Procaps S.A. v. Patheon Inc. et al
Plaintiff: Procaps S.A.
Defendant: Patheon Inc., Sobel USA, Inc., Banner Pharmacaps Europe B.V., Sofgen Pharmaceuticals LLC and Originates, Inc.
Special Master: John M. Barkett
Garnishee: Big River Investment Corpo., Direct Resources, Inc., Fundacion Procaps Inc., Health Asure, Inc., M.G. Adhesives, Inc., M.R.S.J. Inc., RJR Products Group Ltd., Inc., Scapolite of Florida, Inc., Shumode, Inc., Suncoast Laboratories, Inc., Western Vitamins and Health Products, Inc., Nature's Products Real Estate Holding Company, LLC, Rainbow Light Real Estate Holding Company, LLC, Nutri-Health Direct Real Estate Holding Company, LLC, Wellnext Direct, LLC, Pharmainvest, Inc., Micuica Management LLC, Teamwork Agency, LLC, Pacific Holdco, Inc., Balouarte, Inc., Pame Holdings, LLC, Health Products Holdings, LLC, Lake Point Investments Of NC, LLC, JPMorgan Chase Bank, N.A., Severe Paintball, L.C., Jose Minski, Meyer Minski and Ruben Minski
Case Number: 1:2012cv24356
Filed: December 10, 2012
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade
Presiding Judge: Jonathan Goodman
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. ยง 0025
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2019 Opinion or Order Filing 1541 ORDER on Stipulation for Dismissal With Prejudice. The Court dismisses with prejudice all claims and causes of action. All pending motions are denied as moot and the Clerk of Court is directed to close this case. Signed by Magistrate Judge Jonathan Goodman on 1/11/2019. See attached document for full details. (km03)
January 8, 2019 Opinion or Order Filing 1540 Joint STIPULATION of Dismissal with prejudice by Procaps S.A. (Salner, Craig) Modified Text on 1/9/2019 (ls).
January 8, 2019 Opinion or Order Filing 1539 SATISFACTION OF JUDGMENT re #1167 Order by Patheon Inc. (Elegant, Justin)
January 4, 2019 Opinion or Order Filing 1538 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Fundacion Procaps Inc. Signed by Magistrate Judge Jonathan Goodman on 1/4/2019. See attached document for full details. (km03)
January 4, 2019 Opinion or Order Filing 1537 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Nature's Products, Inc. Patheon is instructed to provide notice to the Court of any additional Writs it seeks to dissolve by Monday, January 7, 2019, at 5:00 p.m. Signed by Magistrate Judge Jonathan Goodman on 1/4/2019. See attached document for full details. (km03)
January 4, 2019 Opinion or Order Filing 1536 Unopposed MOTION to Expedite to Dissolve Writ of Garnishment by Patheon Inc.. (Attachments: #1 Exhibit Proposed Order)(Elegant, Justin)
January 4, 2019 Opinion or Order Filing 1535 Unopposed MOTION to Expedite to Dissolve Writ of Garnishment by Patheon Inc.. (Attachments: #1 Exhibit Proposed Order)(Elegant, Justin)
January 2, 2019 Opinion or Order Filing 1534 ORDER Dissolving Writ of Garnishment and Discharging Meyer Minski. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1533 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Joel Minski. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1532 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Jack Minski. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1531 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Jose Minski. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1530 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Wellnext Direct, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1529 ORDER Dissolving Writ of Garnishment and Discharging Nature's Products Real Estate Holding Company, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1528 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Rainbow Light Real Estate Holding Company, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1527 ORDER Dissolving Writ of Garnishment and Discharging Nutri-Health Direct Real Estate Holding Company, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1526 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Rainbow Light Nutritional Systems, Inc. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1525 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Iceland Health, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1524 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Champion Performance Products, Inc. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1523 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Wellnext, LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1522 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Balouarte, Inc. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1521 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Pame Holdings LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1520 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Sofgen Pharmaceuticals LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1519 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Originates, Inc. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1518 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Ruben Minski. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1517 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Big River Investment Corp. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
January 2, 2019 Opinion or Order Filing 1516 ORDER Dissolving Writ of Garnishment and Discharging Garnishee Mucuica Management LLC. Signed by Magistrate Judge Jonathan Goodman on 1/2/2019. See attached document for full details. (km03)
December 27, 2018 Opinion or Order Filing 1515 Unopposed EXPEDITED MOTION to Dissolve Writs of Garnishment by Patheon Inc.. (Attachments: #1 Micuica Mgmt Proposed Order, #2 Big River Proposed Order, #3 Ruben Minski Proposed Order, #4 Originates Proposed Order, #5 Sofgen Proposed Order, #6 Pame Holdings Proposed Order, #7 Balouarte Inc. Proposed Order, #8 Wellnext LLC Proposed Order, #9 Champion Performance Products Proposed Order, #10 Iceland Health Proposed Order, #11 Rainbow Light Nutritional Systems Proposed Order, #12 Nutri-Health Direct Real Estate Proposed Order, #13 Rainbow Light Real Estate Holding Proposed Order, #14 Nature's Products Real Estate Holding Proposed Order, #15 Wellnext Direct Proposed Order, #16 Jose Minski Proposed Order, #17 Jack Minski Proposed Order, #18 Joel Minski Proposed Order, #19 Meyer Minski Proposed Order)(Elegant, Justin)
May 24, 2018 Opinion or Order Filing 1514 Notice that on 5/23/18, a courier sent by Carlton Fields picked up the CD that contained the firm's redacted and unredacted billing statements. Therefore, as of that date, chambers is no longer in possession of this CD. (jf00)
May 7, 2018 Opinion or Order Filing 1513 Appeal Record Returned from USCA (Miami/Records): Consisting of (1) Accordian Folder Containing de# 238,249 and 889 #1178 Notice of Appeal, USCA # 17-14147-HH (hh)
April 30, 2018 Opinion or Order Filing 1512 ORDER of Dismissal of USCA, pursuant to Appellant Procaps S.A.'s motion for voluntary dismissal, this appeal was dismissed on April 30, 2018 as to #1178 Notice of Appeal, filed by Procaps S.A., USCA # 17-14147-HH (hh)
April 27, 2018 Opinion or Order Filing 1510 ORDER granting #1509 Motion to Seal the Settlement Agreement. The Settlement Agreement should remain sealed permanently. Signed by Magistrate Judge Jonathan Goodman on 4/27/2018. (jf00)
April 27, 2018 Opinion or Order SYSTEM ENTRY - Docket Entry 1511 [misc] restricted/sealed until further notice. (1174485)
April 25, 2018 Opinion or Order Filing 1509 Joint MOTION to Seal Settlement Agreement per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Gaukroger, Gavin)
April 13, 2018 Opinion or Order Filing 1508 STATUS REPORT : Joinder to Joint Status Report [D.E. No. 1507], by Sofgen Pharmaceuticals LLC (Solomon, Steven)
April 13, 2018 Opinion or Order Filing 1507 STATUS REPORT (Joint) by Procaps S.A. (Salner, Craig)
April 2, 2018 Opinion or Order Filing 1506 ENDORSED ORDER requiring the parties to, by April 13, 2018, file a joint status report concerning the post-judgment collection proceedings. The status report should indicate whether the Court needs to (or should, even if not technically required) hold a jury trial, a non-jury trial, an evidentiary hearing or another type of hearing for any of the post-judgment actions Patheon has taken. If the parties disagree about what is needed or preferred, then they shall state each side's position. In addition, to the extent that any trial or hearing involves a third party (e.g., a garnishee), then the third party's position should be noted, as well. And if a third party, such as a garnishee, is represented by counsel, then the joint status report shall so state. Signed by Magistrate Judge Jonathan Goodman on 4/2/2018. (jf00)
March 26, 2018 Opinion or Order Filing 1505 REPLY to #1485 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
March 7, 2018 Opinion or Order Filing 1504 ENDORSED ORDER denying as moot 1426 Patheon's Motion for Order to Show Cause against the Carlton Fields law firm. Signed by Magistrate Judge Jonathan Goodman on 3/7/2018. (JG)
March 6, 2018 Opinion or Order Filing 1503 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Jack Minski and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1502 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Joel Minski and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1501 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Wellnext LLC and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1500 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Nature's Products, Inc. and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1499 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Sofgen Pharmaceuticals LLC and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1498 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Originates, Inc. and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1497 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Ruben Minski and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1496 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Meyer Minski and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1495 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Jose Minski and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1494 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Wellnext Direct, LLC and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1493 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Rainbow Light Real Estate Holding Company, LLC and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1492 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Rainbow Light Nutritional Systems, Inc. and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1491 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Pame Holdings, LLC and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1490 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Nutri-Health Direct Real Estate Holding Company, LLC and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1489 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Micuica Management LLC and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1488 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Fundacion Procaps Inc. and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1487 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Bigriver Investment Corp. and Certificate of Service (Elegant, Justin)
March 6, 2018 Opinion or Order Filing 1486 NOTICE by Patheon Inc. of Extension of Writ of Garnishment against Balouarte, Inc. and Certificate of Service (Elegant, Justin)
March 5, 2018 Opinion or Order Filing 1485 ANSWER to Writ of Garnishment by Ruben Minski. Reply/Objections to Writ Answer due by 3/26/2018. (Salner, Craig)
February 27, 2018 Opinion or Order Filing 1484 Redacted Transcript of Discovery Hearing held on October 7, 2013, before Magistrate Judge Jonathan Goodman, 1-188 pages, re: #147 Transcript, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. (le)
February 13, 2018 Opinion or Order Filing 1483 AFFIDAVIT/DECLARATION signed by : Ana Cortez. re #1472 Order by Sofgen Pharmaceuticals LLC (ls)
February 13, 2018 Opinion or Order Filing 1482 NOTICE of Filing Original Declaration of Ana Cortez in Response to Notice to Appear by Sofgen Pharmaceuticals LLC re #1472 Order (ls)
February 13, 2018 Opinion or Order Filing 1481 DEMAND for Trial by Jury by Sofgen Pharmaceuticals LLC (Craig, Ted)
February 13, 2018 Opinion or Order Filing 1480 Answer, Affirmative Defenses, and Jury Demand to #1472 Order In Response to Notice to Appear by Sofgen Pharmaceuticals LLC. (Craig, Ted)
February 8, 2018 Opinion or Order Filing 1479 NOTICE of Compliance by Patheon Inc. re #1472 Order (Elegant, Justin)
February 7, 2018 Opinion or Order Filing 1478 NOTICE by Procaps S.A. re #1468 Notice of Compliance, 1459 Order on Motion to Seal,,, 1475 Order on Motion for Leave to File, #1476 Response/Reply (Other) of Re-Designation of Documents (Salner, Craig) Modified Text on 2/8/2018 (ls).
February 6, 2018 Opinion or Order Filing 1477 NOTICE by Patheon Inc. re #1469 Order (Elegant, Justin)
February 6, 2018 Opinion or Order Filing 1476 RESPONSE to #1468 Notice of Compliance by Patheon Inc.. (Elegant, Justin)
February 6, 2018 Opinion or Order Filing 1475 ENDORSED ORDER granting #1470 Patheon's Motion for Leave to File a two-page response (excluding signatures and certificate of service) to Procaps' notice #1468 . Signed by Magistrate Judge Jonathan Goodman on 2/6/2018. (jf00)
February 6, 2018 Opinion or Order Filing 1474 Acknowledgment of Receipt of ROA from USCA re #1178 Notice of Appeal, filed by Procaps S.A.. Date received by USCA: 1/18/18. USCA Case Number: 17-14147-H. (hh)
February 6, 2018 Opinion or Order Filing 1473 TRANSCRIPT of Hearing Proceedings held on 2/1/18 before Magistrate Judge Jonathan Goodman, 1-49 pages, re: #1178 Notice of Appeal, Court Reporter: Bonnie J. Lewis, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2018. Redacted Transcript Deadline set for 3/9/2018. Release of Transcript Restriction set for 5/7/2018. (Attachments: #1 Designation Access Form)(hh)
February 6, 2018 Opinion or Order Filing 1472 Notice to Appear to Sofgen Pharmaceuticals LLC. Signed by Magistrate Judge Jonathan Goodman on 2/6/2018. (jf00)
February 6, 2018 Opinion or Order Filing 1471 OMNIBUS ORDER on #1396 , #1436 , and 1445 Patheon's Motions for Proceedings Supplementary and to Implead Sofgen Pharmaceuticals LLC. Signed by Magistrate Judge Jonathan Goodman on 2/6/2018. (jf00)
February 6, 2018 Opinion or Order Filing 1470 MOTION for Leave to File a Short Response to Procaps' Notice of Compliance by Patheon Inc.. (Elegant, Justin)
February 2, 2018 Opinion or Order Filing 1469 Post-Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 2/2/2018. (jf00)
February 2, 2018 Opinion or Order Filing 1468 NOTICE of Compliance by Procaps S.A. re 1459 Order on Motion to Seal,,, (Attachments: #1 Exhibit A) (Salner, Craig)
February 1, 2018 Opinion or Order Filing 1467 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Miscellaneous Hearing held on 2/1/2018. Total time in court: 1 hour(s) : 10 minutes. Attorney Appearance(s): Eduardo Rene Robayna, Spencer Hal Silverglate, Michael J. Klisch, Justin B. Elegant, Robert T. Cahill, Craig Salner, (Digital 14:31:01) (mso)
February 1, 2018 Opinion or Order Filing 1466 ENDORSED ORDER granting Patheon's Motion #1465 and premitting non-participating lead counsel, Michael J. Klisch, to listen to today's hearing on Patheon's Motion for Proceedings Supplementary to Compel Assignments of Intellectual Property (hearing) by telephone. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. However, Mr. Klisch shall not present any argument at the hearing -- Mr. Klisch's participation is limited to listening. Only Patheon's counsel that is attending the hearing in person may orally advocate on Patheon's behalf. In addition, if the phone connection is lost, then the Court will not take time away from the hearing to resolve such technical difficulties. Signed by Magistrate Judge Jonathan Goodman on 2/1/2018. (jf00)
January 31, 2018 Opinion or Order Filing 1465 Defendant's MOTION to Allow Non-Participating Counsel, Michael J. Klisch, to Listen to the February 1, 2018 Hearing by Telephone re 1464 Endorsed Order, Set/Reset Hearings,, by Patheon Inc.. (Gaukroger, Gavin) Modified Text on 2/1/2018 (ls).
January 30, 2018 Opinion or Order Filing 1464 ENDORSED ORDER. Based on an unavoidable and last minute scheduling conflict, the Court is resetting the hearing on Patheon's motion for proceedings supplementary to compel assignments of intellectual property [ECF No. 1396] to 2/1/2018 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. **DATE CHANGE ONLY** Signed by Magistrate Judge Jonathan Goodman on 1/30/2018. (jf00)
January 29, 2018 Opinion or Order Filing 1463 REPLY to #1436 MOTION for Proceedings Supplementary and to Implead Sofgen Pharmaceuticals LLC (Redacted Version) by Patheon Inc.. (Elegant, Justin)
January 29, 2018 Opinion or Order Filing 1462 Notice of Supplemental Authority re 1453 Endorsed Order,,, by Procaps S.A. (Salner, Craig)
January 29, 2018 Opinion or Order Filing 1461 Notice of Supplemental Authority re 1453 Endorsed Order,,, by Patheon Inc. (Elegant, Justin)
January 26, 2018 Opinion or Order Filing 1459 ENDORSED ORDER granting #1458 Procaps' Motion to Seal its Response to the Motion for Proceedings Supplementary and to Implead Sofgen Pharmaceuticals LLC. However, the mere fact that a party designates a document as "Highly Confidential" does not mean that Local Rule 5.4's requirements for filing documents under seal have been met. For now, Procaps may file the memorandum under seal, but the party who designated the documents attached, or information discussed, as "Highly Confidential" shall by February 2, 2018 file a memorandum explaining WHY it deserves this treatment and why it should be permitted as an under-seal submission. Signed by Magistrate Judge Jonathan Goodman on 1/26/2018. (jf00)
January 26, 2018 Opinion or Order Filing 1458 Unopposed MOTION to Seal Response to Motion for Proceedings Supplementary and to Implead Sofgen Pharmaceuticals LLC per Local Rule 5.4 by Procaps S.A.. (Attachments: #1 Text of Proposed Order) (Salner, Craig)
January 26, 2018 Opinion or Order SYSTEM ENTRY - Docket Entry 1460 [misc] restricted/sealed until further notice. (935985)
January 24, 2018 Opinion or Order Filing 1456 NOTICE of Compliance With Endorsed Order by Carlton Fields Jorden Burt, P.A. re 1450 Endorsed Order,, (Cohen, Jeffrey)
January 24, 2018 Opinion or Order SYSTEM ENTRY - Docket Entry 1457 [misc] restricted/sealed until further notice. (nc)
January 23, 2018 Opinion or Order Filing 1455 TRANSCRIPT of telephonic hearing held on 1-22-2018 before Magistrate Judge Jonathan Goodman, 1-21 pages, Court Reporter: Dawn Savino 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/13/2018. Redacted Transcript Deadline set for 2/23/2018. Release of Transcript Restriction set for 4/23/2018. (dwh)
January 23, 2018 Opinion or Order Filing 1454 REPLY to #1414 Answer to Writ of Garnishment by Patheon Inc.. (Attachments: #1 Exhibit A - Writ of Garnishment, #2 Exhibit B - Return of Service, #3 Exhibit C - Answer to Writ of Garnishment)(Elegant, Justin)
January 23, 2018 Opinion or Order Filing 1453 ENDORSED ORDER Post-Status Conference. The Hearing scheduled for 1/31/2018 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman will occur as scheduled. Sofgen's counsel is permitted to attend the hearing but is not permitted to argue at the hearing. If the parties seek to rely on authority at the hearing, not cited in their papers, then, by January 29, 2018, they may submit a "notice of supplemental authorities," which will list the new authorities. But this list will not contain argument or be a disguised memorandum. At most, the list of authorities may contain a one-sentence, objective summary of the relevant holding of each case or authority. The Court will strike any non-compliant notice of authorities. Signed by Magistrate Judge Jonathan Goodman on 1/23/2018. (jf00)
January 22, 2018 Opinion or Order Filing 1452 NOTICE of Compliance Additional Compliance by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
January 22, 2018 Opinion or Order Filing 1451 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Conference held on 1/22/2018. (Digital 16:31:47) (mso)
January 22, 2018 Opinion or Order Filing 1450 ENDORSED ORDER. On January 19, 2018, the Undersigned received by hand delivery from Procaps' counsel a CD containing the redacted and unredacted billing statements. Based on the cover letter, however, the Undersigned is unsure about whether Procaps also filed the original CD (or a copy of the CD) under seal with the Clerk's Office. If Procaps has not also filed the CD under seal with the Clerk's Office, then it shall do so by January 26, 2018. Signed by Magistrate Judge Jonathan Goodman on 1/22/2018. (jf00)
January 19, 2018 Opinion or Order Filing 1449 REPLY to Response to Motion re #1396 Defendant's MOTION for Proceedings Supplementary to Compel Assignments of Intellectual Property re #1167 Order filed by Patheon Inc.. (Elegant, Justin)
January 18, 2018 Opinion or Order Filing 1448 ENDORSED ORDER granting #1446 Carlton Fields' Motion for Clarification and permitting Carlton Fields to comply with the Court's Post Discovery Hearing Administrative Order [ECF No. 1395] by submitting to the Court by tomorrow, a CD containing the redacted versions provided to Patheon's counsel and an unredacted version of the complete documents with the redactions highlighted. Signed by Magistrate Judge Jonathan Goodman on 1/18/2018. (jf00)
January 18, 2018 Opinion or Order Filing 1447 ENDORSED ORDER setting a Telephone Conference for January 22, 2018 at 4:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. This hearing concerns Patheon's sealed motion [ECF No. 1445], copies of which Patheon advised have been served on counsel for Procaps and Sofgen. Counsel for Procaps, Patheon and Sofgen shall participate in the telephone hearing and shall be prepared to discuss a briefing schedule for Patheon's recent motion [ECF No. 1445] and whether that motion should be added to the agenda for the January 31, 2018 hearing (2:30 p.m.) already scheduled on another Patheon motion concerning proceedings supplementary. Procaps and Sofgen should start preparing their written responses to the motion [ECF No. 1445] now, in case the Court decides to consider this motion at the January 31, 2018 hearing. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. Signed by Magistrate Judge Jonathan Goodman on 1/18/2018. (jf00)
January 18, 2018 Opinion or Order Filing 1446 Amended MOTION for clarification of Order by Carlton Fields Jorden Burt, P.A.. Responses due by 2/1/2018 (Cohen, Jeffrey)
January 17, 2018 Opinion or Order Filing 1444 NOTICE of Compliance Additional Compliance by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
January 17, 2018 Opinion or Order Filing 1443 ENDORSED ORDER striking #1439 Carlton Fields' Motion for Clarification based on its failure to comply with Local Rule 7.1. Signed by Magistrate Judge Jonathan Goodman on 1/17/2018. (jf00)
January 17, 2018 Opinion or Order Filing 1442 ENDORSED ORDER granting #1417 the Motion to Seal Patheon's Motion for Proceedings Supplementary to Implead Sofgen Pharmaceuticals LLC. Signed by Magistrate Judge Jonathan Goodman on 1/17/2018. (jf00)
January 17, 2018 Opinion or Order SYSTEM ENTRY - Docket Entry 1445 [motion] restricted/sealed until further notice. (787651)
January 16, 2018 Opinion or Order Filing 1440 NOTICE of Compliance with Paragraphs 2 and 3 of Post Discovery Hearing Administrative Order by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
January 16, 2018 Opinion or Order Filing 1439 MOTION for clarification #1395 Order by Carlton Fields Jorden Burt, P.A.. Responses due by 1/30/2018 (Cohen, Jeffrey)
January 16, 2018 Opinion or Order Filing 1438 RESPONSE TO ORDER TO SHOW CAUSE re 1433 Endorsed Order,,, by Sofgen Pharmaceuticals LLC. (Solomon, Steven)
January 16, 2018 Opinion or Order Filing 1437 NOTICE of Compliance With Court Order by Procaps S.A. re 1435 Endorsed Order, Set/Reset Hearings,,,,,,,,,,,, (Silverglate, Spencer)
January 12, 2018 Opinion or Order Filing 1441 Clerks Notice to Filer re 1432 Sealed Document. Document Not Captioned; In the future when filing a Sealed Document the Filer must File a Notice of Filing with the attached Exhibits with the proper caption pursuant to Local Rules. It is not necessary to refile this document. (nc)
January 12, 2018 Opinion or Order Filing 1436 MOTION for Proceedings Supplementary and to Implead Sofgen Pharmaceuticals LLC (Redacted Version) by Patheon Inc.. (Elegant, Justin)
January 12, 2018 Opinion or Order Filing 1435 ENDORSED ORDER scheduling a Hearing on 1/31/2018 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. This hearing will be on Patheon's motion for proceedings supplementary to compel assignments of intellectual property [ECF No. 1396]. In addition, Procaps shall, by January 18, 2018, file a written estimate of how long it anticipates the evidentiary hearing it requested in its response [ECF No. 1430] would last, assuming it covered all the issues listed on pages 14 and 15 of its response. Also, Patheon shall, in its optional reply in further support of its motion for proceedings supplementary, give its position on Procaps' request for an evidentiary hearing and on Procaps' estimate for the hearing's duration and the topics it flagged for the evidentiary hearing. Patheon may also list any additional issues it believes should be discussed at an evidentiary hearing (even if it opposes the concept of an evidentiary hearing). Patheon will not waive its objection to an evidentiary hearing by advising, in the alternative, of additional topics to be covered if the Court were to reject a no-hearing position. The Court understands that a Patheon reply is technically only an option, but historical reality renders that theoretical possibility a virtual nullity, as the Undersigned considers it highly unlikely that Patheon will forego its opportunity to file a permissible, non-mandatory reply. Signed by Magistrate Judge Jonathan Goodman on 1/12/2018. (jf00)
January 12, 2018 Opinion or Order Filing 1434 AMENDED ENDORSED ORDER. The Undersigned's previous ENDORSED ORDER [ECF No. 1425] is modified as follows: Carlton Fields' deadline is now January 16, 2018. The Court is modifying this deadline because January 15, 2018 is a federal holiday. The rest of [ECF No. 1425] remains in effect. Signed by Magistrate Judge Jonathan Goodman on 1/12/2018. (jf00)
January 12, 2018 Opinion or Order Filing 1433 ENDORSED ORDER TO SHOW CAUSE. The Court's ENDORSED ORDER [ECF No. 1418] required "Sofgen Pharmaceuticals LLC's counsel to, by January 10, 2018, file a notice indicating whether Sofgen opposes Patheon's motion to seal its motion for proceedings supplementary." To date, no notice has been filed. Accordingly, Sofgen's counsel shall, by Tuesday, January 16, 2018, file a response explaining why this Court's ENDORSED ORDER was violated. By that same deadline, Sofgen's counsel shall also file the notice in compliance with [ECF No. 1418]. In addition, Patheon's counsel shall, by the end of today's business day, serve a copy of this ENDORSED ORDER TO SHOW CAUSE on Sofgen's counsel by email. Signed by Magistrate Judge Jonathan Goodman on 1/12/2018. (jf00)
January 12, 2018 Opinion or Order Filing 1431 NOTICE by Carlton Fields Jorden Burt, P.A. re #1395 Order of Filing Under Seal Copies of Retainer Agreement (Cohen, Jeffrey)
January 12, 2018 Opinion or Order Filing 1430 RESPONSE in Opposition re #1396 Defendant's MOTION for Proceedings Supplementary to Compel Assignments of Intellectual Property re #1167 Order filed by Procaps S.A.. Replies due by 1/19/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Salner, Craig)
January 12, 2018 Opinion or Order Filing 1429 NOTICE of Compliance Partial Compliance with Paragraph 2 of Post Discovery Hearing Administrative Order by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
January 12, 2018 Opinion or Order Filing 1428 NOTICE of Compliance With Paragraph 1 of Post Discovery Hearing Administrative Order by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
January 12, 2018 Opinion or Order Filing 1427 Clerks Notice to Filer re #1423 Response in Opposition to Motion,. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls)
January 12, 2018 Opinion or Order Filing 1425 ENDORSED ORDER granting in part and denying in part #1422 Carlton Fields' Motion for Extension of Time. The Undersigned will provide a slight enlargement of time -- up to and including January 15, 2018.The Undersigned notes that Carlton Fields advised of its intent to provide billing records on a redacted basis and to file under seal the unredacted records (so that the Undersigned may review them in camera). Regardless of whether Carlton Fields or Procaps' current law firm (or both) makes the decisions about which portions, if any, to redact, those redactions may be only for attorney-client, work product, trade secret or other legitimate basis. If the Court determines that there has been over-redaction or inappropriate redaction, then I will order immediate production of those improperly redacted portions and will consider a fee-shifting award against both law firms and/or individual lawyers at both law firms.One final point:Patheon contends that Procaps and their current counsel and Carlton Fields have been engaged in an intentional strategy of delay in connection with Patheon's efforts to obtain discovery for its post-judgment collection efforts. Without making a finding about whether this theory is in fact correct, the Undersigned is providing notice that any delay or stalling in response to legitimate discovery efforts from this point forward will be unacceptable and will be addressed appropriately and directly.Enough said about that. My message should be clear. But, in case it is not, here it is in layman's terms: No shenanigans. Period. End of discussion. Signed by Magistrate Judge Jonathan Goodman on 1/12/2018. (JG)
January 12, 2018 Opinion or Order Filing 1424 NOTICE of Compliance re: Service of Endorsed Order [DE 1418] on Counsel for Sofgen Pharmaceuticals LLC by Patheon Inc. (Gaukroger, Gavin)
January 12, 2018 Opinion or Order SYSTEM ENTRY - Docket Entry 1432 [misc] restricted/sealed until further notice. (522335)
January 11, 2018 Opinion or Order Filing 1426 MOTION for Order to Show Cause for Carlton Fields' Violation of the Court's December 22, 2017 Order by Patheon Inc.. (ls)(See Image at DE #1423)
January 11, 2018 Opinion or Order Filing 1423 RESPONSE in Opposition re #1422 MOTION for Extension of Time to Comply with Paragraphs 2 and 3 of Post Discovery Hearing Administrative Order and Notice of Partial Compliance re #1395 Order filed by Patheon Inc.. Replies due by 1/18/2018. (Attachments: #1 Exhibit Exhibit 1)(Gaukroger, Gavin) Modified to add missing event 1426 motion to show cause on 1/12/2018 (ls).
