TherapeuticsMD, Inc. v. Evofem Biosciences, Inc.

Plaintiff:	THERAPEUTICSMD, INC.
Defendant:	EVOFEM BIOSCIENCES, INC.
Case Number:	9:2020cv82296
Filed:	December 14, 2020
Court:	US District Court for the Southern District of Florida
Presiding Judge:	Bruce E Reinhart
Referring Judge:	Rodolfo A Ruiz
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By:	Defendant

Date Filed	Document Text
July 20, 2022	Filing 343 ORDER GRANTING JOINT MOTION TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR STIPULATED DISMISSAL WITH PREJUDICE. Signed by Judge Rodolfo A. Ruiz, II on 7/20/2022. See attached document for full details. (jb03)
July 20, 2022	SYSTEM ENTRY - Docket Entry 342 [misc] restricted/sealed until further notice. (642535)
July 19, 2022	Filing 341 ORDER granting #340 Joint Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 7/19/2022. See attached document for full details. (gp)
July 19, 2022	Filing 340 Joint MOTION to Seal Confidential Settlement Agreement per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Joint Motion to File Under Seal) (Bain, Joseph)
July 19, 2022	Filing 339 MOTION Joint Motion for the Court to Retain Jurisdiction to Enforce the Settlement Agreement and for a Stipulated Dismissal with Prejudice by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 - Text of Proposed Order)(Bain, Joseph)
July 12, 2022	Filing 338 NOTICE by TherapeuticsMD, Inc. re #336 MOTION Request for Judicial Notice of Filing Exhibits in Support (Attachments: #1 Exhibit P-8, #2 Exhibit P-9, #3 Exhibit P-10, #4 Exhibit P-11, #5 Exhibit P-12, #6 Exhibit P-13, #7 Exhibit P-127, #8 Exhibit P-168, #9 Exhibit P-189, #10 Exhibit P-191, #11 Exhibit P-192, #12 Exhibit P-276, #13 Exhibit P-298, #14 Exhibit P-329, #15 Exhibit P-330, #16 Exhibit P-334, #17 Exhibit P-335, #18 Exhibit P-431, #19 Exhibit P-432, #20 Exhibit P-433, #21 Exhibit P-434, #22 Exhibit P-478, #23 Exhibit P-479, #24 Exhibit P-480, #25 Exhibit P-486, #26 Exhibit P-530, #27 Exhibit P-531, #28 Exhibit P-532) (Tillman, Jodi-Ann)
July 12, 2022	Filing 337 RESPONSE to #328 Defendant's APPEAL of Magistrate Judge #310 Order on Motion for Miscellaneous Relief to District Court on Motion to Bifurcate Equitable Claims by TherapeuticsMD, Inc.. (Bain, Joseph)
July 12, 2022	Filing 336 MOTION Request for Judicial Notice by TherapeuticsMD, Inc.. (Tillman, Jodi-Ann)
July 4, 2022	Reset Deadlines as to #328 Defendant's APPEAL of Magistrate Judge #310 Order on Motion for Miscellaneous Relief to District Court on Motion to Bifurcate Equitable Claims. Responses due by 7/12/2022 (ls)(per DE #335)
July 4, 2022	Filing 335 PAPERLESS ORDER Granting Motion for Extension of Time, ECF No. #334 . Plaintiff shall respond to Defendant's Appeal of Magistrate Judge's Order on Motion to Bifurcate Equitable Claims, ECF No. #328 , on or before July 12, 2022. Signed by Judge Rodolfo A. Ruiz, II on 7/4/2022. (jb03)
June 30, 2022	Filing 334 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #328 Defendant's APPEAL of Magistrate Judge #310 Order on Motion for Miscellaneous Relief to District Court on Motion to Bifurcate Equitable Claims by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion for Extension of Time)(Tillman, Jodi-Ann)
June 29, 2022	Filing 333 RESPONSE to #325 Defendant's APPEAL of Magistrate Judge #301 Order on Motion to Strike,, Order on Motion to Bifurcate, to District Court by TherapeuticsMD, Inc.. (Bain, Joseph)
June 24, 2022	Filing 332 Exhibit List Plaintiff TherapeuticsMD's Notice of Filing Amended Trial Exhibit List by TherapeuticsMD, Inc... (Attachments: #1 Exhibit "A" - Plaintiff's Amended Trial Exhibit List)(Tillman, Jodi-Ann)
June 24, 2022	Filing 331 REPORT REGARDING Joint Mediation Report by TherapeuticsMD, Inc. (Tillman, Jodi-Ann)
June 24, 2022	Filing 330 ORDER granting #329 Motion to Withdraw as Attorney. Dorothy Camille Kafka representing Evofem Biosciences, Inc. (Defendant) withdrawn from case. Signed by Judge Rodolfo A. Ruiz, II on 6/23/2022. See attached document for full details. (dj)
June 22, 2022	Filing 329 MOTION to Withdraw as Attorney by Dorothy Kafka for / by Evofem Biosciences, Inc.. Responses due by 7/6/2022 (Kafka, Dorothy)
June 21, 2022	Filing 328 Defendant's APPEAL of Magistrate Judge #310 Order on Motion for Miscellaneous Relief to District Court on Motion to Bifurcate Equitable Claims (Kaplan, Kevin)
June 16, 2022	Filing 327 TRANSCRIPT of Motion Hearing held on 6/6/2022 before Judge Rodolfo A. Ruiz, II, 1-290 pages, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@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 7/7/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/14/2022. (ilz)
June 16, 2022	Filing 326 ORDER ON MOTIONS IN LIMINE, ECF Nos. #196 , #205 . Signed by Judge Rodolfo A. Ruiz, II on 6/16/2022. See attached document for full details. (jb03)
June 15, 2022	Filing 325 Defendant's APPEAL of Magistrate Judge #301 Order on Motion to Strike,, Order on Motion to Bifurcate, to District Court (Kaplan, Kevin)
June 15, 2022	Filing 324 TRANSCRIPT of Miscellaneous Hearing held on 5/31/2022 before Magistrate Judge Bruce E. Reinhart, 1-79 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. 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 7/6/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/13/2022. (kpe)
June 14, 2022	Filing 323 SECOND ORDER AMENDING PRIOR SCHEDULING ORDERS AND PROVIDING INSTRUCTIONS FOR JURY TRIAL: Jury Trial Reset for 8/15/2022 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II. Calendar Call Reset for 8/2/2022 11:00 AM before Judge Rodolfo A. Ruiz II. Signed by Judge Rodolfo A. Ruiz, II on 6/14/2022. See attached document for full details. (scn)
June 13, 2022	Filing 322 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 6/13/2022. Order to follow. Attorney Appearance(s): Kevin Crow Kaplan, Paul Joseph Schwiep, Patricia Anne Leonard, Ehab Samuel, David A. Randall, Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (gp)
June 12, 2022	Filing 321 PAPERLESS ORDER Setting Telephonic Status Conference. A telephonic status conference to discuss trial scheduling issues is hereby set in this matter for Monday, June 13, 2022 at 4:30 P.M. The parties are instructed to call 1-877-402-9753 by no than 4:25 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible, for clarity. Signed by Judge Rodolfo A. Ruiz, II on 6/12/2022. (jb03)
June 10, 2022	Filing 320 ORDER Scheduling Mediation before Andrew J. Guilford. Mediation Hearing set for 6/21/2022. Mediation Report Deadline 6/24/2022. Signed by Judge Rodolfo A. Ruiz, II on 6/10/2022. See attached document for full details. (scn)
June 10, 2022	Filing 319 REPORT REGARDING Second Mediation by Evofem Biosciences, Inc. (Schwiep, Paul)
June 8, 2022	Filing 318 ORDER REQUIRING SECOND MEDIATION: Proposed Order Scheduling Mediation due 6/10/2022. Signed by Judge Rodolfo A. Ruiz, II on 6/8/2022. See attached document for full details. (scn)
June 8, 2022	Filing 317 STATUS REPORT Joint Status Report (per DE 312) by Evofem Biosciences, Inc. (Schwiep, Paul)
June 7, 2022	Filing 316 PAPERLESS ORDER granting #314 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Robert W. Dickerson. Signed by Judge Rodolfo A. Ruiz, II on 6/7/2022. (jb)
June 7, 2022	Filing 315 ORDER GRANTING THERAPEUTICSMD'S UNOPPOSED #309 MOTION TO FILE UNDER SEAL. Signed by Judge Rodolfo A. Ruiz, II on 6/7/2022. See attached document for full details. (scn)
June 7, 2022	Filing 314 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert W. Dickerson, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-15695975 by TherapeuticsMD, Inc.. Responses due by 6/21/2022 (Attachments: #1 Certification of Robert W. Dickerson, Jr., Esq., #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice (Robert W. Dickerson, Jr., Esq.))(Bain, Joseph)
June 7, 2022	Filing 313 PAPERLESS ORDER On Plaintiff's Motion for Leave to Amend its Witness and Exhibit List With Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the Witnesses, ECF No. #289 ("Motion"). For the reasons stated on the record at the June 6, 2022 hearing, ECF No. 311 , Plaintiff's Motion is GRANTED in PART and DENIED in PART as follows:I.As to Exhibit P-4, a 35-second voicemail left with a TherapeuticsMD sales representative on April 19, 2022, the Motion is DENIED.II.As to Exhibit P-472, a Q1 2022 Evofem Investor Presentation, dated May 4, 2022, the Motion is DENIED. However, the Court reserves the ability to re-address the relevance and admissibility of the Exhibit at the punitive damages stage of the proceedings.III.As to Exhibits P-299 through P-302, four pictures depicting Evofem's and TherapeuticsMD's booths at the 2022 Annual Clinic & Scientific Meeting hosted by the American College of Obstetricians and Gynecologists from May 6-8, 2022, the Motion is GRANTED insofar as a proper predicate can be laid as to the Exhibit's authenticity. Further, Evofem is granted leave to conduct a deposition of the individual who took the photos. Said deposition will take no longer than one hour and will be scheduled by the parties to take place within ten days from the date of this Order.IV.As to Plaintiff's request to split Exhibits P-338, P-340, P-342, P343, and P-345 into one or more exhibits such that the photographs contained in the exhibits become sub-exhibits (e.g. two photos contained in Exhibit P-338 would become P-338A and P338-B), the Motion is GRANTED. Signed by Judge Rodolfo A. Ruiz, II on 6/7/2022. (jb03)
June 6, 2022	Filing 312 PAPERLESS ORDER Requiring Status Report. For the reasons stated on the record at the June 6, 2022 hearing, ECF No. 311 , the parties shall file a status report on or before June 8, 2022 indicating their willingness to conduct a second mediation prior to the July 6, 2022 calendar call. Signed by Judge Rodolfo A. Ruiz, II on 6/6/2022. (jb)
June 6, 2022	Filing 311 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Motion Hearing held on 6/6/2022 re #205 MOTION in Limine (Omnibus) (Redacted) filed by TherapeuticsMD, Inc., #196 MOTION in Limine filed by Evofem Biosciences, Inc.. Order to follow. Attorney Appearance(s): Kevin Crow Kaplan, Paul Joseph Schwiep, Dorothy Camille Kafka, Jodi-Ann Rene Tillman, Ehab Samuel, David A. Randall, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
June 5, 2022	Filing 310 ORDER granting in part and denying in part #212 Motion for Judicial Notice and denying Motion to Bifurcate. Signed by Magistrate Judge Bruce E. Reinhart See attached document for full details. (BER)
June 3, 2022	Filing 309 Unopposed MOTION to Seal Reply in Support of its Motion for Leave to Amend Its Witness and Exhibit List With Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the New Witness per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion to File Under Seal) (Bain, Joseph)
June 3, 2022	Filing 308 REPLY to #289 MOTION for Leave to File Amended Witness and Exhibit Lists with Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the New Witness in Support (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)
June 3, 2022	Filing 307 PAPERLESS ORDER Granting Joint Motion for Leave to Bring Electronic Equipment into the Courtroom for the June 6, 2022 hearing, ECF No. #306 . The parties are permitted to bring all electronic equipment enumerated in their Proposed Order, ECF No. [306-1], into the Courtroom for the June 6 hearing. Signed by Judge Rodolfo A. Ruiz, II on 6/3/2022. (jb03)
June 3, 2022	Filing 306 Joint MOTION to Bring Electronic Equipment into the courtroom for June 6, 2022 Hearing by TherapeuticsMD, Inc.. Responses due by 6/17/2022 (Attachments: #1 Text of Proposed Order)(Bain, Joseph)
June 2, 2022	Filing 305 PAPERLESS ORDER on June 6, 2022 Motion Hearing. As indicated by the Court in its Order Amending Prior Scheduling Orders, Scheduling Hearing on Motions in Limine, and Providing Instructions for Jury Trial [ECF No. 251], the parties shall appear before the Court on Monday, June 6, 2022 at 10:00 AM in Courtroom 205C of the United States Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida for a hearing on their motions in limine [ECF Nos. 196, 205]. In addition to the parties' motions in limine, the Court will also hear argument on Plaintiff's Motion for Leave to File Amended Witness and Exhibit Lists with Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the New Witness [ECF No. 289]. Lastly, Plaintiff's Motion for Leave to Add to Motion in Limine [ECF No. 291] is hereby GRANTED. The Court will address this additional motion in limine at the hearing as well. Signed by Judge Rodolfo A. Ruiz, II on 6/2/2022. (jb03)
June 2, 2022	Filing 304 REPLY to #291 Plaintiff's MOTION for leave to add to Motion In Limine in Support by TherapeuticsMD, Inc.. (Bain, Joseph)
June 2, 2022	Filing 303 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): Plaintiff's May 31, 2022 Hearing Exhibit Nos. 1-7 by Joseph William Bain on behalf of TherapeuticsMD, Inc. (Bain, Joseph)
June 2, 2022	Filing 302 HEARING EXHIBITS Plaintiff's May 31, 2022 Hearing Exhibit Nos. 1-7 by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Bain, Joseph)
June 1, 2022	Filing 301 ORDER ON MOTION TO STRIKE PUNITIVE DAMAGES CLAIM denying #197 Motion to Strike #197 MOTION to Strike Plaintiff's Claim for Punitive Damages MOTION to Bifurcate Equitable Claims ; denying #197 Motion to Bifurcate. Signed by Magistrate Judge Bruce E. Reinhart on 6/1/2022. See attached document for full details. (pcs)
June 1, 2022	Filing 300 PAPERLESS ORDER denying #235 Motion to Strike Evofem's Witnesses, Alexander Fitzpatrick and Dyan M. Rowe Davis. At the hearing on May 31, 2022, the Defendant reported that it will not call Mr. Fitzpatrick as a trial witness, so the request to strike his testimony is moot. Ms. Rowe Davis is a rebuttal witness. It is premature to decide whether to exclude her testimony. That decision is best made after the Plaintiff's case in chief when it can be determined whether she actually rebuts evidence heard by the jury. Signed by Magistrate Judge Bruce E. Reinhart (BER)
June 1, 2022	Filing 299 Clerks Notice to Filer re #297 Response in Opposition to Motion. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made 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. (pcs)
May 31, 2022	Filing 298 RESPONSE in Opposition re #289 MOTION for Leave to File Amended Witness and Exhibit Lists with Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the New Witness filed by Evofem Biosciences, Inc.. Replies due by 6/7/2022. (Kaplan, Kevin)
May 31, 2022	Filing 297 RESPONSE in Opposition re #291 MOTION for leave to add to Motion In Limine by TherapeuticsMD, Inc. Replies due by 6/7/2022. (Schwiep, Paul) Modified Document Link on 6/1/2022 (pcs).
May 31, 2022	Filing 296 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Miscellaneous ZOOM Hearing on Defendant's Request for Judicial Notice (DE 212); Plaintiff's Motion to Strike Defense Witnesses (DE 235); and Defendant's Motion to Strike Punitive Damages and Bifurcate Equitable Claims (DE 197) held on 5/31/2022. Total time in court: 1 hour : 30 minutes. (hk02)
May 31, 2022	Filing 295 Notice of Supplemental Authority re #212 Motion for Judicial Notice by Evofem Biosciences, Inc. (Attachments: #1 Ex 1 - Sream Inc v K and R of WPB Inc) (Schwiep, Paul)
May 20, 2022	SYSTEM ENTRY - Docket Entry 294 [misc] restricted/sealed until further notice. (1903343)
May 19, 2022	Filing 293 NOTICE Of Filing Audio Thumb Drive Under Seal by TherapeuticsMD, Inc. re 290 Order on Motion for Leave to File, (dj)
May 18, 2022	Filing 292 ORDER granting #287 Unopposed Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 5/17/2022. See attached document for full details. (gp)
May 17, 2022	Filing 291 Plaintiff's MOTION for leave to add to Motion In Limine by TherapeuticsMD, Inc.. (Bain, Joseph)
May 17, 2022	Filing 290 PAPERLESS ORDER Granting Plaintiff's Motion for Leave to File Audio Exhibit Conventionally, ECF No. #288 . Plaintiff shall submit the audio recording, Exhibit C to its Motion for Leave to Amend Trial Exhibit List and Witness List, to the Clerk via conventional filing. Signed by Judge Rodolfo A. Ruiz, II on 5/17/2022. (jb03)
May 16, 2022	Filing 289 MOTION for Leave to File Amended Witness and Exhibit Lists with Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the New Witness by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A - TherapeuticsMD's Amended Trial Exhibit List, #2 Exhibit B - TherapeuticsMD's Second Amended Witness List, #3 Exhibit C (Redacted), #4 Exhibit D (Redacted), #5 Exhibit E - P-299, #6 Exhibit F - P-300, #7 Exhibit G - P-301, #8 Exhibit H - P-302, #9 Exhibit I - P-472, #10 Exhibit J (Redacted), #11 Exhibit K (Redacted), #12 Exhibit L (Redacted), #13 Exhibit M (Redacted), #14 Exhibit N (Redacted), #15 Exhibit O (Redacted), #16 Exhibit P (Redacted), #17 Exhibit Q (Redacted))(Bain, Joseph)
May 16, 2022	Filing 288 MOTION for Leave to File Audio Exhibit C to its Motion for Leave to Amend Trial Exhibit List and Witness List Conventionally by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting TherapeuticsMD's Motion for Leave to File Audio Exhibit Conventionally)(Bain, Joseph)
May 16, 2022	Filing 287 Unopposed MOTION to Seal its Motion for Leave to Amend Trial Exhibit List and Witness List and Exhibits C, D, J, K, L, M, N, O, P, and Q thereto per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion to File Under Seal) (Bain, Joseph)
May 16, 2022	Filing 286 NOTICE of Attorney Appearance by Josefina Maria Aguila-Benna on behalf of Evofem Biosciences, Inc.. Attorney Josefina Maria Aguila-Benna added to party Evofem Biosciences, Inc.(pty:cc), Attorney Josefina Maria Aguila-Benna added to party Evofem Biosciences, Inc.(pty:dft), Attorney Josefina Maria Aguila-Benna added to party Evofem Biosciences, Inc.(pty:cc), Attorney Josefina Maria Aguila-Benna added to party Evofem Biosciences, Inc.(pty:cc). (Aguila-Benna, Josefina)
May 13, 2022	Filing 285 NOTICE of Attorney Appearance by Scott Andrew Hiaasen on behalf of Evofem Biosciences, Inc.. Attorney Scott Andrew Hiaasen added to party Evofem Biosciences, Inc.(pty:cc), Attorney Scott Andrew Hiaasen added to party Evofem Biosciences, Inc.(pty:dft), Attorney Scott Andrew Hiaasen added to party Evofem Biosciences, Inc.(pty:cc), Attorney Scott Andrew Hiaasen added to party Evofem Biosciences, Inc.(pty:cc). (Hiaasen, Scott)
May 11, 2022	Filing 284 PAPERLESS ORDER taking under advisement #197 Defendant's Motion to Strike Plaintiff's Claim for Punitive Damages and to Bifurcate Equitable Claims, #212 Defendant's Motion for Judicial Notice, and #235 Plaintiff's Motion to Strike Defendant's Witnesses and setting an Omnibus Hearing for 5/31/2022 at 2:30 PM before Magistrate Judge Bruce E. Reinhart. The hearing will be conducted remotely via Zoom. The Court will email the Zoom link to counsel in advance of the hearing. Members of the public may listen to the audio of the hearing using the following telephone link:Dial by your location: +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) +1 551 285 1373 US +1 669 216 1590 US (San Jose) Meeting ID: 160 751 8992; Passcode: 717319. Find your local number: https://www.zoomgov.com/u/aeEkZDMCbU. Signed by Magistrate Judge Bruce E. Reinhart on 5/11/2022. (hk02)
May 10, 2022	Filing 283 PAPERLESS ORDER denying as moot #203 Plaintiff's Motion to Bifurcate Defendants' First and Fourth Affirmative Defenses. The Court has already found in Plaintiff's favor on these affirmative defenses in its ruling on Plaintiff's Motion for Summary Judgment. Signed by Magistrate Judge Bruce E. Reinhart on 5/10/2022. (hk02)
May 9, 2022	Filing 282 ORDER GRANTING DEFENDANT EVOFEM BIOSCIENCES, INC.'S UNOPPOSED MOTION TO STRIKE ECF NO. 279 granting #281 Motion to Strike #281 Defendant's MOTION to Strike #279 Reply to Response to Motion Request for Judicial Notice, striking #279 Reply to Response to Motion. Signed by Judge Rodolfo A. Ruiz, II on 5/9/2022. See attached document for full details. (pcs)
May 6, 2022	Filing 281 Defendant's MOTION to Strike #279 Reply to Response to Motion Request for Judicial Notice by Evofem Biosciences, Inc.. Responses due by 5/20/2022 (Kaplan, Kevin)
May 6, 2022	Filing 280 Defendant's REPLY to Response to Motion re #212 Motion for Judicial Notice filed by Evofem Biosciences, Inc.. (Kaplan, Kevin)
May 6, 2022	Filing 279 STRICKEN per Order DE #282 . Defendant's REPLY to Response to Motion re #212 Motion for Judicial Notice Request for Judicial Notice filed by Evofem Biosciences, Inc.. (Kaplan, Kevin) Modified on 5/9/2022 (pcs).
May 5, 2022	Filing 278 REPLY to #235 MOTION to Strike Evofem's Witnesses, Alexander Fitzpatrick and Dyan M. Rowe Davis in Support by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit H - Evofem's Objections to the Notice of Taking 30(b)(6) Deposition (09.08.2021))(Bain, Joseph)
April 29, 2022	Filing 276 ORDER Granting #261 Evofem's Unopposed Motion To File Under Seal. Defendant may file under seal unredacted versions of Defendant's Reply in Support of its Motion in Limine and Exhibit A thereto within one (1) day of the date of entry of this Order. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2022. See attached document for full details. (kpe)
April 29, 2022	Filing 275 PAPERLESS ORDER Denying as Moot Plaintiff's Motion to Seal, ECF No. #269 ("Motion"). Plaintiff requests that the Court permit it to file under seal replies to Defendant's Objections to the Report and Recommendation on the Parties' Daubert Motions and the Report and Recommendation on the Parties' Motions in limine. Per the Court's Order Affirming and Adopting the Report and Recommendation in Part, ECF No. #274 , and given that a report and recommendation has not been entered with respect to the parties' Motions in limine, the Plaintiff's Motion is DENIED as MOOT. Signed by Judge Rodolfo A. Ruiz, II on 4/29/2022. (jb03)
April 29, 2022	Reset Deadlines as to #235 MOTION to Strike Evofem's Witnesses, Alexander Fitzpatrick and Dyan M. Rowe Davis. Replies due by 5/5/2022. (ls)(per DE #272)
April 29, 2022	SYSTEM ENTRY - Docket Entry 277 [misc] restricted/sealed until further notice. (521827)
April 28, 2022	Filing 274 Order Affirming and Adopting Report and Recommendation, ECF No. #209 . Signed by Judge Rodolfo A. Ruiz, II on 4/28/2022. See attached document for full details. (jb)
April 28, 2022	Filing 272 PAPERLESS ORDER Granting in Part and Denying in Part as Moot Plaintiff's Motion for Extension of Time. Given that Plaintiff has already responded to Defendant's Objections to the Magistrate Judge's Report and Recommendations on the parties' Daubert Motions, ECF No. #270 , and the Court has already entered an Order Affirming and Adopting the Magistrate Judge's Report and Recommendations related to the parties' motions for summary judgment, ECF No. #271 , Plaintiff's request for an extension of time to file responses to Defendant's Objections is DENIED as MOOT. Plaintiff's request as to the extension of time to file its Reply in Support of its Motion to Strike Fitzpatrick and Davis, ECF No. #235 , is GRANTED. Plaintiff shall file its Reply in Support of its Motion to Strike on or before May 5, 2022. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2022. (jb03)
April 28, 2022	Filing 271 Order Affirming and Adopting Report and Recommendation, ECF No. #210 . Signed by Judge Rodolfo A. Ruiz, II on 4/28/2022. See attached document for full details. (jb)
April 28, 2022	SYSTEM ENTRY - Docket Entry 274 [misc] restricted/sealed until further notice. (521827)
April 27, 2022	Filing 270 RESPONSE TO OBJECTION to #209 Report and Recommendations Re: Daubert Motions by TherapeuticsMD, Inc.. (Bain, Joseph)
April 27, 2022	Filing 269 Unopposed MOTION to Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order ) (Bain, Joseph)
April 27, 2022	Filing 268 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #258 Response in Opposition to Motion,, #248 Objections to Report and Recommendations, #249 Objections to Report and Recommendations by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order)(Bain, Joseph)
April 27, 2022	Filing 267 PAPERLESS ORDER granting #265 Defendant's Unopposed Motion for Extension of Time to File a Reply to its Request for Judicial Notice (ECF No. 212). Defendant's reply is due by 5/6/2022. Signed by Magistrate Judge Bruce E. Reinhart on 4/27/2022. (hk02)
April 27, 2022	Filing 266 RESPONSE TO OBJECTION to #209 Report and Recommendations Portions on Parties' Daubert Motions by Evofem Biosciences, Inc.. (Kaplan, Kevin)
April 27, 2022	Filing 265 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #212 Motion for Judicial Notice by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin)
April 26, 2022	Filing 273 ORDER Granting #257 Evofem's Unopposed Motion To File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 4/25/2022. See attached document for full details. (kpe)
April 25, 2022	Filing 264 REPLY to #203 Plaintiff's MOTION to Bifurcate Evofem's Equitable Defenses of Equitable Estoppel and Unclean Hands in Support by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A - Landon Dep. Excerpts)(Bain, Joseph)
April 25, 2022	Filing 263 REPLY to #205 MOTION in Limine (Omnibus) (Redacted) in Support by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A - Brown Dep. Excerpts, #2 Exhibit B - Duskin Dep. Excerpts, #3 Exhibit C - Brierley Dep. Excerpts, #4 Exhibit D - Gremillion Dep. Excerpts, #5 Exhibit E - Leach Dep. Excerpts, #6 Exhibit F - Tryforous Dep. Excerpts)(Bain, Joseph)
April 25, 2022	Filing 262 REPLY to Response to Motion re #196 MOTION in Limine filed by Evofem Biosciences, Inc.. (Attachments: #1 Ex A - confidential (to be filed under seal), #2 Ex B)(Schwiep, Paul)
April 25, 2022	Filing 261 Unopposed MOTION to Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Schwiep, Paul)
April 25, 2022	Filing 260 REPLY to Response to Motion re #197 MOTION to Strike Plaintiff's Claim for Punitive Damages MOTION to Bifurcate Equitable Claims filed by Evofem Biosciences, Inc.. (Kaplan, Kevin)
April 22, 2022	Filing 259 RESPONSE in Opposition re #212 Motion for Judicial Notice filed by TherapeuticsMD, Inc.. Replies due by 4/29/2022. (Attachments: #1 Appendix A - Evofem's Exhibit 120 (Proprietary Name Review) (Annotated))(Bain, Joseph)
