Jain et al v. Nexgen Memantine, Inc. et al
| Jitendra Jain, Scariya Kumaramangalam, Manish Arora, Harsh Datta and Balvant Arora |
| Annapurna Gundlapalli, Gajan Mahendiran, Suren Ajjarapu, Trxade, Inc., Westminister Pharmaceuticals, LLC and Nexgen Memantine, Inc. |
| 8:2020cv02263 |
| September 25, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Other Fraud |
| 15 U.S.C. § 0077 |
| Both |
Docket Report
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This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
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Filing 58
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/23/2020. (TWL)
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Filing 57
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 6/16/2022 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the July 2022 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 1/14/2022. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 11/23/2020. (TWL)
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Filing 55
CERTIFICATE of interested persons and corporate disclosure statement by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam. (Southron, Joseph)
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Filing 56
Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: SCHEDULING CONFERENCE held on 11/19/2020. Court Reporter: Rebekah Lockwood (TWL)
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Filing 54
RESPONSE in Opposition re #34 MOTION to Dismiss for Lack of Jurisdiction and For Failure to State a Claim filed by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam. (Southron, Joseph)
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Filing 53
NOTICE by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam of Filing Attached Documents (Attachments: #1 Exhibit Articles of Incorporation and Related Documents, #2 Exhibit 2019 Report, #3 Exhibit 2018 Report, #4 Exhibit 2017 Report, #5 Exhibit 2016 Report)(Southron, Joseph)
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Filing 52
ENDORSED ORDER: Pursuant to the notice of voluntary dismissal of Defendant Westminster Pharmaceuticals, LLC (Doc. #47), the claims against Westminster Pharmaceuticals, LLC are dismissed without prejudice. The Clerk is directed to terminate Westminster Pharmaceuticals, LLC as a party to this action. Additionally, the Court denies Westminster Pharmaceuticals, LLC's motion to dismiss (Doc. #33) as moot. Signed by Judge Virginia M. Hernandez Covington on 11/19/2020. (DMD)
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Filing 51
MOTION to Dismiss Defendant/Cross-Plaintiff Suren Ajjarapu's Verified Crossclaim and Incorporated Memorandum of Law by Gajan Mahendiran. (Dietrich, Daniel)
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Filing 50
MOTION to Dismiss Defendants/Cross-Plaintiffs Suren Ajjarapu and Trxade, Inc.'s Crossclaim and Incorporated Memorandum of Law by Gajan Mahendiran. (Dietrich, Daniel)
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Filing 49
ENDORSED ORDER: While the Court appreciates Plaintiffs' expeditious filing of the motion for default judgment against Defendant Nexgen Memantine, Inc. (Doc. #48), the Court denies the motion without prejudice at this time. Plaintiffs may move again for entry of a default judgment against Nexgen Memantine after the claims against the remaining Defendants are resolved. Signed by Judge Virginia M. Hernandez Covington on 11/19/2020. (DMD)
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Filing 48
MOTION for Default Judgment against Nexgen Memantine, Inc. by Scariya Kumaramangalam, Harsh Datta, Manish Arora, Balvant Arora, Jitendra Jain. (Southron, Joseph)
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Filing 47
NOTICE of voluntary dismissal as to Westminster Pharmaceuticals, LLC by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam (Southron, Joseph)
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Filing 46
Clerk's ENTRY OF DEFAULT as to Nexgen Memantine, Inc. (BES)
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Filing 45
MOTION for Clerk's Default against Nexgen Memantine, Inc. by Scariya Kumaramangalam, Harsh Datta, Manish Arora, Balvant Arora, Jitendra Jain. (Southron, Joseph) Motions referred to Magistrate Judge Julie S. Sneed.