January 11, 2018 Opinion or Order Filing 1422 MOTION for Extension of Time to Comply with Paragraphs 2 and 3 of Post Discovery Hearing Administrative Order and Notice of Partial Compliance re #1395 Order by Carlton Fields Jorden Burt, P.A.. Responses due by 1/25/2018 (Cohen, Jeffrey)
January 10, 2018 Opinion or Order Attorney Chris S. Coutroulis; David Lanier Luck; Gary Michael Pappas; Alan Rosenthal; Donald R. Schmidt; Charles Woodward Throckmorton, V; D Matthew Allen and Natalie Jessica Carlos terminated. (ls) (per DE #1421)
January 10, 2018 Opinion or Order Filing 1421 ENDORSED ORDER granting #1419 the Unopposed Motion to Withdraw as Attorney. The Law Firm Carlton Fields Jorden Burt, P.A., as well as Natalie Jessica Carlos, Chris S. Coutroulis, David Lanier Luck, Gary Michael Pappas, Robert Wayne Pass, Alan Rosenthal, Donald R. Schmidt, and Charles Woodward Throckmorton are hereby withdrawn as Procaps' counsel. Signed by Magistrate Judge Jonathan Goodman on 1/10/2018. (jf00)
January 10, 2018 Opinion or Order Filing 1420 CERTIFICATE OF SERVICE by Patheon Inc. re #1414 Answer to Writ of Garnishment (Elegant, Justin)
January 10, 2018 Opinion or Order Filing 1419 Unopposed MOTION to Withdraw as Attorney by D. Matthew Allen, Natalie Jessica Carlos, Chris S. Coutroulis, David Lanier Luck, Gary Michael Pappas, Robert Wayne Pass, Alan Rosenthal, Donald R. Schmidt, Charles Woodward Throckmorton, V. by Procaps S.A.. Responses due by 1/24/2018 (Rosenthal, Alan)
January 8, 2018 Opinion or Order Filing 1418 ENDORSED ORDER requiring Sofgen Pharmaceuticals LLC's counsel to, by January 10, 2018, file a notice indicating whether Sofgen opposes Patheon's motion to seal its motion for proceedings supplementary. Patheon's counsel shall, by the end of today's business day, serve a copy of this ENDORSED ORDER on Sofgen's counsel by email. Signed by Magistrate Judge Jonathan Goodman on 1/8/2018. (jf00)
January 5, 2018 Opinion or Order Filing 1417 MOTION to Seal Motion For Proceedings Supplementary And To Implead Sofgen Pharmaceuticals LLC per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order) (Gaukroger, Gavin)
January 5, 2018 Opinion or Order Filing 1416 ENDORSED ORDER granting in part and denying in part #1407 Motion for Extension of Time to File. Procaps shall respond to Patheon's Motion for Proceedings Supplementary to Compel Assignments of Intellectual Property [ECF No. 1396] by no later than January 12, 2018. No further enlargements of time will be provided to Procaps in connection with the motion at issue barring compelling circumstances bordering on a genuine, significant emergency. Signed by Magistrate Judge Jonathan Goodman on 1/5/2018. (JG)
January 5, 2018 Opinion or Order Filing 1415 RESPONSE to #1407 MOTION for Extension of Time to File Response/Reply/Answer as to #1396 Defendant's MOTION for Proceedings Supplementary to Compel Assignments of Intellectual Property re #1167 Order by Patheon Inc.. (Elegant, Justin)
January 4, 2018 Opinion or Order Filing 1414 ANSWER to Writ of Garnishment and Demand for Attorneys' Fees by Meyer Minski. Reply/Objections to Writ Answer due by 1/24/2018. (Silverglate, Spencer)
January 3, 2018 Opinion or Order Filing 1413 NOTICE of Compliance With Post Discovery Hearing Administrative Order by Carlton Fields Jorden Burt, P.A. re #1395 Order (Cohen, Jeffrey)
January 3, 2018 Opinion or Order Filing 1412 ENDORSED ORDER granting #1375 Jack William Minski's Motion to Dismiss. The Writ of Garnishment issued against Jack William Minski is dismissed. Signed by Magistrate Judge Jonathan Goodman on 1/3/2018. (jf00)
January 3, 2018 Opinion or Order Filing 1411 ENDORSED ORDER requiring Patheon to respond to Procaps' motion for an enlargement of time #1407 by January 5, 2018. The response may not exceed two double-spaced pages (excluding signature block and certificate of service). No reply is permitted absent further court order. Signed by Magistrate Judge Jonathan Goodman on 1/3/2018. (jf00)
January 3, 2018 Opinion or Order Filing 1410 RESPONSE to Motion re #1375 MOTION to Dismiss 1326 Sealed Order on Motion, Order on Ex Parte Motion filed by Patheon Inc.. Replies due by 1/10/2018. (Attachments: #1 Exhibit A-C)(Elegant, Justin)
January 3, 2018 Opinion or Order Filing 1409 Certified and Transmitted Record on Appeal to US Court of Appeals Consisting of (1) Accordian Folder Containing DE# 238, 249 and DE# 889 re #1178 Notice of Appeal, USCA # 17-14147-HH (hh)
January 3, 2018 Opinion or Order Filing 1408 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #1178 Notice of Appeal, Appeal No. 17-14147-HH. The record on appeal is available electronically with the exception of: (1) Accordian Folder Containing DE# 238,249 and DE# 889. (hh)
January 3, 2018 Opinion or Order Filing 1407 MOTION for Extension of Time to File Response/Reply/Answer as to #1396 Defendant's MOTION for Proceedings Supplementary to Compel Assignments of Intellectual Property re #1167 Order by Procaps S.A.. (Attachments: #1 Text of Proposed Order)(Silverglate, Spencer)
January 2, 2018 Opinion or Order Filing 1406 REPLY to #1389 Answer to Writ of Garnishment by Patheon Inc.. (Attachments: #1 Exhibit s A-C)(Elegant, Justin)
January 2, 2018 Opinion or Order Filing 1405 REPLY to #1387 Answer to Writ of Garnishment by Patheon Inc.. (Attachments: #1 Exhibit s A-C)(Elegant, Justin)
December 29, 2017 Opinion or Order Filing 1404 ENDORSED ORDER granting #1403 Carlton Fields' Motion For Clarification.1. Carlton Fields may comply with Category 1 of the Subpoena by January 12, 2018. It must, however, file the notice concerning the "carve out" category of documents by January 3, 2018.2. Carlton Fields has additional time, through and including January 12, 2018, to file a notice advising the Court about whether there are more than five matters for which bills were rendered.3. Carlton Fields may produce the responsive documents by January 12, 2018.4. Happy New Year to all. Signed by Magistrate Judge Jonathan Goodman on 12/29/2017. (JG)
December 29, 2017 Opinion or Order Filing 1403 MOTION Clarification and/or Modification of Post Discovery Hearing Administrative Order re #1395 Order by Carlton Fields Jorden Burt, P.A.. (Cohen, Jeffrey)
December 28, 2017 Opinion or Order Filing 1402 NOTICE of Attorney Appearance by Steven Jon Solomon on behalf of Originates, Inc. (Solomon, Steven)
December 28, 2017 Opinion or Order Filing 1401 NOTICE of Attorney Appearance by Steven Jon Solomon on behalf of Sofgen Pharmaceuticals LLC (Solomon, Steven)
December 28, 2017 Opinion or Order Filing 1400 ENDORSED ORDER requiring Patheon, by January 3, 2018, to respond to Mr. Jack William Minski's motion to dismiss #1375 . Signed by Magistrate Judge Jonathan Goodman on 12/28/2017. (jf00)
December 28, 2017 Opinion or Order Filing 1399 TRANSCRIPT of discovery hearing held on 12-21-2017 before Magistrate Judge Jonathan Goodman, 1-77 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/18/2018. Redacted Transcript Deadline set for 1/29/2018. Release of Transcript Restriction set for 3/28/2018. (dwh)
December 27, 2017 Opinion or Order Filing 1398 REPLY to #1380 Answer to Writ of Garnishment by Severe Paintball, L.C. by Patheon Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gaukroger, Gavin)
December 27, 2017 Opinion or Order Filing 1397 REPLY to #1381 Answer to Writ of Garnishment by Jose Minski by Patheon Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gaukroger, Gavin)
December 26, 2017 Opinion or Order Filing 1396 Defendant's MOTION for Proceedings Supplementary to Compel Assignments of Intellectual Property re #1167 Order by Patheon Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Elegant, Justin)
December 22, 2017 Opinion or Order Filing 1395 Post-Discovery Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 12/22/2017. (jf00)
December 21, 2017 Opinion or Order Filing 1394 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 12/21/2017. (Digital 15:29:04) (mso)
December 19, 2017 Opinion or Order Filing 1393 CERTIFICATE OF SERVICE by Patheon Inc. of Writ of Garnishment against Meyer Minski (Elegant, Justin)
December 19, 2017 Opinion or Order Filing 1392 Writ of Execution Returned (ls)
December 15, 2017 Opinion or Order Filing 1391 CERTIFICATE OF SERVICE by Patheon Inc. re #1389 Answer to Writ of Garnishment (Elegant, Justin)
December 15, 2017 Opinion or Order Filing 1390 CERTIFICATE OF SERVICE by Patheon Inc. re #1387 Answer to Writ of Garnishment (Elegant, Justin)
December 13, 2017 Opinion or Order Filing 1389 ANSWER to Writ of Garnishment by Joel Minski. Reply/Objections to Writ Answer due by 1/2/2018. (Lehman, Thomas)
December 12, 2017 Opinion or Order Filing 1388 REPLY to #1367 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
December 12, 2017 Opinion or Order Filing 1387 ANSWER to Writ of Garnishment by Jack Minski. Reply/Objections to Writ Answer due by 1/2/2018. (Lehman, Thomas)
December 11, 2017 Opinion or Order Filing 1386 ENDORSED ORDER granting #1385 Defendant's Motion. The Cooley lawyers are permitted to attend the December 21, 2017 discovery hearing by telephone. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. Signed by Magistrate Judge Jonathan Goodman on 12/11/2017. (jf00)
December 11, 2017 Opinion or Order Filing 1385 Unopposed MOTION to Attend the December 21, 2017 Hearing by Telephone re #1382 Notice re Hearing by Attorney, by Patheon Inc.. (Attachments: #1 Text of Proposed Order)(Gaukroger, Gavin)
December 8, 2017 Opinion or Order Filing 1384 CERTIFICATE OF SERVICE by Patheon Inc. re #1381 Answer to Writ of Garnishment (Elegant, Justin)
December 8, 2017 Opinion or Order Filing 1383 CERTIFICATE OF SERVICE by Patheon Inc. re #1380 Answer to Writ of Garnishment (Elegant, Justin)
December 7, 2017 Opinion or Order Filing 1382 NOTICE of Hearing by ATTORNEY:. Attorney Jeffrey Michael Cohen added to party Carlton Fields Jorden Burt, P.A.(pty:ip). Discovery Hearing set for 12/21/2017 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Attachments: #1 Exhibit A - Subpoena) (Cohen, Jeffrey)
December 6, 2017 Opinion or Order Filing 1381 ANSWER to Writ of Garnishment by Jose Minski. Reply/Objections to Writ Answer due by 12/27/2017. (Robayna, Eduardo)
December 4, 2017 Opinion or Order Filing 1380 ANSWER to Writ of Garnishment by Severe Paintball, L.C.. Reply/Objections to Writ Answer due by 12/27/2017. (rms1)
December 4, 2017 Opinion or Order Filing 1379 REPLY to #1327 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
December 4, 2017 Opinion or Order Filing 1378 REPLY to #1321 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
December 1, 2017 Opinion or Order Filing 1377 CERTIFICATE OF SERVICE by Patheon Inc. (Elegant, Justin)
November 29, 2017 Opinion or Order Filing 1376 ANSWER to Writ of Garnishment by JPMORGAN CHASE BANK, N.A.. Reply/Objections to Writ Answer due by 12/19/2017. (Herron, Andrew)
November 28, 2017 Opinion or Order Filing 1375 MOTION to Dismiss of Jack William Minski re: 1326 Writ of Garnishment Responses due by 12/12/2017 (gp)
November 27, 2017 Opinion or Order Filing 1374 CERTIFICATE OF SERVICE by Patheon Inc. of Answer of Garnishee Lake Point Investments of NC, LLC (Elegant, Justin)
November 27, 2017 Opinion or Order Filing 1373 CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against JPMorgan Chase Bank, N.A. (Elegant, Justin)
November 27, 2017 Opinion or Order Filing 1372 CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against Jack Minski (Elegant, Justin)
November 27, 2017 Opinion or Order Filing 1371 REPLY to #1309 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
November 27, 2017 Opinion or Order Filing 1370 REPLY to #1308 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
November 27, 2017 Opinion or Order Filing 1369 REPLY to #1307 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
November 27, 2017 Opinion or Order Filing 1368 REPLY to #1306 Answer to Writ of Garnishment by Patheon Inc.. (Elegant, Justin)
November 22, 2017 Opinion or Order Filing 1367 ANSWER of Garnishee by Lake Point Investments Of NC, LLC. Reply/Objections to Writ Answer due by 12/12/2017. (kpe)
November 22, 2017 Opinion or Order Filing 1366 NOTICE by Patheon Inc. of Intent to Serve Subpoena upon Carlton Fields Jorden But, P.A. (Elegant, Justin)
November 21, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1365 [misc] restricted/sealed until further notice. (nc)
November 20, 2017 Opinion or Order Filing 1363 CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against Joel Minski (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1362 CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against Jose Minski (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1361 REPLY to #1276 Answer to Writ of Garnishment of Iceland Health, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1360 REPLY to #1282 Answer to Writ of Garnishment of Originates, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1359 REPLY to #1280 Answer to Writ of Garnishment of Nature's Products, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1358 REPLY to #1279 Answer to Writ of Garnishment of Wellnext LLC by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1357 REPLY to #1281 Answer to Writ of Garnishment of Sofgen Pharmaceuticals LLC by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1356 REPLY to #1283 Answer to Writ of Garnishment of Rainbow Light Nutritional Systems, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1355 REPLY to #1277 Answer to Writ of Garnishment of Iceland Health, LLC by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1354 REPLY to #1297 Answer to Writ of Garnishment of Nature's Products Real Estate Holding Company, LLC by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1353 REPLY to #1298 Answer to Writ of Garnishment of Rainbow Light Real Estate Holding Company, LLC by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1352 REPLY to #1299 Answer to Writ of Garnishment of Nutri-Health Direct Real Estate Holding Company, LLC by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1351 REPLY to #1300 Answer to Writ of Garnishment of Wellnext Direct, LLC by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1350 REPLY to #1278 Answer to Writ of Garnishment by Garnishee Champion Performance Products, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1349 REPLY to #1287 Answer to Writ of Garnishment by Garnishee Direct Resources, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1348 REPLY to #1289 Answer to Writ of Garnishment by Garnishee Health Asure, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1347 REPLY to #1296 Answer to Writ of Garnishment by Garnishee Western Vitamins and Health Products, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1346 REPLY to #1288 Answer to Writ of Garnishment by Garnishee Fundacion Procaps Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1345 REPLY to #1286 Answer to Writ of Garnishment by Garnishee Big River Investment Corp. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1344 REPLY to #1290 Answer to Writ of Garnishment by Garnishee M.G. Adhesives, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1343 REPLY to #1291 Answer to Writ of Garnishment by Garnishee M.R.S.J. Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1342 REPLY to #1292 Answer to Writ of Garnishment by Garnishee RJR Products Group Ltd., Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1341 REPLY to #1295 Answer to Writ of Garnishment by Garnishee Suncoast Laboratories, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1340 REPLY to #1293 Answer to Writ of Garnishment by Garnishee Scapolite of Florida, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1339 REPLY to #1294 Answer to Writ of Garnishment by Garnishee Shumode, Inc. by Patheon Inc.. (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1338 CERTIFICATE OF SERVICE by Patheon Inc. of Answer of Health Products Holdings, LLC to Writ of Garnishment (Elegant, Justin)
November 20, 2017 Opinion or Order Filing 1337 CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against Severe Paintball L.C. (Elegant, Justin)
November 20, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1364 [motion] restricted/sealed until further notice. (787651)
November 17, 2017 Opinion or Order Filing 1336 ANSWER to Writ of Garnishment by Health Products Holdings, LLC. Reply/Objections to Writ Answer due by 12/7/2017. (Wulbern, Allan)
November 16, 2017 Opinion or Order Filing 1335 ANSWER to Writ of Garnishment Answer of Garnishee, Health Products Holdings, LLC now known as Wellnext, LLC to Writ of Garnishment and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 12/6/2017. (Lehman, Thomas)
November 16, 2017 Opinion or Order Filing 1334 NOTICE of Attorney Appearance by Thomas Ralph Lehman on behalf of Joel Minski. Attorney Thomas Ralph Lehman added to party Joel Minski(pty:ip). (Lehman, Thomas)
November 16, 2017 Opinion or Order Filing 1333 NOTICE of Attorney Appearance by Thomas Ralph Lehman on behalf of Camila Minski. Attorney Thomas Ralph Lehman added to party Camila Minski(pty:ip). (Lehman, Thomas)
November 16, 2017 Opinion or Order Filing 1332 NOTICE of Attorney Appearance by Thomas Ralph Lehman on behalf of Jack Minski. Attorney Thomas Ralph Lehman added to party Jack Minski(pty:ip). (Lehman, Thomas)
November 16, 2017 Opinion or Order Filing 1331 NOTICE of Attorney Appearance by Thomas Ralph Lehman on behalf of Sharon Minski. Attorney Thomas Ralph Lehman added to party Sharon Minski(pty:ip). (Lehman, Thomas)
November 15, 2017 Opinion or Order Filing 1330 CERTIFICATE OF SERVICE by Patheon Inc. of Answer of Garnishee, Pame Holdings, LLC, to Writ of Garnishment (Elegant, Justin)
November 14, 2017 Opinion or Order Filing 1329 CERTIFICATE OF SERVICE by Patheon Inc. of Answer of Garnishee, Balouarte, Inc. to Writ of Garnishment (Elegant, Justin)
November 14, 2017 Opinion or Order Filing 1328 CERTIFICATE OF SERVICE by Patheon Inc. of Motion for Writ of Garnishment and Writ of Garnishment against Access International Services, Corp. (Elegant, Justin)
November 14, 2017 Opinion or Order Filing 1327 ANSWER to Writ of Garnishment by Pame Holdings, LLC. Reply/Objections to Writ Answer due by 12/4/2017. (ls)
November 14, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1323 [order] restricted/sealed until further notice. (gp)
November 14, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1322 [order] restricted/sealed until further notice. (gp)
November 14, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1324 [order] restricted/sealed until further notice. (gp)
November 14, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1326 [order] restricted/sealed until further notice. (gp)
November 14, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1325 [order] restricted/sealed until further notice. (gp)
November 13, 2017 Opinion or Order Filing 1321 ANSWER to Writ of Garnishment by Balouarte, Inc.. Reply/Objections to Writ Answer due by 12/4/2017. (ls)
November 10, 2017 Opinion or Order Filing 1320 CERTIFICATE OF SERVICE by Patheon Inc. of Answers to Writs of Garnishment (Elegant, Justin)
November 10, 2017 Opinion or Order Filing 1319 CERTIFICATE OF SERVICE by Patheon Inc. of Answers to Writ of Garnishment (Elegant, Justin)
November 9, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1315 [motion] restricted/sealed until further notice. (787651)
November 9, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1316 [motion] restricted/sealed until further notice. (787651)
November 9, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1317 [motion] restricted/sealed until further notice. (787651)
November 9, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1318 [motion] restricted/sealed until further notice. (787651)
November 9, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1314 [motion] restricted/sealed until further notice. (787651)
November 7, 2017 Opinion or Order Filing 1313 NOTICE by Patheon Inc. of Serving Garnishee's Answer and Notice of Writ to Dissolve Writ of Garnishment Pursuant to F.S. 77.055 (Elegant, Justin)
November 7, 2017 Opinion or Order Filing 1312 NOTICE by Patheon Inc. of Serving Garnishees' Answers and Notice of Right to Dissolve Writs of Garnishment Pursuant to F.S. 77.055 (Elegant, Justin)
November 7, 2017 Opinion or Order Filing 1311 CERTIFICATE OF SERVICE by Patheon Inc. of Notice of Service of Motion for Writ of Garnishment and Writ of Garnishment against Lake Point Investments of NC, LLC (Elegant, Justin)
November 7, 2017 Opinion or Order Filing 1310 CERTIFICATE OF SERVICE by Patheon Inc. of Notice of Service of Motion for Writ of Garnishment and Writ of Garnishment against Health Products Holdings LLC (Elegant, Justin)
November 6, 2017 Opinion or Order Filing 1309 ANSWER to Writ of Garnishment by Pacific Holdco, Inc.. Reply/Objections to Writ Answer due by 11/27/2017. (ls)
November 6, 2017 Opinion or Order Filing 1308 ANSWER to Writ of Garnishment by Teamwork Agency, LLC. Reply/Objections to Writ Answer due by 11/27/2017. (ls)
November 6, 2017 Opinion or Order Filing 1307 ANSWER to Writ of Garnishment by Micuica Management LLC. Reply/Objections to Writ Answer due by 11/27/2017. (ls)
November 6, 2017 Opinion or Order Filing 1306 ANSWER to Writ of Garnishment by Pharmainvest, Inc.. Reply/Objections to Writ Answer due by 11/27/2017. (ls)
November 3, 2017 Opinion or Order Filing 1305 ORDER denying #1266 Plaintiff's Motion to Stay. Signed by Magistrate Judge Jonathan Goodman on 11/3/2017. (jf00)
November 2, 2017 Opinion or Order Filing 1304 NOTICE by Patheon Inc. of Serving Garnishees' Answers and Notice of Right to Dissolve Writs of Garnishment Pursuant to F.S. 70.055 (Elegant, Justin)
November 2, 2017 Opinion or Order Filing 1303 NOTICE by Patheon Inc. of Serving Garnishees' Answers and Notice of Right to Dissolve Writs of Garnishment Pursuant to F.S. 77.055 (Elegant, Justin)
November 2, 2017 Opinion or Order Filing 1302 NOTICE by Patheon Inc. of Serving Garnishees' Answres and Notice of Right to Dissolve Writs of Garnishment Pursuant to F.S. 77.055 (Elegant, Justin)
November 2, 2017 Opinion or Order Filing 1301 NOTICE by Patheon Inc. of Serving Garnishees' Answers and Notice of Right to Dissolve Writs of Garnishment Pursuant to F.S. 77.055 (Elegant, Justin)
November 1, 2017 Opinion or Order Filing 1300 ANSWER to Writ of Garnishment and Demand for Attorney's Fees by Wellnext Direct, LLC. Reply/Objections to Writ Answer due by 11/21/2017. (gp)
November 1, 2017 Opinion or Order Filing 1299 ANSWER to Writ of Garnishment and Demand for Attorney's Fees by Nutri-Health Direct Real Estate Holding Company, LLC. Reply/Objections to Writ Answer due by 11/21/2017. (gp)
November 1, 2017 Opinion or Order Filing 1298 ANSWER to Writ of Garnishment and Demand for Attorney's Fees by Rainbow Light Real Estate Holding Company, LLC. Reply/Objections to Writ Answer due by 11/21/2017. (gp)
November 1, 2017 Opinion or Order Filing 1297 ANSWER to Writ of Garnishment and Demand for Attorney's Fees by Nature's Products Real Estate Holding Company, LLC. Reply/Objections to Writ Answer due by 11/21/2017. (gp)
October 31, 2017 Opinion or Order Filing 1296 ANSWER to Writ of Garnishment by Western Vitamins and Health Products, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
October 31, 2017 Opinion or Order Filing 1295 ANSWER to Writ of Garnishment by Suncoast Laboratories, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
October 31, 2017 Opinion or Order Filing 1294 ANSWER to Writ of Garnishment by Shumode, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
October 31, 2017 Opinion or Order Filing 1293 ANSWER to Writ of Garnishment by Scapolite of Florida, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
October 31, 2017 Opinion or Order Filing 1292 ANSWER to Writ of Garnishment by RJR Products Group Ltd., Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
October 31, 2017 Opinion or Order Filing 1291 ANSWER to Writ of Garnishment by M.R.S.J. Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
October 31, 2017 Opinion or Order Filing 1290 ANSWER to Writ of Garnishment by M.G. Adhesives, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
October 31, 2017 Opinion or Order Filing 1289 ANSWER to Writ of Garnishment by Health Asure, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
October 31, 2017 Opinion or Order Filing 1288 ANSWER to Writ of Garnishment by Fundacion Procaps Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
October 31, 2017 Opinion or Order Filing 1287 ANSWER to Writ of Garnishment by Direct Resources, Inc.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
October 31, 2017 Opinion or Order Filing 1286 ANSWER to Writ of Garnishment by Big River Investment Corpo.. Reply/Objections to Writ Answer due by 11/20/2017. (gp)
October 31, 2017 Opinion or Order Filing 1285 RESPONSE in Opposition re #1266 MOTION to Stay re #1167 Order re 1274 Endorsed Order - Supplemental Opposition in Response to Motion to Stay filed by Patheon Inc.. Replies due by 11/7/2017. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Gaukroger, Gavin)
October 31, 2017 Opinion or Order Filing 1284 SUPPLEMENT to 1274 Bankruptcy Scheduling Order,, Order of Requirements,,,,,,,,,,,,,,,,,,,,,,,,,,, by Procaps S.A. (Attachments: #1 Exhibit A)(Salner, Craig)
October 31, 2017 Opinion or Order Filing 1283 ANSWER to Writ of Garnishment Answer of Garnishee, Rainbow Light Nutritional Systems, Inc. and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
October 31, 2017 Opinion or Order Filing 1282 ANSWER to Writ of Garnishment and Garnishee's Demand for Attorney's Fees, by ORIGINATES, INC.. Reply/Objections to Writ Answer due by 11/20/2017. (Solomon, Steven)
October 31, 2017 Opinion or Order Filing 1281 ANSWER to Writ of Garnishment and Garnishee's Demand for Attorney's Fees, by Sofgen Pharmaceuticals LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Solomon, Steven)
October 31, 2017 Opinion or Order Filing 1280 ANSWER to Writ of Garnishment Answer of Garnishee, Nature's Products, Inc. and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
October 31, 2017 Opinion or Order Filing 1279 ANSWER to Writ of Garnishment Answer of Garnishee, Wellnext LLC and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
October 31, 2017 Opinion or Order Filing 1278 ANSWER to Writ of Garnishment Answer of Garnishee, Champion Performance Products, Inc. and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
October 31, 2017 Opinion or Order Filing 1277 ANSWER to Writ of Garnishment Answer of Garnishee, Iceland Health, LLC and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
October 31, 2017 Opinion or Order Filing 1276 ANSWER to Writ of Garnishment Answer of Garnishee, Iceland Health, Inc. and Garnishee's Demand for Attorney's Fees by Wellnext LLC. Reply/Objections to Writ Answer due by 11/20/2017. (Lehman, Thomas)
October 31, 2017 Opinion or Order Filing 1275 CERTIFICATE OF SERVICE by Patheon Inc. Notice of Service of Motion for Writ of Garnishment and Writ of Garnishment (Elegant, Justin)
October 26, 2017 Opinion or Order Filing 1274 ENDORSED ORDER re #1266 MOTION to Stay re #1167 Order filed by Procaps S.A., #1273 Reply to Response to Motion filed by Procaps S.A., #1271 Response in Opposition to Motion filed by Patheon Inc., Plaintiff's "motion to stay all post-judgment proceedings pending appellate jurisdictional ruling" does not seek a stay until the underlying appeal is resolved. Instead, as the title of its motion reveals, Procaps is seeking a stay until only the Eleventh Circuit Court of Appeals rules upon a jurisdictional issue which the appellate court itself flagged. The appellate court's October 14 notice requires both parties to brief the jurisdictional issue -- of whether the parties consented to the Undersigned's jurisdiction to handle a motion for fees and costs and, if not, whether the parties implicitly consented through their conduct -- by October 30, 2017. In its reply, Procaps suggests [ECF NO. 1273, p. 2] that the appellate court "will rule within a matter of weeks, if not sooner."Patheon's response, however, discusses authority addressing a stay of a judgment pending resolution of the entire appeal, a scenario which the Undersigned deems to be significantly different than the one here, which could arguably involve a stay which, if granted, might last no more than a few weeks.Unfortunately, Patheon's opposition response does not address legal authority on this circumstance and Procaps' reply, while underscoring the potential distinction between a stay lasting for the duration of an entire appeal and one lasting until a threshold jurisdictional issue flagged by the court is resolved, does not cite any case law or other authority supporting its request for a bond-free stay.Therefore the parties shall by October 31, 2017 each submit a supplemental memorandum of no more than three pages (excluding signature block and certificate of service) discussing the propriety of entering a stay without a bond until the appellate court resolves a jurisdictional issue, as opposed to one lasting for the entire appeal. At the risk of stating the obvious, the case law and other authority should, if possible, involve similar situations. Signed by Magistrate Judge Jonathan Goodman on 10/26/2017. (JG)
