In re Rule 45 Subpoenas Issued to Dr. Ron Najafi and Emery Pharma
| Boehringer Ingelham Pharmaceuticals, Inc. |
| 9:2022mc80208 |
| February 9, 2022 |
| US District Court for the Southern District of Florida |
| Bruce E Reinhart |
| Robin L Rosenberg |
| Other Statutory Actions |
| None |
Docket Report
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Filing 36
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO COMPEL NON-PARTY DEPOSITIONS (ECF NO. 5051) Signed by Magistrate Judge Bruce E. Reinhart on 2/15/2022. See attached document for full details. (pcs)
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Filing 35
PAPERLESS ORDER. This case is referred to to Magistrate Judge Bruce E. Reinhart for appropriate disposition. Signed by Judge Robin L. Rosenberg on 2/9/2022. (sk01)
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| Filing 34 MDL Transfer In Case Receipt from Northern District of California. Case Number 3:21-mc-80304 with documents 1-30. Assigned FLSD Case Number 9:22-mc-80208-RLR In re Rule 45 Subpoenas Issued to Dr. Ron Najafi and Emery Pharma on 2/9/2022. Re: FLSD MDL Case Number 9:20-md-02924-RLR. Clerks Note: JPML notified (mc) |
| Filing 33 (See DE 34 for Correct Information) MDL Tag-Along Case Receipt from Southern District of Florida. Case Number 3:21-mc-80304 with documents 1-30. Assigned FLSD Case Number 9:22-mc-80208-RLR In re Rule 45 Subpoenas Issued to Dr. Ron Najafi and Emery Pharma. Re: FLSD MDL Case Number 9:20-md-02924-RLR. Clerks Note: JPML notified (mc) Modified texton 2/9/2022 (mc). |
| Filing 32 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg. (mc) |
| Filing 31 Case transferred in from California Northern; Case Number 3:21-mc-80304. Electronic file including transfer order and docket sheet received. .(mc). |
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Filing 30
Order by Magistrate Judge Laurel Beeler granting #18 Motion to Transfer Case. (ejk, COURT STAFF) (Filed on 2/4/2022)
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| Filing 29 REPLY (re #18 MOTION to Transfer Case ) IN SUPPORT filed byBoehringer Ingelham Pharmaceuticals, Inc.. (Shortnacy, Michael) (Filed on 1/28/2022) |
| Filing 28 NOTICE by Boehringer Ingelham Pharmaceuticals, Inc. re #27 Notice (Other), Boehringer Ingelheim Pharmaceuticals, Inc.'s Notice of Lodging of Order by MDL Court Setting Briefing Schedule on Defendants' Motion to Compel Compliance with Deposition Subpoena to Emery Pharma and Dr. Ron Najafi (Attachments: #1 Exhibit 1 - Paperless Order)(Shortnacy, Michael) (Filed on 1/25/2022) |
| Filing 27 NOTICE by Boehringer Ingelham Pharmaceuticals, Inc. re 25 Order,,, Boehringer Ingelheim Pharmaceuticals, Inc.'s Position on Procedural Posture of Motions Pending Pursuant to Court Order (Dkt. 25) (Shortnacy, Michael) (Filed on 1/24/2022) |
| Filing 26 CLERKS NOTICE SETTING MOTION HEARING. Motion Hearing #18 MOTION to Transfer Case set for 2/17/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. The reply brief remains due on 1/28/2022. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.u scourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 1/21/2022) |
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Filing 25
ORDER. The issue is whether the motions remain live for the parties. The court had planned to address the motion to transfer and the motion to quash at the February hearing. The court's tentative ruling is that transfer is appropriate. The court's reading of the supplemental submission is that the district court there is handling the motion to quash. It seemed duplicative to transfer the case there. But on reflection, perhaps addressing the transfer motion is necessary. The court thus will restore the case to calendar. If the parties have a different procedural view, they may file something by close of business on Monday, January 24. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 1/21/2022)