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Filing 44
ENDORSED ORDER: On October 16, 2020, Plaintiffs served Defendant Nexgen Memantine, Inc. (Doc. #19). Therefore, Nexgen's answer was due by November 6, 2020. That date has passed, but no answer has been filed. Nor have Plaintiffs promptly applied to the Clerk for entry of default pursuant to Local Rule 1.07(b). Accordingly, Plaintiffs are directed to show cause by November 23, 2020, why this action should not be dismissed for failure to prosecute pursuant to Local Rule 3.10(a). Signed by Judge Virginia M. Hernandez Covington on 11/17/2020. (DMD)
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Filing 43
NOTICE of hearing: Case Management Hearing set for 11/19/2020 at 3:00 PM. Absent compelling circumstances and leave of Court, Lead Counsel must appear at the Case Management Hearing. Lead Counsel must be prepared to discuss the claims and defenses as well as any unique aspects of the case with the Court. This hearing is an investment of the Court's time and presents an opportunity for Counsel to meet the judge presiding over their case as well as present any issues that should be called to the Court's attention. This hearing will be conducted via Zoom video conference before Judge Virginia M. Hernandez Covington. The Clerk will be sending an invitation to the meeting via email. If you have any questions please contact courtroom deputy, Tamecika Lee, at Tamecika_Lee@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 4.11(b) the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited.(TWL)
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Filing 42
CASE MANAGEMENT REPORT. (Thanasides, Paul)
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Filing 41
ENDORSED ORDER: Pursuant to the notice of voluntary dismissal of Defendant Annapurna Gundlapalli (Doc. #39), the claims against Annapurna Gundlapalli are dismissed without prejudice. The Clerk is directed to terminate Annapurna Gundlapalli as a party to this action. Additionally, the Court denies Gundlapalli's motion to dismiss (Doc. #29) as moot. Signed by Judge Virginia M. Hernandez Covington on 11/13/2020. (DMD)
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Filing 40
CERTIFICATE of interested persons and corporate disclosure statement by Suren Ajjarapu, Annapurna Gundlapalli, Trxade, Inc. (Thanasides, Paul)
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Filing 39
NOTICE of voluntary dismissal by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam (Southron, Joseph)
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Filing 38
RESPONSE in Opposition re #30 MOTION to Dismiss count I for failure to state a claim filed by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam. (Southron, Joseph)
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Filing 37
CERTIFICATE of interested persons and corporate disclosure statement by Gajan Mahendiran, Westminister Pharmaceuticals, LLC. (Dietrich, Daniel)
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Filing 36
NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by Gajan Mahendiran, Westminister Pharmaceuticals, LLC. Related case(s): yes (Dietrich, Daniel)
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Filing 35
DECLARATION of Gajan Mahendiran re #34 MOTION to Dismiss for Lack of Jurisdiction and For Failure to State a Claim by Gajan Mahendiran. (Dietrich, Daniel)
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Filing 34
MOTION to Dismiss for Lack of Jurisdiction and For Failure to State a Claim by Gajan Mahendiran. (Dietrich, Daniel)
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Filing 33
MOTION to Dismiss for Failure to State a Claim and incorporated Memorandum of Law by Westminister Pharmaceuticals, LLC. (Mather, Kenneth)
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Filing 32
Verified CROSSCLAIM against Gajan Mahendiran, Nexgen Memantine, Inc. filed by Suren Ajjarapu.(Thanasides, Paul)
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Filing 31
CROSSCLAIM against Gajan Mahendiran filed by Suren Ajjarapu, Trxade, Inc.(Thanasides, Paul)
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Filing 30
MOTION to Dismiss count I for failure to state a claim by Suren Ajjarapu, Trxade, Inc. (Thanasides, Paul)
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Filing 29
MOTION to Dismiss all claims against her by Annapurna Gundlapalli. (Thanasides, Paul)
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Filing 28
NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by Suren Ajjarapu, Annapurna Gundlapalli, Trxade, Inc. Related case(s): no (Thanasides, Paul)
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Filing 27
ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Suren Ajjarapu, Trxade, Inc.(Thanasides, Paul)
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Filing 26
NOTICE of Appearance by Garrett Scott Severson on behalf of Suren Ajjarapu, Annapurna Gundlapalli, Trxade, Inc. (Severson, Garrett)
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Filing 25
NOTICE of Appearance by Kenneth G.M. Mather on behalf of Gajan Mahendiran, Westminister Pharmaceuticals, LLC (Mather, Kenneth)
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Filing 24