October 25, 2017 Opinion or Order Filing 1273 REPLY to Response to Motion re #1266 MOTION to Stay re #1167 Order Post-Judgment Proceedings Pending Appellate Jurisdictional Ruling filed by Procaps S.A.. (Silverglate, Spencer)
October 24, 2017 Opinion or Order Filing 1272 NOTICE of Attorney Appearance by Victoria Jean Wilson on behalf of Nature's Products, Inc., Wellnext LLC. Attorney Victoria Jean Wilson added to party Nature's Products, Inc.(pty:ip), Attorney Victoria Jean Wilson added to party Wellnext LLC(pty:ip). (Wilson, Victoria)
October 23, 2017 Opinion or Order Filing 1271 RESPONSE in Opposition re #1266 MOTION to Stay re #1167 Order filed by Patheon Inc.. Replies due by 10/30/2017. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Gaukroger, Gavin)
October 23, 2017 Opinion or Order Filing 1270 CERTIFICATE OF SERVICE by Patheon Inc. of Notice of Service of Motions for Writ of Garnishment and Writs of Garnishment (Elegant, Justin)
October 20, 2017 Opinion or Order Filing 1269 NOTICE of Attorney Appearance by Thomas Ralph Lehman on behalf of Nature's Products, Inc., Wellnext LLC. Attorney Thomas Ralph Lehman added to party Nature's Products, Inc.(pty:ip), Attorney Thomas Ralph Lehman added to party Wellnext LLC(pty:ip). (Lehman, Thomas)
October 17, 2017 Opinion or Order Set/Reset Deadlines/Hearings as to #1266 MOTION to Stay re #1167 Order . Responses due by 10/23/2017 Replies due by 10/26/2017. per DE 1267 (cbr)
October 17, 2017 Opinion or Order Filing 1268 CERTIFICATE OF SERVICE by Patheon Inc. of Notice of Service of Motions for Writ of Garnishment and Writs of Garnishment (Elegant, Justin)
October 17, 2017 Opinion or Order Filing 1267 ENDORSED ORDER re #1266 Procaps' MOTION to Stay re #1167 Order filed by Procaps S.A. Given that the Eleventh Circuit's October 16, 2017 jurisdictional question inquiry requires both parties to within fourteen (14) days of its notice brief specific questions concerning the Undersigned's jurisdiction to rule on the motions for fees and costs and enter a judgment, Defendant Patheon shall file a response to Procaps' October 17, 2017 motion to stay by October 23, 2017 and Procaps may file an optional reply of no more than two pages by October 26, 2017. Signed by Magistrate Judge Jonathan Goodman on 10/17/2017. (JG)
October 17, 2017 Opinion or Order Filing 1266 MOTION to Stay re #1167 Order by Procaps S.A.. Responses due by 10/31/2017 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Salner, Craig)
October 16, 2017 Opinion or Order Filing 1265 ORDER on #1256 Procaps' Motion to Clarify or Correct the Post-Discovery Hearing Administrative Order. Signed by Magistrate Judge Jonathan Goodman on 10/16/2017. (jf00)
October 13, 2017 Opinion or Order Filing 1264 REPLY to Response to Motion re #1256 MOTION to Amend/Correct #1221 Order filed by Procaps S.A.. (Silverglate, Spencer)
October 12, 2017 Opinion or Order Filing 1263 Endorsed ORDER granting #1262 Procaps' Amended Motion for Leave to File a Reply in further support of its motion to correct or clarify. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Procaps may file a reply of no more than three double-spaced pages, excluding signature block and certificate of service, by October 13, 2017. The reply must be limited to a rebuttal of the new representations made by Patheon in its opposition response. Signed by Magistrate Judge Jonathan Goodman on 10/12/2017. (JG)
October 12, 2017 Opinion or Order Filing 1262 Amended MOTION for Leave to File Reply to Patheon's Response to Motion to Correct or Clarify Post-Hearing Administrative Order by Procaps S.A.. (Silverglate, Spencer)
October 11, 2017 Opinion or Order Filing 1261 ENDORSED ORDER striking #1260 Procaps' Motion for Leave to File reply -- because it violates Local Rule 7.1's pre-filing conferral requirement. Signed by Magistrate Judge Jonathan Goodman on 10/11/2017. (JG)
October 11, 2017 Opinion or Order Filing 1260 MOTION for Leave to File Reply to Patheon's Response to Motion to Correct or Clarify Post-Hearing Administrative Order by Procaps S.A.. (Silverglate, Spencer)
October 10, 2017 Opinion or Order Filing 1259 RESPONSE to Motion re #1256 MOTION to Amend/Correct #1221 Order filed by Patheon Inc.. Replies due by 10/17/2017. (Gaukroger, Gavin)
October 7, 2017 Opinion or Order Filing 1258 TRANSCRIPT of discovery hearing held on 9-29-2017 before Magistrate Judge Jonathan Goodman, 1-50 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/30/2017. Redacted Transcript Deadline set for 11/7/2017. Release of Transcript Restriction set for 1/5/2018. (dwh)
October 6, 2017 Opinion or Order Filing 1257 ENDORSED ORDER regarding Procaps' Motion to Amend/Correct #1256 . If Patheon wishes to respond to Procaps' Motion, then it must do so by Tuesday, October 10, 2017. No reply is permitted absent the Court's further express permission. Signed by Magistrate Judge Jonathan Goodman on 10/6/2017. (jf00)
October 5, 2017 Opinion or Order Filing 1256 MOTION to Amend/Correct #1221 Order by Procaps S.A.. Responses due by 10/19/2017 (Attachments: #1 Text of Proposed Order)(Salner, Craig)
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October 2, 2017 Opinion or Order Filing 1221 Post-Discovery Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 10/2/2017. (jf00)
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September 29, 2017 Opinion or Order Filing 1185 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 9/29/2017. Total time in court: 1 hour(s) : 20 minutes. Attorney Appearance(s): Michael J. Klisch, Justin B. Elegant, Gavin Cunningham Gaukroger, Spencer Hal Silverglate, Craig Salner, Eduardo Robayna, Eric Sherbert, Evan Lazerowitz (Digital 15:22:04) (mso)
September 28, 2017 Opinion or Order Filing 1184 TRANSCRIPT INFORMATION FORM by Procaps S.A. re #1178 Notice of Appeal,. No Transcript Requested. (Salner, Craig)
September 22, 2017 Opinion or Order Filing 1183 ENDORSED ORDER granting #1182 Defendant's Unopposed Motion to Attend September 29, 2017 Discovery Hearing by Telephone. Signed by Magistrate Judge Jonathan Goodman on 9/22/2017. (JG)
September 22, 2017 Opinion or Order Filing 1182 Unopposed MOTION to Attend the September 29, 2017 Hearing by Telephone re #1181 Notice of Hearing by Attorney by Patheon Inc.. (Elegant, Justin)
September 21, 2017 Opinion or Order Filing 1181 NOTICE of Hearing by ATTORNEY:. Attorney Craig Salner added to party Procaps S.A.(pty:pla). Discovery Hearing set for 9/29/2017 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Salner, Craig)
September 20, 2017 Opinion or Order Filing 1180 Acknowledgment of Receipt of NOA from USCA re #1178 Notice of Appeal, filed by Procaps S.A.. Date received by USCA: 9/18/17. USCA Case Number: 17-14147-H. (hh)
September 20, 2017 Opinion or Order Filing 1179 MAGISTRATE JUDGE GOODMAN'S UPDATED DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/20/2017. (jf00)
September 18, 2017 Opinion or Order Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #1178 Notice of Appeal, Notice has been electronically mailed. (hh)
September 14, 2017 Opinion or Order Filing 1178 Notice of Appeal as to #1167 Order, #1166 Order on Motion for Attorney Fees, Order on Sealed Motion by Procaps S.A.. Filing fee $ 505.00 receipt number 113C-10031538. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Rosenthal, Alan)
September 13, 2017 Opinion or Order Filing 1177 NOTICE of Attorney Appearance by Spencer Hal Silverglate on behalf of Procaps S.A. (Silverglate, Spencer)
September 13, 2017 Opinion or Order Filing 1176 NOTICE of Attorney Appearance by Spencer Hal Silverglate on behalf of Procaps S.A.. Attorney Spencer Hal Silverglate added to party Procaps S.A.(pty:pla). (Silverglate, Spencer)
September 1, 2017 Opinion or Order Filing 1175 NOTICE by Patheon Inc. of Intent to Serve Subpoenas (Elegant, Justin)
September 1, 2017 Opinion or Order Filing 1174 Writ of Execution issued as to Procaps S.A. re: #1167 Order. (mc)
September 1, 2017 Opinion or Order Filing 1173 MOTION for Writ of Execution by Patheon Inc.. Responses due by 9/15/2017 (Elegant, Justin)
September 1, 2017 Opinion or Order Filing 1172 NOTICE of Attorney Appearance by Gavin Cunningham Gaukroger on behalf of Patheon Inc.. Attorney Gavin Cunningham Gaukroger added to party Patheon Inc.(pty:dft). (Gaukroger, Gavin)
September 1, 2017 Opinion or Order Filing 1171 NOTICE of Attorney Appearance by Justin B. Elegant on behalf of Patheon Inc.. Attorney Justin B. Elegant added to party Patheon Inc.(pty:dft). (Elegant, Justin)
August 22, 2017 Opinion or Order Filing 1170 ORDER Granting #1168 Joint Motion Concerning Patheon's Motion to Show Cause and Denying as Moot Motions to Show Cause 1071 and for Reconsideration #1160 . Signed by Magistrate Judge Jonathan Goodman on 8/22/2017. (jf00)
August 21, 2017 Opinion or Order Filing 1169 NOTICE by Patheon Inc. of Filing Proposed Order (Attachments: #1 Proposed Order (re Joint Motion Concerning Patheon's Motion to Show Cause, ECF No. 1168)) (Brochin, Robert)
August 18, 2017 Opinion or Order Filing 1168 Joint MOTION to Vacate , MOTION to Withdraw Document (Joint Motion Concerning Patheon's Motion to Show Cause) by Patheon Inc.. Responses due by 9/1/2017 (Brochin, Robert)
August 17, 2017 Opinion or Order Filing 1167 Final Money Judgment (for Fees and Costs). Signed by Magistrate Judge Jonathan Goodman on 8/17/2017. (jf00)
August 17, 2017 Opinion or Order Filing 1166 OMNIBUS ORDER on #1030 and 1072 Defendant's Motions for Attorney's Fees and Non-taxable Costs. Signed by Magistrate Judge Jonathan Goodman on 8/17/2017. (jf00)
August 16, 2017 Opinion or Order Filing 1165 NOTICE by Patheon Inc. (Defendant's Notice of Arbitration Award) (Brochin, Robert)
August 14, 2017 Opinion or Order Filing 1164 ORDER on Supplemental Briefing Re: Patheon's Motion for Sanctions for Procaps' Alleged Violation of Protective Order. Signed by Magistrate Judge Jonathan Goodman on 8/14/2017. (jf00)
August 11, 2017 Opinion or Order Filing 1163 REPLY to Response to Motion re #1160 Defendant's MOTION for Reconsideration re #1125 Order on Sealed Motion,, Order on Motion for Clarification or, in the Alternative, MOTION to Compel and MOTION in Limine filed by Patheon Inc.. (Brochin, Robert)
August 8, 2017 Opinion or Order Filing 1162 RESPONSE to Motion re #1160 Defendant's MOTION for Reconsideration re #1125 Order on Sealed Motion,, Order on Motion for Clarification or, in the Alternative, MOTION to Compel and MOTION in Limine filed by Procaps S.A.. Replies due by 8/15/2017. (Carlos, Natalie)
August 2, 2017 Opinion or Order Filing 1161 ENDORSED ODER requiring Procaps to file a response to Patheon's Motion for Reconsideration #1160 of no more than 5 pages (excluding signatures and certificate of service) by Tuesday, August 8, 2017. Patheon may file an optional 2-page reply (excluding signatures and certificate of service) by Friday, August 11, 2017. Signed by Magistrate Judge Jonathan Goodman on 8/2/2017. (jf00)
August 2, 2017 Opinion or Order Filing 1160 Defendant's MOTION for Reconsideration re #1125 Order on Sealed Motion,, Order on Motion for Clarification or, in the Alternative,, MOTION to Compel and ( Responses due by 8/16/2017), MOTION in Limine by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
July 21, 2017 Opinion or Order Filing 1159 STATUS REPORT (Joint Status Report) by Patheon Inc. (Brochin, Robert)
July 20, 2017 Opinion or Order Filing 1158 ENDORSED ORDER re #1125 Order on Sealed Motion,, Order on Motion for Clarification, 1071 Defendant's SEALED MOTION for an Order Showing Cause why Procaps Should not be Sanctioned for Violating Protective Order filed by Patheon Inc. In a May 19, 2017 Omnibus Order, the Undersigned reserved ruling on Patheon's Motion for Order Showing Cause Why Procaps Should Not Be Sanctioned for Violating Protective Order. [ECF No. 1071]. In that Order, I advised that I would schedule an evidentiary hearing on the motion after the arbitrators enter their award. I specifically directed the parties to give me notice of the arbitration panel's award within five days of its issuance.That was more than three months ago, and the parties have not filed a notice. Therefore, I am assuming that the arbitration panel has not yet issued an award. However, the parties advised me at the hearing on the attorneys' fees motions that they made closing arguments to the arbitration panel on May 17, 2017 and that their "best guess" was that an award would be entered on June 30, 2017. [ECF No. 1145, pp. 4-5].Given this history, the parties shall file a joint status report about the arbitration by July 21, 2017. If the arbitration panel has, in fact, entered an award, then the parties shall also provide a list of dates in August and September when they and their witnesses will be available for the evidentiary hearing. The Omnibus Order designates the categories of witnesses the Court requires for the evidentiary hearing. Signed by Magistrate Judge Jonathan Goodman on 7/20/2017. (JG)
June 16, 2017 Opinion or Order Filing 1157 Plaintiff's REPLY to #1154 Response/Reply (Other) Procaps' Reply in Support of June 9, 2017 Notice of Corrections by Procaps S.A.. (Rosenthal, Alan)
June 16, 2017 Opinion or Order Filing 1156 NOTICE by Patheon Inc. of Filing Supplemental Declaration (Declaration of Michael J. Klisch Updating Defendant's Supplemental Motion for Attorney's Fees and Non-Taxable Costs (ECF No. 1072), and Exhibits A-H thereto) (Attachments: #1 Declaration of Michael J. Klisch Updating Defendant's Supplemental Motion for Attorneys Fee's and Non-Taxable Costs (ECF No. 1072), #2 Klisch Decl. Exs. A to H) (Brochin, Robert)
June 16, 2017 Opinion or Order Filing 1155 Defendant's RESPONSE to #1149 Memorandum (DEFENDANT'S RESPONSE MEMORANDUM PURSUANT TO MAY 31, 2017 POST-HEARING ADMINISTRATIVE ORDER) by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
June 16, 2017 Opinion or Order Filing 1154 Defendant's RESPONSE to #1147 Notice (Other) (Defendant's Response to Plaintifff's June 9, 2017 "Notice of Corrections") by Patheon Inc.. (Brochin, Robert)
June 15, 2017 Opinion or Order Filing 1153 ENDORSED ORDER granting #1152 Defendant's motion for leave to file to file a one-page response to an alleged inaccuracy in Plaintiff's June 9, 2017 "Notice of Corrections." Defendant must separately re-file the response pursuant to Local Rule 15.1. By June 19, 2017, Plaintiff may also file a one-page reply to Defendant's response. Signed by Magistrate Judge Jonathan Goodman on 6/15/2017. (jf00)
June 14, 2017 Opinion or Order Filing 1152 MOTION for Leave to File (DEFENDANT'S MOTION FOR LEAVE TO RESPOND TO AN INACCURACY IN PLAINTIFF'S JUNE 9, 2017 "NOTICE OF CORRECTIONS") by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Brochin, Robert)
June 14, 2017 Opinion or Order Filing 1151 ENDORSED ORDER striking #1150 Defendant's Motion for Leave to Respond to an Inaccuracy in Plaintiff's June 9, 2017 "NOTICE OF CORRECTIONS." Defendant failed to comply with Local Rule 7.1(a)(3) -- the motion does not elaborate on the time and manner it took to confer with Plaintiff to resolve the issue raised in its motion. Signed by Magistrate Judge Jonathan Goodman on 6/14/2017. (jf00)
June 14, 2017 Opinion or Order Filing 1150 MOTION for Leave to File ( DEFENDANT'S MOTION FOR LEAVE TO RESPOND TO AN INACCURACY IN PLAINTIFF'S JUNE 9, 2017 "NOTICE OF CORRECTIONS") by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Brochin, Robert)
June 9, 2017 Opinion or Order Filing 1149 MEMORANDUM of Law re #1143 Order by Procaps S.A.. (Rosenthal, Alan)
June 9, 2017 Opinion or Order Filing 1148 NOTICE by Procaps S.A. re #1143 Order (Attachments: #1 1, #2 2, #3 3, #4 4, #5 5, #6 6, #7 7, #8 8, #9 9, #10 10, #11 11) (Rosenthal, Alan)
June 9, 2017 Opinion or Order Filing 1147 NOTICE by Procaps S.A. re #1094 Response in Opposition to Motion (Rosenthal, Alan)
June 5, 2017 Opinion or Order Filing 1146 NOTICE by Patheon Inc. (Defendant's Notice of Correction of May 30, 2017 Hearing Transcript) (Brochin, Robert)
June 5, 2017 Opinion or Order Filing 1145 TRANSCRIPT of Attorney's Fees and Costs Hearing held on 5/30/2017 before Magistrate Judge Jonathan Goodman, 1-132 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/26/2017. Redacted Transcript Deadline set for 7/6/2017. Release of Transcript Restriction set for 9/5/2017. (Attachments: #1 Designation Access Form)(amb)
May 31, 2017 Opinion or Order Filing 1144 FINAL MEDIATION REPORT by John Barkett. Disposition: Case did not settle.(Barkett, John)
May 31, 2017 Opinion or Order Filing 1143 Post-Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 5/31/2017. (jf00)
May 30, 2017 Opinion or Order Filing 1142 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Miscellaneous Hearing held on 5/30/2017. Total time in court: 3 hour(s) : 22 minutes. Attorney Appearance(s): Michael J. Klisch, Mazda K. Antia, Dee Bansal, Robert T. Cahill, D Matthew Allen, Alan Rosenthal, Natalie Jessica Carlos, Chris S. Coutroulis, (Digital 10:00:34) (mso)
May 26, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1140 [misc] restricted/sealed until further notice. (644753)
May 26, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1141 [misc] restricted/sealed until further notice. (523335)
May 25, 2017 Opinion or Order Filing 1139 ENDORSED ORDER granting #1137 Patheon's Unopposed Motion for Leave to File Supplemental Authority. Patheon need not re-file the case. Signed by Magistrate Judge Jonathan Goodman on 5/25/2017. (jf00)
May 25, 2017 Opinion or Order Filing 1138 ENDORSED ORDER granting #1136 Procaps' Motion to Seal 1135 Procaps' Declaration of Compliance. Signed by Magistrate Judge Jonathan Goodman on 5/25/2017. (jf00)
May 25, 2017 Opinion or Order Filing 1137 Unopposed MOTION for Leave to File / Submit Supplemental Authority by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Brochin, Robert)
May 25, 2017 Opinion or Order Filing 1136 MOTION to Seal Declaration of Compliance re ECF No. #1125 per Order authorizing the submission of this document under seal by Procaps S.A.. (Carlos, Natalie)
May 25, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1135 [misc] restricted/sealed until further notice. (796628)
May 23, 2017 Opinion or Order Filing 1134 ENDORSED ORDER granting #1132 Defendant's Motion. Non-participating Cooley lawyers are permitted to attend the May 30, 2017 hearing by telephone. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular use is permitted. Signed by Magistrate Judge Jonathan Goodman on 5/23/2017. (jf00)
May 23, 2017 Opinion or Order Filing 1133 ENDORSED ORDER granting #1129 Defendant's Motion to Seal 1130 Defendant's Reply in Support of its Supplemental Motion for Attorney's Fees and Non-Taxable Costs. Signed by Magistrate Judge Jonathan Goodman on 5/23/2017. (jf00)
May 23, 2017 Opinion or Order Filing 1132 Unopposed MOTION To Allow Non-Participating Lawyers To Attend The May 30, 2017 Hearing By Telephone by Patheon Inc.. (Attachments: #1 Text of Proposed Order)(Brochin, Robert) Modified relief on 5/23/2017 (mc).
May 22, 2017 Opinion or Order Filing 1131 NOTICE of Compliance by Patheon Inc. re #1125 Order on Sealed Motion,, Order on Motion for Clarification (Brochin, Robert)
May 22, 2017 Opinion or Order Filing 1129 Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
May 22, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1128 [misc] restricted/sealed until further notice. (644753)
May 22, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1130 [misc] restricted/sealed until further notice. (644753)
May 19, 2017 Opinion or Order Filing 1127 ENDORSED ORDER granting #1070 Patheon's Motion to Seal its Supplemental Motion for Attorneys Fees and Non-Taxable Costs, and Exhibits 1, 4, and 10-15 thereto [See ECF No. 1072] and its Motion for an Order Showing Cause why Procaps Should not be Sanctioned for Violating Protective Order and Exhibits 1-16 thereto [See ECF No. 1071]. Signed by Magistrate Judge Jonathan Goodman on 5/19/2017. (jf00)
May 19, 2017 Opinion or Order Filing 1126 ENDORSED ORDER granting #1123 Attorneys Michael B. Miller and Karen L. Hagberg's motion to withdraw as counsel for Procaps. Notice of Termination shall be delivered by US Mail to Michael B. Miller and Karen L. Hagberg. Signed by Magistrate Judge Jonathan Goodman on 5/19/2017. (jf00)
May 19, 2017 Opinion or Order Filing 1125 OMNIBUS ORDER on Myriad Pending Motions Re: Fees and Costs. Signed by Magistrate Judge Jonathan Goodman on 5/19/2017. (jf00)
May 18, 2017 Opinion or Order Filing 1124 RESPONSE in Opposition re #1118 Defendant's MOTION for clarification re Mediation Order filed by Procaps S.A.. Replies due by 5/25/2017. (Carlos, Natalie)
May 18, 2017 Opinion or Order Filing 1123 Unopposed MOTION to Withdraw as Attorney by Karen L. Hagberg and Michael B. Miller. by Procaps S.A.. Responses due by 6/1/2017 (Rosenthal, Alan)
May 16, 2017 Opinion or Order Filing 1122 ENDORSED ORDER granting #1121 Procaps' Motion for Extension of Time. Procaps shall file a response of no longer than 2 pages to #1118 Patheon's Motion for Clarification re Mediation Order by Thursday, May 18, 2017. No reply is permitted absent subsequent court order. Signed by Magistrate Judge Jonathan Goodman on 5/16/2017. (jf00)
May 16, 2017 Opinion or Order Filing 1121 Unopposed MOTION for Extension of Time for One-Day Extension of Time to Respond to Patheon's Motion to Clarify re #1118 Defendant's MOTION for clarification re Mediation Order by Procaps S.A.. Responses due by 5/30/2017 (Coutroulis, Chris)
May 16, 2017 Opinion or Order Filing 1120 ENDORSED ORDER requiring Procaps to file a response of no longer than 2 pages to #1118 Patheon's Motion for Clarification re Mediation Order by Wednesday, May 17, 2017. No reply is permitted absent subsequent court order. Signed by Magistrate Judge Jonathan Goodman on 5/16/2017. (jf00)
May 15, 2017 Opinion or Order Filing 1119 ENDORSED ORDER granting #1117 Procaps' Motion to Seal 1116 Procaps' Reply in Support of Motion for Reconsideration of Order Scheduling Hearing on Defendant's Motions for Fees and Costs. Signed by Magistrate Judge Jonathan Goodman on 5/15/2017. (jf00)
May 15, 2017 Opinion or Order Filing 1118 Defendant's MOTION for clarification re Mediation Order by Patheon Inc.. Responses due by 5/30/2017 (Attachments: #1 Exhibit 1)(Brochin, Robert)
May 15, 2017 Opinion or Order Filing 1117 MOTION to Seal re ECF No. 1100 per Order authorizing the submission of this document under seal by Procaps S.A.. (Carlos, Natalie)
May 15, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1116 [misc] restricted/sealed until further notice. (796628)
May 12, 2017 Opinion or Order Filing 1115 ENDORSED ORDER granting #1112 Defendant's Motion to Seal 1113 its Response to Procaps' Motion for Reconsideration of Order Scheduling Hearing. Signed by Magistrate Judge Jonathan Goodman on 5/12/2017. (jf00)
May 11, 2017 Opinion or Order Filing 1114 REPLY to Response to Motion re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
May 11, 2017 Opinion or Order Filing 1112 Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
May 11, 2017 Opinion or Order Filing 1111 ENDORSED ORDER granting #1107 Procaps' Motion to Seal 1108 Procaps' Response in Opposition to Patheon's Sealed Supplemental Motion for Attorneys' Fees and Non-taxable Costs. Signed by Magistrate Judge Jonathan Goodman on 5/11/2017. (jf00)
May 11, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1113 [misc] restricted/sealed until further notice. (644753)
May 10, 2017 Opinion or Order Filing 1110 Clerks Notice to Filer re 1104 Sealed Document. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document is not a Motion, document was corrected by by the Clerk. It is not necessary to refile this document. (nc)
May 10, 2017 Opinion or Order Filing 1109 NOTICE by Procaps S.A. of Filing Exhibits in Support of its Response in Opposition to Patheon's Supplemental Motion for Attorneys' Fees and Non-taxable Costs (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Rosenthal, Alan)
May 10, 2017 Opinion or Order Filing 1107 MOTION to Seal per Local Rule 5.4 by Procaps S.A.. (Attachments: #1 Text of Proposed Order Proposed Order) (Rosenthal, Alan)
May 10, 2017 Opinion or Order Filing 1106 ENDORSED ORDER granting #1103 Procaps' Motion to Seal the following: (1) Procaps' Reply in Support of Motion to Strike Patheon's References to Pending International Arbitration 1104 and (2) Procaps' Motion for Reconsideration of Order Scheduling Hearing on Defendant's Motions for Fees and Costs 1105 . The briefing scheduling set in the Undersigned's Order [ECF No. 1101] remains intact. Signed by Magistrate Judge Jonathan Goodman on 5/10/2017. (jf00)
May 10, 2017 Opinion or Order Filing 1103 MOTION for Leave to File Under Seal by Procaps S.A.. (Carlos, Natalie)
May 10, 2017 Opinion or Order Filing 1102 CLERK'S NOTICE of Compliance pursuant to 1101 Endorsed Order (nc)
May 10, 2017 Opinion or Order Filing 1101 ENDORSED ORDER denying without prejudice #1099 Procaps' Motion to Seal as it was an improper filing. The Motion to Seal may be re-filed as a public document. If Procaps chooses to re-file its motion, then the exhibits that were attached to Procaps' motion, Procaps' Reply in Support of Motion to Strike Patheon's References to Pending International Arbitration [1099-1] and Procaps' Motion for Reconsideration of Order Scheduling Hearing on Defendant's Motions for Fees and Costs [1099-2], must also be re-filed as separate, sealed docket entries. Signed by Magistrate Judge Jonathan Goodman on 5/10/2017. (jf00)
May 10, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1104 [motion] restricted/sealed until further notice. (796628)
May 10, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1108 [misc] restricted/sealed until further notice. (520045)
May 10, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1105 [motion] restricted/sealed until further notice. (796628)
May 9, 2017 Opinion or Order Filing 1100 ENDORSED ORDER re #1095 Order, Set/Reset Hearings,, #1099 SEALED MOTION to File Under Seal filed by Procaps S.A. Defendant Patheon shall by May 11, 2017 file a response of no more than three double-spaced pages, excluding signature block and certificate of service, to Plaintiff Procaps' Motion For Reconsideration of Order Scheduling Hearing on Defendant's Motions for Fees and Costs [ECF No. 1095]. Procaps' motion was filed as an attachment to its motion to seal [ECF No. 1099], rather than as its own independent motion, and it was filed, on the docket, under seal, at ECF No. 1099-2.The Court assumes that Procaps served Patheon with its under-seal motion for reconsideration. If it did not, then it shall do so immediately and in any event by no later than 9:00 a.m. tomorrow morning (May 10, 2017).Patheon's response should include its position about a hearing (on the two motions for fees and costs) which excludes references to documents used in the pending international arbitration (and also excludes any reference to conduct occurring in that arbitration). It should also provide notice of its position on eliminating the hearing entirely, eliminating the under-seal question option (a procedure the Undersigned used earlier in this case for the summary judgment hearing) or moving forward with a hearing which includes the optional under-seal questions.Procaps may file an optional two-page reply by May 15, 2017. Signed by Magistrate Judge Jonathan Goodman on 5/9/2017. (JG)
May 9, 2017 Opinion or Order Filing 1099 Image Removed pursuant to 1101 Endorsed Order Denying #1099 Motion to Seal (Main Document 1099 replaced on 5/10/2017) (nc). (nc). Modified docket text on 5/10/2017 (nc).