April 22, 2022	Filing 258 RESPONSE in Opposition re #235 MOTION to Strike Evofem's Witnesses, Alexander Fitzpatrick and Dyan M. Rowe Davis filed by Evofem Biosciences, Inc.. Replies due by 4/29/2022. (Attachments: #1 Ex 1 - CONFIDENTIAL (filed under seal) Stewart M Brown Tr. 170-176, #2 Ex 2 - CONFIDENTIAL (filed under seal) Samir Desai Tr. 135-137 & 277-282, #3 Ex 3 - Dyan Rowe Davis Tr. 19, #4 Ex 4 - CONFIDENTIAL (filed under seal) Dr. Yoram (Jerry) Wind Tr. 232)(Schwiep, Paul)
April 22, 2022	Filing 257 Unopposed MOTION to Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Schwiep, Paul)
April 22, 2022	Filing 256 TRANSCRIPT of Video-conferenced Status Conference Hearing held on 4/12/22 before Judge Rodolfo A. Ruiz, II, 1-53 pages, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@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 5/13/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/21/2022. (dmr)
April 19, 2022	Filing 255 TRANSCRIPT of Discovery Hearing held on 3/29/2022 before Magistrate Judge Bruce E. Reinhart, 1-12 pages, Court Reporter: Joanne Mancari, 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 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (apz)
April 18, 2022	Reset Deadlines as to #197 MOTION to Strike Plaintiff's Claim for Punitive Damages MOTION to Bifurcate Equitable Claims, #203 Plaintiff's MOTION to Bifurcate Evofem's Equitable Defenses of Equitable Estoppel and Unclean Hands. Replies due by 4/25/2022. (ls)(per DE #254)
April 18, 2022	Filing 254 PAPERLESS ORDER Granting Joint Motion for Extension of Time, ECF No. #252 . Plaintiff shall file its Reply in support of its Motion to Bifurcate ECF No. #203 and Defendant shall file its Reply in support of its Motion to Bifurcate and to Strike ECF No. #197 on or before April 25, 2022. Signed by Judge Rodolfo A. Ruiz, II on 4/18/2022. (jb03)
April 15, 2022	Filing 252 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #197 MOTION to Strike Plaintiff's Claim for Punitive Damages MOTION to Bifurcate Equitable Claims, #203 Plaintiff's MOTION to Bifurcate Evofem's Equitable Defenses of Equitable Estoppel and Unclean Hands by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin)
April 15, 2022	SYSTEM ENTRY - Docket Entry 253 [misc] restricted/sealed until further notice. (642535)
April 14, 2022	Filing 251 ORDER Amending Prior Scheduling Orders, Scheduling Hearing on Motions in Limine, and Providing Instructions for Jury Trial: ( Calendar Call set for 7/6/2022 11:00 AM before Judge Rodolfo A. Ruiz II., Jury Selection set for 7/8/2022 10:00AM before Judge Rodolfo A. Ruiz II., Jury Trial set for 7/12/2022 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II.) Set Deadlines as to #212 Motion for Judicial Notice. (Responses due by 4/22/2022), as to #205 MOTION in Limine (Omnibus) (Redacted) and #196 MOTION in Limine (Replies due by 4/25/2022.) ; Motion Hearing set for 6/6/2022 10:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II.) Signed by Judge Rodolfo A. Ruiz, II on 4/14/2022. See attached document for full details. (ls)
April 13, 2022	Filing 250 OBJECTIONS to #209 Report and Recommendations on Daubert motions by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A - Neal Deposition Transcript)(Bain, Joseph)
April 13, 2022	Filing 249 OBJECTIONS to #210 Report and Recommendations by Evofem Biosciences, Inc.. (Schwiep, Paul) Modified Text on 4/14/2022 (ls).
April 13, 2022	Filing 248 OBJECTIONS to #209 Report and Recommendations by Evofem Biosciences, Inc.. (Schwiep, Paul) Modified Text on 4/14/2022 (ls).
April 13, 2022	SYSTEM ENTRY - Docket Entry 247 [misc] restricted/sealed until further notice. (647140)
April 12, 2022	Filing 246 ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION TO FILE UNDER SEAL. ORDER granting #240 Motion to Seal. Signed by Judge Rodolfo A. Ruiz, II on 4/11/2022. See attached document for full details. (amb)
April 12, 2022	Filing 245 ORDER GRANTING DEFENDANTS UNOPPOSED MOTION TO FILE UNDER SEAL. ORDER granting #238 Motion to Seal. Signed by Judge Rodolfo A. Ruiz, II on 4/11/2022. See attached document for full details. (amb)
April 12, 2022	Filing 244 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Status Conference held on 4/12/2022. Order to follow. Attorney Appearance(s): Kara M. Cormier, Andrew D. Skale, Kevin Crow Kaplan, Paul Joseph Schwiep, Dorothy Camille Kafka, Joseph William Bain, Patricia Anne Leonard, Jodi-Ann Rene Tillman, Ehab Samuel, David A. Randall, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (gp)
April 11, 2022	Filing 243 RESPONSE in Opposition re #197 MOTION to Strike Plaintiff's Claim for Punitive Damages MOTION to Bifurcate Equitable Claims filed by TherapeuticsMD, Inc.. Replies due by 4/18/2022. (Bain, Joseph)
April 11, 2022	Filing 242 RESPONSE in Opposition re #196 MOTION in Limine filed by TherapeuticsMD, Inc.. Replies due by 4/18/2022. (Bain, Joseph)
April 11, 2022	Filing 241 NOTICE by TherapeuticsMD, Inc. of Filing Exhibits in Support of its Opposition to Evofem's Motion in Limine (Attachments: #1 Exhibit A (Composite) - TherapeuticsMD's Initial Disclosures, #2 Exhibit B - (Redacted) Deposition Transcript Excerpts - Jillian Brierley, #3 Exhibit C - (Redacted) Deposition Transcript Excerpts - Zachary Duskin, #4 Exhibit D - Evofem's Notice of Taking Deposition of TherapeuticsMD's Person Most Qualified, #5 Exhibit E - September 17, 2021 Hearing Transcript Excerpts, #6 Exhibit F - Emails between counsel ending October 3, 2021, #7 Exhibit G - (Redacted) Deposition Transcript Excerpts - Sam Desai, #8 Exhibit H - Declaration of Sam Desai, #9 Exhibit I - (Redacted) Deposition Transcript Excerpts - Dr. Jennifer Vanderhart, #10 Exhibit J - (Redacted) Deposition Transcript Excerpts - Saundra Pelletier, #11 Exhibit K - KITCHENS-BEATTY v. EVOFEM BIOSCIENCES INC) (Bain, Joseph)
April 11, 2022	Filing 240 Unopposed MOTION to Seal File under Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order) (Bain, Joseph)
April 11, 2022	Filing 239 RESPONSE in Opposition re #203 Plaintiff's MOTION to Bifurcate Evofem's Equitable Defenses of Equitable Estoppel and Unclean Hands filed by Evofem Biosciences, Inc.. Replies due by 4/18/2022. (Kaplan, Kevin)
April 11, 2022	Filing 238 Unopposed MOTION to Seal File under Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kaplan, Kevin)
April 11, 2022	Filing 237 RESPONSE to Motion re #205 MOTION in Limine (Omnibus) (Redacted) filed by Evofem Biosciences, Inc.. Replies due by 4/18/2022. (Attachments: #1 Exhibit A-under seal, #2 Exhibit B - under seal, #3 Exhibit C - under seal, #4 Exhibit D - under seal, #5 Exhibit E - under seal)(Kaplan, Kevin)
April 11, 2022	Filing 236 APPENDIX Supplemental to Defendants Request for Judicial Notice by Evofem Biosciences, Inc. (Attachments: #1 Exhibit D-091, #2 Exhibit D-092, #3 Exhibit D-201, #4 Exhibit D-202, #5 Exhibit D-203, #6 Exhibit D-204, #7 Exhibit D-205, #8 Exhibit D-206, #9 Exhibit D-207, #10 Exhibit D-208, #11 Exhibit D-209, #12 Exhibit D-210, #13 Exhibit D-019, #14 Exhibit D-117, #15 Exhibit D-119, #16 Exhibit D-149, #17 Exhibit D-064, #18 Exhibit D-139, #19 Exhibit D-140, #20 Exhibit D-141, #21 Exhibit D-142, #22 Exhibit D-143, #23 Exhibit D-144, #24 Exhibit D-145, #25 Exhibit D-146, #26 Exhibit D-147, #27 Exhibit D-148, #28 Exhibit D-198, #29 Exhibit D-199)(Kaplan, Kevin)
April 8, 2022	Filing 235 MOTION to Strike Evofem's Witnesses, Alexander Fitzpatrick and Dyan M. Rowe Davis by TherapeuticsMD, Inc.. Responses due by 4/22/2022 (Attachments: #1 Exhibit A - Evofem's Objections to TherapeuticsMD's Notice of Deposition of Alex Fitzpatrick, #2 Exhibit B (Composite) - Evofem's Initial Disclosures and Supplements, #3 Exhibit C (Composite) - TherapeuticsMD's Initial Disclosures and Supplements, #4 Exhibit D - TherapeuticsMD's Notice of Taking Deposition of Alexander Fitzpatrick, #5 Exhibit E - Davis Deposition Excerpts, #6 Exhibit F - Expert Report of Sandra Ferrari Disner (09.20.2021), #7 Exhibit G - Expert Rebuttal Report of Dyan Rowe Davis (10.19.2021))(Bain, Joseph)
April 7, 2022	SYSTEM ENTRY - Docket Entry 234 [misc] restricted/sealed until further notice. (521827)
April 6, 2022	Filing 232 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing (re DE 228) held on 4/6/2022. The Court granted Plaintiff's request to depose employees Addie Moses and Emily Kunkle. Defendant's objections to the depositions are overruled. Total time in court: 40 minutes. (Digital BER_1_4.6.2022) (hk02)
April 6, 2022	Filing 231 PAPERLESS ORDER granting #229 Motion to Seal unredacted version of the joint discovery memorandum (DE 228). Signed by Magistrate Judge Bruce E. Reinhart on 4/6/2022. (hk02)
April 6, 2022	SYSTEM ENTRY - Docket Entry 233 [misc] restricted/sealed until further notice. (642535)
April 5, 2022	Filing 230 PAPERLESS ORDER Granting Joint Motion for Status Conference, ECF No. #223 . The Motion is GRANTED. The parties shall appear at a status conference on Tuesday, April 12, 2022 at 2:00 P.M. The status conference will be held via Zoom. The Zoom conference can be accessed at https://www.zoomgov.com/j/1608912923?pwd=YjhTVEZjMDhJcnE5T3RoRFJvbkl0dz09. The Meeting ID is 160 891 2923 and the Passcode is 484239. Signed by Judge Rodolfo A. Ruiz, II on 4/5/2022. (jb03)
April 5, 2022	Filing 229 Unopposed MOTION to Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Schwiep, Paul)
April 5, 2022	Filing 228 Joint Discovery Memorandum to 226 Order Setting/Cancelling Hearing, Joint Discovery Memorandum by Evofem Biosciences, Inc.. (Attachments: #1 Ex A, #2 Ex B, #3 Ex C, #4 Ex D, #5 Ex 1 - April 1, 2022 email from E Samuel to K Kaplan, #6 Ex 2 - Adam Gilbert - LinkedIn)(Schwiep, Paul)
April 5, 2022	Filing 227 NOTICE by TherapeuticsMD, Inc. of Filing Amended Witness List (Attachments: #1 Exhibit A - Plaintiff TherapeuticsMD's Amended Witness List) (Bain, Joseph)
April 4, 2022	Filing 226 PAPERLESS Order setting a Telephonic Discovery Hearing for 4/6/2022 at 11:30 AM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 4/4/2022. (hk02)
April 1, 2022	Filing 225 Clerks Notice to Filer re #223 Joint MOTION for Status Conference Incorrect Document Link; ERROR - The filed document was incorrectly linked. The correction was made by the Clerk. It is not necessary to refile this document. (jua)
April 1, 2022	Filing 224 RESPONSE to Motion re #212 Motion for Judicial Notice Request for Opportunity to Be Heard Pursuant to FRE 201(e) filed by TherapeuticsMD, Inc.. Replies due by 4/8/2022. (Bain, Joseph)
April 1, 2022	Filing 223 JOINT MOTION for Status Conference by Evofem Biosciences, Inc. (Kaplan, Kevin) Modified to terminate links per the attorneys office request on 4/1/2022 (jua).
April 1, 2022	Filing 221 NOTICE by Evofem Biosciences, Inc. of Correction of Witness List (Attachments: #1 Exhibit Defendant's Witness List) (Kaplan, Kevin)
April 1, 2022	Filing 220 ORDER granting #207 Unopposed Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 4/1/2022. See attached document for full details. (gp)
April 1, 2022	Filing 219 ORDER granting #206 Unopposed Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 4/1/2022. See attached document for full details. (gp)
April 1, 2022	Filing 218 Clerks Notice to Filer re #212 Notice (Other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ls)
April 1, 2022	SYSTEM ENTRY - Docket Entry 222 [motion] restricted/sealed until further notice. (647140)
March 31, 2022	Filing 217 RESPONSE in Opposition re #215 Defendant's EMERGENCY MOTION with Certification of Emergency included Evofem's Emergency Objection to Magistrate Judge Order Limiting Cross Examination at Deposition to Twenty Minutes filed by TherapeuticsMD, Inc.. Replies due by 4/7/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bain, Joseph)
March 31, 2022	Filing 216 PAPERLESS ORDER Sustaining Objections Regarding Limits on Deposition, ECF No. #215 . This matter came before the Court upon Defendant's Emergency Objection to Magistrate Judge Order Limiting Cross Examination at Deposition to Twenty Minutes ("Objections"). Upon careful review of the Objections, the Magistrate Judge's Order, and Federal Rule of Civil Procedure 30(d)(1), which generally permits up to 7 hours of deposition testimony, it is hereby ORDERED and ADJUDGED as follows: Plaintiff's deposition examination (direct and re-direct) shall be limited to 120 minutes. Defendant's cross-examination shall be limited to 90 minutes. Signed by Judge Rodolfo A. Ruiz, II on 3/31/2022. (jb03)
March 31, 2022	Filing 215 Defendant's EMERGENCY MOTION with Certification of Emergency included Evofem's Emergency Objection to Magistrate Judge Order Limiting Cross Examination at Deposition to Twenty Minutes by Evofem Biosciences, Inc.. Responses due by 4/14/2022 (Attachments: #1 Exhibit 1)(Schwiep, Paul)
March 31, 2022	Filing 214 PAPERLESS ORDER re #202 Clarifying the Court's ruling during the 3/29/22 hearing on the parties' discovery dispute. The deposition of Adam Gilbert shall be limited to a total of 90 minutes to be apportioned as follows: one hour for Plaintiff to conduct its direct examination, 20 minutes for Defendant to conduct its cross-examination, and 10 minutes for Plaintiff to conduct any re-direct examination. Signed by Magistrate Judge Bruce E. Reinhart on 3/31/2022. (hk02)
March 31, 2022	Filing 213 APPENDIX to Defendant's Request for Judicial Notice by Evofem Biosciences, Inc. (Attachments: #1 Exhibit Def Exh 005, #2 Exhibit Def Exh 006, #3 Exhibit Def Exh 009, #4 Exhibit Def Exh 011, #5 Exhibit Def Exh 012, #6 Exhibit Def Exh 013, #7 Exhibit Def Exh 014, #8 Exhibit Def Exh 015, #9 Exhibit Def Exh 016, #10 Exhibit Def Exh 017, #11 Exhibit Def Exh 093, #12 Exhibit Def Exh 105, #13 Exhibit Def Exh 106, #14 Exhibit Def Exh 107, #15 Exhibit Def Exh 108, #16 Exhibit Def Exh 109, #17 Exhibit Def Exh 110, #18 Exhibit Def Exh 111, #19 Exhibit Def Exh 112, #20 Exhibit Def Exh 113, #21 Exhibit Def Exh 114, #22 Exhibit Def Exh 115, #23 Exhibit Def Exh 116, #24 Exhibit Def Exh 118, #25 Exhibit Def Exh 120, #26 Exhibit Def Exh 121, #27 Exhibit Def Exh 122, #28 Exhibit Def Exh 123, #29 Exhibit Def Exh 124, #30 Exhibit Def Exh 125, #31 Exhibit Def Exh 126, #32 Exhibit Def Exh 127, #33 Exhibit Def Exh 128, #34 Exhibit Def Exh 129, #35 Exhibit Def Exh 130, #36 Exhibit Def Exh 131, #37 Exhibit Def Exh 132, #38 Exhibit Def Exh 133, #39 Exhibit Def Exh 134, #40 Exhibit Def Exh 135, #41 Exhibit Def Exh 136, #42 Exhibit Def Exh 094, #43 Exhibit Def Exh 095, #44 Exhibit Def Exh 096, #45 Exhibit Def Exh 097, #46 Exhibit Def Exh 098, #47 Exhibit Def Exh 099, #48 Exhibit Def Exh 100, #49 Exhibit Def Exh 101, #50 Exhibit Def Exh 102, #51 Exhibit Def Exh 104, #52 Exhibit Def Exh 138, #53 Exhibit Def Exh 150, #54 Exhibit Def Exh 151, #55 Exhibit Def Exh 152, #56 Exhibit Def Exh 103)(Kaplan, Kevin)
March 31, 2022	Filing 212 Motion for Judicial Notice by Evofem Biosciences, Inc. (Kaplan, Kevin) Modified to convert document to a motion on 4/1/2022 (ls).
March 29, 2022	Filing 211 TRANSCRIPT of Discovery Hearing held on 8/23/21 before Magistrate Judge Bruce E. Reinhart, 1-30 pages, Court Reporter: Joanne Mancari, 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 4/19/2022. Redacted Transcript Deadline set for 4/29/2022. Release of Transcript Restriction set for 6/27/2022. (hh)
March 29, 2022	Filing 210 REPORT AND RECOMMENDATIONS re #112 MOTION for Summary Judgment filed by Evofem Biosciences, Inc., #124 MOTION to Strike Evofem's Fourth Affirmative Defense of Unclean Hands filed by TherapeuticsMD, Inc. Recommending Motion for Summary Judgment (ECF No. 112) be Denied, Motion for Partial Summary Judgment (ECF No. 128-1) be Granted in Part and Denied in Part and Motion to Strike Defendant's Fourth Affirmative Defense (ECF No. 124) be Denied as Moot. Objections to R&R due by 4/12/2022. Signed by Magistrate Judge Bruce E. Reinhart on 3/29/2022. See attached document for full details. (ls)
March 29, 2022	Filing 209 REPORT AND RECOMMENDATIONS re #116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law filed by TherapeuticsMD, Inc., #111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses filed by Evofem Biosciences, Inc. Recommending Motion to Exclude Defendant's Experts (ECF No. 116) be Denied and Motion to Exclude Plaintiff's Experts (ECF No. 111/126) be Granted in Part and Denied in Part.. Objections to R&R due by 4/12/2022. Signed by Magistrate Judge Bruce E. Reinhart on 3/29/2022. See attached document for full details. (ls)
March 29, 2022	Filing 208 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Discovery Hearing on ECF No. 202 held on 3/29/2022. The Court overruled Defendant's objection to Plaintiff's request to depose its employee Adam Gilbert on or before April 1, 2022. Plaintiff established good cause to take the deposition at this time. The deposition is limited to 90 minutes. Total time in court: 10 minutes. (Digital BER_1_3.29.2022) (hk02)
March 29, 2022	Filing 207 Unopposed MOTION to Seal File under Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kaplan, Kevin) Modified Text on 3/30/2022 (ls).
March 28, 2022	Filing 206 Unopposed MOTION to Seal File under Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order ) (Bain, Joseph) Modified Text on 3/29/2022 (ls).
March 28, 2022	Filing 205 MOTION in Limine (Omnibus) (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)
March 28, 2022	Filing 204 NOTICE by TherapeuticsMD, Inc. of Filing Exhibits in Support of its Omnibus Motion in Limine (Attachments: #1 Exhibit 1 - Excerpt from FDAs Proprietary Name Review for PHEXXI (EVOFEM_001200), #2 Exhibit 2 - Dyan Rowe Davis Deposition Transcript Excerpts (November 5, 2021), #3 Exhibit 3 - Expert Rebuttal Report of Jeff Anderson (October 18, 2021), #4 Exhibit 4 - Goodnight v. Boston Scientific Corporation Transcript of Motion Hearing (February 12, 2020), #5 Exhibit 5 - USPTO File History for PHEXXI, #6 Exhibit 6 - Expert Report of David Neal, PhD (September 21, 2021), #7 Exhibit 7 - Expert Rebuttal Report of David Neal, PhD (October 19, 2021), #8 Exhibit 8 - David Neal, PhD Deposition Transcript Excerpts (October 27, 2021), #9 Exhibit 9 (Redacted - to be filed under seal) Saundra Pelletier Deposition Transcript Excerpts (November 8, 2021), #10 Exhibit 10 (Composite) - Evofems Initial Disclosures and supplements thereto, #11 Exhibit 11 - Printout of Erin Reilys LinkedIn page, #12 Exhibit 12 - Printout of Nancy Kivel, MDs LinkedIn page, #13 Exhibit 13 (Redacted - to be filed under seal) Stewart Brown Deposition Transcript Excerpts (May 28, 2021), #14 Exhibit 14 - Emails between counsel May 5, 2021 through May 13, 2021, #15 Exhibit 15 (Composite) (Redacted to be filed under seal) Plaintiffs Trial Exhibits: P-062, P-091, P-227, P-228 (Evofem emails)) (Bain, Joseph)
March 28, 2022	Filing 203 Plaintiff's MOTION to Bifurcate Evofem's Equitable Defenses of Equitable Estoppel and Unclean Hands by TherapeuticsMD, Inc.. Responses due by 4/11/2022 (Bain, Joseph)
March 28, 2022	Filing 202 NOTICE by TherapeuticsMD, Inc. re 195 Order Setting/Cancelling Hearing, Joint Discovery Memorandum (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Bain, Joseph)
March 28, 2022	Filing 201 Proposed Findings of Fact and Proposed Conclusions of Law (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)
March 28, 2022	Filing 200 NOTICE by TherapeuticsMD, Inc. of Filing Joint Proposed Jury Instructions and Verdict Forms (Attachments: #1 Exhibit A - Joint Proposed Jury Instructions, #2 Exhibit B - Joint Proposed Jury Verdict Form) (Bain, Joseph)
March 28, 2022	Filing 199 PRETRIAL STIPULATION Joint by Evofem Biosciences, Inc. (Attachments: #1 Exhibit A - TherapeuticsMD's Exhibit List, #2 Exhibit B - Evofem's Exhibit List, #3 Exhibit C - TherapeuticsMD's Witness List, #4 Exhibit D - Evofem's Witness List)(Kaplan, Kevin)
March 28, 2022	Filing 198 Proposed Findings of Fact and Proposed Conclusions of Law Notice of Filing by Evofem Biosciences, Inc.. (Attachments: #1 Proposed Findings of Fact and Conclusions of Law)(Kaplan, Kevin)
March 28, 2022	Filing 197 MOTION to Strike Plaintiff's Claim for Punitive Damages, MOTION to Bifurcate Equitable Claims by Evofem Biosciences, Inc.. Responses due by 4/11/2022 (Kaplan, Kevin)
March 28, 2022	Filing 196 MOTION in Limine by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kaplan, Kevin)
March 28, 2022	Filing 195 PAPERLESS Order setting a Telephone Discovery Hearing for 3/29/2022 at 3:30 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 3/28/2022. (hk02)
March 2, 2022	Filing 194 Notice of Supplemental Authority re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing Notice of Supplemental Authority in Support of Defendant's Motion for Summary Judgment by Evofem Biosciences, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Kaplan, Kevin)
February 7, 2022	Filing 193 NOTICE by TherapeuticsMD, Inc. re 192 Order,,, Joint Notice Regarding Pending Daubert and Summary Judgment Motions and Their Related Filings (Bain, Joseph)
February 2, 2022	Filing 192 PAPERLESS ORDER directing the parties to file a joint notice listing the pending Daubert motions and summary judgment motions along with the corresponding docket entries of both the unsealed/redacted filings and the sealed versions. This list shall include every filing associated with each motion and identify the party filing it and the type of filing (e.g.: response in opposition, reply papers, statement of facts, statement of additional facts, exhibits, etc.). Each filing must identify the docket entries (both sealed and unsealed versions). Counsel shall indicate on the list whether a publicly-available filing contains any redactions and identify which documents are only available under seal along with the corresponding sealed docket entry. Signed by Magistrate Judge Bruce E. Reinhart on 2/2/2022. (hk02)
January 26, 2022	Filing 191 ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Pretrial, Non-Dispositive Matters. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2022. See attached document for full details. (ls)
January 14, 2022	SYSTEM ENTRY - Docket Entry 190 [misc] restricted/sealed until further notice. (642535)
January 13, 2022	Filing 189 PAPERLESS ORDER Granting Plaintiff's Motion to Seal ECF No. #179 . Plaintiff is authorized to file unredacted versions of its Daubert Reply and Exhibit S thereto under seal. Plaintiff shall file redacted versions of the filings on the public CM/ECF docket. The unredacted versions of the filings shall remain under seal until further order from this Court. Signed by Judge Rodolfo A. Ruiz, II on 1/13/2022. (gp)
January 13, 2022	SYSTEM ENTRY - Docket Entry 188 [misc] restricted/sealed until further notice. (642535)
January 12, 2022	SYSTEM ENTRY - Docket Entry 185 [misc] restricted/sealed until further notice. (647140)
January 12, 2022	SYSTEM ENTRY - Docket Entry 186 [misc] restricted/sealed until further notice. (647140)
January 12, 2022	SYSTEM ENTRY - Docket Entry 187 [misc] restricted/sealed until further notice. (647140)
January 11, 2022	Filing 184 PAPERLESS ORDER Granting Plaintiff's Motion to File Under Seal ECF No. #175 . Plaintiff may file its Reply in Support of its Motion for Partial Summary Judgment and Reply to Evofem's Opposing Statement of Material Facts and Statement of Additional Facts under seal. Plaintiff shall file redacted versions of the documents on the public CM/ECF docket. The unredacted versions of the filings shall remain under seal until further order from this Court. Signed by Judge Rodolfo A. Ruiz, II on 1/11/2022. (gp)
January 11, 2022	Filing 183 REPLY to Response to Motion re #111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses filed by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit Q (to be filed separately under seal))(Kaplan, Kevin)
January 11, 2022	Filing 182 REPLY to #149 Response/Reply (Other) TherapeuticsMD's Statement of Material Facts in Response to Evofem's Statement of Undisputed Facts by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit 32, #2 Exhibit 33 (to be filed separately under seal), #3 Exhibit 34, #4 Exhibit 35)(Kaplan, Kevin)
January 11, 2022	Filing 181 REPLY to Response to Motion re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing (redacted) filed by Evofem Biosciences, Inc.. (Kaplan, Kevin)
January 11, 2022	Filing 180 REPLY to #116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law in Support (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)
January 11, 2022	Filing 179 Unopposed MOTION to Seal TherapeuticsMD's Reply in Support of its Omnibus Daubert Motion to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law and Exhibit S thereto per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion to File Under Seal) (Bain, Joseph)
January 11, 2022	Filing 178 NOTICE by TherapeuticsMD, Inc. of Filing Exhibits to its Reply in Support of Daubert Motion (Attachments: #1 Exhibit Q - Carter Dep. Excerpts, #2 Exhibit R - Anderson Dep. Excerpts, #3 Exhibit S (Redacted - to be filed under seal) - Glennon Dep. Excerpts, #4 Exhibit T - Swann Kilpatrick Attorney Profile, #5 Exhibit U - Anderson Rept Doc 45 - Bial and Sepracor, #6 Exhibit V - Anderson Rept Doc 46 - Wright Medical Tech and KCI Medical Resources) (Bain, Joseph)
January 11, 2022	Filing 177 REPLY to #118 MOTION for Partial Summary Judgment in Support (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)
January 11, 2022	Filing 176 REPLY to Evofem's Opposing Statement of Material Facts and Statement of Additional Facts (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)
January 11, 2022	Filing 175 Unopposed MOTION to Seal TherapeuticsMD's Reply in Support of its Motion for Partial Summary Judgment and TherapeuticsMD's Reply to Evofem's Opposing Statement of Material Facts and Statement of Additional Facts per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion to File Under Seal) (Bain, Joseph)
January 11, 2022	Filing 174 PAPERLESS ORDER Granting Defendant's Motion to File Under Seal ECF No. #173 . Defendant may file under seal unredacted versions of its Reply in Support of its Daubert Motion to Exclude Plaintiff's Expert Witnesses, along with Exhibit Q thereto, and Reply Memorandum of Law in Further Support of its Motion for Summary Judgment and an unredacted version of Defendant's Reply to TXMD's Statement of Material Facts, along with Exhibit 33 thereto within one (1) day of the date of entry of this Order. The unredacted documents are to remain under seal until further order of the Court. Signed by Judge Rodolfo A. Ruiz, II on 1/11/2022. (gp)
January 11, 2022	Filing 173 UNOPPOSED MOTION to File Under Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kaplan, Kevin) Modified text on 1/12/2022 (kpe).