ENDORSED ORDER granting Defendants Mahendiran and Westminister Pharmaceuticals, LLC's motion for extension of time to respond. (Doc. #23). Response now due November 6, 2020. Signed by Judge Virginia M. Hernandez Covington on 10/28/2020. (DMD)
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Filing 23
MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Gajan Mahendiran, Westminister Pharmaceuticals, LLC. (Dietrich, Daniel)
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Filing 22
NOTICE of Filing Status Report by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam re 11 Order (Southron, Joseph)
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Filing 21
NOTICE of Appearance by Christa Queen-Sutherland on behalf of Suren Ajjarapu, Annapurna Gundlapalli, Trxade, Inc. (Queen-Sutherland, Christa)
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Filing 20
NOTICE of Appearance by Paul B. Thanasides on behalf of Suren Ajjarapu, Annapurna Gundlapalli, Trxade, Inc. (Thanasides, Paul)
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Filing 19
PROOF of service by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam (Southron, Joseph)
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Filing 18
ENDORSED ORDER denying without prejudice the motion for extension of time to file the Case Management Report. (Doc. #17). The anticipated filing of cross-claims or a third-party complaint does not justify extending the Case Management Report deadline. The parties should prepare to file the Case Management Report by November 13, 2020. However, the parties may--if necessary-- move for a short extension of time to file the Case Management Report closer to the deadline. Signed by Judge Virginia M. Hernandez Covington on 10/20/2020. (DMD)
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Filing 17
Unopposed MOTION for Extension of Time to File Case Management Report by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam. (Southron, Joseph)
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Filing 16
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 13, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 10/20/2020. (DMD)
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Filing 15
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the complaint. (Doc. #14). Response now due October 29, 2020. Signed by Judge Virginia M. Hernandez Covington on 10/20/2020. (DMD)
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Filing 14
MOTION for Extension of Time to File Answer by Suren Ajjarapu, Annapurna Gundlapalli, Trxade, Inc. (Thanasides, Paul)
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Filing 13
PROOF of service by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam (Southron, Joseph)
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Filing 12
PROOF of service by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam (Southron, Joseph)
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Filing 11
ENDORSED ORDER: Plaintiffs are directed to file a status report on their efforts to perfect service of process on Defendants by October 26, 2020. Signed by Judge Virginia M. Hernandez Covington on 10/19/2020. (DMD)
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Filing 10
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/2/2020. (TWL)
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Filing 9
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 10/2/2020. (TWL)
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Filing 8
SUMMONS issued as to Gajan Mahendiran, Nexgen Memantine, Inc., Westminister Pharmaceuticals, LLC. (BES)
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Filing 7
PROPOSED summons to be issued by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam. (Southron, Joseph)
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Filing 6
PROPOSED summons to be issued by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam. (Southron, Joseph)
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Filing 5
PROPOSED summons to be issued by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam. (Southron, Joseph)
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Filing 4
NOTICE by Balvant Arora, Manish Arora, Harsh Datta, Jitendra Jain, Scariya Kumaramangalam re 3 Notice to counsel of Local Rule AO Form JS44, Civil Cover Sheet (Southron, Joseph)
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Filing 3
NOTICE to counsel Joseph F. Southron of Local Rule 1.05(e), which states - The Clerk is authorized and directed to require a complete and executed AO Form JS44, Civil Cover Sheet, which shall accompany each civil case as a condition to the filing thereof. State and federal prisoners, and other persons filing civil cases pro se are exempt from the requirements of this subsection. File a completed Civil Cover Sheet using the event Notice (Other). (Signed by Deputy Clerk) (JLD)
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Filing 2
NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-2263-T-33JSS. (SJB)
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Filing 1
COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-17356241) filed by All Plaintiffs. (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)(Southron, Joseph)
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