May 5, 2017 Opinion or Order Filing 1098 ENDORSED ORDER granting #1097 Patheon's Motion to Seal 1096 Patheon's Response to Procaps' Sealed Motion to Strike References to Pending International Arbitration. Signed by Magistrate Judge Jonathan Goodman on 5/5/2017. (jf00)
May 5, 2017 Opinion or Order Filing 1097 Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
May 5, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1096 [misc] restricted/sealed until further notice. (644753)
May 3, 2017 Opinion or Order Filing 1095 ORDER Scheduling Hearing on Defendant's Motions for Fees and Costs [ECF Nos. 1030; 1072] on 5/30/2017 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 5/3/2017. (jf00)
May 1, 2017 Opinion or Order Filing 1094 RESPONSE in Opposition re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs filed by Procaps S.A.. Replies due by 5/8/2017. (Attachments: #1 Exhibit 1 - Form 10-K)(Rosenthal, Alan)
May 1, 2017 Opinion or Order Filing 1093 ENDORSED ORDER granting #1091 Patheon's Motion to Seal Patheon's Reply in Support of its Motion for an Order to Show Cause as to Why Procaps Should Not be Sanctioned for Violating the Protective Order. Signed by Magistrate Judge Jonathan Goodman on 5/1/2017. (jf00)
May 1, 2017 Opinion or Order Filing 1091 Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
May 1, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1092 [misc] restricted/sealed until further notice. (644753)
April 28, 2017 Opinion or Order Filing 1090 ENDORSED ORDER granting #1089 Patheon's Motion for Clarification. Patheon shall file its reply to Procaps' response to the original fees' motion by May 11, 2017. Patheon shall also file its reply to Procaps' response to the supplemental fees' motion by May 22, 2017. Signed by Magistrate Judge Jonathan Goodman on 4/28/2017. (jf00)
April 28, 2017 Opinion or Order Filing 1089 Unopposed MOTION for clarification 1088 Endorsed Order,,, to Clarify Due Date of Reply Briefs by Patheon Inc.. Responses due by 5/12/2017 (Brochin, Robert)
April 27, 2017 Opinion or Order Filing 1088 ENDORSED ORDER regarding Procaps' SEALED MOTION for Extension of Time and for Page Enlargement [ECF No. 1080]. The Undersigned grants the motion in part and denies the motion in part. Procaps shall file its response to Patheon's original motion [ECF No. 1030] for fees and costs (which was filed on December 18, 2015) by May 1, 2017. The response may not exceed 24 double-spaced pages (excluding signature block and certificate of service). Procaps shall file its response to Patheon's supplemental motion for fees and costs [ECF No. 1072] by May 10, 2017. The response may not exceed 24 double-spaced pages (excluding signature block and certificate of service). Signed by Magistrate Judge Jonathan Goodman on 4/27/2017. (jf00)
April 27, 2017 Opinion or Order Filing 1087 ENDORSED ORDER requiring Patheon to file a response to Procaps' SEALED MOTION to Strike Patheon's References to Pending International Arbitration 1085 by May 5, 2017. Procaps may file an optional reply by May 9, 2017. Signed by Magistrate Judge Jonathan Goodman on 4/27/2017. (jf00)
April 27, 2017 Opinion or Order Filing 1086 RESPONSE in Opposition re #1077 MOTION to Seal (Filings Under Seal as ECF No. 1080) filed by Patheon Inc.. Replies due by 5/4/2017. (Brochin, Robert)
April 27, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1085 [motion] restricted/sealed until further notice. (796628)
April 26, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1084 [order] restricted/sealed until further notice. (nc)
April 25, 2017 Opinion or Order Filing 1083 ENDORSED ORDER requiring Patheon to file its response to Procaps' Motion for Extension of Time and for Page Enlargement 1080 by April 27, 2017. The response may be no longer than three double-spaced pages (excluding signatures and certificate of service). Signed by Magistrate Judge Jonathan Goodman on 4/25/2017. (jf00)
April 25, 2017 Opinion or Order Filing 1082 ENDORSED ORDER granting #1077 Procaps' Motion to Seal Procaps' Motion to Strike References to Pending International Arbitration 1078 ; Procaps' Response to Patheon's Motion for Order to Show Cause 1079 ; and Procaps' Motion for Extension of Time and for Page Enlargement for its Response to Patheon's Fees Motion 1080 . Signed by Magistrate Judge Jonathan Goodman on 4/25/2017. (jf00)
April 25, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1078 [motion] restricted/sealed until further notice. (nc)
April 25, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1079 [misc] restricted/sealed until further notice. (nc)
April 25, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1080 [motion] restricted/sealed until further notice. (nc)
April 24, 2017 Opinion or Order Filing 1081 Clerk's Notice of Filing Deficiency Re: #1077 MOTION to Seal, 1078 Sealed Document 1080 Sealed Document, 1079 Sealed Document. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). Document(s) missing required original signature(s) (Fed.R.Civ.P. 11(a)). (nc)
April 24, 2017 Opinion or Order Filing 1077 MOTION to File Under Seal by Procaps S.A., (nc)
April 15, 2017 Opinion or Order Filing 1076 ENDORSED ORDER re 1075 Endorsed Order, 1071 Defendant's SEALED MOTION for an Order Showing Cause why Procaps Should not be Sanctioned for Violating Protective Order filed by Patheon Inc. According to Patheon's motion, it seems as though Procaps' counsel are being accused of improperly providing highly confidential documents to their client's principals, in violation of the protective order.Given this allegation, Procaps' response to the motion for a show cause order concerning the alleged violation of the protective order should also explain if Procaps' counsel should be sanctioned (in addition to explaining whether Procaps itself should be sanctioned). Procaps' principals may, if they wish, file their own response (on their individual behalf, as well as on Procaps' behalf) to the motion, separate from a response filed by Procaps' counsel. Thus, two responses may be filed: one from Procaps (and its principals) and one from Procaps' counsel. Or everyone on the Plaintiff's side can submit one omnibus response. But if one response is submitted on behalf of Procaps, its principals and its counsel, then that one response must address the issues of whether Procaps and/or its counsel should be sanctioned.If Procaps and/or its principals choose to submit a response separate from their counsel, then the attorney(s) involved in the separate response, if from a law firm other than Procaps' litigation firm thusfar in the case (the Carlton Fields firm), shall file a formal notice of appearance. Signed by Magistrate Judge Jonathan Goodman on 4/15/2017. (JG)
April 14, 2017 Opinion or Order Set/Reset Deadlines/Hearings as to 1071 Defendant's SEALED MOTION for an Order Showing Cause why Procaps Should not be Sanctioned for Violating Protective Order. Responses due by 4/24/2017 Replies due by 5/1/2017. per DE 1075 (cbr)
April 14, 2017 Opinion or Order Filing 1075 ENDORSED ORDER requiring Procaps to respond by Monday, April 24, 2017 to Patheon's Sealed Motion for an Order Showing Cause why Procaps Should not be Sanctioned for Violating the Protective Order 1071 . Patheon may file an optional reply by May 1, 2017. Signed by Magistrate Judge Jonathan Goodman on 4/14/2017. (jf00)
April 14, 2017 Opinion or Order Filing 1074 NOTICE by Patheon Inc. of Filing Exhibits 2, 3, 5-9 to Defendant's Supplemental Motion for Attorneys Fees and Non-Taxable Costs (ECF NO. 1072) (Attachments: #1 Ex. 2 to ECF No. 1072, #2 Ex. 3 to ECF No. 1072, #3 Ex. 5 to ECF No. 1072, #4 Ex. 6 to ECF No. 1072, #5 Ex. 7 to ECF No. 1072, #6 Ex. 8 to ECF No. 1072, #7 Ex. 9 to ECF No. 1072) (Brochin, Robert)
April 14, 2017 Opinion or Order Filing 1073 NOTICE by Patheon Inc. of Filing (Declaration of Michael J. Klisch in Support of Defendants Supplemental Motion for Attorneys Fees and Non-Taxable Costs (ECF No. 1072), and Exhibits A-J thereto) (Attachments: #1 Declaration of Michael J. Klisch in Support of Defendants Supplemental Motion for Attorneys Fees and Non-Taxable Costs (ECF No. 1072), #2 Klisch Decl. Ex. A, #3 Klisch Decl. Ex. B, #4 Klisch Decl. Ex. C, #5 Klisch Decl. Ex. D, #6 Klisch Decl. Ex. E, #7 Klisch Decl. Ex. F, #8 Klisch Decl. Ex. G, #9 Klisch Decl. Ex. H, #10 Klisch Decl. Ex. I, #11 Klisch Decl. Ex. J) (Brochin, Robert)
April 14, 2017 Opinion or Order Filing 1070 Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
April 14, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1071 [motion] restricted/sealed until further notice. (644753)
April 14, 2017 Opinion or Order SYSTEM ENTRY - Docket Entry 1072 [motion] restricted/sealed until further notice. (644753)
April 5, 2017 Opinion or Order Filing 1069 ORDER Granting Motion to Amend Order for Release of Funds. Signed by Magistrate Judge Jonathan Goodman on 4/5/2017. (jf00)
April 5, 2017 Opinion or Order Filing 1068 ENDORSED ORDER granting #1067 Procaps S.A.'s Agreed Motion to Amend/Clarify Order On Motion for Release of Funds 1065 . The Court will be issuing the Amended Order as a separate docket entry. Signed by Magistrate Judge Jonathan Goodman on 4/5/2017. (jf00)
April 5, 2017 Opinion or Order Filing 1067 Agreed MOTION to Amend/Correct 1066 Order,,, 1065 Order on Motion for Release of Funds, by Procaps S.A.. Responses due by 4/19/2017 (Rosenthal, Alan)
April 5, 2017 Opinion or Order Filing 1066 ENDORSED ORDER re #1064 Unopposed MOTION for Release of Funds filed by Procaps S.A., 1065 Order on Motion for Release of Funds, Although Plaintiff's Unopposed motion provided instructions on how the returned deposit is to be disbursed, it did not indicate how the accrued interest is to be disbursed. The Clerk's Office needs to know. Although it might be logical to conclude that the accrued interest should be allocated pro rata according to the same percentage allocation as reflected in the motion, the Financial Section of the Clerk's Office cannot make such an assumption. A specific breakdown is needed.Plaintiff shall file a notice with this clarification by April 7, 2017. Signed by Magistrate Judge Jonathan Goodman on 4/5/2017. (JG)
April 4, 2017 Opinion or Order Filing 1065 ENDORSED ORDER granting #1064 Procaps' unopposed Motion for Order Directing Clerk to Release Cash Bond. The Clerk shall release the cash bond in the following amounts to the following payees: Release to Patheon: Amount- $174,046.06. Payee- Cooley LLP Attorney Trust Account. Release to Procaps: Amount- Remaining balance of cash bond. Payee- Procaps S.A. c/o Carlton Fields. Signed by Magistrate Judge Jonathan Goodman on 4/4/2017. (jf00)
April 4, 2017 Opinion or Order Filing 1064 Unopposed MOTION for Release of Funds by Procaps S.A.. (Rosenthal, Alan)
March 31, 2017 Opinion or Order Filing 1063 NOTICE by Patheon Inc. That Plaintiff Did Not File a Certiorari Petition (Brochin, Robert)
February 15, 2017 Opinion or Order Filing 1062 ORDER on Defendant's Motion to Release Cash Bond and for Clarification of Post-Mandate Order. Signed by Magistrate Judge Jonathan Goodman on 2/15/2017. (jf00)
February 14, 2017 Opinion or Order Filing 1061 REPLY in Support re #1058 Defendant's MOTION for Release of Funds (Motion to Release Cash Bond)Defendant's MOTION for clarification of Post-Mandate Order filed by Patheon Inc.. (Brochin, Robert) Modified title text on 2/16/2017 (mc).
February 13, 2017 Opinion or Order Filing 1060 RESPONSE in Opposition re #1058 Defendant's MOTION for Release of Funds (Motion to Release Cash Bond)Defendant's MOTION for clarification of Post-Mandate Order filed by Procaps S.A.. Replies due by 2/21/2017. (Rosenthal, Alan)
February 9, 2017 Opinion or Order Filing 1059 ENDORSED ORDER re #1058 Defendant's MOTION for Release of Funds (Motion to Release Cash Bond)Defendant's MOTION for clarification of Post-Mandate Order filed by Patheon Inc. Procaps shall respond to Defendant's Motion to Release Cash Bond and for Clarification of Post-Mandate Order by February 13, 2017. Defendant Patheon may file an optional reply by February 14, 2017. Signed by Magistrate Judge Jonathan Goodman on 2/9/2017. (JG)
February 9, 2017 Opinion or Order Filing 1058 Defendant's MOTION for Release of Funds (Motion to Release Cash Bond), Defendant's MOTION for clarification of Post-Mandate Order ( Responses due by 2/23/2017) by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
February 6, 2017 Opinion or Order Filing 1057 AMENDED post-mandate ORDER on pending issues. Signed by Magistrate Judge Jonathan Goodman on 2/6/2017. (jf00)
February 3, 2017 Opinion or Order Filing 1056 Post-mandate ORDER on pending issues. Signed by Magistrate Judge Jonathan Goodman on 2/3/2017. (jf00)
January 30, 2017 Opinion or Order Filing 1055 MANDATE of USCA (certified copy) AFFIRM Judgment/ Order of the district court with courts opinion re #1022 Notice of Appeal,, filed by Procaps S.A. ; Date Issued: 1/30/2017 ; USCA Case Number: 15-15326-EE. Bill of Costs are hereby taxed in the amount of $1050.75 against Appellant and are payable directly to Appellee. (amb)
June 30, 2016 Opinion or Order Filing 1054 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #1022 Notice of Appeal,, Appeal No. 15-15326-EE. The entire record on appeal is available electronically. (Entire record and docket sheet forwarded to Clerk via e-mail per Clerk's request) (hh)
May 11, 2016 Opinion or Order Filing 1053 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #1022 Notice of Appeal,, Appeal No. 15-15326-EE. The entire record on appeal is available electronically. (hh)
March 28, 2016 Opinion or Order Filing 1051 NOTICE by Procaps S.A. re 1050 Order on Motion for Miscellaneous Relief,, Notice of Filing Cash Supersedeas Bond (Attachments: #1 Exhibit A - Receipt for Cash Bond) (Rosenthal, Alan)
March 24, 2016 Opinion or Order Filing 1052 Clerks Notice of Receipt of Filing Fee received on 3/24/2016 in the amount of $ 190,828.88, receipt number FLS100119540 (lrz)
March 23, 2016 Opinion or Order Filing 1050 ENDORSED ORDER granting #1049 Plaintiff Procaps' Motion to make a cash deposit into the Court registry in lieu of a supersedeas bond.Procaps may deposit a cash bond of $190,828.88 into the Court registry in connection with the costs judgment. This is adequate security for the costs judgment pending Procaps' appeal of the Final Judgment.The Court notes that the motion is unopposed. Dave Mason would be proud. Signed by Magistrate Judge Jonathan Goodman on 3/23/2016. (JG)
March 23, 2016 Opinion or Order Filing 1049 MOTION to Approve Cash Bond in Lieu of Supersedeas Bond by Procaps S.A.. (Rosenthal, Alan)
March 14, 2016 Opinion or Order Filing 1048 JUDGMENT on Taxable Costs Award in favor of Patheon Inc. against Procaps S.A. Signed by Magistrate Judge Jonathan Goodman on 3/14/2016. (tr00)
March 14, 2016 Opinion or Order Filing 1047 ORDER granting #1044 Motion for Entry of Judgment. Signed by Magistrate Judge Jonathan Goodman on 3/14/2016. (tr00)
March 10, 2016 Opinion or Order Filing 1046 RESPONSE in Support re #1044 Defendant's MOTION for Entry of Judgment filed by Patheon Inc.. (Brochin, Robert)
February 29, 2016 Opinion or Order Filing 1045 RESPONSE in Opposition re #1044 Defendant's MOTION for Entry of Judgment filed by Procaps S.A.. Replies due by 3/10/2016. (Attachments: #1 Exhibit A - Procaps S.A.'s 11th Circuit Initial Brief)(Rosenthal, Alan)
February 12, 2016 Opinion or Order Filing 1044 Defendant's MOTION for Entry of Judgment by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
February 2, 2016 Opinion or Order Filing 1043 ORDER granting in part #1023 Patheon's Motion for Bill of Costs. Signed by Magistrate Judge Jonathan Goodman on 2/2/2016. (tr00)
January 29, 2016 Opinion or Order Filing 1042 ENDORSED ORDER granting #1041 Motion to Withdraw as Attorney. Attorney Avi Robert Kaufman terminated. Signed by Magistrate Judge Jonathan Goodman on 1/29/2016. (tr00)
January 29, 2016 Opinion or Order Filing 1041 MOTION to Withdraw as Attorney by Avi R. Kaufman. by Procaps S.A.. Responses due by 2/16/2016 (Attachments: #1 Text of Proposed Order)(Kaufman, Avi)
January 12, 2016 Opinion or Order Filing 1040 ORDER granting in part and denying in part Procaps' #1034 Motion to Stay Patheon's Motion for Attorney's Fees and Non-taxable Costs. Signed by Magistrate Judge Jonathan Goodman on 1/12/2016. (tr00)
January 11, 2016 Opinion or Order Filing 1039 REPLY to Response to Motion re #1034 Plaintiff's MOTION to Stay re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs or to Deny Motion Without Prejudice as Premature, or Alternatively MOTION to Bifurcate to Determine Entitlement Prior to Requiring Briefing on Amount filed by Procaps S.A.. (Rosenthal, Alan)
January 5, 2016 Opinion or Order Filing 1038 RESPONSE in Opposition re #1034 Plaintiff's MOTION to Stay re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs or to Deny Motion Without Prejudice as Premature, or Alternatively MOTION to Bifurcate to Determine Entitlement Prior to Requiring Briefing on Amount filed by Patheon Inc.. Replies due by 1/15/2016. (Attachments: #1 Exhibit 1)(Brochin, Robert)
December 28, 2015 Opinion or Order Filing 1037 REPLY to Response to Motion re #1023 MOTION for Bill of Costs filed by Patheon Inc.. (Brochin, Robert)
December 25, 2015 Opinion or Order Filing 1036 ENDORSED ORDER re 1035 Order establishing briefing schedule on Procaps' motion to stay [ECF No. 134] the fees motion [ECF No. 130] filed by Patheon. At the risk of stating the obvious (and to correct an inadvertent mistake -- let's call it a "senior moment" -- in the briefing schedule), it is Procaps, not Patheon, who may file an optional reply on the motion to stay. Signed by Magistrate Judge Jonathan Goodman on 12/25/2015. (JG)
December 24, 2015 Opinion or Order Filing 1035 ENDORSED ORDER re #1034 Plaintiff's MOTION to Stay re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs or to Deny Motion Without Prejudice as Premature, or Alternatively MOTION to Bifurcate to Determine Entitlement Prior to Requiring Briefing on Amount filed by Procaps S.A. Patheon shall by January 5, 2016 file a double-spaced response not to exceed five (5) pages,excluding signature block and certificate of service, to Procaps' motion to stay [ECF No. 1034]. Patheon may file an optional reply, not to exceed three (3) double-spaced pages, by January 11, 2016. Signed by Magistrate Judge Jonathan Goodman on 12/24/2015. (JG)
December 24, 2015 Opinion or Order Filing 1034 Plaintiff's MOTION to Stay re #1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs or to Deny Motion Without Prejudice as Premature, or Alternatively, MOTION to Bifurcate to Determine Entitlement Prior to Requiring Briefing on Amount by Procaps S.A.. Responses due by 1/11/2016 (Carlos, Natalie)
December 18, 2015 Opinion or Order Filing 1033 ENDORSED ORDER granting #1027 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Protective Order. Signed by Magistrate Judge Jonathan Goodman on 12/18/2015. (tr00)
December 18, 2015 Opinion or Order Filing 1032 NOTICE by Patheon Inc. re #1027 Defendant's MOTION to Seal per Local Rule 5.4 of Filing Corrected Defendant's Motion to Seal (Attachments: #1 Corrected Defendant's Motion to Seal) (Brochin, Robert)
December 18, 2015 Opinion or Order Filing 1031 RESPONSE to Motion re #1027 Defendant's MOTION to Seal per Local Rule 5.4 filed by Procaps S.A.. Replies due by 12/31/2015. (Attachments: #1 Exhibit)(Carlos, Natalie)
December 18, 2015 Opinion or Order Filing 1030 Defendant's MOTION for Attorney Fees and Non-Taxble Costs by Patheon Inc.. Responses due by 1/7/2016 (Attachments: #1 Exhibit 1 - M. Klisch Declaration, #2 Exhibit A-C to Klisch Decl., #3 Exhibit D part 1 to Klisch Decl, #4 Exhibit D part 2 to Klisch Decl, #5 Exhibit D part 3 to Klisch Decl, #6 Exhibit D part 4 to Klisch Decl., #7 Exhibit D part 5 to Klisch Decl., #8 Exhibit D part 6 to Klisch Decl, #9 Exhibit E-N to Klisch Decl., #10 Exhibit O-T to Klisch Decl., #11 Exhibit 2-15 to Motion)(Brochin, Robert)
December 18, 2015 Opinion or Order Filing 1027 Defendant's MOTION to Seal per Local Rule 5.4 by Patheon Inc.. (Attachments: #1 Text of Proposed Order) (Brochin, Robert)
December 18, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 1028 [motion] restricted/sealed until further notice. (644753)
December 18, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 1029 [misc] restricted/sealed until further notice. (644753)
December 17, 2015 Opinion or Order Filing 1026 RESPONSE in Opposition re #1023 MOTION for Bill of Costs filed by Procaps S.A.. Replies due by 12/28/2015. (Carlos, Natalie)
December 9, 2015 Opinion or Order Filing 1025 TRANSCRIPT INFORMATION FORM by Procaps S.A. re #1022 Notice of Appeal,,. Pre-Trial Proceedings transcript(s) ordered. Order placed by David L. Luck. Email sent to Court Reporter Coordinator. (Luck, David)
December 1, 2015 Opinion or Order Filing 1024 Acknowledgment of Receipt of NOA from USCA re #1022 Notice of Appeal,, filed by Procaps S.A.. Date received by USCA: 11/25/2015. USCA Case Number: 15-15326-E. (amb)
November 30, 2015 Opinion or Order Filing 1023 MOTION for Bill of Costs by Patheon Inc.. Responses due by 12/17/2015 (Attachments: #1 Memorandum Memorandum in Support of Bill of Costs, #2 Exhibit A-C to Memorandum, #3 Declaration in Support of Bill of Costs, #4 Exhibit Exhibits 1-16 to Declaration, #5 Exhibit Exhibits 17-18 to Declaration, #6 Exhibit Exhibits 19-33 to Declaration)(Brochin, Robert)
November 25, 2015 Opinion or Order Filing 1022 Notice of Appeal as to #1020 Order on Sealed Motion, #1021 Order, Judgment,,,, #565 Order on Sealed Motion, by Procaps S.A.. Filing fee $ 505.00 receipt number 113C-8278213. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit Comp. A - Final Judgment)(Rosenthal, Alan)
November 25, 2015 Opinion or Order Transmission of Notice of Appeal, Orders, Final Judgment and Docket Sheet to US Court of Appeals re #1022 Notice of Appeal. Notice has been electronically mailed. (mc)
October 29, 2015 Opinion or Order Filing 1021 ORDER OF FINAL JUDGMENT in favor of Patheon Inc. and against Procaps S.A. The Clerk shall close this case and deny any pending motions without prejudice as moot. The Court reserves jurisdiction to enter an award for costs and, if applicable, attorney's fees. Signed by Magistrate Judge Jonathan Goodman on 10/29/2015. (tr00) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
October 29, 2015 Opinion or Order Filing 1020 ORDER granting Patheon's #889 Motion for Summary Judgment. The Court will enter a separate final judgment. The Court will reserve jurisdiction to enter an award for costs and, if applicable, attorney's fees. All trials, hearings and status conferences are cancelled. All pending motions are denied without prejudice as moot. Signed by Magistrate Judge Jonathan Goodman on 10/29/2015. (tr00)
October 29, 2015 Opinion or Order Filing 1019 ORDER denying #1006 Motion to Supplement Summary Judgment Record. Signed by Magistrate Judge Jonathan Goodman on 10/29/2015. (tr00)
October 27, 2015 Opinion or Order Filing 1018 ENDORSED ORDER striking #1016 Procaps' Motion for Transcript Redactions for failure to comply with Local Rule 7.1's conferral requirement. Signed by Magistrate Judge Jonathan Goodman on 10/27/2015. (tr00)
October 27, 2015 Opinion or Order Filing 1017 Defendant's MOTION to Strike PLAINTIFF'S LIST OF AT LEAST 990 TRIAL EXHIBITS ( Responses due by 11/13/2015), MOTION, OR FOR ALTERNATIVE RELIEF by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
October 26, 2015 Opinion or Order Filing 1016 Plaintiff's MOTION Request for Transcript Redactions by Procaps S.A.. (Attachments: #1 Transcripts Summary Judgment Hearing Transcript dated 9-24-15)(Rosenthal, Alan)
October 19, 2015 Opinion or Order Filing 1015 MEMORANDUM in Support of Equitable Claims by Procaps S.A.. (Attachments: #1 Exhibit)(Carlos, Natalie)
October 19, 2015 Opinion or Order Filing 1014 RESPONSE in Opposition re #999 Defendant's MOTION in Limine To Admit Evidence Of Procaps' Deletion Of Documents filed by Procaps S.A.. Replies due by 10/29/2015. (Attachments: #1 Exhibit)(Carlos, Natalie)
October 19, 2015 Opinion or Order Filing 1013 RESPONSE in Opposition re #1000 MOTION in Limine (Patheon's Motions in Limine To Exclude Evidence Regarding Claims Not Pled In The Complaint, Procaps' Confidential Information, And Patheon's Ability To Satisfy A Judgment) filed by Procaps S.A.. Replies due by 10/29/2015. (Carlos, Natalie)
October 19, 2015 Opinion or Order Filing 1012 MEMORANDUM of Law re #988 Notice (Other) Procaps' Equitable Claims by Patheon Inc.. (Brochin, Robert)
October 19, 2015 Opinion or Order Filing 1011 RESPONSE in Opposition re #998 Plaintiff's MOTION in Limine TO EXCLUDE IRRELEVANT AND PREJUDICIAL EVIDENCE AT TRIAL filed by Patheon Inc.. Replies due by 10/29/2015. (Attachments: #1 Exhibit A)(Brochin, Robert)
October 15, 2015 Opinion or Order Filing 1010 RESPONSE in Opposition re #1006 Plaintiff's MOTION to Supplement Summary Judgment Record and Certificate of Conference filed by Patheon Inc.. Replies due by 10/26/2015. (Brochin, Robert)
October 13, 2015 Opinion or Order Set/Reset Deadlines as to #1006 Plaintiff's MOTION to Supplement Summary Judgment Record and Certificate of Conference . Responses due by 10/15/2015 (lh) per Order DE# 1008
October 12, 2015 Opinion or Order Filing 1009 *Endorsed Order, ORDER re #1003 Notice (Other) filed by Procaps S.A. Procaps has filed a redacted version of Patheon's proposed order granting Patheon's summary judgment motion. It did so after the Undersigned provisionally permitted Patheon to file its proposed order under seal. When Patheon did that, it explained that it was compelled to file the proposed order under seal because Procaps took the position that some of the information was confidential and proprietary and could not be publicly filed. Patheon expressed its preference for publicly filing its proposed order.Procaps' redacted version of the Patheon-generated proposed order is now publicly filed, as an attachment to ECF No. 1003. The redacted version removes a few specific factual references on four pages. So the Undersigned will leave Patheon's original draft under seal, for now. But the Court may need to discuss some or all of the purportedly proprietary information in the ruling on Patheon's summary judgment motion. The Court is not inclined to issue an Order on a summary judgment motion in a $300 million antitrust case based in part on purportedly private or proprietary information. In the absence of extreme circumstances, the public would have a right of access to that type of order.The Undersigned is still working through the summary judgment motion and has not yet decided whether to grant it or deny it. Therefore, the Undersigned does not yet know whether the actual ruling will need to discuss the so-called private information. But Procaps should understand that this is a possibility. Signed by Magistrate Judge Jonathan Goodman on 10/12/2015. (JG) Signed by Magistrate Judge Jonathan Goodman on 10/12/2015. (JG)
October 12, 2015 Opinion or Order Filing 1008 ENDORSED ORDER re #1006 Procaps' MOTION to Supplement Summary Judgment Record and Certificate of Conference.The motion concerns Procaps' request that the record be supplemented to include a 5-page transcript of a video interview by Patheon executive Geoff Glass. Patheon shall file its double-spaced response of no more than two pages, excluding signature block and certificate of service, by October 15, 2015. No reply permitted absent specific court order. Signed by Magistrate Judge Jonathan Goodman on 10/12/2015. (JG)
October 12, 2015 Opinion or Order Filing 1007 ENDORSED ORDER granting #1002 Patheon's Motion to supplement the summary judgment motion record. Signed by Magistrate Judge Jonathan Goodman on 10/12/2016. (JG)
October 12, 2015 Opinion or Order Filing 1006 Plaintiff's MOTION to Supplement Summary Judgment Record and Certificate of Conference by Procaps S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Coutroulis, Chris)
October 12, 2015 Opinion or Order Filing 1005 NOTICE by Procaps S.A. of Position Regarding Patheon's Motion to Supplement Summary Judgment Record [D.E. 1002] and Related Motion by Procaps for Leave to File Attached Response (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Coutroulis, Chris)
October 12, 2015 Opinion or Order Filing 1004 NOTICE by Patheon Inc. re #1002 Defendant's MOTION to Supplement Summary Judgment Record of Procaps' Consent to Supplemental Evidence (Attachments: #1 Exhibit 1) (Brochin, Robert)
October 12, 2015 Opinion or Order Filing 1003 NOTICE by Procaps S.A. re 996 Order on Motion to Seal,,, in Compliance with Endorsed Order [D.E. 996] (Attachments: #1 Text of Proposed Order) (Rosenthal, Alan)
October 12, 2015 Opinion or Order Filing 1002 Defendant's MOTION to Supplement Summary Judgment Record by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
October 8, 2015 Opinion or Order Filing 1001 ORDER establishing briefing schedule for Motions in Limine. Signed by Magistrate Judge Jonathan Goodman on 10/8/2015. (tr00)
October 7, 2015 Opinion or Order Filing 1000 MOTION in Limine (Patheon's Motions in Limine To Exclude Evidence Regarding Claims Not Pled In The Complaint, Procaps' Confidential Information, And Patheon's Ability To Satisfy A Judgment) by Patheon Inc.. (Brochin, Robert)
October 7, 2015 Opinion or Order Filing 999 Defendant's MOTION in Limine To Admit Evidence Of Procaps' Deletion Of Documents by Patheon 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)(Brochin, Robert)
October 7, 2015 Opinion or Order Filing 998 Plaintiff's MOTION in Limine TO EXCLUDE IRRELEVANT AND PREJUDICIAL EVIDENCE AT TRIAL by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Carlos, Natalie)
October 7, 2015 Opinion or Order Filing 997 NOTICE of Compliance WITH ORDER [DE 985] ON PATHEONS SHOW CAUSE MOTION by Procaps S.A. re #985 Order on Sealed Motion (Rosenthal, Alan)
October 5, 2015 Opinion or Order Filing 996 ENDORSED ORDER provisionally granting #992 Patheon's Motion to file Under Seal. Procaps shall, by October 12, 2015, submit a memorandum of no more than 4 double-spaced pages, excluding signature block and certificate of service, giving notice of its position on whether Patheon's proposed order should be filed under seal. If Procaps advocates for an under-seal procedure, then it should explain why an under-seal filing is appropriate, especially because the proposed order is focused on the merits of a substantive summary judgment motion in a $300 million antitrust case. Given the nature of the case and the procedural posture, Procaps' memorandum should outline why the public should not have access to this submission and why Patheon's proposed order should be filed in a manner designed to keep its proposal secret from the public. Signed by Magistrate Judge Jonathan Goodman on 10/5/2015. (tr00)
October 5, 2015 Opinion or Order Filing 995 ENDORSED ORDER granting #993 Unopposed Motion to Supplement the Summary Judgment Record. Signed by Magistrate Judge Jonathan Goodman on 10/5/2015. (tr00)
October 5, 2015 Opinion or Order Filing 994 NOTICE by Procaps S.A. of Filing Procaps' Proposed Order on Patheon's Motion for Summary Judgment (Attachments: #1 Text of Proposed Order) (Coutroulis, Chris)
October 5, 2015 Opinion or Order Filing 993 Unopposed MOTION Supplement the Summary Judgment Record by Procaps S.A.. (Attachments: #1 Exhibit 1)(Coutroulis, Chris)
October 5, 2015 Opinion or Order Filing 992 MOTION to File Under Seal Proposed Order Granting Patheon's Motion for Summary Judgment by Patheon Inc. (nc) (Additional attachment(s) added on 10/5/2015: #1 Text of Proposed Order) (nc).