January 11, 2022	SYSTEM ENTRY - Docket Entry 172 [misc] restricted/sealed until further notice. (647140)
January 7, 2022	Filing 171 PAPERLESS ORDER Granting Joint Motion to Exceed Pages ECF No #169 . The Parties' replies in support of their Daubert motions and motions for summary judgment shall not exceed fifteen (15) pages in total length. Signed by Judge Rodolfo A. Ruiz, II on 1/7/2022. (jb)
January 7, 2022	Filing 170 PAPERLESS ORDER Granting Defendant's Unopposed Motion to Strike ECF No. #168 . Defendant's Partial Motion for Summary Judgment (ECF No. 139) and its Opposing Statement of Material Facts (ECF No. 140) are STRICKEN. Defendant shall file redacted versions of the documents on or before January 11, 2022. Signed by Judge Rodolfo A. Ruiz, II on 1/7/2022. (jb)
January 7, 2022	Filing 169 Joint MOTION for Leave to File Excess Pages Joint Motion for Five Additional Pages for Replies in Support of Daubert Motions and Motions for Summary Judgment by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin)
January 7, 2022	Filing 168 Unopposed MOTION to Strike #140 Response/Reply (Other),,,,, #139 Response in Opposition to Motion Defendant's Unopposed Motion to Strike and File Redacted Versions of ECF Nos. 139 and 140 by Evofem Biosciences, Inc.. Responses due by 1/21/2022 (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin)
December 30, 2021	Filing 165 CORRECTED RESPONSE in Opposition re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing , #154 Unopposed MOTION to Amend/Correct #148 Response in Opposition to Motion, TherapeuticsMD's Corrected Opposition to Evofem's Motion for Summary Judgment (redacted) filed by TherapeuticsMD, Inc.. Replies due by 1/6/2022. (Bain, Joseph) Text Modified on 12/30/2021 (amb).
December 30, 2021	Filing 163 Clerks Notice to Filer re 162 SEALED MOTION. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was corrected by the Clerk. It is not necessary to refile this document. (nc)
December 30, 2021	SYSTEM ENTRY - Docket Entry 164 [misc] restricted/sealed until further notice. (642535)
December 30, 2021	SYSTEM ENTRY - Docket Entry 167 [misc] restricted/sealed until further notice. (642535)
December 30, 2021	SYSTEM ENTRY - Docket Entry 166 [misc] restricted/sealed until further notice. (642535)
December 29, 2021	SYSTEM ENTRY - Docket Entry 162 [motion] restricted/sealed until further notice. (647140)
December 29, 2021	SYSTEM ENTRY - Docket Entry 161 [misc] restricted/sealed until further notice. (647140)
December 28, 2021	Filing 160 ORDER granting #147 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. See attached document for full details. (gp)
December 28, 2021	Filing 159 ORDER granting #144 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. See attached document for full details. (gp)
December 28, 2021	Filing 158 ORDER granting #142 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. See attached document for full details. (gp)
December 28, 2021	Reset Deadline per DE #157 as to #118 MOTION for Partial Summary Judgment . Plaintiff Corrected Opposition due by 12/31/2021. (scn)
December 28, 2021	Filing 157 PAPERLESS ORDER Granting Plaintiff's Unopposed Motion to Amend/Correct. ECF No. #154 . Plaintiff shall file its Corrected Opposition to Defendant's Motion For Summary Judgment (ECF No. #118 ) on or before December 31, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. (jb)
December 28, 2021	Filing 156 PAPERLESS ORDER Granting Plaintiff's Unopposed Motion to Strike. ECF No. #153 . Plaintiff's Reply in Support of its Motion to Strike Defendant's Fourth Affirmative Defense of Unclean Hands (ECF No. #143 ) is STRICKEN. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. (jb)
December 28, 2021	Filing 155 PAPERLESS ORDER Granting Plaintiff's Unopposed Motion for Extension of Time. ECF No. #152 . Plaintiff's Notice of Filing Exhibits A-Z (ECF No. #150 at 12:30 a.m. on December 24, 2021) and second Notice of Filing Exhibits AA-XX (ECF No. #151 at 12:47 a.m. on December 24, 2021) to its Opposition Statement of Material Facts (ECF No. #149 ) are deemed timely filed. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. (jb)
December 28, 2021	Filing 154 Unopposed MOTION to Amend/Correct #148 Response in Opposition to Motion, by TherapeuticsMD, Inc.. Responses due by 1/11/2022 (Attachments: #1 Exhibit 1 - (Redacted) Corrected Opposition to Evofem's Motion for Summary Judgment, #2 Text of Proposed Order Granting TherapeuticsMD's Unopposed Motion for Leave to File a to Evofem's Motion for Summary Judgment)(Bain, Joseph)
December 28, 2021	Filing 153 Unopposed MOTION to Strike #143 Reply to Response to Motion, by TherapeuticsMD, Inc.. Responses due by 1/11/2022 (Attachments: #1 Text of Proposed Order Granting TherapeuticsMD's Unopposed Motion to Strike ECF No. 143)(Bain, Joseph)
December 28, 2021	Filing 152 Unopposed MOTION for Extension of Time (One-Hour) to File Exhibits in Support of Opposition Statement of Material Facts re #151 Notice (Other),,,, #149 Response/Reply (Other), #150 Notice (Other),,,, by TherapeuticsMD, Inc.. Responses due by 1/11/2022 (Attachments: #1 Exhibit 1 - Declaration of Ginger Bennett, #2 Text of Proposed Order Granting TherapeuticsMD's Unopposed Motion for a One-Hour Extension of Time to File Exhibits)(Bain, Joseph)
December 24, 2021	Filing 151 NOTICE by TherapeuticsMD, Inc. re #149 Response/Reply (Other) of Filing Exhibits AA-XX to Its Statement of Material Facts in Response to Evofem's Statement of Undisputed Facts (Attachments: #1 Exhibit AA - Redacted, #2 Exhibit BB - Redacted, #3 Exhibit CC - Redacted, #4 Exhibit DD - Redacted, #5 Exhibit EE- Redacted, #6 Exhibit FF - Redacted, #7 Exhibit GG - Redacted, #8 Exhibit HH - Redacted, #9 Exhibit II - Redacted, #10 Exhibit JJ - Redacted, #11 Exhibit KK - Redacted, #12 Exhibit LL - Redacted, #13 Exhibit MM - Redacted, #14 Exhibit NN - Redacted, #15 Exhibit OO - Redacted, #16 Exhibit PP - Redacted, #17 Exhibit QQ - TXMD Response to Evofem ROG 9, #18 Exhibit RR - Redacted, #19 Exhibit SS - PHEXXI Certificate of Registration, #20 Exhibit TT - PHEXXI Statement of Use and Specimen, #21 Exhibit UU - tmep-1400, #22 Exhibit VV - Vanderhart Decl., #23 Exhibit WW - Wind Decl., #24 Exhibit XX - Disner Decl.) (Bain, Joseph)
December 24, 2021	Filing 150 NOTICE by TherapeuticsMD, Inc. re #149 Response/Reply (Other) of Filing Exhibits A-Z to Its Statement of Material Facts in Response to Evofem's Statement of Undisputed Facts (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Exhibit C - Redacted, #4 Exhibit D - Redacted, #5 Exhibit E - 2021-08-25 Evofem's Notice of Taking Depo of TXMD, #6 Exhibit F - Redacted, #7 Exhibit G - Disner Depo Excerpts, #8 Exhibit H - Redacted, #9 Exhibit I - Redacted, #10 Exhibit J - Redacted, #11 Exhibit K - Email re canceling depos, #12 Exhibit L - Redacted, #13 Exhibit M - Dr. Barrett Decl, #14 Exhibit N - Redacted, #15 Exhibit O - Redacted, #16 Exhibit P - Redacted, #17 Exhibit Q - Redacted, #18 Exhibit R - Redacted, #19 Exhibit S - Redacted, #20 Exhibit T - TXMD000003, #21 Exhibit U - Redacted, #22 Exhibit V - Dr. Disner Expert Report, #23 Exhibit W - Redacted, #24 Exhibit X - TXMD Fifth Amended Initial Disclosures, #25 Exhibit Y - Redacted, #26 Exhibit Z - Redacted) (Bain, Joseph)
December 23, 2021	Filing 149 REPLY to #113 Statement,,,,,,, of Material Facts in Response to Evofem's Statement of Undisputed Facts by TherapeuticsMD, Inc.. (Bain, Joseph)
December 23, 2021	Filing 148 RESPONSE in Opposition re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing TherapeuticsMD's Opposition to Evofem's Motion for Summary Judgment filed by TherapeuticsMD, Inc.. Replies due by 12/30/2021. (Bain, Joseph)
December 23, 2021	Filing 147 Unopposed MOTION to Seal Unopposed Motion to File Under Seal TherapeuticsMD's Opposition to Evofem's Motion for Summary Judgment, TherapeuticsMD's Statement of Material Facts in Response to Evofem's Statement of Undisputed Facts, and Exhibits A, B, C, D, F, H, I, J, L, N, O, P, Q, R, S, U, W, Y, Z, AA, BB, CC, DD, EE, FF, GG, HH, II, JJ, KK, LL, MM, NN, OO, PP, and RR per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order) (Leonard, Patricia)
December 23, 2021	Filing 146 RESPONSE in Opposition re #111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses TherapeuticsMD's Opposition to Evofem's Daubert Motion to Exclude TherapeuticsMD's Experts filed by TherapeuticsMD, Inc.. Replies due by 12/30/2021. (Attachments: #1 Exhibit 1 - Appendix A - Resume, #2 Exhibit 2 - (Redacted), #3 Exhibit 3 - (Redacted), #4 Exhibit 4 - Appendix C1, #5 Exhibit 5 - Wind Supplemental Report, #6 Exhibit 6 - (Redacted), #7 Exhibit 7 - (Redacted, #8 Exhibit 8 - Neal Excerpts, #9 Exhibit 9 - (Redacted), #10 Exhibit 10 - Excerpts from Appx. C1-2, #11 Exhibit 11 - Excerpts from Appx. C1-3, #12 Exhibit 12 - Excerpts from Appx. D1-2, #13 Exhibit 13 - Excerpts from Appx. D1-3, #14 Exhibit 14 - (Redacted), #15 Exhibit 15 - (Redacted), #16 Exhibit 16 - (Redacted), #17 Exhibit 17 - Carter Excerpts, #18 Exhibit 18 - Expert Rebuttal Report of Dr. D. DeLeon, #19 Exhibit 19 - Dr. Disner Expert Report, #20 Exhibit 20 - (Redacted), #21 Exhibit 21 - (Redacted), #22 Exhibit 22 - Disner Excerpts, #23 Exhibit 23 - Vanderhart Decl, #24 Exhibit 24 - Wind Decl, #25 Exhibit 25 - Disner Decl)(Bain, Joseph)
December 23, 2021	Filing 145 Corrected REPLY to Response to Motion re #124 MOTION to Strike Evofem's Fourth Affirmative Defense of Unclean Hands TherapeuticsMD's Corrected Reply in Support of Its Motion to Strike Evofem's Fourth Affirmative Defense of Unclean Hands filed by TherapeuticsMD, Inc.. (Bain, Joseph)
December 23, 2021	Filing 144 Unopposed MOTION to Seal Motion to File Under Seal TherapeuticsMD's Opposition to Evofem's Daubert Motion to Exclude TherapeuticsMD's Experts and Exhibits 2, 3, 6, 7, 9, 14, 15, 16, 20, and 21 per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order) (Leonard, Patricia)
December 23, 2021	Filing 143 (STRICKEN PER DE#156) REPLY to Response to Motion re #124 MOTION to Strike Evofem's Fourth Affirmative Defense of Unclean Hands TherapeuticsMD's Reply in Support of Its Motion to Strike Evofem's Fourth Affirmative Defense of Unclean Hands filed by TherapeuticsMD, Inc.. (Bain, Joseph) Text Modified on 12/29/2021 (scn).
December 23, 2021	Filing 142 Unopposed MOTION to Seal (i) unredacted version of DE141; (ii) Exhs. C & D to DE141 and (iii) Exhs. 2, 7-9, 11-24, 26, 28, 28, 30 & 33 to DE140 per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kaplan, Kevin)
December 23, 2021	Filing 141 RESPONSE in Opposition re #116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law filed by Evofem Biosciences, Inc.. Replies due by 12/30/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - TO BE FILED UNDER SEAL, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F - TO BE FILED UNDER SEAL, #7 Exhibit G, #8 Exhibit H)(Kaplan, Kevin)
December 23, 2021	Filing 140 "STRICKEN" RESPONSE to #119 Statement, Opposing Statement of Material Facts on TXMD's Motion for Summary Judgment by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit 01, #2 Exhibit 02 - TO BE FILED UNDER SEAL, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07 - TO BE FILED UNDER SEAL, #8 Exhibit 08 - TO BE FILED UNDER SEAL, #9 Exhibit 09 - TO BE FILED UNDER SEAL, #10 Exhibit 10, #11 Exhibit 11 - TO BE FILED UNDER SEAL, #12 Exhibit 12 - TO BE FILED UNDER SEAL, #13 Exhibit 13 - TO BE FILED UNDER SEAL, #14 Exhibit 14 - TO BE FILED UNDER SEAL, #15 Exhibit 15 - TO BE FILED UNDER SEAL, #16 Exhibit 16 - TO BE FILED UNDER SEAL, #17 Exhibit 17 - TO BE FILED UNDER SEAL, #18 Exhibit 18 - TO BE FILED UNDER SEAL, #19 Exhibit 19 - TO BE FILED UNDER SEAL, #20 Exhibit 20 - TO BE FILED UNDER SEAL, #21 Exhibit 21 - TO BE FILED UNDER SEAL, #22 Exhibit 22 - TO BE FILED UNDER SEAL, #23 Exhibit 23 - TO BE FILED UNDER SEAL, #24 Exhibit 24 - TO BE FILED UNDER SEAL, #25 Exhibit 25, #26 Exhibit 26 - TO BE FILED UNDER SEAL, #27 Exhibit 27, #28 Exhibit 28 - TO BE FILED UNDER SEAL, #29 Exhibit 29, #30 Exhibit 30 - TO BE FILED UNDER SEAL, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33 - TO BE FILED UNDER SEAL)(Kaplan, Kevin) Modified on 1/10/2022 (ls). (per DE #170)
December 23, 2021	Filing 139 "STRICKEN" RESPONSE in Opposition re #118 MOTION for Partial Summary Judgment filed by Evofem Biosciences, Inc.. Replies due by 12/30/2021. (Kaplan, Kevin) Modified on 1/10/2022 (ls). (per DE #170)
December 17, 2021	Filing 138 PAPERLESS Order Granting Plaintiff's Motion to Exceed Page Limit. ECF No. #137 . Plaintiff's opposition memoranda to Defendant's Motion for Summary Judgment and Daubert Motion shall not exceed 25 pages. Signed by Judge Rodolfo A. Ruiz, II on 12/17/2021. (jb)
December 17, 2021	Filing 137 MOTION for Leave to File Excess Pages by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting TherapeuticsMD's Motion to Exceed Page Limits)(Leonard, Patricia)
December 16, 2021	Filing 136 RESPONSE in Opposition re #124 MOTION to Strike Evofem's Fourth Affirmative Defense of Unclean Hands filed by Evofem Biosciences, Inc.. Replies due by 12/23/2021. (Kaplan, Kevin)
December 14, 2021	Filing 135 ANSWER to Counterclaim by TherapeuticsMD, Inc.. (Bain, Joseph)
December 13, 2021	Filing 134 PAPERLESS ORDER Granting Defendant's Motion for Extension of Time. ECF No. #132 . Defendant shall file its opposition to Plaintiffs' Omnibus Daubert Motion to Exclude Certain Testimony of Defendant's Experts, ECF No. #116 , and Motion for Partial Summary Judgment, ECF No. #118 , on or before December 23, 2021. Additionally, Defendant shall file replies to its Omnibus Daubert Motion to Exclude Certain Testimony of Defendant's Experts, ECF No. #116 , and Motion for Partial Summary Judgment, ECF No. #118 , on or before January 11, 2022. Signed by Judge Rodolfo A. Ruiz, II on 12/13/2021. (jb03)
December 13, 2021	Filing 133 NOTICE of Attorney Appearance by Dorothy Camille Kafka on behalf of Evofem Biosciences, Inc.. Attorney Dorothy Camille Kafka added to party Evofem Biosciences, Inc.(pty:dft). (Kafka, Dorothy)
December 13, 2021	Filing 132 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 131 Order on Motion for Extension of Time,, Defendant Evofem's Unopposed Motion for Corresponding Extension of Time to File Briefs by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin)
December 10, 2021	Reset Deadlines as to #111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses, #112 MOTION for Summary Judgment, MOTION for Hearing (Responses due by 12/23/2021); as to #118 MOTION for Partial Summary Judgment, #116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law (Replies due by 1/11/2022). (per DE #131) (ls)
December 10, 2021	Filing 131 PAPERLESS ORDER Granting Plaintiff's Motion for Extension of Time. ECF No. #130 . Plaintiff shall file its opposition to Defendant's Daubert Motion to Exclude Plaintiff's Expert Witnesses #111 and opposition to Defendant's Motion for Summary Judgment #112 on or before December 23, 2021. Additionally, Plaintiff shall file replies to its Omnibus Daubert Motion to Exclude Certain Testimony of Defendant's Experts #116 and Motion for Partial Summary Judgment #118 on or before January 11, 2022. Signed by Judge Rodolfo A. Ruiz, II on 12/10/2021. (jb03)
December 10, 2021	Filing 130 Plaintiff's MOTION for Extension of Time to File Opposition and Reply Briefs re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing , #116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law , #111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses , #118 MOTION for Partial Summary Judgment by TherapeuticsMD, Inc.. Responses due by 12/27/2021 (Attachments: #1 Text of Proposed Order)(Bain, Joseph)
December 6, 2021	Set/Reset Deadlines/Hearings: Pretrial Stipulation due by 3/28/2022. Calendar Call set for 5/3/2022 at 11:00 AM before Judge Rodolfo A. Ruiz II. Jury Trial set for 5/9/2022 before Judge Rodolfo A. Ruiz II. SEE DE 129 ORDER (ail) Text Modified on 12/6/2021 (ail).
December 5, 2021	Filing 129 PAPERLESS ORDER Amending Previous Scheduling Orders and Resetting Trial. Upon sua sponte review of the Court's current trial schedule, the Court's previous Scheduling Orders, ECF Nos. #22 , 98 , and #103 , are hereby amended as follows:This Case is re-set for trial during the Court's two-week trial period beginning on May 9, 2022.The parties shall also appear at a calendar call at 11:00 A.M. on May 3, 2022. Joint pre-trial stipulation, proposed jury instructions and verdict form, or proposed findings of fact and conclusions of law, and motions in limine shall be filed on or before March 28, 2022.Opposition to motions in limine shall be filed on or before April 11, 2022.Replies to motions in limine shall be filed on or before April 18, 2022. Signed by Judge Rodolfo A. Ruiz, II on 12/5/2021. (jb) Modified on 12/6/2021 (gp).
December 3, 2021	SYSTEM ENTRY - Docket Entry 125 [misc] restricted/sealed until further notice. (647140)
December 3, 2021	SYSTEM ENTRY - Docket Entry 126 [motion] restricted/sealed until further notice. (647140)
December 3, 2021	SYSTEM ENTRY - Docket Entry 128 [misc] restricted/sealed until further notice. (642535)
December 3, 2021	SYSTEM ENTRY - Docket Entry 127 [misc] restricted/sealed until further notice. (642535)
December 2, 2021	Filing 124 MOTION to Strike Evofem's Fourth Affirmative Defense of Unclean Hands by TherapeuticsMD, Inc.. Responses due by 12/16/2021 (Bain, Joseph)
December 2, 2021	Filing 123 TRANSCRIPT of Official Electronic Sound Recording of Proceedings held on 9/17/2021 before Magistrate Judge Bruce E. Reinhart, 1 - 51 pages, Court Reporter/Transcriber: James Pence-Aviles, 305-523-5633 / James_PenceAviles@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 12/23/2021. Redacted Transcript Deadline set for 1/3/2022. Release of Transcript Restriction set for 3/2/2022. (jps)
December 1, 2021	Filing 122 ORDER granting #117 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/1/2021. See attached document for full details. (gp)
December 1, 2021	Filing 121 ORDER granting #115 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/1/2021. See attached document for full details. (gp)
December 1, 2021	Filing 120 ORDER granting #114 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/1/2021. See attached document for full details. (gp)
November 30, 2021	Filing 119 Statement of: Material Facts in Support of TherapeuticsMD's Motion for Partial Summary Judgment by TherapeuticsMD, Inc. re #118 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A (Redacted), #2 Composite Exhibit B (Redacted), #3 Exhibit C, #4 Exhibit D (Redacted), #5 Exhibit E (Redacted), #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J (Redacted))(Bain, Joseph)
November 30, 2021	Filing 118 MOTION for Partial Summary Judgment by TherapeuticsMD, Inc.. Responses due by 12/14/2021 (Attachments: #1 Text of Proposed Order Granting TherapeuticsMD's Motion for Partial Summary Judgment)(Bain, Joseph)
November 30, 2021	Filing 117 Plaintiff's MOTION to Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order) (Bain, Joseph)
November 30, 2021	Filing 116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Bain, Joseph) Modified Text on 12/1/2021 (ls).
November 30, 2021	Filing 115 MOTION to Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Bain, Joseph)
November 30, 2021	Filing 114 MOTION to Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kaplan, Kevin)
November 30, 2021	Filing 113 Statement of: Undisputed Facts Defendant Evofem Biosciences, Inc's Statement of Undisputed Facts by Evofem Biosciences, Inc. re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing (Attachments: #1 Ex 1 - FILED UNDER SEAL, #2 Ex 2 - FILED UNDER SEAL, #3 Ex 3 - FILED UNDER SEAL, #4 Ex 4 - Center for Drug Evaluation and Research Proprietary Name Review, #5 Ex 5- FILED UNDER SEAL, #6 Ex 6 - CompuMark Trademark Research Report, #7 Ex 7 - Evofem's Responses to TherapeuticsMD's Interrogatories (Set One) (Nos. 1-15), #8 Ex 8 - TXMD's Response to Evofem's First Set of Interrogatories 20210519_Final, #9 Ex 9 - Expert Report of David Neal Ph.D., #10 Ex 10 - Expert Rebuttal Report of David Neal, #11 Ex 11 - EVOFEM_102663, #12 Ex 12 - Wind Rebuttal Report 2021-10-05, #13 Ex 13 - FILED UNDER SEAL, #14 Ex 14 - FILED UNDER SEAL, #15 Ex 15 - FILED UNDER SEAL, #16 Ex 16 - FILED UNDER SEAL, #17 Ex 17 - FILED UNDER SEAL, #18 Ex 18 - FILED UNDER SEAL, #19 Ex 19 - FILED UNDER SEAL, #20 Ex 20 - Letters from Evofem Counsel to TXMD Counsel, #21 Ex 21 - FILED UNDER SEAL, #22 Ex 22 - FILED UNDER SEAL, #23 Ex 23 - FILED UNDER SEAL, #24 Ex 24 - TXMD Fourth Amended Initial Disclosure, #25 Ex 25 - 2021-10-18 TXMD's Second Supplemental Response to Evofem's Second Set of Interrogatories 16-17, #26 Ex 26 - FILED UNDER SEAL, #27 Ex 27 - TXMD's First Supplemental Response to Evofem's First Set of Interrogatories 6, 8, 12-15 and 18, #28 Ex 28 - Anderson Rebuttal Report, #29 Ex 29 - Brown Depo. Excerpts, #30 Ex 30 - IMVEXXY Prosecution History, #31 Ex 31 - transcript of 09.17.21 hrg before Magistrate Reinhart)(Kaplan, Kevin)
November 30, 2021	Filing 112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment ( Responses due by 12/14/2021), MOTION for Hearing by Evofem Biosciences, Inc.. (Kaplan, Kevin)
November 30, 2021	Filing 111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit A to be filed separately under seal, #2 Exhibit B to be filed separately under seal, #3 Exhibit C, #4 Exhibit D to be filed separately under seal, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K to be filed separately under seal, #12 Exhibit L to be filed separately under seal, #13 Exhibit M to be filed separately under seal, #14 Exhibit N to be filed separately under seal, #15 Exhibit O, #16 Exhibit P)(Kaplan, Kevin)
November 23, 2021	Filing 110 ANSWER and Affirmative Defenses to Amended Complaint by Evofem Biosciences, Inc.. (Kaplan, Kevin)
November 22, 2021	Filing 109 NOTICE of Attorney Appearance by Paul Joseph Schwiep on behalf of Evofem Biosciences, Inc.. Attorney Paul Joseph Schwiep added to party Evofem Biosciences, Inc.(pty:cc), Attorney Paul Joseph Schwiep added to party Evofem Biosciences, Inc.(pty:dft), Attorney Paul Joseph Schwiep added to party Evofem Biosciences, Inc.(pty:cc), Attorney Paul Joseph Schwiep added to party Evofem Biosciences, Inc.(pty:cc). (Schwiep, Paul)
November 19, 2021	Filing 108 ORDER PROVIDING INSTRUCTIONS FOR JURY TRIAL. Signed by Judge Rodolfo A. Ruiz, II on 11/19/2021. See attached document for full details. (scn)
November 17, 2021	Filing 107 ORDER granting #106 Motion to Withdraw as Attorney. James Alexander Stepan representing Evofem Biosciences, Inc. (Defendant) and Evofem Biosciences, Inc. (Counter Claimant) and Evofem Biosciences, Inc. (Counter Claimant); and Evofem Biosciences, Inc. (Counter Claimant); withdrawn from case. Signed by Judge Rodolfo A. Ruiz, II on 11/17/2021. See attached document for full details. (scn)
November 17, 2021	Filing 106 Unopposed MOTION to Withdraw as Attorney by James A. Stepan for / by Evofem Biosciences, Inc.. Responses due by 12/1/2021 (Attachments: #1 Text of Proposed Order granting motion to withdraw)(Stepan, James)
November 17, 2021	Filing 105 NOTICE of Attorney Appearance by Robert Kent Burlington on behalf of Evofem Biosciences, Inc.. Attorney Robert Kent Burlington added to party Evofem Biosciences, Inc.(pty:cc), Attorney Robert Kent Burlington added to party Evofem Biosciences, Inc.(pty:dft), Attorney Robert Kent Burlington added to party Evofem Biosciences, Inc.(pty:cc), Attorney Robert Kent Burlington added to party Evofem Biosciences, Inc.(pty:cc). (Burlington, Robert)
November 17, 2021	Filing 104 NOTICE of Attorney Appearance by Kevin Crow Kaplan on behalf of Evofem Biosciences, Inc.. Attorney Kevin Crow Kaplan added to party Evofem Biosciences, Inc.(pty:cc), Attorney Kevin Crow Kaplan added to party Evofem Biosciences, Inc.(pty:dft), Attorney Kevin Crow Kaplan added to party Evofem Biosciences, Inc.(pty:cc), Attorney Kevin Crow Kaplan added to party Evofem Biosciences, Inc.(pty:cc). (Kaplan, Kevin)
November 9, 2021	Filing 103 ORDER granting #101 Motion for Extension of Time. Signed by Judge Rodolfo A. Ruiz, II on 11/9/2021. See attached document for full details. (jb)
November 9, 2021	Filing 102 ORDER Adopting #99 Report and Recommendations on #43 Motion to Dismiss for Failure to State a Claim, filed by Evofem Biosciences, Inc., Signed by Judge Rodolfo A. Ruiz, II on 11/9/2021. See attached document for full details. (jb)
November 9, 2021	Filing 101 Joint MOTION for Extension of Time extend pretrial deadlines re 98 Order on Motion for Extension of Time,,, by Evofem Biosciences, Inc.. Responses due by 11/23/2021 (Attachments: #1 Text of Proposed Order extending pretrial deadlines)(Stepan, James)
October 28, 2021	Filing 100 FINAL MEDIATION REPORT by the Parties jointly. Disposition: Case did not settle.(Bain, Joseph)
October 21, 2021	Filing 99 REPORT AND RECOMMENDATION re #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint filed by Evofem Biosciences, Inc. Recommending the motion be denied. Objections to R&R due by 11/4/2021. Signed by Magistrate Judge Bruce E. Reinhart on 10/21/2021. See attached document for full details. (scn)
October 19, 2021	Filing 98 PAPERLESS ORDER Granting Joint Motion for Extension of Time/Case Deadlines [ECF No. 97]. The Courts Scheduling Order [ECF No. 22] is hereby amended as follows:Pre-trial motions, including motions for summary judgment and Daubert motions, shall be filed on or before November 16, 2021. Opposition to pretrial motions shall be filed on or before November 30, 2021. Replies to pretrial motions shall be filed on or before December 7, 2021. Joint pre-trial stipulation, proposed jury instructions and verdict form, or proposed findings of fact and conclusions of law, and motions in limine shall be filed on or before December 14, 2021.Opposition to motions in limine shall be filed on or before January 11, 2022.Replies to motions in limine shall be filed on or before January 18, 2022. Signed by Judge Rodolfo A. Ruiz, II on 10/19/2021. (jb)
October 18, 2021	Filing 97 Joint MOTION for Extension of Time/Case Deadlines by Evofem Biosciences, Inc.. Responses due by 11/1/2021 (Attachments: #1 Text of Proposed Order) (Stepan, James)
