Blackstone Labs, LLC v. United States Of America et al
Plaintiff: Blackstone Labs, LLC
Defendant: United States Food and Drug Administration, United States Of America and Commissioner, Food and Drug Administration
Case Number: 9:2018cv81352
Filed: October 8, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: Kenneth A Marra
Nature of Suit: Forfeit/Penalty: Other
Cause of Action: 18:3114
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 5, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2018 Filing 22 Joint MOTION to Seal United States' Motion to Decline Jurisdiction or for 90-Day Extension per Local Rule 5.4 by United States Of America. (Attachments: #1 Text of Proposed Order Proposed Order to Seal) (Reader, Alistair)
December 3, 2018 Filing 21 NOTICE of Attorney Appearance by Alistair Reader on behalf of United States Of America. Attorney Alistair Reader added to party United States Of America(pty:dft). (Reader, Alistair)
December 3, 2018 Filing 20 PAPERLESS Minute Entry for proceedings held before Judge Kenneth A. Marra: Telephonic Motion Hearing held on 12/3/2018 re 16 SEALED MOTION 15 SEALED MOTION to seal, 14 SEALED MOTION 13 MOTION to Seal. Total time in court: 35 minutes. Government will file motion and Plaintiff to respond within 10 days. Attorney Appearance(s): Michael T. Davis, Benedict P. Kuehne, David Frank, Alistair F. Reader. Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. (ir)
December 1, 2018 Filing 19 NOTICE of Attorney Appearance by David Frank on behalf of Commissioner, Food and Drug Administration, United States Food and Drug Administration, United States Of America. Attorney David Frank added to party Commissioner, Food and Drug Administration(pty:dft), Attorney David Frank added to party United States Food and Drug Administration(pty:dft), Attorney David Frank added to party United States Of America(pty:dft). (Frank, David)
November 30, 2018 Filing 18 NOTICE by Blackstone Labs, LLC Response In Opposition To Governments Motion To Seal And Ex Parte Proceedings; Additional Objection To December 3, 2018 Ex Parte Hearing (Davis, Michael)
November 30, 2018 Filing 17 NOTICE of Hearing on [DE 14] SEALED MOTION [DE 16] SEALED MOTION: Ex parte Telephonic Motion Hearing with government set for 12/3/2018 10:30 AM in West Palm Beach Division before Judge Kenneth A. Marra. (ir)
November 30, 2018 SYSTEM ENTRY - Docket Entry 16 [motion] restricted/sealed until further notice. (dj)
November 30, 2018 SYSTEM ENTRY - Docket Entry 15 [motion] restricted/sealed until further notice. (dj)
November 16, 2018 SYSTEM ENTRY - Docket Entry 14 [motion] restricted/sealed until further notice. (dj)
November 15, 2018 SYSTEM ENTRY - Docket Entry 13 [motion] restricted/sealed until further notice. (dj)
October 23, 2018 Filing 12 SUMMONS (Affidavit) Returned Executed by Blackstone Labs, LLC. United States Of America served on 10/18/2018, answer due 12/17/2018. (Kuehne, Benedict)
October 11, 2018 Filing 11 Summons Issued as to Commissioner, Food and Drug Administration. (kpe)
October 10, 2018 Filing 10 NOTICE of Filing Proposed Summons(es) to Scott Gottlieb by Blackstone Labs, LLC (Davis, Michael)
October 9, 2018 Filing 9 Corrected Summons Issued as to United States Food and Drug Administration, U.S. Attorney. (jas)
October 9, 2018 Filing 8 Clerks Notice of Docket Correction re 5 Summons Issued. Summons issued in error, venue confirmed as West Palm Beach by filer. Other. (jas)
October 8, 2018 Filing 7 Clerks Notice to Filer re: Electronic Case. Venue on the Civil Cover Sheet does not match the initiating document. The Clerks Office confirmed Broward (Office as the county with the filer. It is not necessary to re-file this document. (jas)
October 8, 2018 Filing 6 Corrected Clerks Notice of Judge Assignment to Judge Kenneth A. Marra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas)
October 8, 2018 Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents. (jas)
October 8, 2018 Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (jas)
October 8, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas)
October 8, 2018 Filing 1 COMPLAINT PETITION BY BLACKSTONE LABS, LLC FOR RETURN OF SEIZED PROPERTY PURSUANT TO RULE 41(G) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE against All Defendants. Filing fees $ 400.00 receipt number 113C-11056443, filed by Blackstone Labs, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) United States of America Summons, #3 Summon(s) U.S. Food & Drug Administration Summons, #4 Summon(s) Scott Gottlieb Summons)(Davis, Michael)

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Defendant: United States Food and Drug Administration
Represented By: David Frank
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Defendant: United States Of America
Represented By: David Frank
Represented By: Alistair Reader
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Defendant: Commissioner, Food and Drug Administration
Represented By: David Frank
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Plaintiff: Blackstone Labs, LLC
Represented By: Benedict P. Kuehne
Represented By: Michael T. Davis
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