October 5, 2015 Opinion or Order Filing 991 ENDORSED ORDER re the parties' Rule of Reason Proposals [ECF Nos. #822 ; #823 ]: The parties shall, by October 7, 2015, submit their Rule of Reason memoranda in Microsoft Word format to the Undersigned's efile inbox (goodman@flsd.uscourts.gov). Signed by Magistrate Judge Jonathan Goodman on 10/5/2015. (tr00)
October 2, 2015 Opinion or Order Filing 990 TRANSCRIPT of Motion Hearing (Transcribed from the Digital Audio Recording) held on September 24, 2015, before Magistrate Judge Jonathan Goodman, 1-358 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 14:01:38.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/26/2015. Redacted Transcript Deadline set for 11/5/2015. Release of Transcript Restriction set for 1/4/2016. (le)
October 1, 2015 Opinion or Order Filing 989 ENDORSED ORDER RE: BRIEFING FOR EQUITABLE CLAIMS.In the Amended Post Summary Judgment Hearing Administrative Order [ECF No. 984], the Undersigned directed Procaps to file a supplemental notice concerning its equitable claims. The purpose was to specify the issues which the parties would be addressing in their memoranda on those claims. The Order noted that the Court would specify the page limits once Procaps filed its amended, or supplemental, notice.Procaps has now filed its amended notice [ECF No. 988]. The memoranda shall not exceed 20 double-spaced pages, excluding signature block and certificate of service.However, the Undersigned is changing the due date for the memoranda. The memoranda are now due on October 19, 2015. Signed by Magistrate Judge Jonathan Goodman on 10/1/2015. (JG)
October 1, 2015 Opinion or Order Filing 988 NOTICE by Procaps S.A. re 714 Order on Motion for Miscellaneous Relief,, #984 Order of Equitable Claims (Amended) (Attachments: #1 Exhibit) (Carlos, Natalie)
October 1, 2015 Opinion or Order Filing 987 NOTICE by Procaps S.A. re #984 Order OF FILING POWERPOINT PRESENTATION IN COMPLIANCE WITH COURTS INSTRUCTIONS DURING SEPTEMBER 24, 2015 HEARING AND DE 984 (Attachments: #1 Exhibit 1) (Rosenthal, Alan)
October 1, 2015 Opinion or Order Filing 986 NOTICE by Procaps S.A. re #984 Order OF FILING VIDEO TRANSCRIPTS IN COMPLIANCE WITH COURTS INSTRUCTIONS DURING SEPTEMBER 24, 2015 HEARING AND DE 984 (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Rosenthal, Alan)
September 30, 2015 Opinion or Order Filing 985 ORDER on Patheon's 939 Motion to Show Cause. Signed by Magistrate Judge Jonathan Goodman on 9/30/2015. (tr00)
September 29, 2015 Opinion or Order Filing 984 AMENDED POST-SUMMARY JUDGMENT HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/29/2015. (tr00)
September 29, 2015 Opinion or Order Filing 983 MEMORANDUM of Law re 967 Order on Motion to Seal,,, by Procaps S.A.. (Attachments: #1 Exhibit Defendant's Reply in Support of its Motion for Summary Judgment)(Rosenthal, Alan)
September 29, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 982 [misc] restricted/sealed until further notice. (nc)
September 28, 2015 Opinion or Order Filing 981 MOTION to File Under Seal by Patheon Inc. (Attachments: #1 Exhibit 1)(nc)
September 28, 2015 Opinion or Order Filing 980 Clerks Notice to Filer re #975 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#979]. It is not necessary to refile this document. (tpl)
September 28, 2015 Opinion or Order Filing 978 NOTICE by Patheon Inc. of Filing Summary Judgment Presentation and Correction to Summary Judgment Record (Attachments: #1 Supplement Redacted Motion for Summary Judgment Oral Argument Presentation) (Brochin, Robert)
September 28, 2015 Opinion or Order Filing 977 POST-SUMMARY JUDGMENT HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/28/2015. (tr00)
September 25, 2015 Opinion or Order Filing 979 RESPONSE to 951 Endorsed Order on Motion to Seal,, by Procaps S.A.. (see DE #975 for image) (tpl)
September 25, 2015 Opinion or Order Filing 976 MEMORANDUM in Support re 952 Order on Motion to Seal,,,,,, by Procaps S.A.. (Attachments: #1 Exhibit Procaps Memorandum in Opposition to Patheons Motion for Summary Judgment, #2 Exhibit Ex. 78: Procaps Response to Patheons New Interrogatories., #3 Exhibit Ex. 80: Procaps Revised Supplemental Response to Patheons New Interrogatories, #4 Exhibit Ex. 100: Excerpts of Ruben Minski 8/7/15 Deposition Transcript, #5 Exhibit Ex. 101: Errata Sheet of Ruben Minski 8/7/15 Deposition Transcript)(Carlos, Natalie)
September 25, 2015 Opinion or Order Filing 975 NOTICE by Procaps S.A. re 951 Order on Motion to Seal,, (Attachments: #1 Exhibit 1) (Coutroulis, Chris)
September 24, 2015 Opinion or Order Filing 974 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 9/24/2015 re #889 MOTION for Summary Judgment and Memorandum In Support by Patheon Inc. (Digital 14:01:38.) (mso)
September 23, 2015 Opinion or Order Filing 973 NOTICE by Procaps S.A. of Reliance on Authority (Attachments: #1 Exhibit) (Coutroulis, Chris)
September 23, 2015 Opinion or Order Filing 972 REPLY to Response to Motion re #938 MOTION to Seal /in Support of Motion to Show Cause [DE 939] filed by Patheon Inc.. (Brochin, Robert)
September 22, 2015 Opinion or Order Filing 971 NOTICE of Compliance and Consent to Public Filing of Procaps Summary Judgment Opposition Brief and Certain Exhibits by Patheon Inc. re 952 Order on Motion to Seal,,,,,, (Attachments: #1 Exhibit 1) (Brochin, Robert)
September 22, 2015 Opinion or Order Filing 970 NOTICE of Compliance by Patheon Inc. re 933 Order,,,,, (Brochin, Robert)
September 22, 2015 Opinion or Order Filing 969 ENDORSED ORDER granting #965 Joint Motion to Bring Electronic Equipment into the Courtroom. The parties and their attorneys are free to bring into the courtroom laptop computers, projectors, screens, televisions, monitors, "Elmos," and other, similar equipment. This Order may be shown to the deputy marshals or courtroom security officers as the necessary authority for bringing the equipment into the building and into the courtroom. The parties may arrive and begin setting up their technology in the courtroom at 11:30 AM on September 24, 2015. Signed by Magistrate Judge Jonathan Goodman on 9/22/2015. (tr00)
September 22, 2015 Opinion or Order Filing 968 ENDORSED ORDER granting #960 Motion to Seal pursuant to Local Rule 5.4 and the Court's #889 Order. Signed by Magistrate Judge Jonathan Goodman on 9/22/2015. (tr00)
September 22, 2015 Opinion or Order Filing 967 ENDORSED ORDER provisionally granting #957 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. However, Patheon notes it is filing under seal only pursuant to the requirements of the #86 Stipulated Confidentiality Order. Because this is not a mere discovery dispute, but, rather, a substantive, potentially case-dispositive matter, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Procaps. Procaps shall, by September 29, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis (as well as for the reply memorandum itself), the reasons why each item needs to be filed under seal. No reply is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 9/22/2015. (tr00)
September 22, 2015 Opinion or Order Filing 966 ENDORSED ORDER provisionally granting #956 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. As noted in the Court's previous Order concerning this exhibit [ECF No. 955 ], Procaps may address this issue in the required memorandum that the Court instructed [ECF No. 952 ] it to file concerning why this and other exhibits should be kept under seal, considering that they relate to a substantive, potentially case-dispositive motion. Signed by Magistrate Judge Jonathan Goodman on 9/22/2015. (tr00)
September 21, 2015 Opinion or Order Filing 965 Joint MOTION to Bring Electronic Equipment into the courtroom (Joint Motion to Allow Presentation Equipment at Summary Judgment Hearing) by Patheon Inc.. Responses due by 10/8/2015 (Brochin, Robert)
September 21, 2015 Opinion or Order Filing 964 RESPONSE in Opposition re #938 MOTION to Seal /Motion to Show Cause [DE 939] filed by Procaps S.A.. Replies due by 10/1/2015. (Rosenthal, Alan)
September 21, 2015 Opinion or Order Filing 960 MOTION to File Under Seal Questions and Exhibits for Summary Judgment Hearing In Compliance with Order [DE 891] by Procaps S.A., (nc)
September 21, 2015 Opinion or Order Filing 959 NOTICE of Compliance by Patheon Inc. re 891 Order,,,,,,, (Brochin, Robert)
September 21, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 958 [misc] restricted/sealed until further notice. (nc)
September 21, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 963 [misc] restricted/sealed until further notice. (nc)
September 21, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 961 [misc] restricted/sealed until further notice. (nc)
September 21, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 962 [misc] restricted/sealed until further notice. (nc)
September 18, 2015 Opinion or Order Filing 957 MOTION to File Under Seal by Patheon Inc. (nc)
September 18, 2015 Opinion or Order Filing 956 MOTION to File Under Seal Substitute Exhibit 78 by Procaps S.A., (nc) (Additional attachment(s) added on 9/21/2015: #1 Exhibit 78) (nc).
September 18, 2015 Opinion or Order Filing 955 ENDORSED ORDER denying without prejudice Procaps' #954 Motion to Substitute Exhibit 78 to Procaps' Memorandum in Opposition to Patheon's Second Motion for Summary Judgment. Procaps may address this issue in the required memorandum that the Court instructed [ECF No. 952 ] it to file concerning why this and other exhibits should be kept under seal, considering that they relate to a substantive, potentially case-dispositive motion. Accordingly, Procaps may include in that briefing why this document should be 1) kept under seal as is, 2) redacted and publicly filed, or 3) redacted and kept under seal. Signed by Magistrate Judge Jonathan Goodman on 9/18/2015. (tr00)
September 18, 2015 Opinion or Order Filing 954 Unopposed MOTION to Substitute Exhibit 78 to Procaps Memorandum in Opposition to Patheons Second Motion for Summary Judgment by Procaps S.A.. (Rosenthal, Alan)
September 18, 2015 Opinion or Order Filing 953 NOTICE by Patheon Inc. of Filing Exhibits 119, 121 and 126 to its Reply in Support of Motion for Summary Judgment (Attachments: #1 Exhibit 119, #2 Exhibit 121, #3 Exhibit 126) (Brochin, Robert)
September 17, 2015 Opinion or Order Filing 952 ENDORSED ORDER provisionally granting Procaps' #930 Motion to Seal the Response to Patheon's Motion for Summary Judgment and attached exhibits pursuant to Local Rule 5.4 and the Stipulated Confidentially Order.Procaps shall, by September 25, 2015, publicly file a redacted version of its Response to the Summary Judgment on CM/ECF. Additionally, because this is not a mere discovery dispute, but, rather, a response to a substantive, potentially case dispositive motion, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Procaps. Procaps shall, by September 25, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each of its exhibits (specifically Exhibits 76, 78, 80, 100, 101 and 105) and the memorandum (or specifically, portions of the memorandum) need to be filed under seal. No reply is permitted absent further Court order.Procaps notes it is filing certain other exhibits (specifically Exhibits 74, 75, 79, 83-93, 95-98, 104, 106, 107, 109-113, 115 and 116) under seal pursuant only to the requirements of the #86 Stipulated Confidentiality Order. For the same reasons stated above concerning Procaps' exhibits, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Patheon. Patheon shall, by September 25, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each of the above-listed exhibits needs to be filed under seal. No reply is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 9/17/2015. (tr00)
September 17, 2015 Opinion or Order Filing 951 ENDORSED ORDER provisionally granting Procaps' #943 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. However, because this is not a mere discovery dispute, but, rather, a substantive motion which might affect the summary judgment ruling and trial, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Procaps. Procaps shall, by September 25, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each exhibit needs to be filed under seal. No reply is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 9/17/2015. (tr00)
September 17, 2015 Opinion or Order Filing 950 ENDORSED ORDER granting Patheon's #928 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order; and granting Procaps' #942 Motion to Seal pursuant to Local Rule 5.4 and the Court's 927 Sealed Omnibus Discovery Order. Signed by Magistrate Judge Jonathan Goodman on 9/17/2015. (tr00)
September 17, 2015 Opinion or Order Filing 949 ENDORSED ORDER re Patheon's 939 SEALED MOTION to Show Cause. Procaps shall, by 9/21/2015, file a response of no more than 5 double-spaced pages, excluding signature block and certificate of service. Patheon may, by 9/23/2015, file an optional reply of no more than 3 double-spaced pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 9/17/2015. (tr00)
September 17, 2015 Opinion or Order Filing 948 ENDORSED ORDER granting #938 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 9/17/2015. (tr00)
September 17, 2015 Opinion or Order Filing 947 NOTICE by Procaps S.A. re 714 Order on Motion for Miscellaneous Relief,, (Rosenthal, Alan)
September 16, 2015 Opinion or Order Filing 946 RESPONSE in Opposition re #934 MOTION in Limine Regarding Testimony of W. James Lloyd filed by Procaps S.A.. Replies due by 9/28/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Rosenthal, Alan)
September 16, 2015 Opinion or Order Filing 945 ENDORSED ORDER re #941 Notice of Compliance filed by Procaps S.A. The Undersigned has conducted an in camera, ex parte review of the materials which Procaps filed under seal, in compliance with my Sealed Omnibus Discovery Order [ECF No. 927].The Undersigned saw no evidence in these materials to support Patheon's argument that the crime-fraud-misconduct theory requires the production of communications protected by Procaps' attorney-client privilege or work product exception to discovery. The Undersigned is not, with this conclusion, ruling that the crime-fraud exception has expanded into a misconduct exception. Rather, I am simply noting that no grounds to support the requested disclosure exist even if the exception is broadened to encompass misconduct, tortious conduct and discovery violations.Likewise, I did not see any material in the under-seal submission to support Patheon's theory that Procaps and its counsel were involved in an improper conspiracy to create or expand antitrust damages in this case under the so-called Rule of Reason. In other words, the documents I reviewed in camera do not support Patheon's allegation that Procaps "manufactured its Section 1 (antitrust) claim." [ECF No. 883-2, p. 2].Therefore, the Undersigned rejects Patheon's crime-fraud-misconduct theory and consequently rejects Patheon's request that I order Procaps to produce all privileged communications.One final point:In its Notice of Compliance [ECF No. 941], Procaps asked the Undersigned to give it the opportunity to seek "prior interlocutory review, if necessary," if I were to, among other things, provide "any on-the-record or other public comments" about the "contents of the privileged communications." (emphasis added). Under the circumstances, and given the nature of the comments made here, I do not construe Procaps' request as actually encompassing the language used in this Order. In other words, the Undersigned concludes that Procaps did not intend for "any" to actually mean "any" because there is nothing in this Order which would jeopardize or undermine the privileges Procaps has asserted to the under-seal documents. Therefore, there is nothing in this Order which would cause Procaps to seek prior interlocutory review. Signed by Magistrate Judge Jonathan Goodman on 9/16/2015. (JG)
September 16, 2015 Opinion or Order Filing 944 RESPONSE in Opposition re #936 MOTION in Limine Regarding Testimony by Roger D. Blair, Ph.D. filed by Procaps S.A.. Replies due by 9/28/2015. (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)(Coutroulis, Chris)
September 16, 2015 Opinion or Order Filing 943 MOTION to File Under Seal Exhibits to Its Response to Patheon's Daubert Motion As to W. James Lloyd by Procaps S.A., (nc) (Additional attachment(s) added on 9/17/2015: #1 Exhibit B, #2 Exhibit C, #3 Exhibit C cont'd, #4 Exhibit D, #5 Exhibit D cont'd, #6 Exhibit D cont'd) (nc).
September 16, 2015 Opinion or Order Filing 942 MOTION to File Privileged Communications Under Seal by Procaps S.A., (nc) (Additional attachment(s) added on 9/17/2015: #1 Exhibit, #2 Exhibit cont'd, #3 Exhibit cont'd, #4 Exhibit cont'd) (nc).
September 16, 2015 Opinion or Order Filing 941 NOTICE of Compliance Regarding Under-Seal Filing [DE 927] by Procaps S.A. (Carlos, Natalie)
September 16, 2015 Opinion or Order Filing 940 RESPONSE in Opposition re #935 MOTION in Limine Regarding Testimony by David J. Heyens filed by Procaps S.A.. Replies due by 9/28/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Coutroulis, Chris)
September 16, 2015 Opinion or Order Filing 937 PAPERLESS CLERK'S NOTICE of Compliance re 932 Endorsed Order. (ra)
September 16, 2015 Opinion or Order Filing 933 ENDORSED ORDER regarding summary judgment motion binders.Patheon submitted a courtesy copy of its summary judgment motion to chambers, and the Court appreciates the 2-volume copy. However, the Court would like an additional courtesy copy for the law clerk working with me on this case. In addition, I would like two master copies (one for me and one for my law clerk) of all cases and authorities cited in the motion. These binders of authorities should be in alphabetical order, tabbed, with a table of contents, and with the relevant portions of the cases and other authorities highlighted. In addition, I would also appreciate two master copies of Patheon's reply memorandum, along with copies of authorities cited in the reply (but only if those authorities are not also cited in the original motion, as courtesy copies of those authorities will have already been submitted to chambers).The same request for binders applies to Procaps, which has already submitted under seal its opposition response.Procaps shall submit the response-related binders by September 22, 2015. Patheon shall submit the additional copy of its first binders and the binders of authorities for its motion by September 22, 2015. Patheon shall submit reply-related binders to chambers within three business days of filing its reply.The Undersigned thanks the parties in advance for their cooperation. Signed by Magistrate Judge Jonathan Goodman on 9/16/2015. (JG)
September 16, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 939 [motion] restricted/sealed until further notice. (nc)
September 15, 2015 Opinion or Order Filing 938 MOTION to File Under Seal by Patheon Inc. (nc)
September 15, 2015 Opinion or Order Filing 932 ENDORSED ORDER re #899 Patheon's Motion to File Under Seal and #924 Notice by Procaps S.A. re 902 Order on Motion to Seal.Presently, Exhibit A [ECF No. [899-1]], Exhibit B [ECF No. [899-2]], and Exhibit C [ECF Nos. [899-3]; [899-4]], are entered as single docket entries (except that Exhibit C is split into two docket entries). Each exhibit, however, represents a separate (provisionally) sealed motion with several attached exhibits. Each of these must be re-entered as separate docket entries with the appropriate attachments as follows:Exhibit A [ECF No. [899-1]]: The Motion itself shall be entered as an UNSEALED Motion, and each of the following exhibits shall be individually entered as UNSEALED attachments to the newly-unsealed Motion: Exhibit A-1; Exhibit A-3; Exhibit A-4; Exhibit A-5 (presently docketed at ECF No. [897-1]); Exhibit A-6; Exhibit A-7; Exhibit A-8. Exhibit A-2 shall be entered independently as a SEALED docket entry.Exhibit B [ECF No. [899-2]]: The Motion itself shall be entered as an UNSEALED Motion, and it's single Exhibit shall be entered as an UNSEALED attachment to the newly-unsealed Motion.Exhibit C [ECF Nos. [899-3]; [899-4]]: The Motion itself shall be entered as an UNSEALED Motion, and each of the following exhibits shall be individually entered as UNSEALED attachments to the newly-unsealed Motion: Exhibit C-1; Exhibit C-3; Exhibit C-4. Signed by Magistrate Judge Jonathan Goodman on 9/15/2015. (tr00)
September 14, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 926 [motion] restricted/sealed until further notice. (ra)
September 14, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 927 [order] restricted/sealed until further notice. (ra)
September 14, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 929 [misc] restricted/sealed until further notice. (ra)
September 14, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 931 [misc] restricted/sealed until further notice. (ra)
September 14, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 925 [motion] restricted/sealed until further notice. (ra)
September 11, 2015 Opinion or Order Filing 930 MOTION to Seal Memorandum in Opposition to Second Motion for summary judgment. (ra)
September 11, 2015 Opinion or Order Filing 928 MOTION to Seal Opposition to Motion to Strike (ra)
September 11, 2015 Opinion or Order Filing 924 NOTICE by Procaps S.A. re 902 Order on Motion to Seal,,,,, (Pappas, Gary)
September 11, 2015 Opinion or Order Filing 923 NOTICE by Procaps S.A. of Filing Exhibits in Support of its Memorandum in Oppositionto Patheon's Second Motion for Summary Judgment (Attachments: #1 Exhibit 74 - filed under seal, #2 Exhibit 75 - filed under seal, #3 Exhibit 76 - filed under seal, #4 Exhibit 77 - public, #5 Exhibit 78 - filed under seal, #6 Exhibit 79 - filed under seal, #7 Exhibit 80 - filed under seal, #8 Exhibit 81 - public, #9 Exhibit 82 - public, #10 Exhibit 83 - filed under seal, #11 Exhibit 84 - filed under seal, #12 Exhibit 85 - filed under seal, #13 Exhibit 86 - filed under seal, #14 Exhibit 87 - filed under seal, #15 Exhibit 88 - filed under seal, #16 Exhibit 89 - filed under seal, #17 Exhibit 90 - filed under seal, #18 Exhibit 91 - filed under seal, #19 Exhibit 92 - filed under seal, #20 Exhibit 93 - filed under seal, #21 Exhibit 94 - public, #22 Exhibit 95 - filed under seal, #23 Exhibit 96 - filed under seal, #24 Exhibit 97 - filed under seal, #25 Exhibit 98 - filed under seal, #26 Exhibit 99 - public, #27 Exhibit 100 - filed under seal, #28 Exhibit 101 - filed under seal, #29 Exhibit 102 - public, #30 Exhibit 103 - public, #31 Exhibit 104 - filed under seal, #32 Exhibit 105 - filed under seal, #33 Exhibit 106 - filed under seal, #34 Exhibit 107 - filed under seal, #35 Exhibit 108 - public, #36 Exhibit 109 - filed under seal, #37 Exhibit 110 - filed under seal, #38 Exhibit 111 - filed under seal, #39 Exhibit 112 - filed under seal, #40 Exhibit 113 - filed under seal, #41 Exhibit 114 - public, #42 Exhibit 115 - filed under seal, #43 Exhibit 116 - filed under seal, #44 Exhibit 117 - public, #45 Exhibit 118 - public) (Coutroulis, Chris)
September 10, 2015 Opinion or Order Filing 922 ENDORSED ORDER granting #916 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 9/10/2015. (tr00)
September 10, 2015 Opinion or Order Filing 921 ENDORSED ORDER granting #915 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 9/10/2015. (tr00)
September 9, 2015 Opinion or Order Filing 920 ENDORSED ORDER re 917 Procps' SEALED MOTION to Strike Un-Redacted Exhibit and Deposition Testimony Derived from Improper Questioning by Procaps S.A. Patheon shall file a double-spaced response of no more than 5 pages, excluding signature block and certificate of service, by 9:00 a.m. on Friday, September 11, 2015. No reply permitted. The Undersigned anticipates issuing an Omnibus Order on this motion and other, related motions on September 11, 2015 (though it may well be in the evening) so that the Parties will know the ruling before the reconvened 30(b)(6) deposition of Procaps' Alvaro Franco begins on Saturday, September 12, 2015. Signed by Magistrate Judge Jonathan Goodman on 9/9/2015. (JG)
September 9, 2015 Opinion or Order Filing 919 NOTICE by Patheon Inc. re 907 Order,,,,,,,,, of Filing Memorandum in Response to Hypothetical (Attachments: #1 Memorandum) (Brochin, Robert)
September 9, 2015 Opinion or Order Filing 918 RESPONSE/REPLY to 907 Order,,,,,,,,, Regarding Hypothetical by Procaps S.A.. (Attachments: #1 Exhibit)(Carlos, Natalie)
September 9, 2015 Opinion or Order Filing 916 MOTION to File Under Seal Procaps' Motion to Strike Un-Redacted Exhibit and Deposition Testimony Derived from Improper Questioning by Procaps S.A. (nc)
September 9, 2015 Opinion or Order Filing 915 MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 9/9/2015: #1 Exhibit 2, #2 Exhibit 3) (nc).