October 4, 2021	Filing 96 PAPERLESS ORDER Granting Defendant's Motion to Extend Deadline for Rebuttal Expert Witness Reports [ECF No. 90] ("Motion"). The Court has carefully reviewed Defendant's Motion, Plaintiff's Response [ECF No. 94], and Defendant's Reply to the Response [ECF No. 95]. Being fully advised, the Court finds an extension is warranted. Accordingly, Defendant's Motion is GRANTED. Defendant shall file its Rebuttal Expert Witness Reports on or before October 19, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/4/2021. (jb)
October 4, 2021	Filing 95 REPLY to Response to Motion re #90 MOTION for Extension of Time Extend deadline for rebuttal expert witness reports filed by Evofem Biosciences, Inc.. (Stepan, James)
October 4, 2021	Filing 94 RESPONSE in Opposition re #90 MOTION for Extension of Time Extend deadline for rebuttal expert witness reports filed by TherapeuticsMD, Inc.. Replies due by 10/12/2021. (Attachments: #1 Declaration, #2 Exhibit A - Outstanding issues in Evofem's production, #3 Exhibit B - Evofem Biosciences Inc.'s Second Set of Requests for Production to TherapeuticsMD, Inc.)(Bain, Joseph)
October 1, 2021	Filing 93 PAPERLESS ORDER Requiring Plaintiff's Expedited Response to Defendant's Motion for Extension of Time For Rebuttal Expert Witness Reports [ECF No. 90] ("Motion"). Plaintiff shall file a response to Defendant's Motion on or before October 4, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/1/2021. (jb)
October 1, 2021	Reset Deadlines as to #90 MOTION for Extension of Time Extend deadline for rebuttal expert witness reports . Responses due by 10/4/2021 (ls)(per DE #93)
September 30, 2021	Filing 92 Clerks Notice to Filer re #91 Motion for Hearing. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (scn)
September 30, 2021	Filing 91 REQUEST for Hearing by Evofem Biosciences, Inc. and/or Expedited Response to #90 MOTION for Extension of Time Extend deadline for rebuttal expert witness reports Request for hearing and expedited response from Plaintiff by September 30 2021 (Attachments: #1 Exhibit 9-30-21 emails re survey expert and supplement, #2 Exhibit TXMD's First Supplemental Response to Evofem's Second Set of Interrogatories 16 & 17, #3 Text of Proposed Order) (Stepan, James) Event type Modified on 9/30/2021 (scn).
September 28, 2021	Filing 90 MOTION for Extension of Time Extend deadline for rebuttal expert witness reports by Evofem Biosciences, Inc.. Responses due by 10/12/2021 (Attachments: #1 Affidavit Declaration of K. Cormier, #2 Exhibit Declaration Ex A TXMD's Response to Evofem's Second Set of Interrogatories, #3 Exhibit Declaration Ex B Email from D. Randall, #4 Exhibit Declaration Ex C emails with court, #5 Exhibit Declaration Ex D Email exchange re survey, #6 Text of Proposed Order granting extension)(Stepan, James)
September 22, 2021	Filing 89 NOTICE by TherapeuticsMD, Inc. re #87 Order, Joint Statement Concerning the Work-Product Privilege (Tillman, Jodi-Ann)
September 20, 2021	Filing 88 PAPERLESS Order Cancelling the Discovery Status Conference previously scheduled for 9/21/21. The Court held a hearing on 9/17/21 that resolved all outstanding discovery issues. Signed by Magistrate Judge Bruce E. Reinhart on 9/20/2021. (hk02)
September 17, 2021	Filing 87 ORDER memorializing rulings from the bench regarding Rule 30(b)(6) depositions and alleged violations of the confidentiality order. Signed by Magistrate Judge Bruce E. Reinhart on 9/17/2021. See attached document for full details. (hk02)
September 17, 2021	Filing 86 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing re: Docket Entries 70, 79, 80, 82, 85 held on 9/17/2021. Total time in court: 1 hour : 10 minutes. (Digital BER_1_.9.17.2021) (hk02)
September 17, 2021	Filing 84 PAPERLESS ORDER granting #83 Plaintiff's Motion to Seal. Signed by Magistrate Judge Bruce E. Reinhart on 9/17/2021. (hk02)
September 17, 2021	SYSTEM ENTRY - Docket Entry 85 [misc] restricted/sealed until further notice. (1903343)
September 16, 2021	Filing 83 Plaintiff's MOTION To File Under Seal re #82 Supplement by TherapeuticsMD, Inc.. (Bain, Joseph) Modified relief on 9/17/2021 (mc).
September 16, 2021	Filing 82 SUPPLEMENT to #80 Response/Reply (Other), TherapeuticsMD's Supplemental Statement Regarding Outstanding Discovery Disputes (redacted) by TherapeuticsMD, Inc. (Attachments: #1 Exhibit K, #2 Exhibit L)(Bain, Joseph)
September 16, 2021	Filing 81 PAPERLESS ORDER notifying counsel that the Court intends to cancel the discovery status conference scheduled for 9/21/21. Therefore, counsel shall be prepared to address ALL discovery disputes at tomorrow's hearing. All position statements must be filed by 5:00 p.m. today. Signed by Magistrate Judge Bruce E. Reinhart on 9/16/2021. (hk02)
September 15, 2021	Filing 80 RESPONSE to #79 Notice (Other),, TherapeuticsMD's Response to Evofem's Discovery Disputes by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Bain, Joseph)
September 15, 2021	Filing 79 NOTICE by Evofem Biosciences, Inc. re 78 Order, Evofem's Statement Re Noticed Discovery Disputes (Attachments: #1 Exhibit TXMDs Objections and Responses to Evofem_s 30(b)(6) Depo Notice, #2 Exhibit TXMD Second Amended Initial Disclosures, #3 Exhibit TXMD's Response to Evofem's Second Set of Interrogatories, #4 Exhibit Letter Compilation, #5 Exhibit TXMD's Objections to Deposition of Dr. Barrett, #6 Exhibit TXMD Letter re Declarations, #7 Exhibit Evofem - Letter to TXMD re Declarations) (Stepan, James)
September 15, 2021	Filing 78 PAPERLESS ORDER granting the parties' request to file separate memoranda of no more than seven pages each re: the discovery disputes to be addressed at Friday's hearing. Signed by Magistrate Judge Bruce E. Reinhart on 9/15/2021. (hk02)
September 14, 2021	Filing 77 STATUS REPORT JOINT DISCOVERY STATUS REPORT by TherapeuticsMD, Inc. (Bain, Joseph)
September 13, 2021	Filing 76 PAPERLESS Order setting a Telephonic Discovery Hearing for 9/17/2021 at 12:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear using the conference call instructions previously provided. Signed by Magistrate Judge Bruce E. Reinhart on 9/13/2021. (hk02)
September 3, 2021	Filing 75 ORDER MEMORIALIZING DISCOVERY RULINGS (ECF NO. #71 ). Signed by Magistrate Judge Bruce E. Reinhart on 9/3/2021. See attached document for full details. (scn)
September 2, 2021	Filing 74 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing on DE 71 held on 9/2/2021. Total time in court: 42 minutes. (Digital BER_1_9.2.2021) (hk02)
September 1, 2021	Filing 72 PAPERLESS ORDER granting #68 Motion to Seal certain exhibits to the Joint Discovery Memorandum (ECF No. 71). Matters unsealed upon case closing {US0YT}. Signed by Magistrate Judge Bruce E. Reinhart on 9/1/2021. (hk02)
September 1, 2021	Filing 71 NOTICE by TherapeuticsMD, Inc. re 66 Order Setting/Cancelling Hearing,, Terminate Hearings, #67 Notice (Other), (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Composite Exhibit C (redacted), #4 D (redacted)) (Tillman, Jodi-Ann)
September 1, 2021	Filing 70 NOTICE of Striking #67 Notice (Other), filed by TherapeuticsMD, Inc. Joint Discovery Memorandum by TherapeuticsMD, Inc. (Tillman, Jodi-Ann)
September 1, 2021	Filing 69 Clerks Notice to Filer re #67 Notice (Other),. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (scn)
September 1, 2021	SYSTEM ENTRY - Docket Entry 73 [misc] restricted/sealed until further notice. (1903343)
August 31, 2021	Filing 68 Unopposed MOTION to Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion to Seal) (Tillman, Jodi-Ann)
August 31, 2021	Filing 67 (STRICKEN PER DE#70) NOTICE by TherapeuticsMD, Inc. re 66 Order Setting/Cancelling Hearing,, Terminate Hearings, Joint Discovery Memorandum (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Composite Exhibit C (redacted), #4 Exhibit D (redacted)) (Tillman, Jodi-Ann) Text Modified on 9/1/2021 (scn).
August 25, 2021	Filing 66 PAPERLESS Order RESETTING the Telephonic Discovery Hearing previously scheduled for 8/26/21 to 9/2/2021 at 2:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall file their joint memorandum on 8/31/21. Counsel shall appear using the conference call instructions previously provided. Signed by Magistrate Judge Bruce E. Reinhart on 8/25/2021. (hk02)
August 24, 2021	Filing 65 PAPERLESS Order setting a Telephonic Discovery Hearing for 8/26/2021 at 3:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel's joint discovery memorandum shall be filed by noon on 8/25. Counsel shall appear using the telephone conference call instructions previously provided. Signed by Magistrate Judge Bruce E. Reinhart on 8/24/2021. (hk02)
August 23, 2021	Filing 64 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing on Plaintiff's request to exceed deposition limit (DE 60) held on 8/23/2021. For the reasons stated on the record, Plaintiff's motion to take additional depositions is DENIED WITHOUT PREJUDICE TO RENEW. Total time in court: 41 minutes. (Digital BER_1_8.23.2021) (hk02)
August 20, 2021	Filing 62 PAPERLESS ORDER granting #61 Plaintiff's Unopposed Motion to Seal. Matters unsealed upon case closing {US0YT}. Signed by Magistrate Judge Bruce E. Reinhart on 8/20/2021. (hk02)
August 20, 2021	SYSTEM ENTRY - Docket Entry 63 [misc] restricted/sealed until further notice. (1903343)
August 19, 2021	Filing 61 Unopposed MOTION to Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order) (Tillman, Jodi-Ann)
August 19, 2021	Filing 60 NOTICE by TherapeuticsMD, Inc. re 58 Order Setting/Cancelling Hearing,, Set/Reset Hearings, 57 Order Setting/Cancelling Hearing,, Corrected Joint Discovery Memorandum (Attachments: #1 Exhibit A, #2 Exhibit B (Redacted), #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Redacted)) (Tillman, Jodi-Ann)
August 19, 2021	Filing 59 NOTICE by TherapeuticsMD, Inc. re 58 Order Setting/Cancelling Hearing,, Set/Reset Hearings, 57 Order Setting/Cancelling Hearing,, Joint Discovery Memorandum (Attachments: #1 Exhibit A, #2 Exhibit B (Redacted), #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Redacted)) (Tillman, Jodi-Ann)
August 19, 2021	Filing 58 PAPERLESS Order RESETTING Discovery Hearing. Telephonic Discovery hearing currently set for 8/23/2021 at 01:00 PM is RESET for 8/23/2021 at 03:00 PM before Magistrate Judge Bruce E. Reinhart. TIME CHANGE ONLY Signed by Magistrate Judge Bruce E. Reinhart on 8/19/2021. (jgy)
August 18, 2021	Filing 57 PAPERLESS Order setting a Telephonic Discovery Hearing at the request of the parties for Monday, 8/23/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 8/18/2021. (jgy)
August 2, 2021	Filing 56 REPLY to Response to Motion re #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint filed by Evofem Biosciences, Inc.. (Stepan, James)
July 30, 2021	Filing 55 ORDER REFERRING #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint filed by Evofem Biosciences, Inc.. Motions referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 7/30/2021. See attached document for full details. (ls)
July 30, 2021	Filing 54 ORDER Re-Scheduling Mediation before Honorable Andrew J. Guilford ( Mediation Hearing set for 10/21/2021 10:00 AM via Zoom), Granting #53 Joint MOTION to Change the Mediation Date. Signed by Judge Rodolfo A. Ruiz, II on 7/30/2021. See attached document for full details. (ls)
July 26, 2021	Filing 53 Joint MOTION change the mediation date by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order changing the mediation date)(Stepan, James)
July 21, 2021	SYSTEM ENTRY - Docket Entry 52 [misc] restricted/sealed until further notice. (642535)
July 20, 2021	Filing 51 PAPERLESS ORDER granting #49 Plaintiff TherapeuticsMD, Inc.'s Unopposed Motion to File Under Seal ("Motion"). The Court finds that the Motion establishes good cause to seal TherapeuticsMD's Opposition to Defendant Evofem Biosciences, Inc.'s Partial Motion to Dismiss (the "Opposition") and Exhibit B to the Declaration of Ehab Samuel in support of the Opposition. Therefore, the Opposition and Exhibit B containing portions of the confidential deposition transcript of Stewart Brown may be filed under seal and shall remain under seal unless the Court directs otherwise. Signed by Judge Rodolfo A. Ruiz, II on 7/20/2021. (co)
July 19, 2021	Filing 50 RESPONSE in Opposition re #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint filed by TherapeuticsMD, Inc.. Replies due by 7/26/2021. (Attachments: #1 Declaration of Ehab M. Samuel in Support of TherapeuticsMD's Opposition to EvoFem's Partial Motion to Dismiss, #2 Exhibit A - Stewart Nonconfidential Transcript, #3 Exhibit B (redacted) - Stewart Confidential Transcript, #4 Exhibit C - EVOFEM_000026, #5 Exhibit D - EVOFEM_000058, #6 Exhibit E - Statement of Use)(Tillman, Jodi-Ann)
July 19, 2021	Filing 49 Unopposed MOTION to Seal TherapeuticsMD's unredacted Opposition to Defendant's Partial Motion to Dismiss and Exhibit B to the Declaration of Ehab Samuel per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (Tillman, Jodi-Ann)
July 13, 2021	Reset Deadlines as to #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint. Responses due by 7/19/2021 Replies due by 8/2/2021. (ls)(per DE #48)
July 13, 2021	Filing 48 PAPERLESS ORDER granting #46 Stipulated Motion for Extension of Time to File Opposition and Reply Briefs to Evofem's Corrected Partial Motion to Dismiss. Accordingly, Plaintiff TherapeuticsMD shall file its response to the Corrected Partial Motion to Dismiss by July 19, 2021 and Defendant Evofem Biosciences, Inc. shall file its reply by August 2, 2021. Signed by Judge Rodolfo A. Ruiz, II on 7/13/2021. (co)
July 13, 2021	Filing 47 Clerks Notice to Filer re #46 Joint MOTION for Extension of Time to File Opposition and Reply Briefs to Evofem's Corrected Partial Motion to Dismiss re #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM <. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
July 12, 2021	Filing 46 Stipulated Motion for Extension of Time to File Response/Reply/Answer as to #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint by TherapeuticsMD, Inc.. Responses due by 7/26/2021 (Attachments: #1 Text of Proposed Order)(Tillman, Jodi-Ann) Modified Relief on 7/13/2021 (ls).
July 12, 2021	Filing 45 PAPERLESS ORDER denying as moot #42 Evofem Biosciences, Inc.'s Partial Motion to Dismiss in light of #43 Evofem's Corrected Partial Motion to Dismiss. Signed by Judge Rodolfo A. Ruiz, II on 7/12/2021. (co)
July 1, 2021	Filing 44 STIPULATION Regarding Parties' Related Entities by TherapeuticsMD, Inc. (Tillman, Jodi-Ann)
June 28, 2021	Filing 43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint by Evofem Biosciences, Inc.. Responses due by 7/12/2021 (Attachments: #1 Exhibit excerpts from May 28, 2021 deposition of Stewart Brown)(Stepan, James)
June 28, 2021	Filing 42 MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint by Evofem Biosciences, Inc.. Responses due by 7/12/2021 (Attachments: #1 Exhibit excerpts from May 28, 2021 deposition of Stewart Brown)(Stepan, James)
June 23, 2021	Filing 41 STIPULATED ORDER REGARDING DISCOVERY, INCLUDING THE COLLECTION AND PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION. Signed by Magistrate Judge Bruce E. Reinhart on 6/23/2021. See attached document for full details. (scn)
June 22, 2021	Filing 40 Joint MOTION for Protective Order stipulated order regarding discovery, including the collection and production of documents and electronically-stored information by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order)(Stepan, James)
June 22, 2021	Filing 39 PAPERLESS ORDER granting #38 Joint Motion for Protective Order and approving the parties' confidentiality stipulation. Signed by Magistrate Judge Bruce E. Reinhart on 6/22/2021. (hk02)
June 21, 2021	Filing 38 Joint MOTION for Protective Order and Confidentiality by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A - Proposed Confidentiality and Protective Order)(Tillman, Jodi-Ann)
June 15, 2021	Filing 37 First AMENDED COMPLAINT against Evofem Biosciences, Inc. filed in response to Order Granting Motion for Leave, filed by TherapeuticsMD, Inc..(ls)(per DE #36)
June 15, 2021	Set Answer Due Deadline: Evofem Biosciences, Inc. response due 6/28/2021. (ls)(per DE #36)
June 15, 2021	Filing 36 PAPERLESS ORDER granting #34 TherapeuticMD, Inc.'s Motion for Leave to Amend Complaint. TherapeuticsMD, Inc.'s First Amended Complaint is deemed filed as of the date of this Order and Evofem Biosciences, Inc. shall respond to TherapeuticsMD, Inc.'s First Amended Complaint on or before June 28, 2021. Signed by Judge Rodolfo A. Ruiz, II on 6/15/2021. (co)
June 14, 2021	Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #34 Plaintiff's MOTION for Leave to File First Amended Complaint by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order granting extension of time to respond to motion for leave to file amended complaint)(Stepan, James)
June 7, 2021	Filing 34 Plaintiff's MOTION for Leave to File First Amended Complaint by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit 1 - First Amended Complaint with Exhibits A-L, #2 Exhibit 2 - Redline between Complaint and First Amended Complaint, #3 Text of Proposed Order Granting Leave to File First Amended Complaint)(Bain, Joseph)
May 25, 2021	Filing 33 Order Scheduling Mediation. Signed by Judge Rodolfo A. Ruiz, II on 5/25/2021. See attached document for full details. (co)
May 24, 2021	Filing 32 Joint NOTICE of Mediator Selection. and Request for Court Selection of Mediation Date Selected/Added Andrew J. Guilford as Mediator. (Attachments: #1 Text of Proposed Order)(Bain, Joseph)
May 21, 2021	Filing 31 REPLY to #29 Answer to Complaint, Counterclaim by TherapeuticsMD, Inc.. (Bain, Joseph)
May 17, 2021	Filing 30 Joint MOTION for Extension of Time to File Proposed Order Scheduling Mediation by TherapeuticsMD, Inc.. Responses due by 6/1/2021 (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order Granting Joint Motion for Extension of Time)(Tillman, Jodi-Ann)
May 12, 2021	Filing 29 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand, COUNTERCLAIM against TherapeuticsMD, Inc. by Evofem Biosciences, Inc.. (ls)(per DE #28)
May 12, 2021	Reset Answer Due Deadline: TherapeuticsMD, Inc. response due 5/21/2021. (ls)(per DE #28)
May 12, 2021	Filing 28 PAPERLESS ORDER granting #25 Stipulated Joint Motion. Defendant Evofem Biosciences, Inc.'s Second Amended Answer & Counterclaim [ECF No. 25-1], which amends the affirmative defenses, is deemed filed as of the date of this Order and Plaintiff shall respond to Defendant's Counterclaim on or before May 21, 2021. Signed by Judge Rodolfo A. Ruiz, II on 5/12/2021. (co)
May 7, 2021	Filing 27 NOTICE by Evofem Biosciences, Inc. re #25 Stipulated Joint Motion for Leave to File Second Amended Answer and Counterclaim MOTION for Extension of Time to File Response/Reply/Answer as to #19 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand, COUNTERCLAIM of Filing Corrected Exhibit A (Attachments: #1 Exhibit Ex. A Second amended answer, affirmative defenses, and counterclaim, #2 Exhibit Ex. 1 to Counterclaim - NDA Approval Letter, #3 Exhibit Ex. 2 to Counterclaim - FDA Summary Review Packet, #4 Exhibit Ex. 3 to Counterclaim - IMVEXXY Prescribing Information, #5 Exhibit Ex. 4 to Counterclaim - Press Release, #6 Exhibit Ex. 5 to Counterclaim - Phexxy Proporietary Name Review, #7 Exhibit Ex. 6 to Counterclaim - Independent Search Report) (Stepan, James)
May 7, 2021	Filing 26 Clerks Notice to Filer re #25 Joint MOTION to Amend/Correct #1 Complaint, #16 Answer to Complaint,, Counterclaim, 20 Answer to Complaint, Counterclaim, #19 Answer to Counterclaim,,, Stipulated joint motion for leave to file second amended answer & counterclaim and e. 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. (ls)
May 6, 2021	Filing 25 Stipulated Joint Motion for Leave to File Second Amended Answer and Counterclaim by Evofem Biosciences, Inc.. Responses due by 5/20/2021 (Attachments: #1 Exhibit Second amended answer, affirmative defenses, and counterclaim, #2 Exhibit - NDA Approval Letter, #3 Exhibit - FDA Summary Review Packet, #4 Exhibit - IMVEXXY Prescribing Information, #5 Exhibit - Press Release, #6 Exhibit - Phexxy Proporietary Name Review, #7 Exhibit - Independent Search Report, #8 Text of Proposed Order )(Stepan, James) Modified Relief on 5/7/2021 (ls). Added MOTION for Extension of Time to File Response/Reply/Answer as to #19 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand, COUNTERCLAIM on 5/7/2021 (ls).
April 27, 2021	Filing 24 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 4/27/2021. See attached document for full details. (scn)
April 27, 2021	Filing 23 ORDER SETTING DISCOVERY STATUS CONFERENCE: Status Conference Re: Discovery Matters set for 9/21/2021 2:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 4/27/2021. See attached document for full details. (scn)
April 26, 2021	Filing 22 ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 2/14/2022 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 2/8/2022 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 6/7/2021., Discovery due by 10/19/2021., Expert Discovery due by 10/19/2021., Fact Discovery due by 10/19/2021., Joinder of Parties due by 6/7/2021., Mediation Deadline 10/26/2021., In Limine Motions due by 11/30/2021., Dispositive Motions due by 11/2/2021., Motions due by 11/2/2021., Pretrial Stipulation due by 11/30/2021. Mediation Deadline 10/26/2021. ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 4/26/2021. See attached document for full details. (scn) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
April 22, 2021	Filing 21 Clerks Notice to Filer re #19 Answer to Counterclaim,,,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#20]. It is not necessary to refile this document. (ls)
April 21, 2021	Filing 20 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand, COUNTERCLAIM against TherapeuticsMD, Inc. by Evofem Biosciences, Inc.. (ls)(See Image at DE #19)
April 21, 2021	Filing 19 First amended ANSWER to Counterclaim and Affirmative Defenses, Amended COUNTERCLAIM against TherapeuticsMD, Inc. by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit NDA approval letter, #2 Exhibit FDA Summary Review Packet, #3 Exhibit IMVEXXY Prescribing Information, #4 Exhibit Press Release, #5 Exhibit Phexxy Proprietary Name Review, #6 Exhibit Independent search report)(Stepan, James)
April 12, 2021	Filing 18 PAPERLESS ORDER granting [14,15] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Andrew D. Skale and Kara M. Cormier, respectively. Signed by Judge Rodolfo A. Ruiz, II on 4/12/2021. (co)
April 5, 2021	Filing 17 Joint SCHEDULING REPORT - Rule 16.1 by TherapeuticsMD, Inc. (Attachments: #1 Text of Proposed Order)(Tillman, Jodi-Ann)
April 5, 2021	Filing 16 ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against TherapeuticsMD, Inc. by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit NDA approval letter, #2 Exhibit FDA Summary Review Packet, #3 Exhibit IMVEXXY Prescribing Information, #4 Exhibit Press Release, #5 Exhibit Phexxy Proprietary Name Review)(Stepan, James) Modified Text to read counterclaim against plaintiff not defendant on 4/5/2021 (ls).
March 28, 2021	Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kara M. Cormier. Filing Fee $ 200.00 Receipt # AFLSDC-14558338 by Evofem Biosciences, Inc.. Responses due by 4/12/2021 (Attachments: #1 Certification pro hac vice certification, #2 Text of Proposed Order granting pro hac vice admission)(Stepan, James)
March 28, 2021	Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew D. Skale. Filing Fee $ 200.00 Receipt # AFLSDC-14558336 by Evofem Biosciences, Inc.. Responses due by 4/12/2021 (Attachments: #1 Certification pro hac vice certification, #2 Text of Proposed Order granting pro hac vice admission)(Stepan, James)
March 28, 2021	Filing 13 NOTICE of Attorney Appearance by James Alexander Stepan on behalf of Evofem Biosciences, Inc.. Attorney James Alexander Stepan added to party Evofem Biosciences, Inc.(pty:dft). (Stepan, James)
February 11, 2021	Filing 12 ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Certificates of Interested Parties and Joint Scheduling Report due by 4/5/2021. Signed by Judge Rodolfo A. Ruiz, II on 2/11/2021. See attached document for full details. (scn)
February 11, 2021	Filing 11 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by TherapeuticsMD, Inc. (Tillman, Jodi-Ann)
February 9, 2021	Filing 10 WAIVER OF SERVICE Returned Executed by TherapeuticsMD, Inc.. Evofem Biosciences, Inc. waiver sent on 2/3/2021, answer due 4/5/2021. (Bain, Joseph)
January 19, 2021	Filing 9 ORDER TO PERFECT SERVICE. It is therefore ORDERED AND ADJUDGED that on or before March 15, 2021, Plaintiff shall perfect service upon Defendant or show good cause as to why this action should not be dismissed for failure to perfect service of process. Signed by Judge Rodolfo A. Ruiz, II on 1/19/2021. See attached document for full details. (scn)
December 16, 2020	Filing 8 PAPERLESS ORDER granting [5,6,7] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorneys David A. Randall, Ehab Samuel and Sepehr Daghighian. Signed by Judge Rodolfo A. Ruiz, II on 12/16/2020. (co)
December 15, 2020	Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sepehr Daghighian. Filing Fee $ 200.00 Receipt # AFLSDC-14041885 by THERAPEUTICSMD, INC.. Responses due by 12/29/2020 (Attachments: #1 Certification of Sepehr Daghighian, Esq., #2 Text of Proposed Order)(Bain, Joseph)
December 15, 2020	Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ehab Samuel. Filing Fee $ 200.00 Receipt # AFLSDC-14041878 by THERAPEUTICSMD, INC.. Responses due by 12/29/2020 (Attachments: #1 Certification of Ehab Samuel, Esq., #2 Text of Proposed Order)(Bain, Joseph)
December 15, 2020	Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David A. Randall. Filing Fee $ 200.00 Receipt # AFLSDC-14041842 by THERAPEUTICSMD, INC.. Responses due by 12/29/2020 (Attachments: #1 Certification of David A. Randall, Esq., #2 Text of Proposed Order)(Bain, Joseph)
December 15, 2020	Filing 4 Summons Issued as to EVOFEM BIOSCIENCES, INC. (scn)
December 15, 2020	Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (scn)
December 14, 2020	Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (scn)
December 14, 2020	Filing 1 COMPLAINT against EVOFEM BIOSCIENCES, INC.. Filing fees $ 402.00 receipt number AFLSDC-14033023, filed by THERAPEUTICSMD, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Summon(s))(Bain, Joseph)