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Filing 24
ORDER. Given the ruling by the MDL court in In re Zantac (Ranitidine) Products Liability Litigation, No. 9:20-md-02924-RLR (S.D. Fla.), the court terminates the existing motion to transfer and vacates the 2/17/2022 hearing. (Given the order, transferring the case (and the pending motion to quash) is unnecessary.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 1/19/2022)
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| Filing 23 NOTICE by Boehringer Ingelham Pharmaceuticals, Inc. OF LODGING OF ORDER BY MDL COURT REJECTING THE EMERY DEPONENTS' OBJECTION TO THE COURT'S AUTHORITY TO RULE ON THE DEFENDANTS' EXPEDITED MOTION TO COMPEL DEPOSITION TESTIMONY OF EMERY PHARMA AND RON NAJAFI (Attachments: #1 Exhibit 1 - January 19, 2022 Order)(Shortnacy, Michael) (Filed on 1/19/2022) |
| Filing 22 OPPOSITION/RESPONSE (re #18 MOTION to Transfer Case ) filed byRon Najafi, Najafi Pharma Inc, dba Emery Pharma. (Attachments: #1 Proposed Order Denying Transfer)(Sedghani, Sami) (Filed on 1/19/2022) |
| Filing 21 REPLY (re #18 MOTION to Transfer Case ) REPLY TO MOTION TO QUASH (ECF No. 1) filed byRon Najafi, Najafi Pharma Inc, dba Emery Pharma. (Attachments: #1 Proposed Order GRANTING Motion To Quash)(Sedghani, Sami) (Filed on 1/12/2022) |
| Filing 20 NOTICE by Boehringer Ingelham Pharmaceuticals, Inc. OF LODGING OF ORDER BY MDL COURT REQUESTING JURISDICTIONAL BRIEFING AND RELATED BRIEFING (Attachments: #1 Exhibit 1 - January 6, 2022 Order (Dkt. 5058), #2 Exhibit 2 - Emery Pharma's Jurisdictional Memorandum of Law (Dkt. 5064), #3 Exhibit 3 - BIPI's Reply to Emery Pharma's Jurisdictional Memorandum of Law (Dkt.5070))(Shortnacy, Michael) (Filed on 1/12/2022) |
| Filing 19 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing #18 MOTION to Transfer Case set for 2/17/2022 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. The briefing schedule remains the same. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourt s.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 1/10/2022) |
| Filing 18 MOTION to Transfer Case filed by Boehringer Ingelham Pharmaceuticals, Inc.. Motion Hearing set for 2/17/2022 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 1/21/2022. Replies due by 1/28/2022. (Attachments: #1 Declaration of Michael B. Shortnacy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Shortnacy, Michael) (Filed on 1/7/2022) Modified on 1/21/2022 (ejk, COURT STAFF). |
| Filing 17 Brief re #1 Motion to Quash Subpoena, [OPPOSITION TO DR. RON NAJAFI AND EMERY PHARMAS MOTION TO QUASH SUBPOENAS] filed byBoehringer Ingelham Pharmaceuticals, Inc.. (Attachments: #1 Declaration of Eva Canaan, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Proposed Order)(Related document(s) #1 ) (Shortnacy, Michael) (Filed on 1/5/2022) |
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Filing 16
Order by Magistrate Judge Laurel Beeler granting #15 Stipulation to Extend Time to Respond to Motion to Quash. (ejk, COURT STAFF) (Filed on 1/3/2022)
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| Filing 15 STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to Motion to Quash Per L.R. 6-2 filed by Boehringer Ingelham Pharmaceuticals, Inc.. (Attachments: #1 Declaration of Michael Shortnacy in Support of Joint Stipulation to Extend Time to Respond to Motion to Quash, #2 Proposed Order Granting Joint Stipulation to Extend Time to Respond to Motion to Quash)(Shortnacy, Michael) (Filed on 12/30/2021) |
| Filing 14 CLERK'S NOTICE: On the record, the court denies the motion to shorten time. The court reminds the parties of the procedural order filed yesterday. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 12/28/2021) |