September 9, 2015 Opinion or Order Filing 914 CLERK'S NOTICE of Compliance by Unsealing #889 MOTION for Summary Judgment and Memorandum In Support, pursuant to 913 Endorsed Order (nc)
September 9, 2015 Opinion or Order Filing 913 ENDORSED ORDER re #911 Notice by Procaps. On 9/1/2015, the Undersigned provisionally granted 893 Patheon's motion #888 to seal its motion for summary judgment #889 and attached exhibits. The Undersigned instructed Procaps to file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each exhibit needs to be filed under seal. Procaps has now submitted a Notice #911 stating that it supports the public filing of Patheon's Motion for Summary Judgment and all exhibits attached thereto. Accordingly, the Clerk of Court is directed to unseal ECF No. #889 . Signed by Magistrate Judge Jonathan Goodman on 9/9/2015. (tr00)
September 9, 2015 Opinion or Order Filing 912 NOTICE of Compliance by Procaps S.A. re #905 Order (Carlos, Natalie)
September 9, 2015 Opinion or Order Filing 911 NOTICE by Procaps S.A. re 893 Order on Motion to Seal,,, (Coutroulis, Chris)
September 9, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 917 [motion] restricted/sealed until further notice. (nc)
September 8, 2015 Opinion or Order Filing 910 CLERK'S CORRECTION NOTICE re 909 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 9/3/2015 re #895 Plaintiff's MOTION for Extension of Time of Deposition Deadline re 885 Order on Motion to Compel, filed by Procaps S.A., #894 Plaintiff's MOTION for clarification 885 Order on Motion to Compel, MOTION for Hearing filed by Procaps S.A. (Digital 18:00:20.) Modified docket text on 9/8/2015 to correct the date hearing was held. (mso). (mso)
September 8, 2015 Opinion or Order Filing 909 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 9/3/2015 re #895 Plaintiff's MOTION for Extension of Time of Deposition Deadline re 885 Order on Motion to Compel, filed by Procaps S.A., #894 Plaintiff's MOTION for clarification 885 Order on Motion to Compel, MOTION for Hearing filed by Procaps S.A. (Digital 18:00:20.) Modified docket text on 9/8/2015 to correct the date hearing was held. (mso).
September 8, 2015 Opinion or Order Filing 908 TRANSCRIPT of Telephonic Discovery Hearing held on 9/3/2015 before Magistrate Judge Jonathan Goodman, 1-54 pages, Court Reporter: Bonnie Joy Lewis, Case Law Reporting, Inc., 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/2/2015. Redacted Transcript Deadline set for 10/13/2015. Release of Transcript Restriction set for 12/10/2015. (Attachments: #1 Designation)(mc)
September 4, 2015 Opinion or Order Filing 907 ENDORSED ORDER regarding hypothetical.Given the upcoming trial date and Patheon's intent to reconvene a Rule 30(b)(6) deposition this Saturday, September 12, 2015, the Undersigned would like each side to by September 9, 2015 submit a double-spaced memorandum of no more than 5 pages (excluding signature block and certificate of service) on the following hypothetical:Assume that an attorney for a plaintiff pursuing a personal injury products liability lawsuit advised her client to not attend the physical therapy sessions recommended by her doctor because she wants the jury to award significant damages, a goal which would be undermined if her client medically improved because of the physical therapy. In addition, assume further that the same attorney also advised her client to postpone a recommended regimen of corrective surgery and prescription medication for the same strategic reason -- i.e., creating damages, maintaining damages and/or preventing the reduction of damages. And further assume that the attorney advised her client to (1) wear sloppy clothes at trial, (2) not use makeup at trial, and (3) not sleep the night before trial and to minimize sleep during the trial -- because the attorney wanted her to "look bad" in the hope that the jury would increase its damages award.If the Plaintiff attorney's advice to her client were contained in privileged emails, then would the defendant be entitled to those privileged emails in discovery, and, if so, under what legal doctrine (i.e., the "at issue" doctrine, the crime-fraud doctrine, some other theory)? Would the answer depend on which specific advice was being analyzed? Please note that the plaintiff in this hypothetical has not affirmatively placed her attorney's advice at issue. In other words, unlike a criminal defendant relying on an advice of counsel defense, she is not relying on it to prove her claim (or defense, in the case of an advice of counsel scenario). Instead, the privileged emails would likely help the defense on issues of proximate causation and the amount and scope of damages -- just like virtually all privileged information would likely help the opposing party if disclosed. Signed by Magistrate Judge Jonathan Goodman on 9/4/2015. (JG)
September 4, 2015 Opinion or Order Filing 906 ENDORSED ORDER denying as moot #904 Patheon's Motion for Clarification. Signed by Magistrate Judge Jonathan Goodman on 9/2/2015. (JG)
September 4, 2015 Opinion or Order Filing 905 POST-HEARING ADMINISTRATIVE ORDER re September 3, 2015 Hearing (and Adding Additional Filing Requirement). Signed by Magistrate Judge Jonathan Goodman on 9/4/2015. (tr00)
September 4, 2015 Opinion or Order Filing 904 Defendant's MOTION for clarification of the Court's September 3, 2015 Rulings by Patheon Inc.. Responses due by 9/21/2015 (Attachments: #1 Exhibit 1)(Brochin, Robert)
September 3, 2015 Opinion or Order Filing 903 RESPONSE in Opposition re #894 Plaintiff's MOTION for clarification 885 Order on Motion to Compel,,,,, MOTION for Hearing filed by Patheon Inc.. Replies due by 9/14/2015. (Brochin, Robert)
September 3, 2015 Opinion or Order Filing 902 ENDORSED ORDER provisionally granting #899 Patheon's Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order.However, Patheon notes it is filing under seal only pursuant to the requirements of the #86 Stipulated Confidentiality Order. Because this is not a mere discovery dispute, but, rather, a substantive motion which might affect the summary judgment ruling and trial, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Procaps. Procaps shall, by September 11, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each exhibit needs to be filed under seal. No reply is permitted absent further Court order. Additionally, the Clerk's Office is instructed to enter the attached sealed exhibits (Exhibits A, B and C to the Motion to Seal [ECF Nos. [899-1]; [899-2]; [899-3]; [899-4]]) as separate sealed docket entries, as follows: Exhibit A [ECF No. [899-1]] should be designated as a Sealed Motion on CM/ECF, and the remaining Exhibits, B and C (and C cont.) [ECF Nos. [899-2]; [899-3]; [899-4]] should be set as attached exhibits to the Sealed Motion [ECF No. [899-1]]. Signed by Magistrate Judge Jonathan Goodman on 9/3/2015. (tr00)
September 3, 2015 Opinion or Order Filing 901 RESPONSE in Opposition re #895 Plaintiff's MOTION for Extension of Time of Deposition Deadline re 885 Order on Motion to Compel,,,,, filed by Patheon Inc.. Replies due by 9/14/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
September 3, 2015 Opinion or Order Filing 900 Clerks Notice to Filer re #894 Plaintiff's MOTION for clarification 885 Order on Motion to Compel,,,,, . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tpl)
September 3, 2015 Opinion or Order Filing 898 ENDORSED ORDER re 891 Order,,,,,,, 890 Endorsed Order, Set/Reset Motion/R&R Deadlines and Hearings, Set/Reset Hearings,,,,,,,,,,,,,,,,,, #889 SEALED MOTION for Summary Judgment and Memorandum In Support by Patheon Inc. This Order is designed to give the parties notice of an upcoming assignment so that they are not facing an unduly tight deadline to comply. In other words, this Order is intended to provide the parties with the ability to start the work needed to complete the task well in advance of the deadline, so they can avoid angst and other negative conditions and emotions. Here is the assignment:The parties shall, by October 5, 2015 ( a week and a half after the summary judgment motion hearing), file a proposed order on Patheon's summary judgment motion. The proposed order shall be double-spaced and be limited to 25 pages, excluding signature block and certificate of service. The proposed order shall be drafted as if the Undersigned prepared it, ready to be signed and uploaded. The parties shall also submit an extra courtesy copy, in "Word" format, to the Undersigned's e-file inbox. The proposed order should, as might be necessary, discuss key issues addressed at the summary judgment hearing. The parties should not pursue strategies designed to circumvent the spirit of the page limit. Thus, to provide some illustrations, the parties should not include page-long quotes from deposition transcripts, cases or memoranda in single space format, and they should avoid half-page (or longer) footnotes in single space format. Similar to an actual Order entered by a Court on a summary judgment motion, the proposed orders should include (1) pinpoint citations to the record whenever a fact is mentioned, and (2) precise, pinpoint page citations to case law references.Absent compelling circumstances bordering on a genuine emergency, the Undersigned will not change the due date or the page limitation. Signed by Magistrate Judge Jonathan Goodman on 9/3/2015. (JG)
September 2, 2015 Opinion or Order Filing 936 UNSEALED MOTION to Exclude the Testimony of Roger D. Blair by Patheon Inc. (docketed as per 932 Order, confirmed with Chamber) (ra)
September 2, 2015 Opinion or Order Filing 935 UNLEALED MOTION to Exclude the Testimony of David H. Heyens by Patheon Inc. (docketed as per 932 Order, confirmed with Chamber) (ra)
September 2, 2015 Opinion or Order Filing 934 UNSEALED MOTION to Exclude the Testimony of W. James Lloyd by Patheon Inc. (docketed as per 932 Order, confirmed with Chamber) (ra) (Additional attachment(s) added on 9/16/2015: #1 SEALED Exhibit) (ra). Modified Text on 9/16/2015 (ra).
September 2, 2015 Opinion or Order Filing 899 MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 9/3/2015: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C cont'd) (nc).
September 2, 2015 Opinion or Order Filing 897 NOTICE by Patheon Inc. (Notice of Filing Exhibit 5 to Motion to Exclude the Testimony of W. James Lloyd, filed Sept. 2, 2015) (Attachments: #1 Exhibit 5 to Motion to Exclude the Testimony of W. James Lloyd) (Brochin, Robert)
September 2, 2015 Opinion or Order Filing 896 ENDORSED ORDER re #895 Plaintiff's Motion for Extension of Time of Deposition Deadline and #894 Plaintiff's Motion for Clarification. Patheon shall, by 5:00 PM on 9/3/2015, file a response to of no more than four double-spaced pages, excluding signature block and certificate of service to #894 Plaintiff's Motion for Clarification; Patheon also shall, by 5:00 PM on 9/3/2015, file a response to of no more than two double-spaced pages, excluding signature block and certificate of service, to #895 Plaintiff's Motion for Extension of Time of Deposition Deadline. No reply permitted for either motion.Additionally, the Undersigned will hold a Telephonic Motion Hearing on both motions [ECF Nos. #894 ; #895 ] on 9/3/2015 at 06:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The call-in procedure is as follows: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular telephone use permitted. Signed by Magistrate Judge Jonathan Goodman on 9/2/2015. (tr00)
September 2, 2015 Opinion or Order Filing 895 Plaintiff's MOTION for Extension of Time of Deposition Deadline re 885 Order on Motion to Compel,,,,, by Procaps S.A.. Responses due by 9/21/2015 (Carlos, Natalie)
September 2, 2015 Opinion or Order Filing 894 Plaintiff's MOTION for clarification 885 Order on Motion to Compel,,,,, by Procaps S.A.. Responses due by 9/21/2015 (Attachments: #1 Exhibit August 31, 2015 email, #2 Exhibit Declaration)(Carlos, Natalie). Added MOTION for Hearing on 9/3/2015 (tpl).
September 1, 2015 Opinion or Order Filing 893 ENDORSED ORDER provisionally granting #888 Patheon's Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order.However, Patheon notes that it supports the public filing of this motion and all of the attached exhibits, but it is filing under seal only pursuant to the requirements of the #86 Stipulated Confidentiality Order. Because this is a dispositive motion seeking substantive relief, and not a discovery motion, the Undersigned will only provisionally grant the motion pending the submission of the following briefing from Procaps. Procaps shall, by September 9, 2015, file a memorandum explaining, on an exhibit-by-exhibit basis, the reasons why each exhibit needs to be filed under seal. No reply is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 9/1/2015. (tr00)
September 1, 2015 Opinion or Order Filing 892 ENDORSED ORDER granting #883 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 9/1/2015. (tr00)
August 31, 2015 Opinion or Order Filing 891 ENDORSED ORDER re 890 Endorsed Order, Set/Reset Motion/R&R Deadlines and Hearings, Set/Reset Hearings,,,,,,,,,,,,,,,,,, In connection with the September 24, 2015 in-person hearing on Patheon's summary judgment motion, the parties shall by September 21, 2015 file under seal a list of 10 specific questions which it would like the Undersigned to ask opposing counsel at the hearing. The questions may be about the factual record, the law, exhibits, the arguments raised in the briefing or any other issue relevant to the Undersigned's analysis of the summary judgment motion.To the extent that the questions (which should be precise and pinpoint) concern exhibits, the parties may attach relevant exhibits to the under-seal list of questions. However, the parties should not indiscriminately file massive numbers of exhibits, nor should they file exhibits which run on for dozens of pages. It is highly unlikely that the Undersigned will have time to adequately review more than an extremely modest number of pages of exhibits attached to the questions. By providing this alternative, the Undersigned is by no means suggesting that a party should attach exhibits to the questions. In fact, it might be better to simpy refer to exhibits already filed (assuming the exhibits are not voluminous but, instead, are manageable and capable of being reviewed in the brief gap between the filing of the questions and the hearing). One final point:Although the Undersigned will carefully review all questions submitted, the mere fact that a party submitted a question does not necessarily mean that the Undersigned will in fact ask that specific question (or any of the questions, for that matter). The Undersigned may ask a question, may modify a question, may combine the question with another or may decide to skip the question entirely. Signed by Magistrate Judge Jonathan Goodman on 08/31/2015. (JG)
August 31, 2015 Opinion or Order Filing 890 ENDORSED ORDER setting In-Person Motion Hearing re #889 Patheon's Motion for Summary Judgment and Memorandum In Support for 9/24/2015 at 02:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Additionally, the issues set to be heard during the previously-scheduled (and now-cancelled) Telephone Conference [ECF No. 714 ] set for 9/24/2015 at 10:00 AM will now be encompassed in the In-Person Motion Hearing at 02:00 PM. Accordingly, the parties should be prepared to discuss those issues at the outset of the Motion Hearing. Should the parties wish to have non-participating attorneys listen to the Hearing remotely, they may phone in using the following call-in procedure: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign.Per the #655 Trial Scheduling Order, the response to the Motion for Summary Judgment is due on 9/11/2015 and the reply is due on 9/18/2015. The parties shall note that no enlargements of time for the response or reply to the Summary Judgment Motion will be provided absent compelling circumstances bordering on a bona fide emergency. The Court does not view as compelling the arguments that the motion is complex and cites many cases, that the parties are busy getting ready for trial, that counsel are burdened with other litigation matters, or that one attorney has a scheduling issue. Each side has many attorneys working on the case, and the unavailability of one or two should not require additional time to submit a memorandum of law in a lawsuit seeking more than $300 million. Signed by Magistrate Judge Jonathan Goodman on 8/31/2015. (tr00)
August 28, 2015 Opinion or Order Filing 889 MOTION for Summary Judgment and Memorandum In Support by Patheon Inc. (Attachments: #1 (See Supplemental Attachment(s) for Exhibits))(nc) Modified by Unsealing Document per 913 Endorsed Order on 9/9/2015 (nc).
August 28, 2015 Opinion or Order Filing 888 MOTION to File Under Seal by Patheon Inc. (nc)
August 28, 2015 Opinion or Order Filing 887 NOTICE of Compliance by Patheon Inc. re #882 Order on Motion for Miscellaneous Relief (Brochin, Robert)
August 28, 2015 Opinion or Order Filing 886 NOTICE by Patheon Inc. of Filing (Exhibits 1, 19-21, 23-25, 31, 40, 44-48, 68, 70 to Motion for Summary Judgment and Memorandum in Support filed August 28, 2015) (Attachments: #1 Exhibit 1, #2 Exhibit 19, #3 Exhibit 20, #4 Exhibit 21, #5 Exhibit 23, #6 Exhibit 24, #7 Exhibit 25, #8 Exhibit 31, #9 Exhibit 40, #10 Exhibit 44, #11 Exhibit 45, #12 Exhibit 46, #13 Exhibit 47, #14 Exhibit 48, #15 Exhibit 68, #16 Exhibit 70) (Brochin, Robert)
August 28, 2015 Opinion or Order Filing 885 ENDORSED ORDER granting #860 Patheon's Motion to Compel Reconvened Deposition of Rule 30(b)(6) witness. Procaps shall, by September 4, 2015, produce all documents concerning the errata sheet and concerning Procaps' business in the relevant markets, including "pipeline" business and the six contracts mentioned in Patheon's motion.Procaps shall produce Mr. Minski for a reconvened 30(b)(6) deposition by September 14, 2015. Because Mr. Minski provided significant information at the 30(b)(6) deposition, the Undersigned does not anticipate that the deposition will last long. Given that Patheon already took Minski's 30(b)(6) deposition for six hours, Patheon shall have one additonal hour to ask questions in the reconvened deposition.Because the reconvened deposition will last only up to an hour, the Undersigned deems it inefficient to require Minski to fly all the way from Colombia for a relatively brief deposition. Therefore, Patheon shall take the deposition by satellite video hookup, unless Procaps for some reason wants Mr. Minski here in person to answer the questions. If Procaps does want Minski to appear in person for his reconvened deposition, then the deposition will be in defense counsel's Washington, D.C. office. Signed by Magistrate Judge Jonathan Goodman on 8/28/2015. (JG)
August 28, 2015 Opinion or Order Filing 883 MOTION to File Under Seal by Patheo Inc. (nc) (Additional attachment(s) added on 8/28/2015: #1 Exhibit A, #2 Exhibit B) (nc).
August 28, 2015 Opinion or Order Filing 882 ORDER granting #881 Unopposed Motion to File Video Recording. Signed by Magistrate Judge Jonathan Goodman on 8/28/2015. (tr00)
August 28, 2015 Opinion or Order Filing 881 Defendant's MOTION To File Electronically Stored Information In Support Of Motion To Compel Based On Waiver Of Attorney-Client Privilege And Motion To Compel Production Of Non-Privileged Document by Patheon Inc.. (Brochin, Robert)
August 28, 2015 Opinion or Order Filing 880 RESPONSE in Support re #860 Defendant's MOTION to Compel Based on Inadequately Prepared 30(b)(6) Witness filed by Patheon Inc.. (Brochin, Robert)
August 28, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 884 [misc] restricted/sealed until further notice. (nc)
August 26, 2015 Opinion or Order Filing 879 ENDORSED ORDER granting #876 Motion to Seal pursuant to Local Rule 5.4 and Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 8/26/2015. (tr00)
August 26, 2015 Opinion or Order Filing 878 ENDORSED ORDER granting #875 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 8/26/2015. (tr00)
August 25, 2015 Opinion or Order Filing 877 RESPONSE in Opposition re #860 Defendant's MOTION to Compel Based on Inadequately Prepared 30(b)(6) Witness filed by Procaps S.A.. Replies due by 9/4/2015. (Attachments: #1 Exhibit 1)(Rosenthal, Alan)
August 25, 2015 Opinion or Order Filing 876 MOTION to File Under Seal Exhibit to Procaps' Response to Patheon's Motion to Compel Based on Inadequately Prepared 30(b)(6) Witness by Procaps S.A. (nc) (Additional attachment(s) added on 8/25/2015: #1 Exhibit 1) (nc).
August 24, 2015 Opinion or Order Filing 875 MOTION to File Under Seal Its Responses to Patheon's Motion to Compel Production of Non-Privilege Document and to Compel Based On Waiver of Attorney-Client Privilege by Procaps S.A. (nc) (Additional attachment(s) added on 8/25/2015: #1 Exhibit A, #2 Exhibit B) (nc).
August 24, 2015 Opinion or Order Filing 874 ENDORSED ORDER denying #726 Procaps' Motion to Substitute DPx as a party for Defendant Patheon or to join DPx as an additional Party Defendant.As Procaps itself conceded, DPx can always be added or substituted later, if Procaps obtains a judgment. Signed by Magistrate Judge Jonathan Goodman on 8/24/2015. (JG)
August 24, 2015 Opinion or Order Filing 873 ENDORSED ORDER denying #808 Patheon's Motion to Strike the (Third) Expert Witness Report of W. James Lloyd. The Court will give Patheon wide latitude to cross-examine Mr. Lloyd at trial, including questions about why he initially said he did not use the "yardstick" methodology in his first two reports (but then later said he made a mistake and actually did use it) and questions designed to bolster Patheon's theory that the third report is merely an attempt to prop up earlier, less-convincing, versions of his prior reports. Given the differences between Mr. Lloyd's latest report and his first reports, Procaps and Mr. Lloyd should anticipate that a wide-ranging, comprehensive, probing, aggressive cross-examination on myriad topics will likely be permitted in the absence of unusual circumstances. Signed by Magistrate Judge Jonathan Goodman on 8/24/2015. (JG)
August 24, 2015 Opinion or Order Filing 871 NOTICE of Compliance (Exhibit 4 to DE 811 filed under seal) by Patheon Inc. re 869 Order,,,,, (Brochin, Robert)
August 24, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 872 [misc] restricted/sealed until further notice. (nc)
August 23, 2015 Opinion or Order Filing 870 ENDORSED ORDER granting in part and denying in part #807 Patheon's Motion to Strike David Heyens' expert report. The Court will not strike the report. However, Mr. Heyens will not be permitted to offer opinions at trial concerning the potential for genuine adverse effects based on the defendant's market power. In addition, Procaps will not be to support a summary judgment motion or defend against a Patheon summary judgment motion by relying on any expert opinion Mr. Heyens may have about potential effects, as opposed to actual effects. Signed by Magistrate Judge Jonathan Goodman on 8/23/2015. (JG)
August 23, 2015 Opinion or Order Filing 869 ENDORSED ORDER re #811 Patheon's MOTION to Seal.In its Motion to Strike the Expert Report of W. James Lloyd [ECF No. 811], Patheon referenced a "redline" document which was intended to evidence the "vast differences" between Lloyd's reports. In a footnote, Patheon explained that (1) underlined text in the redlined document would show new text added to the third report, (2) stricken text was included in the second report but deleted from the third report, and (3) text neither underlined nor stricken through was included in both the second and third reports. This redlined document was filed under seal. Patheon designated the document as Exhibit 4. In a motion to file under seal filed [ECF No. 811] the day after it filed the motion to strike Lloyd's expert report, Patheon represented that wanted to file under seal exhibits 1-4 of its motion to strike Lloyd's report. This should have included the redlined comparison (i.e., Exhibit 4). The Court granted the motion to file under seal.However, Exhibit 4 was not in fact filed under seal, and the Undersigned does not have the ability to review the redlined document comparing Lloyd's various reports.Therefore, Patheon shall file Exhibit 4, the redlined comparison, under seal, by noon on August 24, 2015. Signed by Magistrate Judge Jonathan Goodman on 8/23/2015. (JG)
August 19, 2015 Opinion or Order Filing 868 TRANSCRIPT of Telephonic Status Conference held on April 30, 2015, before Magistrate Judge Jonathan Goodman, 1-27 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov. (Digital 14:01:24.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2015. Redacted Transcript Deadline set for 9/24/2015. Release of Transcript Restriction set for 11/20/2015. (le)
August 19, 2015 Opinion or Order Filing 867 ENDORSED ORDER granting #863 Motion to Seal, and granting #866 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 8/19/2015. (tr00)
August 18, 2015 Opinion or Order Filing 866 MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 8/18/2015: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (nc).
August 18, 2015 Opinion or Order Filing 865 ENDORSED ORDER granting Procaps' #859 Motion to File under Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 8/18/2015. (tr00)
August 18, 2015 Opinion or Order Filing 862 ENDORSED ORDER re #860 Defendant's MOTION to Compel Based on Inadequately Prepared 30(b)(6) Witness filed by Patheon Inc. Procaps shall file a double-spaced response of no more than 5 pages, excluding signature block and certificate of service, by August 25, 2015 and Patheon shall file a 3-page reply by August 28, 2015. Both the response and reply should address the two alternative types of relief sought by Patheon -- production of documents or the reconvening of the 30(b)(6) deposition (with either Minski or another Procaps designeee -- or designees -- as the corporate representative). In addition, they should address the possibilities of both types of relief being awarded and neither type of relief being provided. Signed by Magistrate Judge Jonathan Goodman on 8/18/2015. (JG)
August 18, 2015 Opinion or Order Filing 861 ENDORSED ORDER granting #857 Patheon's Motion for leave to include an antitrust standing argument in its anticipated summary judgment motion. The motion is granted, but on two conditions: (1) the antitrust standing argument must be based on new evidence (i.e., evidence not available when the Court previously denied the antitrust standing argument), and (2) Patheon will not use any additional pages. This order by no means indicates, even implicitly, that the Court is inclined to adopt an antitrust argument. Instead, it merely gives Patheon the opportunity to present it again, based on new evidence. Signed by Magistrate Judge Jonathan Goodman on 8/18/2015. (JG)
August 17, 2015 Opinion or Order Filing 864 Clerk's Notice of Filing Deficiency Re: #863 MOTION to Seal. Document(s) missing required original signature(s) (Fed.R.Civ.P. 11(a)). (nc)
August 17, 2015 Opinion or Order Filing 863 MOTION to File Under Seal by Procaps, S.A. (nc) (Additional attachment(s) added on 8/18/2015: #1 Exhibit 1, #2 Exhibit 2) (nc).
