laboratories, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 28 DECLARATION re #27 Memorandum in Opposition Declaration of Sarah L. Prutzman 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) (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 27 MEMORANDUM in Opposition re #24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Change Venue filed by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 26 REPLY in Support re #25 Memorandum in Support,, #24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Change Venue filed by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Declaration Declaration of Harvey Berkowitz, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Certificate of Service) (Melzer, Marc) [Transferred from nyed on 8/5/2019.] |
| Filing 25 MEMORANDUM in Support re #24 MOTION to Dismiss for Lack of Jurisdiction MOTION to Change Venue filed by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Declaration Declaration of Harvey Berkowitz, #2 Declaration Declaration of Marc Aaron Melzer, #3 Exhibit Melzer Decl. Ex A - Complaint, #4 Exhibit Melzer Decl. Ex B - Bergner Declaration, #5 Exhibit Melzer Decl. Ex C - NY SOS, #6 Exhibit Melzer Decl. Ex D - PA SOS, #7 Exhibit Melzer Decl. Ex E - Canada FCI, #8 Exhibit Melzer Decl. Ex F - FL SOS, #9 Exhibit Melzer Decl. Ex G - theladders.com posting) (Melzer, Marc) [Transferred from nyed on 8/5/2019.] |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Change Venue by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Certificate of Service) (Melzer, Marc) [Transferred from nyed on 8/5/2019.] |
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Filing 23
STIPULATION AND ORDER re #21: So Ordered. Ordered by Judge Margo K. Brodie on 6/8/2018. (Brucella, Michelle) [Transferred from nyed on 8/5/2019.]
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| Filing 22 Letter to Jamie Levitt regarding Defendants' motion to dismiss or to transfer venue by Allied Vision Group, Inc., National Lens LLC (Melzer, Marc) [Transferred from nyed on 8/5/2019.] |
| Filing 21 Proposed Scheduling Order ; Stipulation and [Proposed] Order Regarding Defendants' Motion to Dismiss/Transfer and Alcon's Motion for a Preliminary Injunction by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 6/4/2018. The court granted Defendants leave to file their motion to dismiss and set the following briefing schedule: Defendants were directed to serve their anticipated motion by no later than June 8, 2018; Plaintiff was directed to serve its response by no later than June 29, 2018; and Defendants were directed to serve their reply and to file the fully briefed motion by no later than July 13, 2018. The court granted Plaintiff leave to serve its motion for preliminary injunction but ordered that proceedings on the motion be stayed. All rulings are tentative and subject to revision by Judge Brodie. (Court Reporter Annette Montalvo) (Scott, Conrad) [Transferred from nyed on 8/5/2019.]
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ORDER REASSIGNING CASE. Case reassigned to Judge Margo K. Brodie for all further proceedings. Judge Nicholas G. Garaufis no longer assigned to case 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. Ordered by Chief Judge Dora Lizette Irizarry on 6/6/2018. (Bowens, Priscilla) [Transferred from nyed on 8/5/2019.]
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ORDER re: Defendants' #15 Application for Leave to File Immediately a Motion to Dismiss for Lack of Jurisdiction and for the Court to Decide the Motion Without Further Briefing; and Plaintiff's #19 Application for Leave to Serve a Motion for Preliminary Injunction on Defendants. To the extent the parties seek leave to file any pleadings prior to a pre-motion conference, the applications are DENIED. To the extent the parties request a pre-motion conference, the applications are GRANTED. The parties are directed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. At the pre-motion conference, the parties should be prepared to address whether this case should be designated as related to Alcon Laboratories, Inc. v. Allied Vision Group, Inc., No. 18-CV-406 (MKB) (E.D.N.Y. filed Jan. 19, 2018), notwithstanding that the latter is no longer pending. See Local Civ. R. 50.3.1. Defendants' time to answer is extended until 14 days after entry of the order deciding their anticipated motion to dismiss. Ordered by Judge Nicholas G. Garaufis on 5/23/2018. (Scott, Conrad) [Transferred from nyed on 8/5/2019.]