| Filing 13 RESPONSE re #10 Order on Motion to Shorten Time,, In Opposition to Dr. Ron Najafi and Emery Pharma's Emergency Ex Parte Application for Order Shortening Time for Briefing on Their Motion to Quash Subpoenas Pursuant to L.R. 6-3 [Dkt. 9] by Boehringer Ingelham Pharmaceuticals, Inc.. (Attachments: #1 Declaration of Michael B; Shortnacy in Opposition to Dr. Ron Najafi and Emery Pharma's Emergency Ex Parte Application for Order Shortening Time for Briefing on Their Motion to Quash Subpoenas Pursuant to LR 6-3, #2 Exhibit A - Transfer Order In Re: Zantac (December 3, 2021), #3 Exhibit B - Transfer Order In Re: Zantac (December 15, 2020), #4 Exhibit C - Order In Re: Zantac (October 27, 2021))(Shortnacy, Michael) (Filed on 12/27/2021) |
| Filing 12 Corporate Disclosure Statement by Boehringer Ingelham Pharmaceuticals, Inc. identifying Corporate Parent Boehringer Ingelheim Corporation, Corporate Parent Boehringer Ingelheim USA Corporation for Boehringer Ingelham Pharmaceuticals, Inc.. (Shortnacy, Michael) (Filed on 12/27/2021) |
| Filing 11 NOTICE of Appearance by Michael Brian Shortnacy (Shortnacy, Michael) (Filed on 12/27/2021) |
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Filing 10
ORDER re #9 Motion to Shorten Time.The opposition to the motion to shorten time is due on 12/27/2021. The court will address any dispute about the briefing schedule then but at minimum directs the parties to meet and confer under the dispute-resolution procedures in the attached orders. The court uses these procedures in all discovery disputes, including disputes like these, to shorten the time period to resolve disputes. (Attachments: #1 Standing Order)(Beeler, Laurel) (Filed on 12/27/2021)
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| Filing 9 Emergency MOTION to Shorten Time filed by Ron Najafi, Najafi Pharma Inc, dba Emery Pharma. (Attachments: #1 Affidavit, #2 Proposed Order shortening time)(Sedghani, Sami) (Filed on 12/23/2021) |
| Filing 8 PLEASE DISREGARD. FILED IN ERROR. CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejk, COURT STAFF) (Filed on 12/21/2021) Modified on 12/21/2021 (ejk, COURT STAFF). |
| Filing 7 AFFIDAVIT of Service for Notice of Motion and Motion to Quash Service of Subpoenas served on Eva Canaan on 12-20-2021, filed by Ron Najafi, Najafi Pharma Inc, dba Emery Pharma., CERTIFICATE OF SERVICE by Ron Najafi, Najafi Pharma Inc, dba Emery Pharma re #1 Motion to Quash Subpoena, #2 Certificate of Interested Entities, #3 Certificate of Interested Entities (Sedghani, Sami) (Filed on 12/20/2021) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ron Najafi, Najafi Pharma Inc, dba Emery Pharma.. (Sedghani, Sami) (Filed on 12/20/2021) |
| Filing 5 Case assigned to Magistrate Judge Laurel Beeler. (bw, COURT STAFF) (Filed on 12/20/2021) |
| Filing 4 Please disregard. Clerical Error. See Docket Case 5 assigned to Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/3/2022. (bw, COURT STAFF) (Filed on 12/20/2021) Modified on 12/20/2021 (bw, COURT STAFF). |
| Filing 3 Rule 7.1 Disclosures by Najafi Pharma Inc, dba Emery Pharma (Sedghani, Sami) (Filed on 12/20/2021) |
| Filing 2 Certificate of Interested Entities by Ron Najafi, Najafi Pharma Inc, dba Emery Pharma (Sedghani, Sami) (Filed on 12/20/2021) |
| Filing 1 MOTION TO QUASH SUBPOENA by Dr. Ron Najafi and Emery Pharma against Boehringer Ingelham Pharmaceuticals, Inc. ( Filing fee $ 49, receipt number ACANDC-16737282.). Filed by Najafi Pharma Inc, dba Emery Pharma, Ron Najafi. (Attachments: #1 Affidavit Declaration of Attorney Sami Sedghani with Exhibits 1-7, #2 Affidavit Declaration of Rosemarie Riddell Bogdan with Exhibit A)(Sedghani, Sami) (Filed on 12/20/2021) |
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| Defendant: Boehringer Ingelham Pharmaceuticals, Inc. | |
| Represented By: | Eva Canaan |
| Represented By: | Michael B. Shortnacy |
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