July 20, 2022

Filing 343 ORDER GRANTING JOINT MOTION TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR STIPULATED DISMISSAL WITH PREJUDICE. Signed by Judge Rodolfo A. Ruiz, II on 7/20/2022. See attached document for full details. (jb03)

July 20, 2022

SYSTEM ENTRY - Docket Entry 342 [misc] restricted/sealed until further notice. (642535)

July 19, 2022

Filing 341 ORDER granting #340 Joint Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 7/19/2022. See attached document for full details. (gp)

July 19, 2022

Filing 340 Joint MOTION to Seal Confidential Settlement Agreement per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Joint Motion to File Under Seal) (Bain, Joseph)

July 19, 2022

Filing 339 MOTION Joint Motion for the Court to Retain Jurisdiction to Enforce the Settlement Agreement and for a Stipulated Dismissal with Prejudice by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 - Text of Proposed Order)(Bain, Joseph)

July 12, 2022

Filing 338 NOTICE by TherapeuticsMD, Inc. re #336 MOTION Request for Judicial Notice of Filing Exhibits in Support (Attachments: #1 Exhibit P-8, #2 Exhibit P-9, #3 Exhibit P-10, #4 Exhibit P-11, #5 Exhibit P-12, #6 Exhibit P-13, #7 Exhibit P-127, #8 Exhibit P-168, #9 Exhibit P-189, #10 Exhibit P-191, #11 Exhibit P-192, #12 Exhibit P-276, #13 Exhibit P-298, #14 Exhibit P-329, #15 Exhibit P-330, #16 Exhibit P-334, #17 Exhibit P-335, #18 Exhibit P-431, #19 Exhibit P-432, #20 Exhibit P-433, #21 Exhibit P-434, #22 Exhibit P-478, #23 Exhibit P-479, #24 Exhibit P-480, #25 Exhibit P-486, #26 Exhibit P-530, #27 Exhibit P-531, #28 Exhibit P-532) (Tillman, Jodi-Ann)

July 12, 2022

Filing 337 RESPONSE to #328 Defendant's APPEAL of Magistrate Judge #310 Order on Motion for Miscellaneous Relief to District Court on Motion to Bifurcate Equitable Claims by TherapeuticsMD, Inc.. (Bain, Joseph)

July 12, 2022

Filing 336 MOTION Request for Judicial Notice by TherapeuticsMD, Inc.. (Tillman, Jodi-Ann)

July 4, 2022

Reset Deadlines as to #328 Defendant's APPEAL of Magistrate Judge #310 Order on Motion for Miscellaneous Relief to District Court on Motion to Bifurcate Equitable Claims. Responses due by 7/12/2022 (ls)(per DE #335)

July 4, 2022

Filing 335 PAPERLESS ORDER Granting Motion for Extension of Time, ECF No. #334 . Plaintiff shall respond to Defendant's Appeal of Magistrate Judge's Order on Motion to Bifurcate Equitable Claims, ECF No. #328 , on or before July 12, 2022. Signed by Judge Rodolfo A. Ruiz, II on 7/4/2022. (jb03)

June 30, 2022

Filing 334 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #328 Defendant's APPEAL of Magistrate Judge #310 Order on Motion for Miscellaneous Relief to District Court on Motion to Bifurcate Equitable Claims by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion for Extension of Time)(Tillman, Jodi-Ann)

June 29, 2022

Filing 333 RESPONSE to #325 Defendant's APPEAL of Magistrate Judge #301 Order on Motion to Strike,, Order on Motion to Bifurcate, to District Court by TherapeuticsMD, Inc.. (Bain, Joseph)

June 24, 2022

Filing 332 Exhibit List Plaintiff TherapeuticsMD's Notice of Filing Amended Trial Exhibit List by TherapeuticsMD, Inc... (Attachments: #1 Exhibit "A" - Plaintiff's Amended Trial Exhibit List)(Tillman, Jodi-Ann)

June 24, 2022

Filing 331 REPORT REGARDING Joint Mediation Report by TherapeuticsMD, Inc. (Tillman, Jodi-Ann)

June 24, 2022

Filing 330 ORDER granting #329 Motion to Withdraw as Attorney. Dorothy Camille Kafka representing Evofem Biosciences, Inc. (Defendant) withdrawn from case. Signed by Judge Rodolfo A. Ruiz, II on 6/23/2022. See attached document for full details. (dj)

June 22, 2022

Filing 329 MOTION to Withdraw as Attorney by Dorothy Kafka for / by Evofem Biosciences, Inc.. Responses due by 7/6/2022 (Kafka, Dorothy)

June 21, 2022

Filing 328 Defendant's APPEAL of Magistrate Judge #310 Order on Motion for Miscellaneous Relief to District Court on Motion to Bifurcate Equitable Claims (Kaplan, Kevin)

June 16, 2022

Filing 327 TRANSCRIPT of Motion Hearing held on 6/6/2022 before Judge Rodolfo A. Ruiz, II, 1-290 pages, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@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 7/7/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/14/2022. (ilz)

June 16, 2022

Filing 326 ORDER ON MOTIONS IN LIMINE, ECF Nos. #196 , #205 . Signed by Judge Rodolfo A. Ruiz, II on 6/16/2022. See attached document for full details. (jb03)

June 15, 2022

Filing 325 Defendant's APPEAL of Magistrate Judge #301 Order on Motion to Strike,, Order on Motion to Bifurcate, to District Court (Kaplan, Kevin)

June 15, 2022

Filing 324 TRANSCRIPT of Miscellaneous Hearing held on 5/31/2022 before Magistrate Judge Bruce E. Reinhart, 1-79 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. 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 7/6/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/13/2022. (kpe)

June 14, 2022

Filing 323 SECOND ORDER AMENDING PRIOR SCHEDULING ORDERS AND PROVIDING INSTRUCTIONS FOR JURY TRIAL: Jury Trial Reset for 8/15/2022 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II. Calendar Call Reset for 8/2/2022 11:00 AM before Judge Rodolfo A. Ruiz II. Signed by Judge Rodolfo A. Ruiz, II on 6/14/2022. See attached document for full details. (scn)

June 13, 2022

Filing 322 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 6/13/2022. Order to follow. Attorney Appearance(s): Kevin Crow Kaplan, Paul Joseph Schwiep, Patricia Anne Leonard, Ehab Samuel, David A. Randall, Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (gp)

June 12, 2022

Filing 321 PAPERLESS ORDER Setting Telephonic Status Conference. A telephonic status conference to discuss trial scheduling issues is hereby set in this matter for Monday, June 13, 2022 at 4:30 P.M. The parties are instructed to call 1-877-402-9753 by no than 4:25 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible, for clarity. Signed by Judge Rodolfo A. Ruiz, II on 6/12/2022. (jb03)

June 10, 2022

Filing 320 ORDER Scheduling Mediation before Andrew J. Guilford. Mediation Hearing set for 6/21/2022. Mediation Report Deadline 6/24/2022. Signed by Judge Rodolfo A. Ruiz, II on 6/10/2022. See attached document for full details. (scn)

June 10, 2022

Filing 319 REPORT REGARDING Second Mediation by Evofem Biosciences, Inc. (Schwiep, Paul)

June 8, 2022

Filing 318 ORDER REQUIRING SECOND MEDIATION: Proposed Order Scheduling Mediation due 6/10/2022. Signed by Judge Rodolfo A. Ruiz, II on 6/8/2022. See attached document for full details. (scn)

June 8, 2022

Filing 317 STATUS REPORT Joint Status Report (per DE 312) by Evofem Biosciences, Inc. (Schwiep, Paul)

June 7, 2022

Filing 316 PAPERLESS ORDER granting #314 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Robert W. Dickerson. Signed by Judge Rodolfo A. Ruiz, II on 6/7/2022. (jb)

June 7, 2022

Filing 315 ORDER GRANTING THERAPEUTICSMD'S UNOPPOSED #309 MOTION TO FILE UNDER SEAL. Signed by Judge Rodolfo A. Ruiz, II on 6/7/2022. See attached document for full details. (scn)

June 7, 2022

Filing 314 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert W. Dickerson, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-15695975 by TherapeuticsMD, Inc.. Responses due by 6/21/2022 (Attachments: #1 Certification of Robert W. Dickerson, Jr., Esq., #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice (Robert W. Dickerson, Jr., Esq.))(Bain, Joseph)

June 7, 2022

Filing 313 PAPERLESS ORDER On Plaintiff's Motion for Leave to Amend its Witness and Exhibit List With Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the Witnesses, ECF No. #289 ("Motion"). For the reasons stated on the record at the June 6, 2022 hearing, ECF No. 311 , Plaintiff's Motion is GRANTED in PART and DENIED in PART as follows:I.As to Exhibit P-4, a 35-second voicemail left with a TherapeuticsMD sales representative on April 19, 2022, the Motion is DENIED.II.As to Exhibit P-472, a Q1 2022 Evofem Investor Presentation, dated May 4, 2022, the Motion is DENIED. However, the Court reserves the ability to re-address the relevance and admissibility of the Exhibit at the punitive damages stage of the proceedings.III.As to Exhibits P-299 through P-302, four pictures depicting Evofem's and TherapeuticsMD's booths at the 2022 Annual Clinic & Scientific Meeting hosted by the American College of Obstetricians and Gynecologists from May 6-8, 2022, the Motion is GRANTED insofar as a proper predicate can be laid as to the Exhibit's authenticity. Further, Evofem is granted leave to conduct a deposition of the individual who took the photos. Said deposition will take no longer than one hour and will be scheduled by the parties to take place within ten days from the date of this Order.IV.As to Plaintiff's request to split Exhibits P-338, P-340, P-342, P343, and P-345 into one or more exhibits such that the photographs contained in the exhibits become sub-exhibits (e.g. two photos contained in Exhibit P-338 would become P-338A and P338-B), the Motion is GRANTED. Signed by Judge Rodolfo A. Ruiz, II on 6/7/2022. (jb03)

June 6, 2022

Filing 312 PAPERLESS ORDER Requiring Status Report. For the reasons stated on the record at the June 6, 2022 hearing, ECF No. 311 , the parties shall file a status report on or before June 8, 2022 indicating their willingness to conduct a second mediation prior to the July 6, 2022 calendar call. Signed by Judge Rodolfo A. Ruiz, II on 6/6/2022. (jb)

June 6, 2022

Filing 311 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Motion Hearing held on 6/6/2022 re #205 MOTION in Limine (Omnibus) (Redacted) filed by TherapeuticsMD, Inc., #196 MOTION in Limine filed by Evofem Biosciences, Inc.. Order to follow. Attorney Appearance(s): Kevin Crow Kaplan, Paul Joseph Schwiep, Dorothy Camille Kafka, Jodi-Ann Rene Tillman, Ehab Samuel, David A. Randall, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (gp)

June 5, 2022

Filing 310 ORDER granting in part and denying in part #212 Motion for Judicial Notice and denying Motion to Bifurcate. Signed by Magistrate Judge Bruce E. Reinhart See attached document for full details. (BER)

June 3, 2022

Filing 309 Unopposed MOTION to Seal Reply in Support of its Motion for Leave to Amend Its Witness and Exhibit List With Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the New Witness per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion to File Under Seal) (Bain, Joseph)

June 3, 2022

Filing 308 REPLY to #289 MOTION for Leave to File Amended Witness and Exhibit Lists with Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the New Witness in Support (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)

June 3, 2022

Filing 307 PAPERLESS ORDER Granting Joint Motion for Leave to Bring Electronic Equipment into the Courtroom for the June 6, 2022 hearing, ECF No. #306 . The parties are permitted to bring all electronic equipment enumerated in their Proposed Order, ECF No. [306-1], into the Courtroom for the June 6 hearing. Signed by Judge Rodolfo A. Ruiz, II on 6/3/2022. (jb03)

June 3, 2022

Filing 306 Joint MOTION to Bring Electronic Equipment into the courtroom for June 6, 2022 Hearing by TherapeuticsMD, Inc.. Responses due by 6/17/2022 (Attachments: #1 Text of Proposed Order)(Bain, Joseph)

June 2, 2022

Filing 305 PAPERLESS ORDER on June 6, 2022 Motion Hearing. As indicated by the Court in its Order Amending Prior Scheduling Orders, Scheduling Hearing on Motions in Limine, and Providing Instructions for Jury Trial [ECF No. 251], the parties shall appear before the Court on Monday, June 6, 2022 at 10:00 AM in Courtroom 205C of the United States Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida for a hearing on their motions in limine [ECF Nos. 196, 205]. In addition to the parties' motions in limine, the Court will also hear argument on Plaintiff's Motion for Leave to File Amended Witness and Exhibit Lists with Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the New Witness [ECF No. 289]. Lastly, Plaintiff's Motion for Leave to Add to Motion in Limine [ECF No. 291] is hereby GRANTED. The Court will address this additional motion in limine at the hearing as well. Signed by Judge Rodolfo A. Ruiz, II on 6/2/2022. (jb03)

June 2, 2022

Filing 304 REPLY to #291 Plaintiff's MOTION for leave to add to Motion In Limine in Support by TherapeuticsMD, Inc.. (Bain, Joseph)

June 2, 2022

Filing 303 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): Plaintiff's May 31, 2022 Hearing Exhibit Nos. 1-7 by Joseph William Bain on behalf of TherapeuticsMD, Inc. (Bain, Joseph)

June 2, 2022

Filing 302 HEARING EXHIBITS Plaintiff's May 31, 2022 Hearing Exhibit Nos. 1-7 by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Bain, Joseph)

June 1, 2022

Filing 301 ORDER ON MOTION TO STRIKE PUNITIVE DAMAGES CLAIM denying #197 Motion to Strike #197 MOTION to Strike Plaintiff's Claim for Punitive Damages MOTION to Bifurcate Equitable Claims ; denying #197 Motion to Bifurcate. Signed by Magistrate Judge Bruce E. Reinhart on 6/1/2022. See attached document for full details. (pcs)

June 1, 2022

Filing 300 PAPERLESS ORDER denying #235 Motion to Strike Evofem's Witnesses, Alexander Fitzpatrick and Dyan M. Rowe Davis. At the hearing on May 31, 2022, the Defendant reported that it will not call Mr. Fitzpatrick as a trial witness, so the request to strike his testimony is moot. Ms. Rowe Davis is a rebuttal witness. It is premature to decide whether to exclude her testimony. That decision is best made after the Plaintiff's case in chief when it can be determined whether she actually rebuts evidence heard by the jury. Signed by Magistrate Judge Bruce E. Reinhart (BER)

June 1, 2022

Filing 299 Clerks Notice to Filer re #297 Response in Opposition to Motion. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made 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. (pcs)

May 31, 2022

Filing 298 RESPONSE in Opposition re #289 MOTION for Leave to File Amended Witness and Exhibit Lists with Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the New Witness filed by Evofem Biosciences, Inc.. Replies due by 6/7/2022. (Kaplan, Kevin)

May 31, 2022

Filing 297 RESPONSE in Opposition re #291 MOTION for leave to add to Motion In Limine by TherapeuticsMD, Inc. Replies due by 6/7/2022. (Schwiep, Paul) Modified Document Link on 6/1/2022 (pcs).

May 31, 2022

Filing 296 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Miscellaneous ZOOM Hearing on Defendant's Request for Judicial Notice (DE 212); Plaintiff's Motion to Strike Defense Witnesses (DE 235); and Defendant's Motion to Strike Punitive Damages and Bifurcate Equitable Claims (DE 197) held on 5/31/2022. Total time in court: 1 hour : 30 minutes. (hk02)

May 31, 2022

Filing 295 Notice of Supplemental Authority re #212 Motion for Judicial Notice by Evofem Biosciences, Inc. (Attachments: #1 Ex 1 - Sream Inc v K and R of WPB Inc) (Schwiep, Paul)

May 20, 2022

SYSTEM ENTRY - Docket Entry 294 [misc] restricted/sealed until further notice. (1903343)

May 19, 2022

Filing 293 NOTICE Of Filing Audio Thumb Drive Under Seal by TherapeuticsMD, Inc. re 290 Order on Motion for Leave to File, (dj)

May 18, 2022

Filing 292 ORDER granting #287 Unopposed Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 5/17/2022. See attached document for full details. (gp)

May 17, 2022

Filing 291 Plaintiff's MOTION for leave to add to Motion In Limine by TherapeuticsMD, Inc.. (Bain, Joseph)

May 17, 2022

Filing 290 PAPERLESS ORDER Granting Plaintiff's Motion for Leave to File Audio Exhibit Conventionally, ECF No. #288 . Plaintiff shall submit the audio recording, Exhibit C to its Motion for Leave to Amend Trial Exhibit List and Witness List, to the Clerk via conventional filing. Signed by Judge Rodolfo A. Ruiz, II on 5/17/2022. (jb03)

May 16, 2022

Filing 289 MOTION for Leave to File Amended Witness and Exhibit Lists with Newly Discovered Evidence and to Reopen Discovery for the Limited Purpose of Evofem Deposing the New Witness by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A - TherapeuticsMD's Amended Trial Exhibit List, #2 Exhibit B - TherapeuticsMD's Second Amended Witness List, #3 Exhibit C (Redacted), #4 Exhibit D (Redacted), #5 Exhibit E - P-299, #6 Exhibit F - P-300, #7 Exhibit G - P-301, #8 Exhibit H - P-302, #9 Exhibit I - P-472, #10 Exhibit J (Redacted), #11 Exhibit K (Redacted), #12 Exhibit L (Redacted), #13 Exhibit M (Redacted), #14 Exhibit N (Redacted), #15 Exhibit O (Redacted), #16 Exhibit P (Redacted), #17 Exhibit Q (Redacted))(Bain, Joseph)

May 16, 2022

Filing 288 MOTION for Leave to File Audio Exhibit C to its Motion for Leave to Amend Trial Exhibit List and Witness List Conventionally by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting TherapeuticsMD's Motion for Leave to File Audio Exhibit Conventionally)(Bain, Joseph)

May 16, 2022

Filing 287 Unopposed MOTION to Seal its Motion for Leave to Amend Trial Exhibit List and Witness List and Exhibits C, D, J, K, L, M, N, O, P, and Q thereto per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion to File Under Seal) (Bain, Joseph)

May 16, 2022

Filing 286 NOTICE of Attorney Appearance by Josefina Maria Aguila-Benna on behalf of Evofem Biosciences, Inc.. Attorney Josefina Maria Aguila-Benna added to party Evofem Biosciences, Inc.(pty:cc), Attorney Josefina Maria Aguila-Benna added to party Evofem Biosciences, Inc.(pty:dft), Attorney Josefina Maria Aguila-Benna added to party Evofem Biosciences, Inc.(pty:cc), Attorney Josefina Maria Aguila-Benna added to party Evofem Biosciences, Inc.(pty:cc). (Aguila-Benna, Josefina)

May 13, 2022

Filing 285 NOTICE of Attorney Appearance by Scott Andrew Hiaasen on behalf of Evofem Biosciences, Inc.. Attorney Scott Andrew Hiaasen added to party Evofem Biosciences, Inc.(pty:cc), Attorney Scott Andrew Hiaasen added to party Evofem Biosciences, Inc.(pty:dft), Attorney Scott Andrew Hiaasen added to party Evofem Biosciences, Inc.(pty:cc), Attorney Scott Andrew Hiaasen added to party Evofem Biosciences, Inc.(pty:cc). (Hiaasen, Scott)

May 11, 2022

Filing 284 PAPERLESS ORDER taking under advisement #197 Defendant's Motion to Strike Plaintiff's Claim for Punitive Damages and to Bifurcate Equitable Claims, #212 Defendant's Motion for Judicial Notice, and #235 Plaintiff's Motion to Strike Defendant's Witnesses and setting an Omnibus Hearing for 5/31/2022 at 2:30 PM before Magistrate Judge Bruce E. Reinhart. The hearing will be conducted remotely via Zoom. The Court will email the Zoom link to counsel in advance of the hearing. Members of the public may listen to the audio of the hearing using the following telephone link:Dial by your location: +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) +1 551 285 1373 US +1 669 216 1590 US (San Jose) Meeting ID: 160 751 8992; Passcode: 717319. Find your local number: https://www.zoomgov.com/u/aeEkZDMCbU. Signed by Magistrate Judge Bruce E. Reinhart on 5/11/2022. (hk02)

May 10, 2022

Filing 283 PAPERLESS ORDER denying as moot #203 Plaintiff's Motion to Bifurcate Defendants' First and Fourth Affirmative Defenses. The Court has already found in Plaintiff's favor on these affirmative defenses in its ruling on Plaintiff's Motion for Summary Judgment. Signed by Magistrate Judge Bruce E. Reinhart on 5/10/2022. (hk02)

May 9, 2022

Filing 282 ORDER GRANTING DEFENDANT EVOFEM BIOSCIENCES, INC.'S UNOPPOSED MOTION TO STRIKE ECF NO. 279 granting #281 Motion to Strike #281 Defendant's MOTION to Strike #279 Reply to Response to Motion Request for Judicial Notice, striking #279 Reply to Response to Motion. Signed by Judge Rodolfo A. Ruiz, II on 5/9/2022. See attached document for full details. (pcs)

May 6, 2022

Filing 281 Defendant's MOTION to Strike #279 Reply to Response to Motion Request for Judicial Notice by Evofem Biosciences, Inc.. Responses due by 5/20/2022 (Kaplan, Kevin)

May 6, 2022

Filing 280 Defendant's REPLY to Response to Motion re #212 Motion for Judicial Notice filed by Evofem Biosciences, Inc.. (Kaplan, Kevin)

May 6, 2022

Filing 279 STRICKEN per Order DE #282 . Defendant's REPLY to Response to Motion re #212 Motion for Judicial Notice Request for Judicial Notice filed by Evofem Biosciences, Inc.. (Kaplan, Kevin) Modified on 5/9/2022 (pcs).

May 5, 2022

Filing 278 REPLY to #235 MOTION to Strike Evofem's Witnesses, Alexander Fitzpatrick and Dyan M. Rowe Davis in Support by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit H - Evofem's Objections to the Notice of Taking 30(b)(6) Deposition (09.08.2021))(Bain, Joseph)

April 29, 2022

Filing 276 ORDER Granting #261 Evofem's Unopposed Motion To File Under Seal. Defendant may file under seal unredacted versions of Defendant's Reply in Support of its Motion in Limine and Exhibit A thereto within one (1) day of the date of entry of this Order. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2022. See attached document for full details. (kpe)

April 29, 2022

Filing 275 PAPERLESS ORDER Denying as Moot Plaintiff's Motion to Seal, ECF No. #269 ("Motion"). Plaintiff requests that the Court permit it to file under seal replies to Defendant's Objections to the Report and Recommendation on the Parties' Daubert Motions and the Report and Recommendation on the Parties' Motions in limine. Per the Court's Order Affirming and Adopting the Report and Recommendation in Part, ECF No. #274 , and given that a report and recommendation has not been entered with respect to the parties' Motions in limine, the Plaintiff's Motion is DENIED as MOOT. Signed by Judge Rodolfo A. Ruiz, II on 4/29/2022. (jb03)

April 29, 2022

Reset Deadlines as to #235 MOTION to Strike Evofem's Witnesses, Alexander Fitzpatrick and Dyan M. Rowe Davis. Replies due by 5/5/2022. (ls)(per DE #272)

April 29, 2022

SYSTEM ENTRY - Docket Entry 277 [misc] restricted/sealed until further notice. (521827)

April 28, 2022

Filing 274 Order Affirming and Adopting Report and Recommendation, ECF No. #209 . Signed by Judge Rodolfo A. Ruiz, II on 4/28/2022. See attached document for full details. (jb)

April 28, 2022

Filing 272 PAPERLESS ORDER Granting in Part and Denying in Part as Moot Plaintiff's Motion for Extension of Time. Given that Plaintiff has already responded to Defendant's Objections to the Magistrate Judge's Report and Recommendations on the parties' Daubert Motions, ECF No. #270 , and the Court has already entered an Order Affirming and Adopting the Magistrate Judge's Report and Recommendations related to the parties' motions for summary judgment, ECF No. #271 , Plaintiff's request for an extension of time to file responses to Defendant's Objections is DENIED as MOOT. Plaintiff's request as to the extension of time to file its Reply in Support of its Motion to Strike Fitzpatrick and Davis, ECF No. #235 , is GRANTED. Plaintiff shall file its Reply in Support of its Motion to Strike on or before May 5, 2022. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2022. (jb03)

April 28, 2022

Filing 271 Order Affirming and Adopting Report and Recommendation, ECF No. #210 . Signed by Judge Rodolfo A. Ruiz, II on 4/28/2022. See attached document for full details. (jb)

April 28, 2022

SYSTEM ENTRY - Docket Entry 274 [misc] restricted/sealed until further notice. (521827)

April 27, 2022

Filing 270 RESPONSE TO OBJECTION to #209 Report and Recommendations Re: Daubert Motions by TherapeuticsMD, Inc.. (Bain, Joseph)

April 27, 2022

Filing 269 Unopposed MOTION to Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order ) (Bain, Joseph)

April 27, 2022

Filing 268 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #258 Response in Opposition to Motion,, #248 Objections to Report and Recommendations, #249 Objections to Report and Recommendations by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order)(Bain, Joseph)

April 27, 2022

Filing 267 PAPERLESS ORDER granting #265 Defendant's Unopposed Motion for Extension of Time to File a Reply to its Request for Judicial Notice (ECF No. 212). Defendant's reply is due by 5/6/2022. Signed by Magistrate Judge Bruce E. Reinhart on 4/27/2022. (hk02)

April 27, 2022

Filing 266 RESPONSE TO OBJECTION to #209 Report and Recommendations Portions on Parties' Daubert Motions by Evofem Biosciences, Inc.. (Kaplan, Kevin)

April 27, 2022

Filing 265 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #212 Motion for Judicial Notice by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin)

April 26, 2022

Filing 273 ORDER Granting #257 Evofem's Unopposed Motion To File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 4/25/2022. See attached document for full details. (kpe)

April 25, 2022

Filing 264 REPLY to #203 Plaintiff's MOTION to Bifurcate Evofem's Equitable Defenses of Equitable Estoppel and Unclean Hands in Support by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A - Landon Dep. Excerpts)(Bain, Joseph)

April 25, 2022

Filing 263 REPLY to #205 MOTION in Limine (Omnibus) (Redacted) in Support by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A - Brown Dep. Excerpts, #2 Exhibit B - Duskin Dep. Excerpts, #3 Exhibit C - Brierley Dep. Excerpts, #4 Exhibit D - Gremillion Dep. Excerpts, #5 Exhibit E - Leach Dep. Excerpts, #6 Exhibit F - Tryforous Dep. Excerpts)(Bain, Joseph)

April 25, 2022

Filing 262 REPLY to Response to Motion re #196 MOTION in Limine filed by Evofem Biosciences, Inc.. (Attachments: #1 Ex A - confidential (to be filed under seal), #2 Ex B)(Schwiep, Paul)

April 25, 2022

Filing 261 Unopposed MOTION to Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Schwiep, Paul)

April 25, 2022

Filing 260 REPLY to Response to Motion re #197 MOTION to Strike Plaintiff's Claim for Punitive Damages MOTION to Bifurcate Equitable Claims filed by Evofem Biosciences, Inc.. (Kaplan, Kevin)

April 22, 2022

Filing 259 RESPONSE in Opposition re #212 Motion for Judicial Notice filed by TherapeuticsMD, Inc.. Replies due by 4/29/2022. (Attachments: #1 Appendix A - Evofem's Exhibit 120 (Proprietary Name Review) (Annotated))(Bain, Joseph)

April 22, 2022

Filing 258 RESPONSE in Opposition re #235 MOTION to Strike Evofem's Witnesses, Alexander Fitzpatrick and Dyan M. Rowe Davis filed by Evofem Biosciences, Inc.. Replies due by 4/29/2022. (Attachments: #1 Ex 1 - CONFIDENTIAL (filed under seal) Stewart M Brown Tr. 170-176, #2 Ex 2 - CONFIDENTIAL (filed under seal) Samir Desai Tr. 135-137 & 277-282, #3 Ex 3 - Dyan Rowe Davis Tr. 19, #4 Ex 4 - CONFIDENTIAL (filed under seal) Dr. Yoram (Jerry) Wind Tr. 232)(Schwiep, Paul)

April 22, 2022

Filing 257 Unopposed MOTION to Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Schwiep, Paul)

April 22, 2022

Filing 256 TRANSCRIPT of Video-conferenced Status Conference Hearing held on 4/12/22 before Judge Rodolfo A. Ruiz, II, 1-53 pages, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@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 5/13/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/21/2022. (dmr)

April 19, 2022

Filing 255 TRANSCRIPT of Discovery Hearing held on 3/29/2022 before Magistrate Judge Bruce E. Reinhart, 1-12 pages, Court Reporter: Joanne Mancari, 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 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (apz)

April 18, 2022

Reset Deadlines as to #197 MOTION to Strike Plaintiff's Claim for Punitive Damages MOTION to Bifurcate Equitable Claims, #203 Plaintiff's MOTION to Bifurcate Evofem's Equitable Defenses of Equitable Estoppel and Unclean Hands. Replies due by 4/25/2022. (ls)(per DE #254)

April 18, 2022

Filing 254 PAPERLESS ORDER Granting Joint Motion for Extension of Time, ECF No. #252 . Plaintiff shall file its Reply in support of its Motion to Bifurcate ECF No. #203 and Defendant shall file its Reply in support of its Motion to Bifurcate and to Strike ECF No. #197 on or before April 25, 2022. Signed by Judge Rodolfo A. Ruiz, II on 4/18/2022. (jb03)

April 15, 2022

Filing 252 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #197 MOTION to Strike Plaintiff's Claim for Punitive Damages MOTION to Bifurcate Equitable Claims, #203 Plaintiff's MOTION to Bifurcate Evofem's Equitable Defenses of Equitable Estoppel and Unclean Hands by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin)

April 15, 2022

SYSTEM ENTRY - Docket Entry 253 [misc] restricted/sealed until further notice. (642535)

April 14, 2022

Filing 251 ORDER Amending Prior Scheduling Orders, Scheduling Hearing on Motions in Limine, and Providing Instructions for Jury Trial: ( Calendar Call set for 7/6/2022 11:00 AM before Judge Rodolfo A. Ruiz II., Jury Selection set for 7/8/2022 10:00AM before Judge Rodolfo A. Ruiz II., Jury Trial set for 7/12/2022 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II.) Set Deadlines as to #212 Motion for Judicial Notice. (Responses due by 4/22/2022), as to #205 MOTION in Limine (Omnibus) (Redacted) and #196 MOTION in Limine (Replies due by 4/25/2022.) ; Motion Hearing set for 6/6/2022 10:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II.) Signed by Judge Rodolfo A. Ruiz, II on 4/14/2022. See attached document for full details. (ls)

April 13, 2022

Filing 250 OBJECTIONS to #209 Report and Recommendations on Daubert motions by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A - Neal Deposition Transcript)(Bain, Joseph)

April 13, 2022

Filing 249 OBJECTIONS to #210 Report and Recommendations by Evofem Biosciences, Inc.. (Schwiep, Paul) Modified Text on 4/14/2022 (ls).