August 17, 2015 Opinion or Order Filing 860 Defendant's MOTION to Compel Based on Inadequately Prepared 30(b)(6) Witness by Patheon Inc.. Responses due by 9/3/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
August 17, 2015 Opinion or Order Filing 859 MOTION to File Under Seal by Procaps S.A.. (Rosenthal, Alan)
August 17, 2015 Opinion or Order Filing 858 RESPONSE in Opposition re #807 Defendant's MOTION to Strike the Expert Report of David Heyens filed by Procaps S.A.. Replies due by 8/27/2015. (Attachments: #1 Exhibit 1 - Coversheet, #2 Exhibit 2 - Coversheet)(Rosenthal, Alan)
August 17, 2015 Opinion or Order Filing 857 Defendant's MOTION for Leave to Include Argument on Antitrust Standing at Summary Judgment by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
August 17, 2015 Opinion or Order Filing 856 ENDORSED ORDER granting #855 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Furthermore, the Clerk's Office is instructed to enter the two attached sealed exhibits (Exhibits A and B to the Motion to Seal [ECF Nos. 855-1; 855-2] as separate sealed docket entries, as each one of those Exhibits is a Motion that the Court is taking into consideration.Additionally, as to the Motions to Compel, Patheon shall serve Procaps with its under-seal motions today, via email, if it has not already done so. Procaps shall, by August 24, 2015, file individual responses to each motion. Each response shall be no more than 5 double-spaced pages, excluding signature block and certificate of service. Patheon shall, by August 28, 2015, file individual replies supporting each motion. The replies shall be not more than 3 double-spaced pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 8/17/2015. (tr00)
August 17, 2015 Opinion or Order Filing 855 MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 8/17/2015: #1 Exhibit A, #2 Exhibit B) (nc).
August 17, 2015 Opinion or Order SYSTEM ENTRY - Docket Entry 854 [motion] restricted/sealed until further notice. (mg)
August 14, 2015 Opinion or Order Filing 853 ENDORSED ORDER denying #822 without prejudice Plaintiff's "motion" for application of the Rule of Reason. Procaps submitted its so-called motion in response to a Court order [ECF No. 778] requiring the parties to "file their own recommended structure" for the rule of reason methodology to be used at trial. The order did not require a motion. Patheon filed its proposed methodology in a notice, but Procaps filed an actual motion. The Court is denying the motion, albeit without prejudice, and will deem the motion a notice or memorandum, but CM/ECF will not be listing it as a motion from this point forward. Signed by Magistrate Judge Jonathan Goodman on 8/14/2015. (JG)
August 14, 2015 Opinion or Order Filing 852 ENDORSED ORDER granting #846 Motion to Seal pursuant to Local Rule 5.4 and the Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 8/14/2015. (tr00)
August 12, 2015 Opinion or Order Filing 851 ENDORSED ORDER granting #850 Procaps' Motion for Leave to File a Brief Sur-Reply in Opposition to Patheon's Motion to Strike David Hevens' Expert Report. The sur-reply may not exceed two pages and shall be filed by August 17, 2015. No further briefs of any kind may be filed on this issue. Signed by Magistrate Judge Jonathan Goodman on 8/12/2015. (JG)
August 12, 2015 Opinion or Order Filing 850 MOTION for Leave to File Brief Sur-Reply in Opposition to Patheon's Motion to Strike the Expert Report of David J. Heyens by Procaps S.A.. (Rosenthal, Alan)
August 12, 2015 Opinion or Order Filing 849 ORDER denying Procaps' #839 Motion to Compel Reconvened Deposition of James Mullen. Signed by Magistrate Judge Jonathan Goodman on 8/12/2015. (tr00)
August 11, 2015 Opinion or Order Filing 848 FINAL MEDIATION REPORT by John M. Barkett. Disposition: Case did not settle.(Barkett, John)
August 10, 2015 Opinion or Order Filing 847 REPLY to Response to Motion re #839 Plaintiff's MOTION to Compel RECONVENED DEPOSITION OF JAMES C. MULLEN filed by Procaps S.A.. (Carlos, Natalie)
August 10, 2015 Opinion or Order Filing 846 MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 8/10/2015: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (nc).
August 10, 2015 Opinion or Order Filing 845 RESPONSE in Support re #807 Defendant's MOTION to Strike the Expert Report of David Heyens, #808 Defendant's MOTION to Strike Expert Report of W. James Lloyd filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert)
August 7, 2015 Opinion or Order Filing 844 RESPONSE in Opposition re #839 Plaintiff's MOTION to Compel RECONVENED DEPOSITION OF JAMES C. MULLEN filed by Patheon Inc.. Replies due by 8/17/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
August 3, 2015 Opinion or Order Filing 843 ORDER granting #842 Motion for Extension of Time to File Response to Motion re #839 Plaintiff's Motion to Compel Reconvened Deposition of James Mullen. Patheon's Response shall now be due by 8/7/2015 at 12:00 PM, and Procaps' Reply shall be due by 8/10/2015. Signed by Magistrate Judge Jonathan Goodman on 8/3/2015. (tr00)
August 3, 2015 Opinion or Order Filing 842 MOTION for Extension of Time to File Response/Reply/Answer to Procaps Motion to Compel Reconvened Deposition of James C. Mullen by Patheon Inc.. (Brochin, Robert)
August 3, 2015 Opinion or Order Filing 841 ENDORSED ORDER re #839 Plaintiff's Motion to Compel Reconvened Deposition of James Mullen. Patheon shall, by 8/5/2015, file a response of no more than five double-spaced pages, excluding signature block and certificate of service. Procaps shall, by 8/6/2015, file a reply of no more than three double-spaced pages, excluding signature block and certificate of service. In its response, Patheon shall specifically identify the precise parties who designated as "confidential" every exhibit which Procaps attempted to use at the recent Mullen deposition. In addition, Patheon shall specify Mullen's former and current positions for the past 4 years for each entity which applied the "confidential" designations to the exhibits. Patheon shall also explain, on an exhibit-by-exhibit basis, whether Mullen prepared, reviewed, publicly discussed, privately discussed or had access to each confidential exhibit used -- or attempted to be used -- at his recent deposition. Finally, if Mullen truly does not know the identify of Patheon's current CEO, then Patheon shall provide a list of employees or agents who would have this seemingly basic information readily available. The Court understands that the briefing schedule is tight, but the Undersigned is under the impression that the mediation is scheduled for August 7, 2015. Signed by Magistrate Judge Jonathan Goodman on 8/3/2015. (tr00)
August 3, 2015 Opinion or Order Filing 840 ENDORSED ORDER granting #838 Procaps' Agreed Motion for Extension of Time to Depose Patheon's Expert. Procaps shall have until 8/13/2015 to depose Patheon's expert, Robert Yerman. Signed by Magistrate Judge Jonathan Goodman on 8/3/2015. (tr00)
August 3, 2015 Opinion or Order Filing 839 Plaintiff's MOTION to Compel RECONVENED DEPOSITION OF JAMES C. MULLEN by Procaps S.A.. Responses due by 8/20/2015 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Carlos, Natalie)
August 3, 2015 Opinion or Order Filing 838 MOTION for Extension of Time to Take the Deposition of Robert Yerman by Procaps S.A.. Responses due by 8/20/2015 (Rosenthal, Alan)
July 31, 2015 Opinion or Order Filing 837 ENDORSED ORDER settling #824 Patheon's Motion to Amend/Correct the Stipulated Protective Order. Sherbet, Conner, Minski and Franco may review (and/or continue to review) information designated as "confidential" under the stipulated protective order. The parties may, of course, consent to review of "confidential" information by additional persons who are technically not employees of a specific party to this lawsuit. Signed by Magistrate Judge Jonathan Goodman on 7/31/2015. (JG)
July 31, 2015 Opinion or Order Filing 836 RESPONSE in Support re #824 Defendant's MOTION to Amend/Correct Protective Order filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert)
July 30, 2015 Opinion or Order Filing 835 RESPONSE to Motion re #824 Defendant's MOTION to Amend/Correct Protective Order (CORRECTED) filed by Procaps S.A.. Replies due by 8/10/2015. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Carlos, Natalie)
July 30, 2015 Opinion or Order Filing 834 RESPONSE to #824 Defendant's MOTION to Amend/Correct Protective Order by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Carlos, Natalie) Modified title text on 7/31/2015 (asl).
July 30, 2015 Opinion or Order Filing 833 ENDORSED ORDER denying #832 Plaintiff's Motion for Extension of Time. Plaintiff shall file its response by 5:00 pm today and Patheon shall file its reply by midnight, July 31. The Court will issue an order on the underlying motion over the weekend. Signed by Magistrate Judge Jonathan Goodman on 7/30/2015. (JG)
July 29, 2015 Opinion or Order Filing 832 Plaintiff's MOTION for Extension of Time to Response to Defendant's Motion to Amend Protective Order re 827 Endorsed Order, Set/Reset Motion/R&R Deadlines and Hearings,,,,,,,, #824 Defendant's MOTION to Amend/Correct Protective Order by Procaps S.A.. Responses due by 8/17/2015 (Carlos, Natalie)
July 28, 2015 Opinion or Order Filing 831 RESPONSE to Motion re #807 Defendant's MOTION to Strike the Expert Report of David Heyens, #808 Defendant's MOTION to Strike Expert Report of W. James Lloyd filed by Procaps S.A.. Replies due by 8/7/2015. (Attachments: #1 Exhibit A - Heyens Dep. Excerpts, #2 Exhibit B - Lloyd Dep. Excerpts, #3 Exhibit C - Patheon's 30(b)(6) Deposition Notice)(Coutroulis, Chris)
July 28, 2015 Opinion or Order Filing 830 ENDORSED ORDER striking Patheon's #829 Emergency Motion for Order to Show Cause for failure to comply with Local Rule 7.1(e)'s requirement that emergency motions "set forth in detail the necessity for such expedited procedure and be accompanied by the form available on the courts website." The form, entitled "Certification of Emergency," requires the attorney filing the emergency motion to certify that he or she has "carefully examined this matter and it is a true emergency." The required form also mandates that the attorney certify that he or she has "made a bona fide effort to resolve this matter without the necessity of emergency action." Patheon's counsel did not use the required form, and therefore, the motion is hereby stricken. Signed by Magistrate Judge Jonathan Goodman on 7/28/2015. (tr00)
July 28, 2015 Opinion or Order Filing 829 Defendant's MOTION for Order to Show Cause (Emergency) by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert)
July 28, 2015 Opinion or Order Filing 828 NOTICE of Attorney Appearance by David Lanier Luck on behalf of Procaps S.A.. Attorney David Lanier Luck added to party Procaps S.A.(pty:pla). (Luck, David)
July 27, 2015 Opinion or Order Filing 827 ENDORSED ORDER re #824 Defendant's Motion to Amend/Correct Protective Order. Procaps shall, by 7/29/2015, file a response of no more than 5 double-spaced pages, excluding signature block and certificate of service. Patheon shall, by 12:00 PM on 7/31/2015, file a reply of no more than 3 double-spaced pages, excluding signature block and certificate of service. Procaps' response shall address the issues arising from Conner's attendance at depositions even though he is not a Patheon employee and similar issues flowing for Minski's and Franco's attendance at depositions involving confidential information and review of confidential information even though they, too, are not technically employees. Also, the response and reply should discuss the Court's observation that it appears as though BOTH parties have repeatedly violated the stipulated protective order (and that BOTH parties have known that the other party has violated the protective order) by permitting non-employees to review confidential information. Signed by Magistrate Judge Jonathan Goodman on 7/27/2015. (tr00)
July 27, 2015 Opinion or Order Filing 826 NOTICE by Patheon Inc. re #824 Defendant's MOTION to Amend/Correct Protective Order of Filing Exhibit 5 (Attachments: #1 Exhibit 5) (Brochin, Robert)
July 27, 2015 Opinion or Order Filing 825 NOTICE by Patheon Inc. re #823 Notice (Other) of Filing Exhibit 2 (Attachments: #1 Exhibit 2) (Brochin, Robert)
July 27, 2015 Opinion or Order Filing 824 Defendant's MOTION to Amend/Correct Protective Order by Patheon Inc.. Responses due by 8/13/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Brochin, Robert)
July 24, 2015 Opinion or Order Filing 823 NOTICE by Patheon Inc. re 778 Order,,,,, (DEFENDANT'S PROPOSED RULE OF REASON STRUCTURE) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Brochin, Robert)
July 24, 2015 Opinion or Order Filing 822 MOTION for application of Rule of Reason re 778 Order,,,,, by Procaps S.A.. (Attachments: #1 Exhibit Rule of Reason Meet and Confer Chart)(Coutroulis, Chris)
July 23, 2015 Opinion or Order Filing 821 TRANSCRIPT of Motion Hearing held on 07/21/15 before Magistrate Judge Jonathan Goodman, 1-92 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2015. Redacted Transcript Deadline set for 8/27/2015. Release of Transcript Restriction set for 10/26/2015. (pdz)
July 22, 2015 Opinion or Order Filing 820 ORDER on #800 Patheon's Motion to Compel Production of Documents on Procaps' Privilege Log. Signed by Magistrate Judge Jonathan Goodman on 7/22/2015. (tr00)
July 20, 2015 Opinion or Order Filing 819 ENDORSED ORDER granting Patheon's #811 Motion to Seal pursuant to the #86 Stipulated Confidentiality Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 7/20/2015. (tr00)
July 20, 2015 Opinion or Order Filing 818 ORDER granting Patheon's #804 Motion to Compel Re-Review and Re-Designation of "Highly Confidential" Documents. Signed by Magistrate Judge Jonathan Goodman on 7/20/2015. (tr00)
July 20, 2015 Opinion or Order Filing 817 CLERK'S NOTICE of Compliance pursuant to 814 Endorsed Order (nc)
July 18, 2015 Opinion or Order Filing 816 REPLY in Support re #800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert) Modified title text on 7/20/2015 (asl).
July 18, 2015 Opinion or Order Filing 815 REPLY in Support re #804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brochin, Robert) Modified title text on 7/20/2015 (asl).
July 17, 2015 Opinion or Order Filing 814 ENDORSED ORDER granting #810 Motion to Seal pursuant to Local Rule 5.4 and the #86 Stipulated Confidentiality Order. However, this is not in any way a substantive ruling on whether all, some or none of the exhibits were properly designated as "highly confidential" by Procaps. Signed by Magistrate Judge Jonathan Goodman on 7/17/2015. (tr00)
July 16, 2015 Opinion or Order Filing 813 RESPONSE in Opposition re #804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Procaps S.A.. Replies due by 7/27/2015. (Attachments: #1 Exhibit Email communication, #2 Exhibit Declaration)(Rosenthal, Alan)
July 15, 2015 Opinion or Order Filing 812 MEMORANDUM in Opposition re #800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log filed by Procaps S.A.. Replies due by 7/27/2015. (Rosenthal, Alan) Modified title text on 7/16/2015 (asl).
July 15, 2015 Opinion or Order Filing 811 MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 7/15/2015: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit A, #5 Exhibit B) (nc).
July 15, 2015 Opinion or Order Filing 809 ENDORSED ORDER re #807 Defendant's MOTION to Strike the Expert Report of David Heyens filed by Patheon Inc., #808 Defendant's MOTION to Strike Expert Report of W. James Lloyd filed by Patheon Inc. Procaps shall file a response (or responses) to these two motions by July 28, 2015. Procaps may either file a separate double-spaced 5-page response to each motion (excluding signature block and certificate of service) or one omnibus memorandum of 10 pages. Patheon shall file a reply (or reponses) by August 10, 2015. Patheon may file separate 3-page replies or an omnibus 6-page reply.Assuming, for the sake of hypothetical discussion only, that Patheon's motions have sufficient merit to raise colorable arguments, the parties shall (in their responses and replies) address the logic and feasibility of striking portions of the experts' reports, rather than the entire report. Signed by Magistrate Judge Jonathan Goodman on 7/15/2015. (JG)
July 14, 2015 Opinion or Order Filing 810 MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 7/15/2015: #1 Exhibit 2, #2 Exhibit 2 cont'd, #3 Exhibit 2 cont'd, #4 Exhibit 3) (nc).
July 14, 2015 Opinion or Order Filing 808 Defendant's MOTION to Strike Expert Report of W. James Lloyd by Patheon Inc.. Responses due by 7/31/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Brochin, Robert)
July 14, 2015 Opinion or Order Filing 807 Defendant's MOTION to Strike the Expert Report of David Heyens by Patheon Inc.. Responses due by 7/31/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brochin, Robert)
July 14, 2015 Opinion or Order Filing 806 SUPPLEMENTAL ENDORSED ORDER re #804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Patheon Inc. In its response (for Procaps) and reply (for Patheon) to Patheon's motion to compel re-review and re-designation of documents marked highly confidential [ECF No. 804], the parties shall each provide notice (in the form of an affidavit or declaration) of the amount of attorney's fees it incurred in the dispute over Patheon's claim that Procaps has impermissibly (and indiscriminately and in bad faith) over-designated approximately 95% of its forensically-produced documents as "highly confidential," which precludes Patheon from seeing them. The notice shall list the number of hours on a per-attorney basis and should use the hourly fees previously approved by the Court for a fees award in this case for the dollar calculation. The notice shall be an up-to-date report and should include all time incurred in the dispute up through the filing of the response (or reply) and the notice itself (which should be simultaneously filed as an exhibit). The notice shall also include, in a separate section, similar fees information concerning Patheon's claim that Procaps impermissibly designated as highly confidential its revised supplemental interrogatory answers and its damages expert's report. Signed by Magistrate Judge Jonathan Goodman on 7/14/2015. (JG)
July 13, 2015 Opinion or Order Filing 805 ENDORSED ORDER re #804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Patheon Inc. Procaps shall file a double-spaced response of no more than 5 pages by July 16, 2015 and Patheon shall file a reply of no more than 3 pages by July 19, 2105. The Court understands and appreciates that July 19 is a Sunday, but that is the due date for the reply. Signed by Magistrate Judge Jonathan Goodman on 7/13/2015. (JG)
July 13, 2015 Opinion or Order Filing 804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential by Patheon Inc.. Responses due by 7/30/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Brochin, Robert)
July 13, 2015 Opinion or Order Filing 803 ENDORSED ORDER denying as moot #793 Procaps' Motion to Compel Disclosure Schedule Relied Upon By Patheon in Opposition to Procaps' Motion to Join DPX Holdings B.V. Patheon has already produced the schedule. Signed by Magistrate Judge Jonathan Goodman on 7/13/2015. (JG)
July 13, 2015 Opinion or Order Filing 802 RESPONSE in Opposition re #793 Plaintiff's MOTION to Compel DISCLOSURE SCHEDULE RELIED UPON BY PATHEON IN OPPOSITION TO PROCAPS MOTION TO JOIN DPX HOLDINGS B.V. filed by Patheon Inc.. Replies due by 7/23/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert)
July 13, 2015 Opinion or Order Set/Reset Deadlines as to #800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log . Responses due by 7/15/2015. Replies due by 7/20/2015. Motion Hearing set for 7/21/2015 at 10:15 AM in the Miami Division before Magistrate Judge Jonathan Goodman. (tr00)
July 11, 2015 Opinion or Order Filing 801 ENDORSED ORDER re #800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log filed by Patheon Inc. Procaps shall file a double-spaced response of no more than 5 pages, excluding signature block and certificate of service, by July 15, 2015. Patheon shall file a reply, of up to 3 pages, by July 20, 2015. The Court will hold an in-person hearing on July 21, 2015 at 10:15 a.m. Although counsel may listen in by telephone by phoning the conference call number used by chambers, each side must have at least one attorney present in court to argue the motion. Given the upcoming depositions in the first week of August, the hearing will not be rescheduled absent compelling circumstances bordering on a genuine emergency. And given the number of attorneys involved in this case for both sides, it would be surprising indeed if all available attorneys were collectively and fortuitously unable to appear on July 21.Notwithstanding the anticipated briefing and the upcoming hearing, the parties are encouraged to continue to attempt to resolve the dispute, even if only to whittle down the scope of the dispute.Because Patheon contends that Procaps' privilege log should also list the names of all companies where persons listed on the log work, the parties shall cite to cases which address this position and shall explain whether this position is required, optional, or discretionary. In addition, the parties shall advise the Court whether Patheon's privilege log always listed the name of the employer company for all persons listed on its privilege log. Signed by Magistrate Judge Jonathan Goodman on 7/11/2015. (JG)
July 10, 2015 Opinion or Order Filing 800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log by Patheon Inc.. Responses due by 7/27/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brochin, Robert)
July 9, 2015 Opinion or Order Filing 799 ENDORSED ORDER granting Patheon's #798 Motion to Seal pursuant to Local Rule 5.4 and the #86 Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 7/9/2015. (tr00)
July 9, 2015 Opinion or Order Filing 798 MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 7/9/2015: #1 Exhibit, #2 Exhibit cont'd) (nc).