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| Filing 20 MOTION for pre motion conference re #19 Letter MOTION for Leave to File ; Letter Motion for Leave to Serve Motion for Preliminary Injunction *** Defendants' Letter in Opposition to Alcon's Request for Leave to File Preliminary Injunction Motion, and Defendants' Request for Extension of Time to File Answer by Allied Vision Group, Inc., National Lens LLC. (Jaroslaw, Ilene) [Transferred from nyed on 8/5/2019.] |
| Filing 19 Letter MOTION for Leave to File ; Letter Motion for Leave to Serve Motion for Preliminary Injunction by Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
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ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. Attorney Philip R. Bautista is permitted to appear Pro Hac Vice on behalf of defendants Allied Vision Group, Inc., and National Lens LLC. Ordered by Magistrate Judge Peggy Kuo on 5/18/2018. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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ORDER granting #17 Motion for Leave to Appear Pro Hac Vice. Attorney Jonathan Polak is permitted to appear Pro Hac Vice on behalf of defendants Allied Vision Group, Inc., and National Lens LLC. Ordered by Magistrate Judge Peggy Kuo on 5/18/2018. (Riquelme, Claudia) [Transferred from nyed on 8/5/2019.]
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| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10442632. by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Affidavit of Movant, #2 Certificate of Good Standing - Supreme Court of Ohio) (Bautista, Philip) [Transferred from nyed on 8/5/2019.] |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10442593. by Allied Vision Group, Inc., National Lens LLC. (Attachments: #1 Affidavit of Movant, #2 Certificate of Good Standing - State Bar of Texas, #3 Certificate of Good Standing - Supreme Court of Indiana, #4 Certificate of Good Standing - Supreme Court of Texas) (Polak, Jonathan) [Transferred from nyed on 8/5/2019.] |
| Filing 16 NOTICE of Appearance by Marc Aaron Melzer on behalf of Allied Vision Group, Inc., National Lens LLC (aty to be noticed) (Melzer, Marc) [Transferred from nyed on 8/5/2019.] |
| Filing 15 First MOTION for pre motion conference for leave to immediately file a previously fully briefed motion to dismiss for lack of personal jurisdiction or to transfer and, without further briefing from the parties, to immediately consider that motion; and for certain attorneys' fees and costs by Allied Vision Group, Inc., National Lens LLC. (Jaroslaw, Ilene) [Transferred from nyed on 8/5/2019.] |
| Filing 14 Corporate Disclosure Statement by National Lens LLC (Jaroslaw, Ilene) [Transferred from nyed on 8/5/2019.] |
| Filing 13 Corporate Disclosure Statement by Allied Vision Group, Inc. (Jaroslaw, Ilene) [Transferred from nyed on 8/5/2019.] |
| Filing 12 NOTICE of Appearance by Sarah Lenore Prutzman on behalf of Alcon Laboratories, Inc. (aty to be noticed) (Prutzman, Sarah) [Transferred from nyed on 8/5/2019.] |
| Filing 11 SUMMONS Returned Executed by Alcon Laboratories, Inc.. National Lens LLC served on 5/2/2018, answer due 5/23/2018. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 10 SUMMONS Returned Executed by Alcon Laboratories, Inc.. Allied Vision Group, Inc. served on 5/2/2018, answer due 5/23/2018. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 9 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) [Transferred from nyed on 8/5/2019.] |
| Filing 8 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 8/5/2019.] |
| Filing 7 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 8/5/2019.] |
| Filing 6 Summons Issued as to All Defendants. (Attachments: #1 National summons) (Bowens, Priscilla) [Transferred from nyed on 8/5/2019.] |
| Filing 5 Corporate Disclosure Statement by Alcon Laboratories, Inc. identifying Corporate Parent Novartis AG for Alcon Laboratories, Inc.. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 4 Proposed Summons. Re #1 Complaint by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 3 Proposed Summons. Re #1 Complaint by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint by Alcon Laboratories, Inc. (Levitt, Jamie) [Transferred from nyed on 8/5/2019.] |
| Filing 1 COMPLAINT against Allied Vision Group, Inc., National Lens LLC filing fee $ 400, receipt number 0207-10388041 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Alcon Laboratories, Inc.. (Levitt, Jamie)[Transferred from nyed on 8/5/2019.] Modified font color on 8/5/2019 (KKH). |
| Case assigned to Judge Nicholas G. Garaufis and Magistrate Judge Peggy Kuo. 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 8/5/2019.] |
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