April 13, 2022

Filing 248 OBJECTIONS to #209 Report and Recommendations by Evofem Biosciences, Inc.. (Schwiep, Paul) Modified Text on 4/14/2022 (ls).

April 13, 2022

SYSTEM ENTRY - Docket Entry 247 [misc] restricted/sealed until further notice. (647140)

April 12, 2022

Filing 246 ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION TO FILE UNDER SEAL. ORDER granting #240 Motion to Seal. Signed by Judge Rodolfo A. Ruiz, II on 4/11/2022. See attached document for full details. (amb)

April 12, 2022

Filing 245 ORDER GRANTING DEFENDANTS UNOPPOSED MOTION TO FILE UNDER SEAL. ORDER granting #238 Motion to Seal. Signed by Judge Rodolfo A. Ruiz, II on 4/11/2022. See attached document for full details. (amb)

April 12, 2022

Filing 244 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Zoom Status Conference held on 4/12/2022. Order to follow. Attorney Appearance(s): Kara M. Cormier, Andrew D. Skale, Kevin Crow Kaplan, Paul Joseph Schwiep, Dorothy Camille Kafka, Joseph William Bain, Patricia Anne Leonard, Jodi-Ann Rene Tillman, Ehab Samuel, David A. Randall, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (gp)

April 11, 2022

Filing 243 RESPONSE in Opposition re #197 MOTION to Strike Plaintiff's Claim for Punitive Damages MOTION to Bifurcate Equitable Claims filed by TherapeuticsMD, Inc.. Replies due by 4/18/2022. (Bain, Joseph)

April 11, 2022

Filing 242 RESPONSE in Opposition re #196 MOTION in Limine filed by TherapeuticsMD, Inc.. Replies due by 4/18/2022. (Bain, Joseph)

April 11, 2022

Filing 241 NOTICE by TherapeuticsMD, Inc. of Filing Exhibits in Support of its Opposition to Evofem's Motion in Limine (Attachments: #1 Exhibit A (Composite) - TherapeuticsMD's Initial Disclosures, #2 Exhibit B - (Redacted) Deposition Transcript Excerpts - Jillian Brierley, #3 Exhibit C - (Redacted) Deposition Transcript Excerpts - Zachary Duskin, #4 Exhibit D - Evofem's Notice of Taking Deposition of TherapeuticsMD's Person Most Qualified, #5 Exhibit E - September 17, 2021 Hearing Transcript Excerpts, #6 Exhibit F - Emails between counsel ending October 3, 2021, #7 Exhibit G - (Redacted) Deposition Transcript Excerpts - Sam Desai, #8 Exhibit H - Declaration of Sam Desai, #9 Exhibit I - (Redacted) Deposition Transcript Excerpts - Dr. Jennifer Vanderhart, #10 Exhibit J - (Redacted) Deposition Transcript Excerpts - Saundra Pelletier, #11 Exhibit K - KITCHENS-BEATTY v. EVOFEM BIOSCIENCES INC) (Bain, Joseph)

April 11, 2022

Filing 240 Unopposed MOTION to Seal File under Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order) (Bain, Joseph)

April 11, 2022

Filing 239 RESPONSE in Opposition re #203 Plaintiff's MOTION to Bifurcate Evofem's Equitable Defenses of Equitable Estoppel and Unclean Hands filed by Evofem Biosciences, Inc.. Replies due by 4/18/2022. (Kaplan, Kevin)

April 11, 2022

Filing 238 Unopposed MOTION to Seal File under Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kaplan, Kevin)

April 11, 2022

Filing 237 RESPONSE to Motion re #205 MOTION in Limine (Omnibus) (Redacted) filed by Evofem Biosciences, Inc.. Replies due by 4/18/2022. (Attachments: #1 Exhibit A-under seal, #2 Exhibit B - under seal, #3 Exhibit C - under seal, #4 Exhibit D - under seal, #5 Exhibit E - under seal)(Kaplan, Kevin)

April 11, 2022

Filing 236 APPENDIX Supplemental to Defendants Request for Judicial Notice by Evofem Biosciences, Inc. (Attachments: #1 Exhibit D-091, #2 Exhibit D-092, #3 Exhibit D-201, #4 Exhibit D-202, #5 Exhibit D-203, #6 Exhibit D-204, #7 Exhibit D-205, #8 Exhibit D-206, #9 Exhibit D-207, #10 Exhibit D-208, #11 Exhibit D-209, #12 Exhibit D-210, #13 Exhibit D-019, #14 Exhibit D-117, #15 Exhibit D-119, #16 Exhibit D-149, #17 Exhibit D-064, #18 Exhibit D-139, #19 Exhibit D-140, #20 Exhibit D-141, #21 Exhibit D-142, #22 Exhibit D-143, #23 Exhibit D-144, #24 Exhibit D-145, #25 Exhibit D-146, #26 Exhibit D-147, #27 Exhibit D-148, #28 Exhibit D-198, #29 Exhibit D-199)(Kaplan, Kevin)

April 8, 2022

Filing 235 MOTION to Strike Evofem's Witnesses, Alexander Fitzpatrick and Dyan M. Rowe Davis by TherapeuticsMD, Inc.. Responses due by 4/22/2022 (Attachments: #1 Exhibit A - Evofem's Objections to TherapeuticsMD's Notice of Deposition of Alex Fitzpatrick, #2 Exhibit B (Composite) - Evofem's Initial Disclosures and Supplements, #3 Exhibit C (Composite) - TherapeuticsMD's Initial Disclosures and Supplements, #4 Exhibit D - TherapeuticsMD's Notice of Taking Deposition of Alexander Fitzpatrick, #5 Exhibit E - Davis Deposition Excerpts, #6 Exhibit F - Expert Report of Sandra Ferrari Disner (09.20.2021), #7 Exhibit G - Expert Rebuttal Report of Dyan Rowe Davis (10.19.2021))(Bain, Joseph)

April 7, 2022

SYSTEM ENTRY - Docket Entry 234 [misc] restricted/sealed until further notice. (521827)

April 6, 2022

Filing 232 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing (re DE 228) held on 4/6/2022. The Court granted Plaintiff's request to depose employees Addie Moses and Emily Kunkle. Defendant's objections to the depositions are overruled. Total time in court: 40 minutes. (Digital BER_1_4.6.2022) (hk02)

April 6, 2022

Filing 231 PAPERLESS ORDER granting #229 Motion to Seal unredacted version of the joint discovery memorandum (DE 228). Signed by Magistrate Judge Bruce E. Reinhart on 4/6/2022. (hk02)

April 6, 2022

SYSTEM ENTRY - Docket Entry 233 [misc] restricted/sealed until further notice. (642535)

April 5, 2022

Filing 230 PAPERLESS ORDER Granting Joint Motion for Status Conference, ECF No. #223 . The Motion is GRANTED. The parties shall appear at a status conference on Tuesday, April 12, 2022 at 2:00 P.M. The status conference will be held via Zoom. The Zoom conference can be accessed at https://www.zoomgov.com/j/1608912923?pwd=YjhTVEZjMDhJcnE5T3RoRFJvbkl0dz09. The Meeting ID is 160 891 2923 and the Passcode is 484239. Signed by Judge Rodolfo A. Ruiz, II on 4/5/2022. (jb03)

April 5, 2022

Filing 229 Unopposed MOTION to Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Schwiep, Paul)

April 5, 2022

Filing 228 Joint Discovery Memorandum to 226 Order Setting/Cancelling Hearing, Joint Discovery Memorandum by Evofem Biosciences, Inc.. (Attachments: #1 Ex A, #2 Ex B, #3 Ex C, #4 Ex D, #5 Ex 1 - April 1, 2022 email from E Samuel to K Kaplan, #6 Ex 2 - Adam Gilbert - LinkedIn)(Schwiep, Paul)

April 5, 2022

Filing 227 NOTICE by TherapeuticsMD, Inc. of Filing Amended Witness List (Attachments: #1 Exhibit A - Plaintiff TherapeuticsMD's Amended Witness List) (Bain, Joseph)

April 4, 2022

Filing 226 PAPERLESS Order setting a Telephonic Discovery Hearing for 4/6/2022 at 11:30 AM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 4/4/2022. (hk02)

April 1, 2022

Filing 225 Clerks Notice to Filer re #223 Joint MOTION for Status Conference Incorrect Document Link; ERROR - The filed document was incorrectly linked. The correction was made by the Clerk. It is not necessary to refile this document. (jua)

April 1, 2022

Filing 224 RESPONSE to Motion re #212 Motion for Judicial Notice Request for Opportunity to Be Heard Pursuant to FRE 201(e) filed by TherapeuticsMD, Inc.. Replies due by 4/8/2022. (Bain, Joseph)

April 1, 2022

Filing 223 JOINT MOTION for Status Conference by Evofem Biosciences, Inc. (Kaplan, Kevin) Modified to terminate links per the attorneys office request on 4/1/2022 (jua).

April 1, 2022

Filing 221 NOTICE by Evofem Biosciences, Inc. of Correction of Witness List (Attachments: #1 Exhibit Defendant's Witness List) (Kaplan, Kevin)

April 1, 2022

Filing 220 ORDER granting #207 Unopposed Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 4/1/2022. See attached document for full details. (gp)

April 1, 2022

Filing 219 ORDER granting #206 Unopposed Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 4/1/2022. See attached document for full details. (gp)

April 1, 2022

Filing 218 Clerks Notice to Filer re #212 Notice (Other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ls)

April 1, 2022

SYSTEM ENTRY - Docket Entry 222 [motion] restricted/sealed until further notice. (647140)

March 31, 2022

Filing 217 RESPONSE in Opposition re #215 Defendant's EMERGENCY MOTION with Certification of Emergency included Evofem's Emergency Objection to Magistrate Judge Order Limiting Cross Examination at Deposition to Twenty Minutes filed by TherapeuticsMD, Inc.. Replies due by 4/7/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bain, Joseph)

March 31, 2022

Filing 216 PAPERLESS ORDER Sustaining Objections Regarding Limits on Deposition, ECF No. #215 . This matter came before the Court upon Defendant's Emergency Objection to Magistrate Judge Order Limiting Cross Examination at Deposition to Twenty Minutes ("Objections"). Upon careful review of the Objections, the Magistrate Judge's Order, and Federal Rule of Civil Procedure 30(d)(1), which generally permits up to 7 hours of deposition testimony, it is hereby ORDERED and ADJUDGED as follows: Plaintiff's deposition examination (direct and re-direct) shall be limited to 120 minutes. Defendant's cross-examination shall be limited to 90 minutes. Signed by Judge Rodolfo A. Ruiz, II on 3/31/2022. (jb03)

March 31, 2022

Filing 215 Defendant's EMERGENCY MOTION with Certification of Emergency included Evofem's Emergency Objection to Magistrate Judge Order Limiting Cross Examination at Deposition to Twenty Minutes by Evofem Biosciences, Inc.. Responses due by 4/14/2022 (Attachments: #1 Exhibit 1)(Schwiep, Paul)

March 31, 2022

Filing 214 PAPERLESS ORDER re #202 Clarifying the Court's ruling during the 3/29/22 hearing on the parties' discovery dispute. The deposition of Adam Gilbert shall be limited to a total of 90 minutes to be apportioned as follows: one hour for Plaintiff to conduct its direct examination, 20 minutes for Defendant to conduct its cross-examination, and 10 minutes for Plaintiff to conduct any re-direct examination. Signed by Magistrate Judge Bruce E. Reinhart on 3/31/2022. (hk02)

March 31, 2022

Filing 213 APPENDIX to Defendant's Request for Judicial Notice by Evofem Biosciences, Inc. (Attachments: #1 Exhibit Def Exh 005, #2 Exhibit Def Exh 006, #3 Exhibit Def Exh 009, #4 Exhibit Def Exh 011, #5 Exhibit Def Exh 012, #6 Exhibit Def Exh 013, #7 Exhibit Def Exh 014, #8 Exhibit Def Exh 015, #9 Exhibit Def Exh 016, #10 Exhibit Def Exh 017, #11 Exhibit Def Exh 093, #12 Exhibit Def Exh 105, #13 Exhibit Def Exh 106, #14 Exhibit Def Exh 107, #15 Exhibit Def Exh 108, #16 Exhibit Def Exh 109, #17 Exhibit Def Exh 110, #18 Exhibit Def Exh 111, #19 Exhibit Def Exh 112, #20 Exhibit Def Exh 113, #21 Exhibit Def Exh 114, #22 Exhibit Def Exh 115, #23 Exhibit Def Exh 116, #24 Exhibit Def Exh 118, #25 Exhibit Def Exh 120, #26 Exhibit Def Exh 121, #27 Exhibit Def Exh 122, #28 Exhibit Def Exh 123, #29 Exhibit Def Exh 124, #30 Exhibit Def Exh 125, #31 Exhibit Def Exh 126, #32 Exhibit Def Exh 127, #33 Exhibit Def Exh 128, #34 Exhibit Def Exh 129, #35 Exhibit Def Exh 130, #36 Exhibit Def Exh 131, #37 Exhibit Def Exh 132, #38 Exhibit Def Exh 133, #39 Exhibit Def Exh 134, #40 Exhibit Def Exh 135, #41 Exhibit Def Exh 136, #42 Exhibit Def Exh 094, #43 Exhibit Def Exh 095, #44 Exhibit Def Exh 096, #45 Exhibit Def Exh 097, #46 Exhibit Def Exh 098, #47 Exhibit Def Exh 099, #48 Exhibit Def Exh 100, #49 Exhibit Def Exh 101, #50 Exhibit Def Exh 102, #51 Exhibit Def Exh 104, #52 Exhibit Def Exh 138, #53 Exhibit Def Exh 150, #54 Exhibit Def Exh 151, #55 Exhibit Def Exh 152, #56 Exhibit Def Exh 103)(Kaplan, Kevin)

March 31, 2022

Filing 212 Motion for Judicial Notice by Evofem Biosciences, Inc. (Kaplan, Kevin) Modified to convert document to a motion on 4/1/2022 (ls).

March 29, 2022

Filing 211 TRANSCRIPT of Discovery Hearing held on 8/23/21 before Magistrate Judge Bruce E. Reinhart, 1-30 pages, Court Reporter: Joanne Mancari, 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 4/19/2022. Redacted Transcript Deadline set for 4/29/2022. Release of Transcript Restriction set for 6/27/2022. (hh)

March 29, 2022

Filing 210 REPORT AND RECOMMENDATIONS re #112 MOTION for Summary Judgment filed by Evofem Biosciences, Inc., #124 MOTION to Strike Evofem's Fourth Affirmative Defense of Unclean Hands filed by TherapeuticsMD, Inc. Recommending Motion for Summary Judgment (ECF No. 112) be Denied, Motion for Partial Summary Judgment (ECF No. 128-1) be Granted in Part and Denied in Part and Motion to Strike Defendant's Fourth Affirmative Defense (ECF No. 124) be Denied as Moot. Objections to R&R due by 4/12/2022. Signed by Magistrate Judge Bruce E. Reinhart on 3/29/2022. See attached document for full details. (ls)

March 29, 2022

Filing 209 REPORT AND RECOMMENDATIONS re #116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law filed by TherapeuticsMD, Inc., #111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses filed by Evofem Biosciences, Inc. Recommending Motion to Exclude Defendant's Experts (ECF No. 116) be Denied and Motion to Exclude Plaintiff's Experts (ECF No. 111/126) be Granted in Part and Denied in Part.. Objections to R&R due by 4/12/2022. Signed by Magistrate Judge Bruce E. Reinhart on 3/29/2022. See attached document for full details. (ls)

March 29, 2022

Filing 208 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Discovery Hearing on ECF No. 202 held on 3/29/2022. The Court overruled Defendant's objection to Plaintiff's request to depose its employee Adam Gilbert on or before April 1, 2022. Plaintiff established good cause to take the deposition at this time. The deposition is limited to 90 minutes. Total time in court: 10 minutes. (Digital BER_1_3.29.2022) (hk02)

March 29, 2022

Filing 207 Unopposed MOTION to Seal File under Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kaplan, Kevin) Modified Text on 3/30/2022 (ls).

March 28, 2022

Filing 206 Unopposed MOTION to Seal File under Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order ) (Bain, Joseph) Modified Text on 3/29/2022 (ls).

March 28, 2022

Filing 205 MOTION in Limine (Omnibus) (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)

March 28, 2022

Filing 204 NOTICE by TherapeuticsMD, Inc. of Filing Exhibits in Support of its Omnibus Motion in Limine (Attachments: #1 Exhibit 1 - Excerpt from FDAs Proprietary Name Review for PHEXXI (EVOFEM_001200), #2 Exhibit 2 - Dyan Rowe Davis Deposition Transcript Excerpts (November 5, 2021), #3 Exhibit 3 - Expert Rebuttal Report of Jeff Anderson (October 18, 2021), #4 Exhibit 4 - Goodnight v. Boston Scientific Corporation Transcript of Motion Hearing (February 12, 2020), #5 Exhibit 5 - USPTO File History for PHEXXI, #6 Exhibit 6 - Expert Report of David Neal, PhD (September 21, 2021), #7 Exhibit 7 - Expert Rebuttal Report of David Neal, PhD (October 19, 2021), #8 Exhibit 8 - David Neal, PhD Deposition Transcript Excerpts (October 27, 2021), #9 Exhibit 9 (Redacted - to be filed under seal) Saundra Pelletier Deposition Transcript Excerpts (November 8, 2021), #10 Exhibit 10 (Composite) - Evofems Initial Disclosures and supplements thereto, #11 Exhibit 11 - Printout of Erin Reilys LinkedIn page, #12 Exhibit 12 - Printout of Nancy Kivel, MDs LinkedIn page, #13 Exhibit 13 (Redacted - to be filed under seal) Stewart Brown Deposition Transcript Excerpts (May 28, 2021), #14 Exhibit 14 - Emails between counsel May 5, 2021 through May 13, 2021, #15 Exhibit 15 (Composite) (Redacted to be filed under seal) Plaintiffs Trial Exhibits: P-062, P-091, P-227, P-228 (Evofem emails)) (Bain, Joseph)

March 28, 2022

Filing 203 Plaintiff's MOTION to Bifurcate Evofem's Equitable Defenses of Equitable Estoppel and Unclean Hands by TherapeuticsMD, Inc.. Responses due by 4/11/2022 (Bain, Joseph)

March 28, 2022

Filing 202 NOTICE by TherapeuticsMD, Inc. re 195 Order Setting/Cancelling Hearing, Joint Discovery Memorandum (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Bain, Joseph)

March 28, 2022

Filing 201 Proposed Findings of Fact and Proposed Conclusions of Law (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)

March 28, 2022

Filing 200 NOTICE by TherapeuticsMD, Inc. of Filing Joint Proposed Jury Instructions and Verdict Forms (Attachments: #1 Exhibit A - Joint Proposed Jury Instructions, #2 Exhibit B - Joint Proposed Jury Verdict Form) (Bain, Joseph)

March 28, 2022

Filing 199 PRETRIAL STIPULATION Joint by Evofem Biosciences, Inc. (Attachments: #1 Exhibit A - TherapeuticsMD's Exhibit List, #2 Exhibit B - Evofem's Exhibit List, #3 Exhibit C - TherapeuticsMD's Witness List, #4 Exhibit D - Evofem's Witness List)(Kaplan, Kevin)

March 28, 2022

Filing 198 Proposed Findings of Fact and Proposed Conclusions of Law Notice of Filing by Evofem Biosciences, Inc.. (Attachments: #1 Proposed Findings of Fact and Conclusions of Law)(Kaplan, Kevin)

March 28, 2022

Filing 197 MOTION to Strike Plaintiff's Claim for Punitive Damages, MOTION to Bifurcate Equitable Claims by Evofem Biosciences, Inc.. Responses due by 4/11/2022 (Kaplan, Kevin)

March 28, 2022

Filing 196 MOTION in Limine by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kaplan, Kevin)

March 28, 2022

Filing 195 PAPERLESS Order setting a Telephone Discovery Hearing for 3/29/2022 at 3:30 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 3/28/2022. (hk02)

March 2, 2022

Filing 194 Notice of Supplemental Authority re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing Notice of Supplemental Authority in Support of Defendant's Motion for Summary Judgment by Evofem Biosciences, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Kaplan, Kevin)

February 7, 2022

Filing 193 NOTICE by TherapeuticsMD, Inc. re 192 Order,,, Joint Notice Regarding Pending Daubert and Summary Judgment Motions and Their Related Filings (Bain, Joseph)

February 2, 2022

Filing 192 PAPERLESS ORDER directing the parties to file a joint notice listing the pending Daubert motions and summary judgment motions along with the corresponding docket entries of both the unsealed/redacted filings and the sealed versions. This list shall include every filing associated with each motion and identify the party filing it and the type of filing (e.g.: response in opposition, reply papers, statement of facts, statement of additional facts, exhibits, etc.). Each filing must identify the docket entries (both sealed and unsealed versions). Counsel shall indicate on the list whether a publicly-available filing contains any redactions and identify which documents are only available under seal along with the corresponding sealed docket entry. Signed by Magistrate Judge Bruce E. Reinhart on 2/2/2022. (hk02)

January 26, 2022

Filing 191 ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Pretrial, Non-Dispositive Matters. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2022. See attached document for full details. (ls)

January 14, 2022

SYSTEM ENTRY - Docket Entry 190 [misc] restricted/sealed until further notice. (642535)

January 13, 2022

Filing 189 PAPERLESS ORDER Granting Plaintiff's Motion to Seal ECF No. #179 . Plaintiff is authorized to file unredacted versions of its Daubert Reply and Exhibit S thereto under seal. Plaintiff shall file redacted versions of the filings on the public CM/ECF docket. The unredacted versions of the filings shall remain under seal until further order from this Court. Signed by Judge Rodolfo A. Ruiz, II on 1/13/2022. (gp)

January 13, 2022

SYSTEM ENTRY - Docket Entry 188 [misc] restricted/sealed until further notice. (642535)

January 12, 2022

SYSTEM ENTRY - Docket Entry 185 [misc] restricted/sealed until further notice. (647140)

January 12, 2022

SYSTEM ENTRY - Docket Entry 186 [misc] restricted/sealed until further notice. (647140)

January 12, 2022

SYSTEM ENTRY - Docket Entry 187 [misc] restricted/sealed until further notice. (647140)

January 11, 2022

Filing 184 PAPERLESS ORDER Granting Plaintiff's Motion to File Under Seal ECF No. #175 . Plaintiff may file its Reply in Support of its Motion for Partial Summary Judgment and Reply to Evofem's Opposing Statement of Material Facts and Statement of Additional Facts under seal. Plaintiff shall file redacted versions of the documents on the public CM/ECF docket. The unredacted versions of the filings shall remain under seal until further order from this Court. Signed by Judge Rodolfo A. Ruiz, II on 1/11/2022. (gp)

January 11, 2022

Filing 183 REPLY to Response to Motion re #111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses filed by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit Q (to be filed separately under seal))(Kaplan, Kevin)

January 11, 2022

Filing 182 REPLY to #149 Response/Reply (Other) TherapeuticsMD's Statement of Material Facts in Response to Evofem's Statement of Undisputed Facts by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit 32, #2 Exhibit 33 (to be filed separately under seal), #3 Exhibit 34, #4 Exhibit 35)(Kaplan, Kevin)

January 11, 2022

Filing 181 REPLY to Response to Motion re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing (redacted) filed by Evofem Biosciences, Inc.. (Kaplan, Kevin)

January 11, 2022

Filing 180 REPLY to #116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law in Support (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)

January 11, 2022

Filing 179 Unopposed MOTION to Seal TherapeuticsMD's Reply in Support of its Omnibus Daubert Motion to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law and Exhibit S thereto per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion to File Under Seal) (Bain, Joseph)

January 11, 2022

Filing 178 NOTICE by TherapeuticsMD, Inc. of Filing Exhibits to its Reply in Support of Daubert Motion (Attachments: #1 Exhibit Q - Carter Dep. Excerpts, #2 Exhibit R - Anderson Dep. Excerpts, #3 Exhibit S (Redacted - to be filed under seal) - Glennon Dep. Excerpts, #4 Exhibit T - Swann Kilpatrick Attorney Profile, #5 Exhibit U - Anderson Rept Doc 45 - Bial and Sepracor, #6 Exhibit V - Anderson Rept Doc 46 - Wright Medical Tech and KCI Medical Resources) (Bain, Joseph)

January 11, 2022

Filing 177 REPLY to #118 MOTION for Partial Summary Judgment in Support (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)

January 11, 2022

Filing 176 REPLY to Evofem's Opposing Statement of Material Facts and Statement of Additional Facts (Redacted) by TherapeuticsMD, Inc.. (Bain, Joseph)

January 11, 2022

Filing 175 Unopposed MOTION to Seal TherapeuticsMD's Reply in Support of its Motion for Partial Summary Judgment and TherapeuticsMD's Reply to Evofem's Opposing Statement of Material Facts and Statement of Additional Facts per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion to File Under Seal) (Bain, Joseph)

January 11, 2022

Filing 174 PAPERLESS ORDER Granting Defendant's Motion to File Under Seal ECF No. #173 . Defendant may file under seal unredacted versions of its Reply in Support of its Daubert Motion to Exclude Plaintiff's Expert Witnesses, along with Exhibit Q thereto, and Reply Memorandum of Law in Further Support of its Motion for Summary Judgment and an unredacted version of Defendant's Reply to TXMD's Statement of Material Facts, along with Exhibit 33 thereto within one (1) day of the date of entry of this Order. The unredacted documents are to remain under seal until further order of the Court. Signed by Judge Rodolfo A. Ruiz, II on 1/11/2022. (gp)

January 11, 2022

Filing 173 UNOPPOSED MOTION to File Under Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kaplan, Kevin) Modified text on 1/12/2022 (kpe).

January 11, 2022

SYSTEM ENTRY - Docket Entry 172 [misc] restricted/sealed until further notice. (647140)

January 7, 2022

Filing 171 PAPERLESS ORDER Granting Joint Motion to Exceed Pages ECF No #169 . The Parties' replies in support of their Daubert motions and motions for summary judgment shall not exceed fifteen (15) pages in total length. Signed by Judge Rodolfo A. Ruiz, II on 1/7/2022. (jb)

January 7, 2022

Filing 170 PAPERLESS ORDER Granting Defendant's Unopposed Motion to Strike ECF No. #168 . Defendant's Partial Motion for Summary Judgment (ECF No. 139) and its Opposing Statement of Material Facts (ECF No. 140) are STRICKEN. Defendant shall file redacted versions of the documents on or before January 11, 2022. Signed by Judge Rodolfo A. Ruiz, II on 1/7/2022. (jb)

January 7, 2022

Filing 169 Joint MOTION for Leave to File Excess Pages Joint Motion for Five Additional Pages for Replies in Support of Daubert Motions and Motions for Summary Judgment by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin)

January 7, 2022

Filing 168 Unopposed MOTION to Strike #140 Response/Reply (Other),,,,, #139 Response in Opposition to Motion Defendant's Unopposed Motion to Strike and File Redacted Versions of ECF Nos. 139 and 140 by Evofem Biosciences, Inc.. Responses due by 1/21/2022 (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin)

December 30, 2021

Filing 165 CORRECTED RESPONSE in Opposition re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing , #154 Unopposed MOTION to Amend/Correct #148 Response in Opposition to Motion, TherapeuticsMD's Corrected Opposition to Evofem's Motion for Summary Judgment (redacted) filed by TherapeuticsMD, Inc.. Replies due by 1/6/2022. (Bain, Joseph) Text Modified on 12/30/2021 (amb).