July 9, 2015 Opinion or Order Filing 797 NOTICE by Patheon Inc. of Filing Disclosure Schedule (Attachments: #1 Exhibit 1) (Brochin, Robert)
July 9, 2015 Opinion or Order Filing 796 ENDORSED ORDER granting #795 Procaps' Motion for Clarification. The Undersigned grants the motion because (1) yes, the earlier order [ECF No. 782] did not, and does not, affect expert-related deadlines, and (2) yes, Dr. Baker's deposition can be taken on August 13, 2105, one day after the expert witness deposition deadline. The Court notes that the motion is unopposed and, for all practical purposes, is an agreed motion. Miracles can happen. Signed by Magistrate Judge Jonathan Goodman on 7/9/2015. (JG)
July 8, 2015 Opinion or Order Filing 795 Plaintiff's MOTION for clarification 782 Order,,,,,, and Slightly Modify Expert Witness Deposition Deadline by Procaps S.A.. Responses due by 7/27/2015 (Carlos, Natalie)
July 8, 2015 Opinion or Order Filing 794 ENDORSED ORDER re #793 Plaintiff's MOTION to Compel DISCLOSURE SCHEDULE RELIED UPON BY PATHEON IN OPPOSITION TO PROCAPS MOTION TO JOIN DPX HOLDINGS B.V. filed by Procaps S.A. Patheon shall by July 13, 2015 file a double-spaced response of no more than 5 pages, excluding signature block and certificate of service. The Court will determine whether a reply is permissible after reviewing the response.One other point:In its motion, Procaps asks for an attorney's fees award. As the parties well know by now, the Undersigned follows the presumption (created by Fed. R. Civ. Pro. 37) that fees arising from a discovery dispute should be awarded to the prevailing party absent one or more of the limited exceptions. Moreover, the parties (and their counsel) also know that the fees awards are frequently entered against the attorneys themselves, and that bad faith is not required.Therefore, at the risk of stating the obvious, it seems likely that a significant fees award is once again more than a mere possibility. The Undersigned is not suggesting or implying which party or attorney (or attorneys)is likely to be on the wrong side of a possible or probable fees award. The Court recognizes that a response has not yet been filed. I have reviewed the emails attached to the motion, though, so I am at least somewhat familiar with Patheon's position on Procaps' demand that the schedule be produced. Given the history here, the Undersigned is not exactly confident that the parties will be able to resolve this discovery dispute. The parties certainly have the power to not be reasonable, to not be flexible, to not provide courtesies, to not give up on any point, to fight on every issue and to seek court intervention to resolve a dispute that typically would not be submitted to the Court. So be it. The litigation chips will fall where they fall, and they may just fall (once again) into the attorney's fees pile. Or maybe some further discussions are in order. Hope springs eternal. Signed by Magistrate Judge Jonathan Goodman on 7/8/2015. (JG) Signed by Magistrate Judge Jonathan Goodman on 7/8/2015. (JG)
July 8, 2015 Opinion or Order Filing 793 Plaintiff's MOTION to Compel DISCLOSURE SCHEDULE RELIED UPON BY PATHEON IN OPPOSITION TO PROCAPS MOTION TO JOIN DPX HOLDINGS B.V. by Procaps S.A.. Responses due by 7/27/2015 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Carlos, Natalie)
July 8, 2015 Opinion or Order Filing 792 NOTICE of Attorney Appearance by Robert Wayne Pass on behalf of Procaps S.A.. Attorney Robert Wayne Pass added to party Procaps S.A.(pty:pla). (Pass, Robert)
July 8, 2015 Opinion or Order Filing 791 NOTICE of Attorney Appearance by Gary Michael Pappas on behalf of Procaps S.A.. Attorney Gary Michael Pappas added to party Procaps S.A.(pty:pla). (Pappas, Gary)
July 2, 2015 Opinion or Order Filing 790 ORDER re #787 MOTION to Expedite Motion for Protective OrderDefendant's MOTION for Protective Order filed by Patheon Inc. Patheon seeks expedited treatment and a protective order concerning a matter which should be routine and non-controversial: scheduling a deposition. But few things are easy in this case. In its motion, Patheon says the dispute "is not (emphasis by Patheon) about lawyers disliking each other. It's about unreasonableness."Yes. Well. Good to hear.Notwithstanding the claimed lack of personal animosity as a catalyst for the motion, it appears as though the parties cannot accomplish the simple task of scheduling a deposition without seeking immediate Court intervention.So I'm intervening -- reluctantly:1. As noted in the order permitting this limited-purpose, limited-duration deposition, Procaps can either select the deponent or issue a Rule 30(b)(6) notice, in which case Patheon will select the designee.2. Patheon may well be correct that Jim Mullen may not be the wisest choice to provide deposition testimony about the narrow scope of permissible topics, but (assuming that Patheon's perception is accurate) Procaps is free to strategically blunder and make a poor deponent-selection decision. If the Mullen deposition goes forward and Mullen lacks sufficient information, then Procaps will not be able to take another deposition. And because this scenario is not a 30(b)(6) situation, Patheon would not be required to prepare him for his deposition. If he truthfully lacked information about certain corporate transactions, then that would be his testimony.3. Patheon contends that Jason Conner would be a better deponent, and it argues that he should be the deponent. If Procaps issues a 30(b)(6) notice, then Patheon is free to designate Conner (or anyone else, for that matter). If Procaps insists on taking Mullen's deposition (or the deposition of another specifically pinpointed and named witness), then Patheon cannot demand that Conner be the deponent.4. Given that Mullen will be out of the country on July 8, he is simply unavailable for a July 8 deposition in Boston which Procaps tried to schedule on relatively short notice. Nothing further needs to be said about that.5. If Procaps wants to take Mullen's deposition, then the Court will extend the deposition deadline date to August 7, 2015 -- the same deposition deadline date as the Undersigned established the other day for the additional depositions specifically authorized by the Court.6. If Procaps issues a 30(b)(6) notice, then the parties will still have until August 7 to complete the deposition.7. Given the number of attorneys actively involved in this lawsuit for both sides, the individual vacation or work schedule of a particular attorney is insufficient to justify a demand to change a deposition date or to refuse to agree to a specific deposition date. By way of example, if Procaps demands to take Mullen's deposition for the Rule 25 deposition and Patheon offers him for a July 21, 2015 deposition but Mr. Rosenthal has a hearing in another case that day, then another Procaps attorney will need to take the deposition if an alternate date cannot be established.8. If the parties and their counsel are still unable to schedule and take the Rule 25 deposition by the deadline provided, then the Court will intervene yet again, on request -- and likely award significant fees against the individual attorneys responsible for the unfortunate situation. The parties are already familiar with the Court's practice concerning the presumptive award of attorney's fees under Rule 37.9. The Undersigned cannot imagine what a motion for protective order would have looked like if the dispute had been affected by "lawyers disliking each other." What a relief to the Court that the motion concerned only unreasonable positions. Signed by Magistrate Judge Jonathan Goodman on 7/2/2015. (JG) Signed by Magistrate Judge Jonathan Goodman on 7/2/2015. (JG)
July 2, 2015 Opinion or Order Filing 789 ORDER denying #788 Procaps' Motion for an immediate telephone hearing on Patheon's motion for a protective order [ECF No. 787]. Signed by Magistrate Judge Jonathan Goodman on 7/2/2015. (JG)
July 2, 2015 Opinion or Order Filing 788 Plaintiff's MOTION for Immediate Telephonic Hearing on Order [DE 776] and Patheon's Motion for Protective Order [DE 787] re #787 MOTION to Expedite Motion for Protective OrderDefendant's MOTION for Protective Order , 776 Order,,,,,,,,,,,,, by Procaps S.A.. (Carlos, Natalie)
July 2, 2015 Opinion or Order Filing 787 MOTION to Expedite Motion for Protective Order, Defendant's MOTION for Protective Order by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
July 2, 2015 Opinion or Order Filing 786 NOTICE of Compliance by Patheon Inc. re 776 Order,,,,,,,,,,,,, (Brochin, Robert)
July 1, 2015 Opinion or Order Filing 785 ORDER denying without prejudice #775 Procaps' Motion for Reconsideration Concerning Request for Additional Depositions. Signed by Magistrate Judge Jonathan Goodman on 7/1/2015. (tr00)
July 1, 2015 Opinion or Order Filing 784 RESPONSE in Opposition re #775 Plaintiff's MOTION for Reconsideration re 737 Order on Motion for Miscellaneous Relief,,,,,,,,,,,,, filed by Patheon Inc.. Replies due by 7/13/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Brochin, Robert)
June 30, 2015 Opinion or Order Filing 783 ORDER granting in part Patheon's #738 Motion to Compel Production of Documents on Plaintiff's Personal Information Log. Signed by Magistrate Judge Jonathan Goodman on 6/30/2015. (tr00)
June 30, 2015 Opinion or Order Filing 782 ORDER re #708 Order on Motion for Discovery.In the order [ECF No. 708] granting, in part, Patheon's motion [ECF No. 690] to take additional depositions, the Undersigned did not include a specific deadline by which the depositions authorized by the order needed to be completed. In a later-filed motion for leave to take additional depositions [ECF No. 724], Procaps represented that Patheon had not confirmed when the the depositions permitted by the order will be taken -- and then argued, in footnote 3 (p. 4), that the absence of a deadline means that Patheon could "delay the depositions through the trial date."That won't be happening.To be sure, the Undersigned did not include a deadline. This hardly means that the parties can continue to take depositions past the summary judgment motion deadline, past other deadlines, and up to and including the trial. So, in an effort to avoid any confusion arising from the lack of a deposition deadline, this Order will now set a deadline and make quite clear that the parties will not be taking depositions through the trial date. The parties shall complete all depositions still permitted by the Court by August 7, 2015, in order to give them sufficient time to use the testimony for any summary judgment purpose. This deadline applies to all depositions, regardless of who is taking them and regardless of whether the deponent is a party, a party's employee or a non-party to this lawsuit. Signed by Magistrate Judge Jonathan Goodman on 6/30/2015. (JG)
June 28, 2015 Opinion or Order Filing 780 TRANSCRIPT of Motion to Substitute or Join DPx held on 6-22-2015 before Magistrate Judge Jonathan Goodman, 1-110 pages, Court Reporter: Gizella Baan-Proulx, 305-523-5294 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/23/2015. Redacted Transcript Deadline set for 8/3/2015. Release of Transcript Restriction set for 10/1/2015. (gbx)
June 27, 2015 Opinion or Order Filing 779 ORDER re 776 Order authorizing Procaps to take one four-hour deposition concerning its still-pending motion to substitute or add DPx Holdings, B.V. as a party Defendant. In that order, I gave Procaps the ability to select the deponent. This order provides additional clarification.Procaps may select the deponent if it decides to name the witness who will give the deposition. However, if Procaps decides to issue a Rule 30(b)(6) notice (to Patheon, DPx, DSM or another entity) and to list the limited issues upon which it is being permitted to take the deposition as the 30(b)(6) topics, then the entity receiving the 30(b)(6) notice may, of course, select its designee (or designees). If Procaps issues a 30(b)(6) notice and the entity produces more than one designee, then the depositions of the designees will still be subject to a collective four-hour limit. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG)
June 27, 2015 Opinion or Order Filing 778 ORDER re: rule of reason analysis to be used at trial. In the order on cross-motions for summary judgment [ECF No. 565], the Undersigned advised that the Court would later issue a more-specific order on the methodology to be used at trial for the precise structure of the Rule of Reason analysis. Before simply issuing an order to fill in these important details, the Undersigned believes it prudent to first ask the parties for their suggestions.Although the parties here have agreed on preciousl little during the past two and a half years of full-strength litigation, it is not completely irrational to think that the parties might actually be able to reach a consensus on this. Therefore, the parties shall confer in an attempt to jointly recommend an agreed methodology. If such an agreement is reached, then the parties shall jointly file their suggested protocol. If an agreement cannot be reached, then the parties shall each file their own recommended structure. The submissions (either joint or individual) must be filed by July 24, 2015. If separate filings are submitted, then each submission should note the points of agreement and the points of disagreement. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG)
June 27, 2015 Opinion or Order Filing 777 ORDER re #775 Plaintiff's MOTION for Reconsideration re 737 Order on Motion for Miscellaneous Relief, filed by Procaps S.A. Patheon shall file a double-spaced response of no more than 5 pages (excluding signature block and certificate of service) to Procaps' motion for reconsideration by July 1, 2015. No reply or further briefing is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG)
June 27, 2015 Opinion or Order Filing 776 ORDER re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Procaps S.A..At the June 22, 2015 hearing, Procaps made an ore tenus request to take one deposition in connection with this pending motion.Patheon contends that DPx Holdings, B.V. did not assume its liabilities, did not merge with it and is not the "Newco" referenced in certain corporate transaction documents. It also says that documents filed with regulators in both the United States and Canada confirm this. On the other hand, Procaps emphasizes other documents which seem to contradict this scenario, such as press releases and internal memos or slides. Patheon acknowledges that these documents exist, but it argues that they contain mistakes and that the Court should ignore them because the actual documents which created the transactions and the official filings are what control.Given the inconsistencies between Patheon's position (articulated in memoranda opposing Procaps' motion to substitute or join DPx as a defendant), the Undersigned concludes that one time-limited deposition might be helpful (but would not generate significant hardship to Patheon). Therefore, Procaps may take one four-hour deposition of a witness of its choosing, including a DPx director, officer or executive, to probe the limited issues arising from the less-than-clear record: whether there was a merger, whether DPx assumed liabilities, whether DPx issued any type of indemnification, whether any other entity assumed Patheon's liabilities (and, if so, in what amounts and at what levels) or issued any indemnity, the identity of "Newco," whether Patheon is a direct or indirect wholly-owned subsidiary of DPx (and, if it is indirectly owned, the names of the other entities in the ownership chain), why some of Patheon's documents identify DPx as "Newco," whether any prior deposition testimony on these issues was incorrect or is no longer valid, and the cross-designation of executives between DPx and Patheon and whether DPx and Patheon have any type of employee-sharing arrangement (and, if so, the details).Procaps may select a DPx officer, director, executive or employee for this deposition, but the choice will be Procaps' to make. The deposition will take place on or before July 14, 2015.In addition, Patheon shall advise the court in a written notice filed by July 2, 2015 when DSM is expected to complete the production of documents and ESI in connection with the subpoena issued in New Jersey (and the district court's rulings). Given the relationshp between Patheon and DSM (and the fact that Patheon's counsel attended discovery hearings involving enforcement of the subpoena served on DSM), the Court is expecting a substantively meaningful status report. A report saying "We don't know; go ask DSM," will likely not be deemed substantively meaningful. At the risk of stating the obvious, the one deposition which is being permitted here will be more significant if DSM fully produces all documents it is obligated to turn over before the deposition. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG)
June 26, 2015 Opinion or Order Filing 775 Plaintiff's MOTION for Reconsideration re 737 Order on Motion for Miscellaneous Relief,,,,,,,,,,,,, by Procaps S.A.. (Carlos, Natalie)
June 26, 2015 Opinion or Order Filing 774 Notice of Supplemental Authority re #768 Order by Patheon Inc. (Brochin, Robert)
June 26, 2015 Opinion or Order Filing 773 NOTICE of Compliance Regarding Cases Supporting Discovery by Procaps S.A. re #768 Order (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Carlos, Natalie)
June 25, 2015 Opinion or Order Filing 772 ENDORSED ORDER granting #770 Patheon's Motion to Seal pursuant to the #86 Protective Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 6/25/2015. (tr00)
June 25, 2015 Opinion or Order Filing 771 NOTICE of Compliance by Procaps S.A. re #768 Order (Attachments: #1 Exhibit Agroskin Deposition Excerpt, #2 Exhibit Agroskin Deposition Exhibit, #3 Exhibit Mullen Deposition Excerpt) (Carlos, Natalie)
June 25, 2015 Opinion or Order Filing 770 MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 6/25/2015: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (nc).
June 24, 2015 Opinion or Order Filing 769 NOTICE of Compliance by Patheon Inc. (Brochin, Robert)
June 24, 2015 Opinion or Order Filing 768 POST HEARING ADMINISTRATIVE ORDER re June 22, 2015 Hearing. Signed by Magistrate Judge Jonathan Goodman on 6/24/2015. (tr00)
June 24, 2015 Opinion or Order Filing 767 ENDORSED ORDER granting #766 Patheon's Motion to Seal pursuant to the #86 protective order and Local Rule 5.4. Further, Patheon shall, by end of business today, hand deliver a courtesy copy of the disc to Chambers. Signed by Magistrate Judge Jonathan Goodman on 6/24/2015. (tr00)
June 22, 2015 Opinion or Order Filing 781 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 6/22/2015 re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Procaps S.A. (Digital 17:07:14.) (mso)
June 19, 2015 Opinion or Order Filing 766 MOTION to File Under Seal by Patheon Inc. (Attachments: #1 Supplemental Attachment(s) for CD)(nc)
June 19, 2015 Opinion or Order Filing 765 RESPONSE to Motion re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join /Sur-Reply filed by Patheon Inc.. Replies due by 6/29/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brochin, Robert)
June 19, 2015 Opinion or Order Filing 764 ENDORSED ORDER granting in part #760 Patheon's Motion to strike or in the alternative file a sur-reply. Specifically, the motion to strike portions of Procaps' reply is denied, but Patheon's request to file a sur-reply is granted. The sur-reply must be limited to two double-spaced pages (excluding signature block and certificate of service), must be limited to the argument that DPx Holdings B.V. purportedly agreed to assume all of Patheon's liabilities, and must be filed separately today, 6/19/2015.No further briefing concerning the #726 motion to substitute or join DPx Holdings B.V., including motions to submit more memoranda, is permitted. If Procaps has any additional exhibits it intends to rely upon at the hearing, then those must be filed by today. The Court will not at the hearing (or in any other way connected with Procaps' motion to substitute party or join DPx as a party, ECF No. 726) consider any motions, memoranda, documents, exhibits, arguments, points, themes, positions, contentions or other persuasion-oriented materials which have not been filed by today. Signed by Magistrate Judge Jonathan Goodman on 6/19/2015. (tr00)
June 19, 2015 Opinion or Order Filing 763 REPLY in Support re #738 Defendant's MOTION to Compel Production of Documents on Plaintiff's Personal Information Log and MOTION to Expedite Briefing and Ruling filed by Patheon Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert) Modified title text on 6/19/2015 (asl).
June 19, 2015 Opinion or Order Filing 762 Clerks Notice to Filer re #760 MOTION to Strike Portions of Reply, or in the Alternative, Motion for Leave to File Sur-Reply. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (asl)
June 19, 2015 Opinion or Order Filing 761 NOTICE by Patheon Inc. of Filing Documents that it Intends to Rely on at June 22, 2015 Hearing (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Brochin, Robert)
June 19, 2015 Opinion or Order Filing 760 MOTION to Strike Portions of Reply by Patheon Inc.. Responses due by 7/9/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brochin, Robert). Added MOTION for Leave to File on 6/19/2015 (asl).
June 18, 2015 Opinion or Order Filing 759 ENDORSED ORDER re #745 Patheon's Motion to Seal. Having reviewed the requested memorandum from Procaps [ECF No. #754 ] concerning the #745 Motion to Seal, the Undersigned ORDERS that Exhibit 1 to ECF No. #745 (a/k/a Exhibit 6 to ECF No. #744 ) be filed under seal. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00)
June 18, 2015 Opinion or Order Filing 758 ENDORSED ORDER granting #749 Procaps' Motion to Seal pursuant to the #86 Protective Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00)
June 18, 2015 Opinion or Order Filing 757 ENDORSED ORDER granting #739 Patheon's Motion to Seal pursuant to the #86 Protective Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00)
June 18, 2015 Opinion or Order Filing 756 ENDORSED ORDER granting #755 Unopposed Motion to Withdraw as Attorney. Attorney Mac Richard McCoy is terminated from this case. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00)
June 18, 2015 Opinion or Order Filing 755 Unopposed MOTION to Withdraw as Attorney for Plaintiff by Mac R. McCoy. by Procaps S.A.. Responses due by 7/6/2015 (Attachments: #1 Text of Proposed Order)(McCoy, Mac)
June 18, 2015 Opinion or Order Filing 754 MEMORANDUM in Support re 746 Order on Motion to Seal,,, Procaps' Memorandum in Support of Filing Exhibit 6 of the Setec Deposition in Redacted Form by Procaps S.A.. (Rosenthal, Alan)
June 17, 2015 Opinion or Order Filing 753 ENDORSED ORDER granting #751 Patheon's Motion to allow non-participating attorneys to access next week's in-person hearing by phone. Counsel shall phone in to the chambers conference call number with the protocol previously provided. Signed by Magistrate Judge Jonathan Goodman on 6/17/2015. (JG)
June 17, 2015 Opinion or Order Filing 752 RESPONSE in Opposition re #738 Defendant's MOTION to Compel Production of Documents on Plaintiff's Personal Information Log and MOTION to Expedite Briefing and Ruling filed by Procaps S.A.. Replies due by 6/29/2015. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Carlos, Natalie)
June 17, 2015 Opinion or Order Filing 751 Defendant's MOTION to Allow Non-Participant Lawyers to Attend the June 22, 2015 Hearing by Telephone by Patheon Inc.. (Brochin, Robert)
June 17, 2015 Opinion or Order Filing 750 ENDORSED ORDER setting an in person hearing re #726 Plaintiff's Motion to Substitute Party or to Join DPx Holdings B.V. as a Defendant for 6/22/2015 at 05:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Given the number of attorneys actively involved in this case for all parties, the Court will not reschedule the hearing on grounds of a scheduling conflict absent extremely compelling circumstances bordering on a genuine emergency. Signed by Magistrate Judge Jonathan Goodman on 6/17/2015. (tr00)
June 16, 2015 Opinion or Order Filing 749 MOTION to Seal Documents on Procaps' Personal Information Log for In Camera Review by The Court by Procaps S.A. (Attachments: #1 Supplemental Attachment(s) for Sealed CD)(nc)
June 16, 2015 Opinion or Order Filing 748 NOTICE by Procaps S.A. re 742 Order,,,, OF FILING DOCUMENTS ON PROCAPS PERSONAL INFORMATION LOG UNDER SEAL PURSUANT TO ENDORSED ORDER [DE 742] (Rosenthal, Alan)
June 16, 2015 Opinion or Order Filing 747 REPLY in Support re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Procaps S.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Carlos, Natalie) Modified title text on 6/17/2015 (asl).
June 16, 2015 Opinion or Order Filing 746 ENDORSED ORDER granting in part and denying in part #745 Patheon's Motion to Seal. Exhibit 1 (a/k/a Exhibit 6 to ECF No. 744) does not appear to contain anything so confidential that it justifies an under-seal filing, especially one which the Court may consider in connection with pending motions. If Procaps wants Exhibit 1 to Patheon's motion to be filed under seal, then it must demonstrate the need in a double-spaced memorandum not to exceed 2 pages, filed by June 18, 2015. If no memorandum is filed, or if the Undersigned is not convinced of the need to seal Exhibit 1 after reviewing the submission, then the Court will direct the Court to unseal Exhibit 1. But Exhibit 2 (a/k/a Exhibit 17 to ECF No. 744) may be filed under seal, so the motion is granted, in part, as to that exhibit. No reply permitted. Signed by Magistrate Judge Jonathan Goodman on 6/16/2015. (tr00)
June 15, 2015 Opinion or Order Filing 745 MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 6/16/2015: #1 Exhibit 6, #2 Exhibit 17) (nc).
June 15, 2015 Opinion or Order Filing 744 NOTICE by Patheon Inc. of Filing Deposition Transcript (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22) (Brochin, Robert)
June 15, 2015 Opinion or Order Filing 743 NOTICE by Patheon Inc. re Translations (Brochin, Robert)
June 14, 2015 Opinion or Order Filing 742 ENDORSED ORDER re #738 briefing on under-seal submissions concerning Defendant's MOTION to Compel Production of Documents on Plaintiff's Personal Information Log and MOTION to Expedite Briefing and Ruling filed by Patheon Inc. Plaintiff Procaps shall by June 16, 2015 filed under seal all the documents it has tried to claw back (i.e., Exhibit 4 to Patheon's motion) and all documents on the private information log listed as having been written or received by unnamed persons at NPI (i.e., on Exhibit 3 to Patheon's motion). Procaps shall also by the same deadline deliver to chambers or send to the Court's efle inbox courtesy copies of the under-seal materials.In addition, Procaps shall by June 17, 2015 file a double-spaced response of not more than 5 pages, excluding signature block and certificate of service, to Patheon's motion. Patheon may file an optional two-page reply by June 19, 2015. Signed by Magistrate Judge Jonathan Goodman on 6/14/2015. (JG)
June 12, 2015 Opinion or Order Filing 741 RESPONSE in Opposition re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Patheon Inc.. Replies due by 6/22/2015. (Attachments: #1 Exhibit 1)(Brochin, Robert)
June 12, 2015 Opinion or Order Filing 740 NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert)
June 12, 2015 Opinion or Order Filing 739 MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 6/15/2015: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 10) (nc).
June 12, 2015 Opinion or Order Filing 738 Defendant's MOTION to Compel Production of Documents on Plaintiff's Personal Information Log and ( Responses due by 6/29/2015), MOTION to Expedite Briefing and Ruling by Patheon 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)(Brochin, Robert)
June 11, 2015 Opinion or Order Filing 737 ENDORSED ORDER denying #724 Plaintiff's Motion for Leave to Take Additional Depositions. The Court previously permitted Procaps to, in large part, change its theory of this antitrust case (from a per se claim to a rule of reason theory). In doing so, the Undersigned expressly noted that I would take steps to prevent Defendant Patheon from being unduly prejudiced. To accomplish this, the Undersigned prevented Procaps from taking additional discovery unless it demonstrated "extremely compelling circumstances."Procaps' motion does not satisfy the standard.The mere fact that newly-produced documents contain the word "Procaps" is not necessarily significant, and Procaps has not established reasons why the new documents create a compelling circumstance justifying additional depositions, let alone extremely compelling circumstances.To be sure, the Undersigned recently provided Patheon with the ability to take a limited number of additional depositions (but less than it requested). But this type of leeway does not necessarily require a tit-for-tat approach. Procaps is largely responsible for its situation. As Patheon explains (and as Procaps must surely acknowledge, at least privately), Procaps is fortunate that the Court adopted a flexible approach and permitted it to pursue a theory it disavowed, for all practical purposes. That flexibility meant that Patheon was saddled with a scenario where it agreed to forego discovery. The Undersigned has tried to ameliorate the prejudice by permitting Patheon to take rule of reason discovery, including additional depositions. But permitting Procaps to take additional depositions at this point, without the requisite showing, would tilt the scales back toward prejudice, and the Undersigned is unwilling to do that, especially now, a few months before the already-delayed trial is scheduled to begin. The Court denies the motion. However, the Undersigned understands that a third party, DSM, produced the documents only recently, after extended motion practice in New Jersey federal court, and that Procaps may want to use some or all the documents at trial or for other purposes, such as summary judgment litigation. To the extent that Procaps needs the documents to be properly authenticated, it may take a records custodian deposition from DSM (and/or Patheon, if it involves documents from Patheon's "data room") to establish the necessary evidentiary foundation for the documents it might seek to use. If there is a need for such a limited-purpose deposition (or depositions), then Procaps may take a deposition (or depositions) but may not ask substantive questions about the documents. Instead, it may ask only questions designed to address the business records exception to the hearsay rule and the authenticity issue. Alternatively, DSM and/or Patheon can obviate the need for this narrow deposition by providing an affidavit (or affidavits) from an appropriate records custodian (i.e., the affidavit[s] would eliminate the need for Procaps to establish that the documents are authentic copies of business records -- but Procaps would still need to demonstrate relevancy and other Federal Rule of Evidence 403 concerns). Signed by Magistrate Judge Jonathan Goodman on 6/11/2015. (JG)
June 11, 2015 Opinion or Order Filing 736 STATUS REPORT Informal Status Report No. 10 by John M. Barkett (Barkett, John)
June 5, 2015 Opinion or Order Filing 735 NOTICE by Procaps S.A. re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join of Serving DPx Holdings B.V. (Attachments: #1 Exhibit) (Carlos, Natalie)
June 5, 2015 Opinion or Order Filing 734 ENDORSED ORDER granting in part and denying in part #732 Defendant Patheon's Motion for Extension of Time to File a Response to Plaintiff Procaps' motion to substitute party or to join DPx Holdings B.V. as a Defendant. The Court will grant a modest extension, but not as long as requested. Patheon shall file its response by June 12, 2015, and Procaps, assuming it files an optional reply (a virtual certainty, given the history of this litigation), must file the reply by June 16, 2015.By granting, in part, Patheon's motion, the Undersigned is not ruling that DPx in fact has a substantive right to file a response (and presumably object) to the motion. If DPx intends to file a substantive response to the motion, then it must file a motion seeking leave to intervene and to file a response. To be sure, DPx would have the right to file substantive responses (such as a motion to dismiss, motion to quash, etc.) if the Court were to grant the motion and permit DPx to be added as a named defendant (or substituted for Patheon). But that is quite different than an objection to being substituted into a case or being added to a case before the actual substitution or addition occurs (if at all). The Court has not granted the motion (or otherwise ruled on it) and DPx is not yet a party (and may never be a party).Having the right to be served and to receive notice of Procaps' motion is not necessarily and automaticallly the same as having the right to substantively object to a motion for substitution or for the addition of parties. The case Patheon cited does stand for the proposition that a party has the right to notice and an opportunity to be heard before being deprived of a property interest, but the possiblility of being substituted into a case as a party defendant may not equate to a deprivation of property. Although the scenario is not precisely identical, does a defendant have a right to be heard before being sued? In any event, the Undersigned has not reached any conclusions either way about whether DPx may now object to the proposed substitution or addition after receiving notice, but I wanted to flag the issue so that no party (or putative party) misconstrued the extension of time as some sort of ruling or implicit evidence of a ruling on that issue. Signed by Magistrate Judge Jonathan Goodman on 6/5/2015. (JG)
June 5, 2015 Opinion or Order Filing 733 ENDORSED ORDER denying #728 Procaps' Motion to Seal. The documents do not appear, by the brief descriptions provided, to be privileged. Because the parties are now asking me to make a substantive ruling (i.e., whether to substitute or add a party) based, in part, on these documents, the public may have an interest in the documents. The documents are no longer being shared purely in discovery; they are now being filed with the Court. Procaps filed the motion because DSM/DPP has designated them as confidential. If DSM/DPP want the documents to be filed under seal, then they must demonstrate the reasons to me. They will have until June 10, 2015 to submit a memorandum on this issue. Otherwise, if they do not file anything or if their presentation is not convincing, then I will allow the documents to be publicly filed (i.e., not under seal). Signed by Magistrate Judge Jonathan Goodman on 6/5/2015. (tr00)
June 5, 2015 Opinion or Order Filing 732 MOTION for Extension of Time to File Response/Reply/Answer as to #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join by Patheon Inc.. (Attachments: #1 Exhibit 1)(Brochin, Robert)
June 4, 2015 Opinion or Order Filing 731 ORDER denying #715 Patheon's Motion to Cancel Mediation. Signed by Magistrate Judge Jonathan Goodman on 6/4/2015. (tr00)
June 4, 2015 Opinion or Order Filing 730 RESPONSE in Opposition re #724 Plaintiff's MOTION for Leave to Take Additional Depositions Based on Newly-Produced, and To-Be-Produced Patheon Data Room Documents filed by Patheon Inc.. Replies due by 6/15/2015. (Attachments: #1 Exhibit 1)(Brochin, Robert)
June 4, 2015 Opinion or Order Filing 729 ENDORSED ORDER re #726 Procaps' Motion to Substitute Party or to Join DPx Holdings B.V. as a Defendant. Patheon shall, by 6/9/2015, file a response of no more than 10 double-spaced pages, excluding signature block and certificate of service. Procaps may, by 6/12/2015, file a reply of no more than 5 double-spaced pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 6/4/2015. (tr00)
June 3, 2015 Opinion or Order Filing 728 MOTION to Seal Confidential Documents Relating to Procaps' Motion to Substitute or Join DPX Holdings, B.V. by Procaps S.A. (nc) (Additional attachment(s) added on 6/4/2015: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 16 cont'd, #8 Exhibit 17, #9 Exhibit 18, #10 Exhibit 19, #11 Exhibit 20, #12 Exhibit 21, #13 Exhibit 23) (nc).
June 3, 2015 Opinion or Order Filing 727 Clerks Notice to Filer re #726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (asl)
June 2, 2015 Opinion or Order Filing 726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant by Procaps S.A.. Responses due by 6/19/2015 (Attachments: #1 Exhibit Under seal, #2 Exhibit Under seal, #3 Exhibit Under seal, #4 Exhibit Under seal, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit Under seal, #16 Exhibit Under seal, #17 Exhibit Under seal, #18 Exhibit Under seal, #19 Exhibit Under seal, #20 Exhibit Under seal, #21 Exhibit Under seal, #22 Exhibit, #23 Exhibit Under seal)(Carlos, Natalie). Added MOTION to Adopt/Join on 6/3/2015 (asl).
June 1, 2015 Opinion or Order Filing 725 ENDORSED ORDER re #724 Procaps' Motion for Leave to Take Additional Depositions. Patheon shall, by 6/4/2015, file a response of no more than 4 double-spaced pages, excluding signature block and certificate of service. No reply permitted absent specific leave of Court. Signed by Magistrate Judge Jonathan Goodman on 6/1/2015. (tr00)
June 1, 2015 Opinion or Order Filing 724 Plaintiff's MOTION for Leave to Take Additional Depositions Based on Newly-Produced, and To-Be-Produced Patheon Data Room Documents by Procaps S.A.. (Attachments: #1 Exhibit Plaintiff's Second Motion to Compel DSM, #2 Exhibit Order (without Bench Decision), #3 Exhibit Bench Decision, #4 Exhibit Index to Patheon Data Room Index, #5 Exhibit Email)(Carlos, Natalie)
May 29, 2015 Opinion or Order Filing 723 ENDORSED ORDER denying #721 Procaps' Motion to Strike (or for leave to file a reply). The parties are urged to go at least 48 hours without filing something further about the motion to cancel the mediation. Signed by Magistrate Judge Jonathan Goodman on 5/29/2015. (JG)
May 29, 2015 Opinion or Order Filing 722 RESPONSE in Opposition re #721 Plaintiff's MOTION to Strike #719 Response to Motion (or, in the Alternative, to File a Reply) filed by Patheon Inc.. Replies due by 6/8/2015. (Attachments: #1 Exhibit 1)(Brochin, Robert)
May 28, 2015 Opinion or Order Filing 721 Plaintiff's MOTION to Strike #719 Response to Motion by Procaps S.A.. Responses due by 6/15/2015 (Carlos, Natalie)
May 28, 2015 Opinion or Order Filing 720 ENDORSED ORDER granting #718 Motion to Replace Exhibit to [ECF No. #717 ]. The Clerk's Office is instructed to strike and restrict Exhibit 1 [ECF No. 717-1] to Docket Entry #717 . To view Exhibit 1 to ECF No. #717 , all parties are directed to Exhibit 1 [ECF No. 718-1] attached to Docket Entry #718 . Signed by Magistrate Judge Jonathan Goodman on 5/28/2015. (tr00)