December 30, 2021

Filing 163 Clerks Notice to Filer re 162 SEALED MOTION. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was corrected by the Clerk. It is not necessary to refile this document. (nc)

December 30, 2021

SYSTEM ENTRY - Docket Entry 164 [misc] restricted/sealed until further notice. (642535)

December 30, 2021

SYSTEM ENTRY - Docket Entry 167 [misc] restricted/sealed until further notice. (642535)

December 30, 2021

SYSTEM ENTRY - Docket Entry 166 [misc] restricted/sealed until further notice. (642535)

December 29, 2021

SYSTEM ENTRY - Docket Entry 162 [motion] restricted/sealed until further notice. (647140)

December 29, 2021

SYSTEM ENTRY - Docket Entry 161 [misc] restricted/sealed until further notice. (647140)

December 28, 2021

Filing 160 ORDER granting #147 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. See attached document for full details. (gp)

December 28, 2021

Filing 159 ORDER granting #144 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. See attached document for full details. (gp)

December 28, 2021

Filing 158 ORDER granting #142 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. See attached document for full details. (gp)

December 28, 2021

Reset Deadline per DE #157 as to #118 MOTION for Partial Summary Judgment . Plaintiff Corrected Opposition due by 12/31/2021. (scn)

December 28, 2021

Filing 157 PAPERLESS ORDER Granting Plaintiff's Unopposed Motion to Amend/Correct. ECF No. #154 . Plaintiff shall file its Corrected Opposition to Defendant's Motion For Summary Judgment (ECF No. #118 ) on or before December 31, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. (jb)

December 28, 2021

Filing 156 PAPERLESS ORDER Granting Plaintiff's Unopposed Motion to Strike. ECF No. #153 . Plaintiff's Reply in Support of its Motion to Strike Defendant's Fourth Affirmative Defense of Unclean Hands (ECF No. #143 ) is STRICKEN. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. (jb)

December 28, 2021

Filing 155 PAPERLESS ORDER Granting Plaintiff's Unopposed Motion for Extension of Time. ECF No. #152 . Plaintiff's Notice of Filing Exhibits A-Z (ECF No. #150 at 12:30 a.m. on December 24, 2021) and second Notice of Filing Exhibits AA-XX (ECF No. #151 at 12:47 a.m. on December 24, 2021) to its Opposition Statement of Material Facts (ECF No. #149 ) are deemed timely filed. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2021. (jb)

December 28, 2021

Filing 154 Unopposed MOTION to Amend/Correct #148 Response in Opposition to Motion, by TherapeuticsMD, Inc.. Responses due by 1/11/2022 (Attachments: #1 Exhibit 1 - (Redacted) Corrected Opposition to Evofem's Motion for Summary Judgment, #2 Text of Proposed Order Granting TherapeuticsMD's Unopposed Motion for Leave to File a to Evofem's Motion for Summary Judgment)(Bain, Joseph)

December 28, 2021

Filing 153 Unopposed MOTION to Strike #143 Reply to Response to Motion, by TherapeuticsMD, Inc.. Responses due by 1/11/2022 (Attachments: #1 Text of Proposed Order Granting TherapeuticsMD's Unopposed Motion to Strike ECF No. 143)(Bain, Joseph)

December 28, 2021

Filing 152 Unopposed MOTION for Extension of Time (One-Hour) to File Exhibits in Support of Opposition Statement of Material Facts re #151 Notice (Other),,,, #149 Response/Reply (Other), #150 Notice (Other),,,, by TherapeuticsMD, Inc.. Responses due by 1/11/2022 (Attachments: #1 Exhibit 1 - Declaration of Ginger Bennett, #2 Text of Proposed Order Granting TherapeuticsMD's Unopposed Motion for a One-Hour Extension of Time to File Exhibits)(Bain, Joseph)

December 24, 2021

Filing 151 NOTICE by TherapeuticsMD, Inc. re #149 Response/Reply (Other) of Filing Exhibits AA-XX to Its Statement of Material Facts in Response to Evofem's Statement of Undisputed Facts (Attachments: #1 Exhibit AA - Redacted, #2 Exhibit BB - Redacted, #3 Exhibit CC - Redacted, #4 Exhibit DD - Redacted, #5 Exhibit EE- Redacted, #6 Exhibit FF - Redacted, #7 Exhibit GG - Redacted, #8 Exhibit HH - Redacted, #9 Exhibit II - Redacted, #10 Exhibit JJ - Redacted, #11 Exhibit KK - Redacted, #12 Exhibit LL - Redacted, #13 Exhibit MM - Redacted, #14 Exhibit NN - Redacted, #15 Exhibit OO - Redacted, #16 Exhibit PP - Redacted, #17 Exhibit QQ - TXMD Response to Evofem ROG 9, #18 Exhibit RR - Redacted, #19 Exhibit SS - PHEXXI Certificate of Registration, #20 Exhibit TT - PHEXXI Statement of Use and Specimen, #21 Exhibit UU - tmep-1400, #22 Exhibit VV - Vanderhart Decl., #23 Exhibit WW - Wind Decl., #24 Exhibit XX - Disner Decl.) (Bain, Joseph)

December 24, 2021

Filing 150 NOTICE by TherapeuticsMD, Inc. re #149 Response/Reply (Other) of Filing Exhibits A-Z to Its Statement of Material Facts in Response to Evofem's Statement of Undisputed Facts (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Exhibit C - Redacted, #4 Exhibit D - Redacted, #5 Exhibit E - 2021-08-25 Evofem's Notice of Taking Depo of TXMD, #6 Exhibit F - Redacted, #7 Exhibit G - Disner Depo Excerpts, #8 Exhibit H - Redacted, #9 Exhibit I - Redacted, #10 Exhibit J - Redacted, #11 Exhibit K - Email re canceling depos, #12 Exhibit L - Redacted, #13 Exhibit M - Dr. Barrett Decl, #14 Exhibit N - Redacted, #15 Exhibit O - Redacted, #16 Exhibit P - Redacted, #17 Exhibit Q - Redacted, #18 Exhibit R - Redacted, #19 Exhibit S - Redacted, #20 Exhibit T - TXMD000003, #21 Exhibit U - Redacted, #22 Exhibit V - Dr. Disner Expert Report, #23 Exhibit W - Redacted, #24 Exhibit X - TXMD Fifth Amended Initial Disclosures, #25 Exhibit Y - Redacted, #26 Exhibit Z - Redacted) (Bain, Joseph)

December 23, 2021

Filing 149 REPLY to #113 Statement,,,,,,, of Material Facts in Response to Evofem's Statement of Undisputed Facts by TherapeuticsMD, Inc.. (Bain, Joseph)

December 23, 2021

Filing 148 RESPONSE in Opposition re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing TherapeuticsMD's Opposition to Evofem's Motion for Summary Judgment filed by TherapeuticsMD, Inc.. Replies due by 12/30/2021. (Bain, Joseph)

December 23, 2021

Filing 147 Unopposed MOTION to Seal Unopposed Motion to File Under Seal TherapeuticsMD's Opposition to Evofem's Motion for Summary Judgment, TherapeuticsMD's Statement of Material Facts in Response to Evofem's Statement of Undisputed Facts, and Exhibits A, B, C, D, F, H, I, J, L, N, O, P, Q, R, S, U, W, Y, Z, AA, BB, CC, DD, EE, FF, GG, HH, II, JJ, KK, LL, MM, NN, OO, PP, and RR per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order) (Leonard, Patricia)

December 23, 2021

Filing 146 RESPONSE in Opposition re #111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses TherapeuticsMD's Opposition to Evofem's Daubert Motion to Exclude TherapeuticsMD's Experts filed by TherapeuticsMD, Inc.. Replies due by 12/30/2021. (Attachments: #1 Exhibit 1 - Appendix A - Resume, #2 Exhibit 2 - (Redacted), #3 Exhibit 3 - (Redacted), #4 Exhibit 4 - Appendix C1, #5 Exhibit 5 - Wind Supplemental Report, #6 Exhibit 6 - (Redacted), #7 Exhibit 7 - (Redacted, #8 Exhibit 8 - Neal Excerpts, #9 Exhibit 9 - (Redacted), #10 Exhibit 10 - Excerpts from Appx. C1-2, #11 Exhibit 11 - Excerpts from Appx. C1-3, #12 Exhibit 12 - Excerpts from Appx. D1-2, #13 Exhibit 13 - Excerpts from Appx. D1-3, #14 Exhibit 14 - (Redacted), #15 Exhibit 15 - (Redacted), #16 Exhibit 16 - (Redacted), #17 Exhibit 17 - Carter Excerpts, #18 Exhibit 18 - Expert Rebuttal Report of Dr. D. DeLeon, #19 Exhibit 19 - Dr. Disner Expert Report, #20 Exhibit 20 - (Redacted), #21 Exhibit 21 - (Redacted), #22 Exhibit 22 - Disner Excerpts, #23 Exhibit 23 - Vanderhart Decl, #24 Exhibit 24 - Wind Decl, #25 Exhibit 25 - Disner Decl)(Bain, Joseph)

December 23, 2021

Filing 145 Corrected REPLY to Response to Motion re #124 MOTION to Strike Evofem's Fourth Affirmative Defense of Unclean Hands TherapeuticsMD's Corrected Reply in Support of Its Motion to Strike Evofem's Fourth Affirmative Defense of Unclean Hands filed by TherapeuticsMD, Inc.. (Bain, Joseph)

December 23, 2021

Filing 144 Unopposed MOTION to Seal Motion to File Under Seal TherapeuticsMD's Opposition to Evofem's Daubert Motion to Exclude TherapeuticsMD's Experts and Exhibits 2, 3, 6, 7, 9, 14, 15, 16, 20, and 21 per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order) (Leonard, Patricia)

December 23, 2021

Filing 143 (STRICKEN PER DE#156) REPLY to Response to Motion re #124 MOTION to Strike Evofem's Fourth Affirmative Defense of Unclean Hands TherapeuticsMD's Reply in Support of Its Motion to Strike Evofem's Fourth Affirmative Defense of Unclean Hands filed by TherapeuticsMD, Inc.. (Bain, Joseph) Text Modified on 12/29/2021 (scn).

December 23, 2021

Filing 142 Unopposed MOTION to Seal (i) unredacted version of DE141; (ii) Exhs. C & D to DE141 and (iii) Exhs. 2, 7-9, 11-24, 26, 28, 28, 30 & 33 to DE140 per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kaplan, Kevin)

December 23, 2021

Filing 141 RESPONSE in Opposition re #116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law filed by Evofem Biosciences, Inc.. Replies due by 12/30/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - TO BE FILED UNDER SEAL, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F - TO BE FILED UNDER SEAL, #7 Exhibit G, #8 Exhibit H)(Kaplan, Kevin)

December 23, 2021

Filing 140 "STRICKEN" RESPONSE to #119 Statement, Opposing Statement of Material Facts on TXMD's Motion for Summary Judgment by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit 01, #2 Exhibit 02 - TO BE FILED UNDER SEAL, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07 - TO BE FILED UNDER SEAL, #8 Exhibit 08 - TO BE FILED UNDER SEAL, #9 Exhibit 09 - TO BE FILED UNDER SEAL, #10 Exhibit 10, #11 Exhibit 11 - TO BE FILED UNDER SEAL, #12 Exhibit 12 - TO BE FILED UNDER SEAL, #13 Exhibit 13 - TO BE FILED UNDER SEAL, #14 Exhibit 14 - TO BE FILED UNDER SEAL, #15 Exhibit 15 - TO BE FILED UNDER SEAL, #16 Exhibit 16 - TO BE FILED UNDER SEAL, #17 Exhibit 17 - TO BE FILED UNDER SEAL, #18 Exhibit 18 - TO BE FILED UNDER SEAL, #19 Exhibit 19 - TO BE FILED UNDER SEAL, #20 Exhibit 20 - TO BE FILED UNDER SEAL, #21 Exhibit 21 - TO BE FILED UNDER SEAL, #22 Exhibit 22 - TO BE FILED UNDER SEAL, #23 Exhibit 23 - TO BE FILED UNDER SEAL, #24 Exhibit 24 - TO BE FILED UNDER SEAL, #25 Exhibit 25, #26 Exhibit 26 - TO BE FILED UNDER SEAL, #27 Exhibit 27, #28 Exhibit 28 - TO BE FILED UNDER SEAL, #29 Exhibit 29, #30 Exhibit 30 - TO BE FILED UNDER SEAL, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33 - TO BE FILED UNDER SEAL)(Kaplan, Kevin) Modified on 1/10/2022 (ls). (per DE #170)

December 23, 2021

Filing 139 "STRICKEN" RESPONSE in Opposition re #118 MOTION for Partial Summary Judgment filed by Evofem Biosciences, Inc.. Replies due by 12/30/2021. (Kaplan, Kevin) Modified on 1/10/2022 (ls). (per DE #170)

December 17, 2021

Filing 138 PAPERLESS Order Granting Plaintiff's Motion to Exceed Page Limit. ECF No. #137 . Plaintiff's opposition memoranda to Defendant's Motion for Summary Judgment and Daubert Motion shall not exceed 25 pages. Signed by Judge Rodolfo A. Ruiz, II on 12/17/2021. (jb)

December 17, 2021

Filing 137 MOTION for Leave to File Excess Pages by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting TherapeuticsMD's Motion to Exceed Page Limits)(Leonard, Patricia)

December 16, 2021

Filing 136 RESPONSE in Opposition re #124 MOTION to Strike Evofem's Fourth Affirmative Defense of Unclean Hands filed by Evofem Biosciences, Inc.. Replies due by 12/23/2021. (Kaplan, Kevin)

December 14, 2021

Filing 135 ANSWER to Counterclaim by TherapeuticsMD, Inc.. (Bain, Joseph)

December 13, 2021

Filing 134 PAPERLESS ORDER Granting Defendant's Motion for Extension of Time. ECF No. #132 . Defendant shall file its opposition to Plaintiffs' Omnibus Daubert Motion to Exclude Certain Testimony of Defendant's Experts, ECF No. #116 , and Motion for Partial Summary Judgment, ECF No. #118 , on or before December 23, 2021. Additionally, Defendant shall file replies to its Omnibus Daubert Motion to Exclude Certain Testimony of Defendant's Experts, ECF No. #116 , and Motion for Partial Summary Judgment, ECF No. #118 , on or before January 11, 2022. Signed by Judge Rodolfo A. Ruiz, II on 12/13/2021. (jb03)

December 13, 2021

Filing 133 NOTICE of Attorney Appearance by Dorothy Camille Kafka on behalf of Evofem Biosciences, Inc.. Attorney Dorothy Camille Kafka added to party Evofem Biosciences, Inc.(pty:dft). (Kafka, Dorothy)

December 13, 2021

Filing 132 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 131 Order on Motion for Extension of Time,, Defendant Evofem's Unopposed Motion for Corresponding Extension of Time to File Briefs by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin)

December 10, 2021

Reset Deadlines as to #111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses, #112 MOTION for Summary Judgment, MOTION for Hearing (Responses due by 12/23/2021); as to #118 MOTION for Partial Summary Judgment, #116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law (Replies due by 1/11/2022). (per DE #131) (ls)

December 10, 2021

Filing 131 PAPERLESS ORDER Granting Plaintiff's Motion for Extension of Time. ECF No. #130 . Plaintiff shall file its opposition to Defendant's Daubert Motion to Exclude Plaintiff's Expert Witnesses #111 and opposition to Defendant's Motion for Summary Judgment #112 on or before December 23, 2021. Additionally, Plaintiff shall file replies to its Omnibus Daubert Motion to Exclude Certain Testimony of Defendant's Experts #116 and Motion for Partial Summary Judgment #118 on or before January 11, 2022. Signed by Judge Rodolfo A. Ruiz, II on 12/10/2021. (jb03)

December 10, 2021

Filing 130 Plaintiff's MOTION for Extension of Time to File Opposition and Reply Briefs re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing , #116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law , #111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses , #118 MOTION for Partial Summary Judgment by TherapeuticsMD, Inc.. Responses due by 12/27/2021 (Attachments: #1 Text of Proposed Order)(Bain, Joseph)

December 6, 2021

Set/Reset Deadlines/Hearings: Pretrial Stipulation due by 3/28/2022. Calendar Call set for 5/3/2022 at 11:00 AM before Judge Rodolfo A. Ruiz II. Jury Trial set for 5/9/2022 before Judge Rodolfo A. Ruiz II. SEE DE 129 ORDER (ail) Text Modified on 12/6/2021 (ail).

December 5, 2021

Filing 129 PAPERLESS ORDER Amending Previous Scheduling Orders and Resetting Trial. Upon sua sponte review of the Court's current trial schedule, the Court's previous Scheduling Orders, ECF Nos. #22 , 98 , and #103 , are hereby amended as follows:This Case is re-set for trial during the Court's two-week trial period beginning on May 9, 2022.The parties shall also appear at a calendar call at 11:00 A.M. on May 3, 2022. Joint pre-trial stipulation, proposed jury instructions and verdict form, or proposed findings of fact and conclusions of law, and motions in limine shall be filed on or before March 28, 2022.Opposition to motions in limine shall be filed on or before April 11, 2022.Replies to motions in limine shall be filed on or before April 18, 2022. Signed by Judge Rodolfo A. Ruiz, II on 12/5/2021. (jb) Modified on 12/6/2021 (gp).

December 3, 2021

SYSTEM ENTRY - Docket Entry 125 [misc] restricted/sealed until further notice. (647140)

December 3, 2021

SYSTEM ENTRY - Docket Entry 126 [motion] restricted/sealed until further notice. (647140)

December 3, 2021

SYSTEM ENTRY - Docket Entry 128 [misc] restricted/sealed until further notice. (642535)

December 3, 2021

SYSTEM ENTRY - Docket Entry 127 [misc] restricted/sealed until further notice. (642535)

December 2, 2021

Filing 124 MOTION to Strike Evofem's Fourth Affirmative Defense of Unclean Hands by TherapeuticsMD, Inc.. Responses due by 12/16/2021 (Bain, Joseph)

December 2, 2021

Filing 123 TRANSCRIPT of Official Electronic Sound Recording of Proceedings held on 9/17/2021 before Magistrate Judge Bruce E. Reinhart, 1 - 51 pages, Court Reporter/Transcriber: James Pence-Aviles, 305-523-5633 / James_PenceAviles@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 12/23/2021. Redacted Transcript Deadline set for 1/3/2022. Release of Transcript Restriction set for 3/2/2022. (jps)

December 1, 2021

Filing 122 ORDER granting #117 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/1/2021. See attached document for full details. (gp)

December 1, 2021

Filing 121 ORDER granting #115 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/1/2021. See attached document for full details. (gp)

December 1, 2021

Filing 120 ORDER granting #114 Motion to File Under Seal. Signed by Judge Rodolfo A. Ruiz, II on 12/1/2021. See attached document for full details. (gp)

November 30, 2021

Filing 119 Statement of: Material Facts in Support of TherapeuticsMD's Motion for Partial Summary Judgment by TherapeuticsMD, Inc. re #118 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A (Redacted), #2 Composite Exhibit B (Redacted), #3 Exhibit C, #4 Exhibit D (Redacted), #5 Exhibit E (Redacted), #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J (Redacted))(Bain, Joseph)

November 30, 2021

Filing 118 MOTION for Partial Summary Judgment by TherapeuticsMD, Inc.. Responses due by 12/14/2021 (Attachments: #1 Text of Proposed Order Granting TherapeuticsMD's Motion for Partial Summary Judgment)(Bain, Joseph)

November 30, 2021

Filing 117 Plaintiff's MOTION to Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order) (Bain, Joseph)

November 30, 2021

Filing 116 Omnibus Daubert MOTION to Exclude Certain Testimony of Defendant's Experts and Incorporated Memorandum of Law by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Bain, Joseph) Modified Text on 12/1/2021 (ls).

November 30, 2021

Filing 115 MOTION to Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Bain, Joseph)

November 30, 2021

Filing 114 MOTION to Seal per Local Rule 5.4 by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kaplan, Kevin)

November 30, 2021

Filing 113 Statement of: Undisputed Facts Defendant Evofem Biosciences, Inc's Statement of Undisputed Facts by Evofem Biosciences, Inc. re #112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment MOTION for Hearing (Attachments: #1 Ex 1 - FILED UNDER SEAL, #2 Ex 2 - FILED UNDER SEAL, #3 Ex 3 - FILED UNDER SEAL, #4 Ex 4 - Center for Drug Evaluation and Research Proprietary Name Review, #5 Ex 5- FILED UNDER SEAL, #6 Ex 6 - CompuMark Trademark Research Report, #7 Ex 7 - Evofem's Responses to TherapeuticsMD's Interrogatories (Set One) (Nos. 1-15), #8 Ex 8 - TXMD's Response to Evofem's First Set of Interrogatories 20210519_Final, #9 Ex 9 - Expert Report of David Neal Ph.D., #10 Ex 10 - Expert Rebuttal Report of David Neal, #11 Ex 11 - EVOFEM_102663, #12 Ex 12 - Wind Rebuttal Report 2021-10-05, #13 Ex 13 - FILED UNDER SEAL, #14 Ex 14 - FILED UNDER SEAL, #15 Ex 15 - FILED UNDER SEAL, #16 Ex 16 - FILED UNDER SEAL, #17 Ex 17 - FILED UNDER SEAL, #18 Ex 18 - FILED UNDER SEAL, #19 Ex 19 - FILED UNDER SEAL, #20 Ex 20 - Letters from Evofem Counsel to TXMD Counsel, #21 Ex 21 - FILED UNDER SEAL, #22 Ex 22 - FILED UNDER SEAL, #23 Ex 23 - FILED UNDER SEAL, #24 Ex 24 - TXMD Fourth Amended Initial Disclosure, #25 Ex 25 - 2021-10-18 TXMD's Second Supplemental Response to Evofem's Second Set of Interrogatories 16-17, #26 Ex 26 - FILED UNDER SEAL, #27 Ex 27 - TXMD's First Supplemental Response to Evofem's First Set of Interrogatories 6, 8, 12-15 and 18, #28 Ex 28 - Anderson Rebuttal Report, #29 Ex 29 - Brown Depo. Excerpts, #30 Ex 30 - IMVEXXY Prosecution History, #31 Ex 31 - transcript of 09.17.21 hrg before Magistrate Reinhart)(Kaplan, Kevin)

November 30, 2021

Filing 112 MOTION for Summary Judgment Defendant Evofem Biosciences, Inc's Motion for Summary Judgment ( Responses due by 12/14/2021), MOTION for Hearing by Evofem Biosciences, Inc.. (Kaplan, Kevin)

November 30, 2021

Filing 111 Daubert MOTION to Exclude Plaintiff's Expert Witnesses by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit A to be filed separately under seal, #2 Exhibit B to be filed separately under seal, #3 Exhibit C, #4 Exhibit D to be filed separately under seal, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K to be filed separately under seal, #12 Exhibit L to be filed separately under seal, #13 Exhibit M to be filed separately under seal, #14 Exhibit N to be filed separately under seal, #15 Exhibit O, #16 Exhibit P)(Kaplan, Kevin)

November 23, 2021

Filing 110 ANSWER and Affirmative Defenses to Amended Complaint by Evofem Biosciences, Inc.. (Kaplan, Kevin)

November 22, 2021

Filing 109 NOTICE of Attorney Appearance by Paul Joseph Schwiep on behalf of Evofem Biosciences, Inc.. Attorney Paul Joseph Schwiep added to party Evofem Biosciences, Inc.(pty:cc), Attorney Paul Joseph Schwiep added to party Evofem Biosciences, Inc.(pty:dft), Attorney Paul Joseph Schwiep added to party Evofem Biosciences, Inc.(pty:cc), Attorney Paul Joseph Schwiep added to party Evofem Biosciences, Inc.(pty:cc). (Schwiep, Paul)

November 19, 2021

Filing 108 ORDER PROVIDING INSTRUCTIONS FOR JURY TRIAL. Signed by Judge Rodolfo A. Ruiz, II on 11/19/2021. See attached document for full details. (scn)

November 17, 2021

Filing 107 ORDER granting #106 Motion to Withdraw as Attorney. James Alexander Stepan representing Evofem Biosciences, Inc. (Defendant) and Evofem Biosciences, Inc. (Counter Claimant) and Evofem Biosciences, Inc. (Counter Claimant); and Evofem Biosciences, Inc. (Counter Claimant); withdrawn from case. Signed by Judge Rodolfo A. Ruiz, II on 11/17/2021. See attached document for full details. (scn)

November 17, 2021

Filing 106 Unopposed MOTION to Withdraw as Attorney by James A. Stepan for / by Evofem Biosciences, Inc.. Responses due by 12/1/2021 (Attachments: #1 Text of Proposed Order granting motion to withdraw)(Stepan, James)

November 17, 2021

Filing 105 NOTICE of Attorney Appearance by Robert Kent Burlington on behalf of Evofem Biosciences, Inc.. Attorney Robert Kent Burlington added to party Evofem Biosciences, Inc.(pty:cc), Attorney Robert Kent Burlington added to party Evofem Biosciences, Inc.(pty:dft), Attorney Robert Kent Burlington added to party Evofem Biosciences, Inc.(pty:cc), Attorney Robert Kent Burlington added to party Evofem Biosciences, Inc.(pty:cc). (Burlington, Robert)

November 17, 2021

Filing 104 NOTICE of Attorney Appearance by Kevin Crow Kaplan on behalf of Evofem Biosciences, Inc.. Attorney Kevin Crow Kaplan added to party Evofem Biosciences, Inc.(pty:cc), Attorney Kevin Crow Kaplan added to party Evofem Biosciences, Inc.(pty:dft), Attorney Kevin Crow Kaplan added to party Evofem Biosciences, Inc.(pty:cc), Attorney Kevin Crow Kaplan added to party Evofem Biosciences, Inc.(pty:cc). (Kaplan, Kevin)

November 9, 2021

Filing 103 ORDER granting #101 Motion for Extension of Time. Signed by Judge Rodolfo A. Ruiz, II on 11/9/2021. See attached document for full details. (jb)

November 9, 2021

Filing 102 ORDER Adopting #99 Report and Recommendations on #43 Motion to Dismiss for Failure to State a Claim, filed by Evofem Biosciences, Inc., Signed by Judge Rodolfo A. Ruiz, II on 11/9/2021. See attached document for full details. (jb)

November 9, 2021

Filing 101 Joint MOTION for Extension of Time extend pretrial deadlines re 98 Order on Motion for Extension of Time,,, by Evofem Biosciences, Inc.. Responses due by 11/23/2021 (Attachments: #1 Text of Proposed Order extending pretrial deadlines)(Stepan, James)

October 28, 2021

Filing 100 FINAL MEDIATION REPORT by the Parties jointly. Disposition: Case did not settle.(Bain, Joseph)

October 21, 2021

Filing 99 REPORT AND RECOMMENDATION re #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint filed by Evofem Biosciences, Inc. Recommending the motion be denied. Objections to R&R due by 11/4/2021. Signed by Magistrate Judge Bruce E. Reinhart on 10/21/2021. See attached document for full details. (scn)

October 19, 2021

Filing 98 PAPERLESS ORDER Granting Joint Motion for Extension of Time/Case Deadlines [ECF No. 97]. The Courts Scheduling Order [ECF No. 22] is hereby amended as follows:Pre-trial motions, including motions for summary judgment and Daubert motions, shall be filed on or before November 16, 2021. Opposition to pretrial motions shall be filed on or before November 30, 2021. Replies to pretrial motions shall be filed on or before December 7, 2021. Joint pre-trial stipulation, proposed jury instructions and verdict form, or proposed findings of fact and conclusions of law, and motions in limine shall be filed on or before December 14, 2021.Opposition to motions in limine shall be filed on or before January 11, 2022.Replies to motions in limine shall be filed on or before January 18, 2022. Signed by Judge Rodolfo A. Ruiz, II on 10/19/2021. (jb)

October 18, 2021

Filing 97 Joint MOTION for Extension of Time/Case Deadlines by Evofem Biosciences, Inc.. Responses due by 11/1/2021 (Attachments: #1 Text of Proposed Order) (Stepan, James)

October 4, 2021

Filing 96 PAPERLESS ORDER Granting Defendant's Motion to Extend Deadline for Rebuttal Expert Witness Reports [ECF No. 90] ("Motion"). The Court has carefully reviewed Defendant's Motion, Plaintiff's Response [ECF No. 94], and Defendant's Reply to the Response [ECF No. 95]. Being fully advised, the Court finds an extension is warranted. Accordingly, Defendant's Motion is GRANTED. Defendant shall file its Rebuttal Expert Witness Reports on or before October 19, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/4/2021. (jb)

October 4, 2021

Filing 95 REPLY to Response to Motion re #90 MOTION for Extension of Time Extend deadline for rebuttal expert witness reports filed by Evofem Biosciences, Inc.. (Stepan, James)

October 4, 2021

Filing 94 RESPONSE in Opposition re #90 MOTION for Extension of Time Extend deadline for rebuttal expert witness reports filed by TherapeuticsMD, Inc.. Replies due by 10/12/2021. (Attachments: #1 Declaration, #2 Exhibit A - Outstanding issues in Evofem's production, #3 Exhibit B - Evofem Biosciences Inc.'s Second Set of Requests for Production to TherapeuticsMD, Inc.)(Bain, Joseph)

October 1, 2021

Filing 93 PAPERLESS ORDER Requiring Plaintiff's Expedited Response to Defendant's Motion for Extension of Time For Rebuttal Expert Witness Reports [ECF No. 90] ("Motion"). Plaintiff shall file a response to Defendant's Motion on or before October 4, 2021. Signed by Judge Rodolfo A. Ruiz, II on 10/1/2021. (jb)

October 1, 2021

Reset Deadlines as to #90 MOTION for Extension of Time Extend deadline for rebuttal expert witness reports . Responses due by 10/4/2021 (ls)(per DE #93)

September 30, 2021

Filing 92 Clerks Notice to Filer re #91 Motion for Hearing. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (scn)

September 30, 2021

Filing 91 REQUEST for Hearing by Evofem Biosciences, Inc. and/or Expedited Response to #90 MOTION for Extension of Time Extend deadline for rebuttal expert witness reports Request for hearing and expedited response from Plaintiff by September 30 2021 (Attachments: #1 Exhibit 9-30-21 emails re survey expert and supplement, #2 Exhibit TXMD's First Supplemental Response to Evofem's Second Set of Interrogatories 16 & 17, #3 Text of Proposed Order) (Stepan, James) Event type Modified on 9/30/2021 (scn).

September 28, 2021

Filing 90 MOTION for Extension of Time Extend deadline for rebuttal expert witness reports by Evofem Biosciences, Inc.. Responses due by 10/12/2021 (Attachments: #1 Affidavit Declaration of K. Cormier, #2 Exhibit Declaration Ex A TXMD's Response to Evofem's Second Set of Interrogatories, #3 Exhibit Declaration Ex B Email from D. Randall, #4 Exhibit Declaration Ex C emails with court, #5 Exhibit Declaration Ex D Email exchange re survey, #6 Text of Proposed Order granting extension)(Stepan, James)

September 22, 2021

Filing 89 NOTICE by TherapeuticsMD, Inc. re #87 Order, Joint Statement Concerning the Work-Product Privilege (Tillman, Jodi-Ann)

September 20, 2021

Filing 88 PAPERLESS Order Cancelling the Discovery Status Conference previously scheduled for 9/21/21. The Court held a hearing on 9/17/21 that resolved all outstanding discovery issues. Signed by Magistrate Judge Bruce E. Reinhart on 9/20/2021. (hk02)

September 17, 2021

Filing 87 ORDER memorializing rulings from the bench regarding Rule 30(b)(6) depositions and alleged violations of the confidentiality order. Signed by Magistrate Judge Bruce E. Reinhart on 9/17/2021. See attached document for full details. (hk02)

September 17, 2021

Filing 86 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing re: Docket Entries 70, 79, 80, 82, 85 held on 9/17/2021. Total time in court: 1 hour : 10 minutes. (Digital BER_1_.9.17.2021) (hk02)

September 17, 2021

Filing 84 PAPERLESS ORDER granting #83 Plaintiff's Motion to Seal. Signed by Magistrate Judge Bruce E. Reinhart on 9/17/2021. (hk02)

September 17, 2021

SYSTEM ENTRY - Docket Entry 85 [misc] restricted/sealed until further notice. (1903343)

September 16, 2021

Filing 83 Plaintiff's MOTION To File Under Seal re #82 Supplement by TherapeuticsMD, Inc.. (Bain, Joseph) Modified relief on 9/17/2021 (mc).

September 16, 2021

Filing 82 SUPPLEMENT to #80 Response/Reply (Other), TherapeuticsMD's Supplemental Statement Regarding Outstanding Discovery Disputes (redacted) by TherapeuticsMD, Inc. (Attachments: #1 Exhibit K, #2 Exhibit L)(Bain, Joseph)

September 16, 2021

Filing 81 PAPERLESS ORDER notifying counsel that the Court intends to cancel the discovery status conference scheduled for 9/21/21. Therefore, counsel shall be prepared to address ALL discovery disputes at tomorrow's hearing. All position statements must be filed by 5:00 p.m. today. Signed by Magistrate Judge Bruce E. Reinhart on 9/16/2021. (hk02)

September 15, 2021

Filing 80 RESPONSE to #79 Notice (Other),, TherapeuticsMD's Response to Evofem's Discovery Disputes by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Bain, Joseph)

September 15, 2021

Filing 79 NOTICE by Evofem Biosciences, Inc. re 78 Order, Evofem's Statement Re Noticed Discovery Disputes (Attachments: #1 Exhibit TXMDs Objections and Responses to Evofem_s 30(b)(6) Depo Notice, #2 Exhibit TXMD Second Amended Initial Disclosures, #3 Exhibit TXMD's Response to Evofem's Second Set of Interrogatories, #4 Exhibit Letter Compilation, #5 Exhibit TXMD's Objections to Deposition of Dr. Barrett, #6 Exhibit TXMD Letter re Declarations, #7 Exhibit Evofem - Letter to TXMD re Declarations) (Stepan, James)

September 15, 2021

Filing 78 PAPERLESS ORDER granting the parties' request to file separate memoranda of no more than seven pages each re: the discovery disputes to be addressed at Friday's hearing. Signed by Magistrate Judge Bruce E. Reinhart on 9/15/2021. (hk02)

September 14, 2021

Filing 77 STATUS REPORT JOINT DISCOVERY STATUS REPORT by TherapeuticsMD, Inc. (Bain, Joseph)

September 13, 2021

Filing 76 PAPERLESS Order setting a Telephonic Discovery Hearing for 9/17/2021 at 12:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall appear using the conference call instructions previously provided. Signed by Magistrate Judge Bruce E. Reinhart on 9/13/2021. (hk02)

September 3, 2021

Filing 75 ORDER MEMORIALIZING DISCOVERY RULINGS (ECF NO. #71 ). Signed by Magistrate Judge Bruce E. Reinhart on 9/3/2021. See attached document for full details. (scn)

September 2, 2021

Filing 74 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing on DE 71 held on 9/2/2021. Total time in court: 42 minutes. (Digital BER_1_9.2.2021) (hk02)

September 1, 2021

Filing 72 PAPERLESS ORDER granting #68 Motion to Seal certain exhibits to the Joint Discovery Memorandum (ECF No. 71). Matters unsealed upon case closing {US0YT}. Signed by Magistrate Judge Bruce E. Reinhart on 9/1/2021. (hk02)

September 1, 2021

Filing 71 NOTICE by TherapeuticsMD, Inc. re 66 Order Setting/Cancelling Hearing,, Terminate Hearings, #67 Notice (Other), (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Composite Exhibit C (redacted), #4 D (redacted)) (Tillman, Jodi-Ann)

September 1, 2021

Filing 70 NOTICE of Striking #67 Notice (Other), filed by TherapeuticsMD, Inc. Joint Discovery Memorandum by TherapeuticsMD, Inc. (Tillman, Jodi-Ann)

September 1, 2021

Filing 69 Clerks Notice to Filer re #67 Notice (Other),. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (scn)

September 1, 2021

SYSTEM ENTRY - Docket Entry 73 [misc] restricted/sealed until further notice. (1903343)

August 31, 2021

Filing 68 Unopposed MOTION to Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Unopposed Motion to Seal) (Tillman, Jodi-Ann)

August 31, 2021

Filing 67 (STRICKEN PER DE#70) NOTICE by TherapeuticsMD, Inc. re 66 Order Setting/Cancelling Hearing,, Terminate Hearings, Joint Discovery Memorandum (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Composite Exhibit C (redacted), #4 Exhibit D (redacted)) (Tillman, Jodi-Ann) Text Modified on 9/1/2021 (scn).

August 25, 2021

Filing 66 PAPERLESS Order RESETTING the Telephonic Discovery Hearing previously scheduled for 8/26/21 to 9/2/2021 at 2:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel shall file their joint memorandum on 8/31/21. Counsel shall appear using the conference call instructions previously provided. Signed by Magistrate Judge Bruce E. Reinhart on 8/25/2021. (hk02)

August 24, 2021

Filing 65 PAPERLESS Order setting a Telephonic Discovery Hearing for 8/26/2021 at 3:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel's joint discovery memorandum shall be filed by noon on 8/25. Counsel shall appear using the telephone conference call instructions previously provided. Signed by Magistrate Judge Bruce E. Reinhart on 8/24/2021. (hk02)

August 23, 2021

Filing 64 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing on Plaintiff's request to exceed deposition limit (DE 60) held on 8/23/2021. For the reasons stated on the record, Plaintiff's motion to take additional depositions is DENIED WITHOUT PREJUDICE TO RENEW. Total time in court: 41 minutes. (Digital BER_1_8.23.2021) (hk02)

August 20, 2021

Filing 62 PAPERLESS ORDER granting #61 Plaintiff's Unopposed Motion to Seal. Matters unsealed upon case closing {US0YT}. Signed by Magistrate Judge Bruce E. Reinhart on 8/20/2021. (hk02)

August 20, 2021

SYSTEM ENTRY - Docket Entry 63 [misc] restricted/sealed until further notice. (1903343)

August 19, 2021

Filing 61 Unopposed MOTION to Seal per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Text of Proposed Order) (Tillman, Jodi-Ann)

August 19, 2021

Filing 60 NOTICE by TherapeuticsMD, Inc. re 58 Order Setting/Cancelling Hearing,, Set/Reset Hearings, 57 Order Setting/Cancelling Hearing,, Corrected Joint Discovery Memorandum (Attachments: #1 Exhibit A, #2 Exhibit B (Redacted), #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Redacted)) (Tillman, Jodi-Ann)

August 19, 2021

Filing 59 NOTICE by TherapeuticsMD, Inc. re 58 Order Setting/Cancelling Hearing,, Set/Reset Hearings, 57 Order Setting/Cancelling Hearing,, Joint Discovery Memorandum (Attachments: #1 Exhibit A, #2 Exhibit B (Redacted), #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Redacted)) (Tillman, Jodi-Ann)

August 19, 2021

Filing 58 PAPERLESS Order RESETTING Discovery Hearing. Telephonic Discovery hearing currently set for 8/23/2021 at 01:00 PM is RESET for 8/23/2021 at 03:00 PM before Magistrate Judge Bruce E. Reinhart. **TIME CHANGE ONLY** Signed by Magistrate Judge Bruce E. Reinhart on 8/19/2021. (jgy)

August 18, 2021

Filing 57 PAPERLESS Order setting a Telephonic Discovery Hearing at the request of the parties for Monday, 8/23/2021 at 01:00 PM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 8/18/2021. (jgy)

August 2, 2021

Filing 56 REPLY to Response to Motion re #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint filed by Evofem Biosciences, Inc.. (Stepan, James)

July 30, 2021

Filing 55 ORDER REFERRING #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint filed by Evofem Biosciences, Inc.. Motions referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 7/30/2021. See attached document for full details. (ls)

July 30, 2021

Filing 54 ORDER Re-Scheduling Mediation before Honorable Andrew J. Guilford ( Mediation Hearing set for 10/21/2021 10:00 AM via Zoom), Granting #53 Joint MOTION to Change the Mediation Date. Signed by Judge Rodolfo A. Ruiz, II on 7/30/2021. See attached document for full details. (ls)

July 26, 2021

Filing 53 Joint MOTION change the mediation date by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order changing the mediation date)(Stepan, James)

July 21, 2021

SYSTEM ENTRY - Docket Entry 52 [misc] restricted/sealed until further notice. (642535)

July 20, 2021

Filing 51 PAPERLESS ORDER granting #49 Plaintiff TherapeuticsMD, Inc.'s Unopposed Motion to File Under Seal ("Motion"). The Court finds that the Motion establishes good cause to seal TherapeuticsMD's Opposition to Defendant Evofem Biosciences, Inc.'s Partial Motion to Dismiss (the "Opposition") and Exhibit B to the Declaration of Ehab Samuel in support of the Opposition. Therefore, the Opposition and Exhibit B containing portions of the confidential deposition transcript of Stewart Brown may be filed under seal and shall remain under seal unless the Court directs otherwise. Signed by Judge Rodolfo A. Ruiz, II on 7/20/2021. (co)

July 19, 2021

Filing 50 RESPONSE in Opposition re #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint filed by TherapeuticsMD, Inc.. Replies due by 7/26/2021. (Attachments: #1 Declaration of Ehab M. Samuel in Support of TherapeuticsMD's Opposition to EvoFem's Partial Motion to Dismiss, #2 Exhibit A - Stewart Nonconfidential Transcript, #3 Exhibit B (redacted) - Stewart Confidential Transcript, #4 Exhibit C - EVOFEM_000026, #5 Exhibit D - EVOFEM_000058, #6 Exhibit E - Statement of Use)(Tillman, Jodi-Ann)

July 19, 2021

Filing 49 Unopposed MOTION to Seal TherapeuticsMD's unredacted Opposition to Defendant's Partial Motion to Dismiss and Exhibit B to the Declaration of Ehab Samuel per Local Rule 5.4 by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (Tillman, Jodi-Ann)

July 13, 2021

Reset Deadlines as to #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint. Responses due by 7/19/2021 Replies due by 8/2/2021. (ls)(per DE #48)

July 13, 2021

Filing 48 PAPERLESS ORDER granting #46 Stipulated Motion for Extension of Time to File Opposition and Reply Briefs to Evofem's Corrected Partial Motion to Dismiss. Accordingly, Plaintiff TherapeuticsMD shall file its response to the Corrected Partial Motion to Dismiss by July 19, 2021 and Defendant Evofem Biosciences, Inc. shall file its reply by August 2, 2021. Signed by Judge Rodolfo A. Ruiz, II on 7/13/2021. (co)

July 13, 2021

Filing 47 Clerks Notice to Filer re #46 Joint MOTION for Extension of Time to File Opposition and Reply Briefs to Evofem's Corrected Partial Motion to Dismiss re #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM <. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)

July 12, 2021

Filing 46 Stipulated Motion for Extension of Time to File Response/Reply/Answer as to #43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint by TherapeuticsMD, Inc.. Responses due by 7/26/2021 (Attachments: #1 Text of Proposed Order)(Tillman, Jodi-Ann) Modified Relief on 7/13/2021 (ls).

July 12, 2021

Filing 45 PAPERLESS ORDER denying as moot #42 Evofem Biosciences, Inc.'s Partial Motion to Dismiss in light of #43 Evofem's Corrected Partial Motion to Dismiss. Signed by Judge Rodolfo A. Ruiz, II on 7/12/2021. (co)

July 1, 2021

Filing 44 STIPULATION Regarding Parties' Related Entities by TherapeuticsMD, Inc. (Tillman, Jodi-Ann)

June 28, 2021

Filing 43 Corrected MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint by Evofem Biosciences, Inc.. Responses due by 7/12/2021 (Attachments: #1 Exhibit excerpts from May 28, 2021 deposition of Stewart Brown)(Stepan, James)

June 28, 2021

Filing 42 MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM motion to dismiss Count VI of Plaintiff's first amended complaint by Evofem Biosciences, Inc.. Responses due by 7/12/2021 (Attachments: #1 Exhibit excerpts from May 28, 2021 deposition of Stewart Brown)(Stepan, James)

June 23, 2021

Filing 41 STIPULATED ORDER REGARDING DISCOVERY, INCLUDING THE COLLECTION AND PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION. Signed by Magistrate Judge Bruce E. Reinhart on 6/23/2021. See attached document for full details. (scn)

June 22, 2021

Filing 40 Joint MOTION for Protective Order stipulated order regarding discovery, including the collection and production of documents and electronically-stored information by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order)(Stepan, James)

June 22, 2021

Filing 39 PAPERLESS ORDER granting #38 Joint Motion for Protective Order and approving the parties' confidentiality stipulation. Signed by Magistrate Judge Bruce E. Reinhart on 6/22/2021. (hk02)

June 21, 2021

Filing 38 Joint MOTION for Protective Order and Confidentiality by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit A - Proposed Confidentiality and Protective Order)(Tillman, Jodi-Ann)

June 15, 2021

Filing 37 First AMENDED COMPLAINT against Evofem Biosciences, Inc. filed in response to Order Granting Motion for Leave, filed by TherapeuticsMD, Inc..(ls)(per DE #36)

June 15, 2021

Set Answer Due Deadline: Evofem Biosciences, Inc. response due 6/28/2021. (ls)(per DE #36)

June 15, 2021

Filing 36 PAPERLESS ORDER granting #34 TherapeuticMD, Inc.'s Motion for Leave to Amend Complaint. TherapeuticsMD, Inc.'s First Amended Complaint is deemed filed as of the date of this Order and Evofem Biosciences, Inc. shall respond to TherapeuticsMD, Inc.'s First Amended Complaint on or before June 28, 2021. Signed by Judge Rodolfo A. Ruiz, II on 6/15/2021. (co)

June 14, 2021

Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #34 Plaintiff's MOTION for Leave to File First Amended Complaint by Evofem Biosciences, Inc.. (Attachments: #1 Text of Proposed Order granting extension of time to respond to motion for leave to file amended complaint)(Stepan, James)

June 7, 2021

Filing 34 Plaintiff's MOTION for Leave to File First Amended Complaint by TherapeuticsMD, Inc.. (Attachments: #1 Exhibit 1 - First Amended Complaint with Exhibits A-L, #2 Exhibit 2 - Redline between Complaint and First Amended Complaint, #3 Text of Proposed Order Granting Leave to File First Amended Complaint)(Bain, Joseph)

May 25, 2021

Filing 33 Order Scheduling Mediation. Signed by Judge Rodolfo A. Ruiz, II on 5/25/2021. See attached document for full details. (co)

May 24, 2021

Filing 32 Joint NOTICE of Mediator Selection. and Request for Court Selection of Mediation Date Selected/Added Andrew J. Guilford as Mediator. (Attachments: #1 Text of Proposed Order)(Bain, Joseph)

May 21, 2021

Filing 31 REPLY to #29 Answer to Complaint, Counterclaim by TherapeuticsMD, Inc.. (Bain, Joseph)

May 17, 2021

Filing 30 Joint MOTION for Extension of Time to File Proposed Order Scheduling Mediation by TherapeuticsMD, Inc.. Responses due by 6/1/2021 (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order Granting Joint Motion for Extension of Time)(Tillman, Jodi-Ann)

May 12, 2021

Filing 29 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand, COUNTERCLAIM against TherapeuticsMD, Inc. by Evofem Biosciences, Inc.. (ls)(per DE #28)

May 12, 2021

Reset Answer Due Deadline: TherapeuticsMD, Inc. response due 5/21/2021. (ls)(per DE #28)

May 12, 2021

Filing 28 PAPERLESS ORDER granting #25 Stipulated Joint Motion. Defendant Evofem Biosciences, Inc.'s Second Amended Answer & Counterclaim [ECF No. 25-1], which amends the affirmative defenses, is deemed filed as of the date of this Order and Plaintiff shall respond to Defendant's Counterclaim on or before May 21, 2021. Signed by Judge Rodolfo A. Ruiz, II on 5/12/2021. (co)

May 7, 2021

Filing 27 NOTICE by Evofem Biosciences, Inc. re #25 Stipulated Joint Motion for Leave to File Second Amended Answer and Counterclaim MOTION for Extension of Time to File Response/Reply/Answer as to #19 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand, COUNTERCLAIM of Filing Corrected Exhibit A (Attachments: #1 Exhibit Ex. A Second amended answer, affirmative defenses, and counterclaim, #2 Exhibit Ex. 1 to Counterclaim - NDA Approval Letter, #3 Exhibit Ex. 2 to Counterclaim - FDA Summary Review Packet, #4 Exhibit Ex. 3 to Counterclaim - IMVEXXY Prescribing Information, #5 Exhibit Ex. 4 to Counterclaim - Press Release, #6 Exhibit Ex. 5 to Counterclaim - Phexxy Proporietary Name Review, #7 Exhibit Ex. 6 to Counterclaim - Independent Search Report) (Stepan, James)

May 7, 2021

Filing 26 Clerks Notice to Filer re #25 Joint MOTION to Amend/Correct #1 Complaint, #16 Answer to Complaint,, Counterclaim, 20 Answer to Complaint, Counterclaim, #19 Answer to Counterclaim,,, Stipulated joint motion for leave to file second amended answer & counterclaim and e. 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. (ls)

May 6, 2021

Filing 25 Stipulated Joint Motion for Leave to File Second Amended Answer and Counterclaim by Evofem Biosciences, Inc.. Responses due by 5/20/2021 (Attachments: #1 Exhibit Second amended answer, affirmative defenses, and counterclaim, #2 Exhibit - NDA Approval Letter, #3 Exhibit - FDA Summary Review Packet, #4 Exhibit - IMVEXXY Prescribing Information, #5 Exhibit - Press Release, #6 Exhibit - Phexxy Proporietary Name Review, #7 Exhibit - Independent Search Report, #8 Text of Proposed Order )(Stepan, James) Modified Relief on 5/7/2021 (ls). Added MOTION for Extension of Time to File Response/Reply/Answer as to #19 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand, COUNTERCLAIM on 5/7/2021 (ls).

April 27, 2021

Filing 24 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 4/27/2021. See attached document for full details. (scn)

April 27, 2021

Filing 23 ORDER SETTING DISCOVERY STATUS CONFERENCE: Status Conference Re: Discovery Matters set for 9/21/2021 2:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 4/27/2021. See attached document for full details. (scn)

April 26, 2021

Filing 22 ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 2/14/2022 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 2/8/2022 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 6/7/2021., Discovery due by 10/19/2021., Expert Discovery due by 10/19/2021., Fact Discovery due by 10/19/2021., Joinder of Parties due by 6/7/2021., Mediation Deadline 10/26/2021., In Limine Motions due by 11/30/2021., Dispositive Motions due by 11/2/2021., Motions due by 11/2/2021., Pretrial Stipulation due by 11/30/2021. Mediation Deadline 10/26/2021. ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 4/26/2021. See attached document for full details. (scn) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.

April 22, 2021

Filing 21 Clerks Notice to Filer re #19 Answer to Counterclaim,,,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#20]. It is not necessary to refile this document. (ls)

April 21, 2021

Filing 20 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand, COUNTERCLAIM against TherapeuticsMD, Inc. by Evofem Biosciences, Inc.. (ls)(See Image at DE #19)

April 21, 2021

Filing 19 First amended ANSWER to Counterclaim and Affirmative Defenses, Amended COUNTERCLAIM against TherapeuticsMD, Inc. by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit NDA approval letter, #2 Exhibit FDA Summary Review Packet, #3 Exhibit IMVEXXY Prescribing Information, #4 Exhibit Press Release, #5 Exhibit Phexxy Proprietary Name Review, #6 Exhibit Independent search report)(Stepan, James)

April 12, 2021

Filing 18 PAPERLESS ORDER granting [14,15] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Andrew D. Skale and Kara M. Cormier, respectively. Signed by Judge Rodolfo A. Ruiz, II on 4/12/2021. (co)

April 5, 2021

Filing 17 Joint SCHEDULING REPORT - Rule 16.1 by TherapeuticsMD, Inc. (Attachments: #1 Text of Proposed Order)(Tillman, Jodi-Ann)

April 5, 2021

Filing 16 ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against TherapeuticsMD, Inc. by Evofem Biosciences, Inc.. (Attachments: #1 Exhibit NDA approval letter, #2 Exhibit FDA Summary Review Packet, #3 Exhibit IMVEXXY Prescribing Information, #4 Exhibit Press Release, #5 Exhibit Phexxy Proprietary Name Review)(Stepan, James) Modified Text to read counterclaim against plaintiff not defendant on 4/5/2021 (ls).

March 28, 2021

Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kara M. Cormier. Filing Fee $ 200.00 Receipt # AFLSDC-14558338 by Evofem Biosciences, Inc.. Responses due by 4/12/2021 (Attachments: #1 Certification pro hac vice certification, #2 Text of Proposed Order granting pro hac vice admission)(Stepan, James)

March 28, 2021

Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew D. Skale. Filing Fee $ 200.00 Receipt # AFLSDC-14558336 by Evofem Biosciences, Inc.. Responses due by 4/12/2021 (Attachments: #1 Certification pro hac vice certification, #2 Text of Proposed Order granting pro hac vice admission)(Stepan, James)

March 28, 2021

Filing 13 NOTICE of Attorney Appearance by James Alexander Stepan on behalf of Evofem Biosciences, Inc.. Attorney James Alexander Stepan added to party Evofem Biosciences, Inc.(pty:dft). (Stepan, James)

February 11, 2021

Filing 12 ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Certificates of Interested Parties and Joint Scheduling Report due by 4/5/2021. Signed by Judge Rodolfo A. Ruiz, II on 2/11/2021. See attached document for full details. (scn)

February 11, 2021

Filing 11 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by TherapeuticsMD, Inc. (Tillman, Jodi-Ann)

February 9, 2021

Filing 10 WAIVER OF SERVICE Returned Executed by TherapeuticsMD, Inc.. Evofem Biosciences, Inc. waiver sent on 2/3/2021, answer due 4/5/2021. (Bain, Joseph)

January 19, 2021

Filing 9 ORDER TO PERFECT SERVICE. It is therefore ORDERED AND ADJUDGED that on or before March 15, 2021, Plaintiff shall perfect service upon Defendant or show good cause as to why this action should not be dismissed for failure to perfect service of process. Signed by Judge Rodolfo A. Ruiz, II on 1/19/2021. See attached document for full details. (scn)

December 16, 2020

Filing 8 PAPERLESS ORDER granting [5,6,7] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorneys David A. Randall, Ehab Samuel and Sepehr Daghighian. Signed by Judge Rodolfo A. Ruiz, II on 12/16/2020. (co)

December 15, 2020

Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sepehr Daghighian. Filing Fee $ 200.00 Receipt # AFLSDC-14041885 by THERAPEUTICSMD, INC.. Responses due by 12/29/2020 (Attachments: #1 Certification of Sepehr Daghighian, Esq., #2 Text of Proposed Order)(Bain, Joseph)

December 15, 2020

Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ehab Samuel. Filing Fee $ 200.00 Receipt # AFLSDC-14041878 by THERAPEUTICSMD, INC.. Responses due by 12/29/2020 (Attachments: #1 Certification of Ehab Samuel, Esq., #2 Text of Proposed Order)(Bain, Joseph)

December 15, 2020

Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David A. Randall. Filing Fee $ 200.00 Receipt # AFLSDC-14041842 by THERAPEUTICSMD, INC.. Responses due by 12/29/2020 (Attachments: #1 Certification of David A. Randall, Esq., #2 Text of Proposed Order)(Bain, Joseph)

December 15, 2020

Filing 4 Summons Issued as to EVOFEM BIOSCIENCES, INC. (scn)

December 15, 2020

Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (scn)

December 14, 2020

Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (scn)

December 14, 2020

Filing 1 COMPLAINT against EVOFEM BIOSCIENCES, INC.. Filing fees $ 402.00 receipt number AFLSDC-14033023, filed by THERAPEUTICSMD, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Summon(s))(Bain, Joseph)

Search for this case: TherapeuticsMD, Inc. v. Evofem Biosciences, Inc.
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Defendant: EVOFEM BIOSCIENCES, INC.
Represented By:	Dorothy Camille Kafka
Represented By:	James Alexander Stepan
Represented By:	Kevin Crow Kaplan
Represented By:	Robert Kent Burlington
Represented By:	Andrew D. Skale
Represented By:	Josefina Maria Aguila-Benna
Represented By:	Kara M. Cormier
Represented By:	Paul Joseph Schwiep
Represented By:	Scott Andrew Hiaasen
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Plaintiff: THERAPEUTICSMD, INC.
Represented By:	Joseph William Bain
Represented By:	Patricia Anne Leonard
Represented By:	Jodi-Ann Rene Tillman
Represented By:	David A. Randall
Represented By:	Ehab Samuel
Represented By:	Sepehr Daghighian
Represented By:	Robert W. Dickerson, Jr.
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