Tiber Laboratories, LLC v. Hawthorn Pharmaceuticals, Inc.
| Tiber Laboratories, LLC and Cypress Pharmaceutical, Inc. |
| Hawthorn Pharmaceuticals, Inc. |
| 2:2007cv00069 |
| June 18, 2007 |
| US District Court for the Northern District of Georgia |
| Gainesville Office |
| Forsyth |
| Richard W Story |
| Patent |
| 28 U.S.C. § 1338 |
| Both |
Docket Report
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This docket was last retrieved on November 5, 2007. A more recent docket listing may be available from PACER.
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| Clerk's Entry of Dismissal re: #43 Stipulation of Dismissal. (vld) |
| Civil Case Terminated. (vld) |
| Filing 43 STIPULATION of Dismissal Without Prejudice by Hawthorn Pharmaceuticals, Inc.. (Wiech, Christopher) |
| Filing 42 Certificate of Interested Persons by Tiber Laboratories, LLC, Tiber Laboratories, LLC, Tiber Laboratories, LLC, Tiber Laboratories, LLC. (Press, Steven) |
Filing 41
SCHEDULING ORDER approving #39 Joint Preliminary Report and Discovery Plan. Signed by Judge Richard W. Story on 10/15/07. (sk)
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Filing 40
ORDER granting #38 Motion for Extension of Time of certain discovery deadlines. The deadline to file any certificate of interested persons and to serve any initial disclosures in this action is extended through and including 10/22/07. Signed by Judge Richard W. Story on 10/16/07. (sk)
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| Filing 39 Joint MOTION for Order (Preliminary Report and Discovery Plan) by Hawthorn Pharmaceuticals, Inc.. (Wiech, Christopher) |
| Filing 38 Joint MOTION for Extension of Time to File and Serve Certain Discovery by Hawthorn Pharmaceuticals, Inc.. (Wiech, Christopher) |
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Filing 37
ORDER GRANTING #35 Joint MOTION for Extension of Time to File and Serve Certain Discovery filed by Hawthorn Pharmaceuticals, Inc. The filing and service deadlines as specified in the motion are extended for 10 days, until 10/15/07. Signed by Judge Richard W. Story on 10/09/07. (sk)
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Filing 36
ORDER granting #35 Joint Motion for Extension of Time of a ten (10) day extension of the date for filing their Joint Preliminary Report and Discovery Plan, their Certificates of Interested Persons, and for service of their respective Initial Disclosures. Signed by Judge Richard W. Story on 10/5/2007. (vld)
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| Filing 35 Joint MOTION for Extension of Time to File and Serve Certain Discovery by Hawthorn Pharmaceuticals, Inc.. (Wiech, Christopher) |
| Filing 34 ANSWER to Counterclaim for Patent Infringement by Cypress Pharmaceutical, Inc..(Wiech, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 33 ANSWER to Counterclaim for Declaratory Judgment by Cypress Pharmaceuticals, Inc. and G&S Enterprises, Inc. by Tiber Laboratories, LLC.(Press, Steven) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 32 ANSWER to Counterclaim for Declaratory Judgment by Hawthorn Pharmaceuticals, Inc. by Tiber Laboratories, LLC.(Press, Steven) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 31 Certification of Consent to Substitution of Counsel. Christopher A. Wiech added as attorney. (Wiech, Christopher) |
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Filing 30
ORDER for 2:07-cv-92 & 2:07-cv-93 be consolidated for present purposes into the earliest filed and currently pending action, 2:07-cv-69-RWS. Tiber Laboratories, LLC's #3 Motion for TRO, which the parties have recast and which the Court construes as a Motion for Preliminary Injunction is DENIED. Hawthorn Pharmaceuticals, Inc.'s #6 Motion to Transfer Case is DENIED. Hawthorn Pharmaceuticals, Inc.'s granting #7 Motion to Supplement is GRANTED. Tiber Laboratories, LLC's #8 Motion to Supplement is GRANTED. Signed by Judge Richard W. Story on 09/11/07. (sk)
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| Letter from Clerk re LR:83.1 Pro Hac Vice requirements sent to Mark J. Goldberg, Henry E. Chatham Jr. and Robert Mark Hodges (jkm) |
| Filing 29 Second ANSWER to Complaint by Defendants Cypress Pharmaceuticals, Inc. and G&S Enterprises, Inc., and, COUNTERCLAIM to Plaintiff's Complaint against Tiber Laboratories, LLC by Hawthorn Pharmaceuticals, Inc..(Wiech, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 28 ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Cypress Pharmaceutical, Inc. with Jury Demand by Tiber Laboratories, LLC.(Tropper, Joshua) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 27 First ANSWER to Complaint by Defendant Hawthorn Pharmaceuticals, Inc., and, COUNTERCLAIM by Defendant Hawthorn Pharmaceuticals, Inc. against Tiber Laboratories, LLC by Hawthorn Pharmaceuticals, Inc..Discovery ends on 6/3/2008.(Wiech, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 26 Minute Entry for proceedings held before Judge Richard W. Story : Motion Hearing held on 8/22/2007 re #3 MOTION for Temporary Restraining Order; #3 Motion for TRO TAKEN UNDER ADVISEMENT. Parties stipulate to the answer and counterclaims to be due on 9/7/2007. VERBAL ORDER to consolidate this case with 2:07-cv-92-RWS & 2:07-cv-93-RWS. Case 2:07-cv-69-RWS will be the lead case and all documents shall be filed under this number. The Clerk is ordered to administratively close case 2:07-cv-92-RWS & 2:07-cv-93-RWS. Written order to follow. (Court Reporter Sharon Upchurch.)(sk) |
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VERBAL ORDER to consolidate this civil action with 2:07-cv-92-RWS and 2:07-cv-93-RWS. Civil action 2:07-cv-69-RWS will be the lead case and all documents shall be filed under this number. So Ordered by Judge Richard W. Story on 08/22/07. (sk)
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| Filing 25 AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order filed by Tiber Laboratories, LLC. (Attachments: #1 Exhibit A to Tropper's Declaration#2 Exhibit B to Tropper's Declaration#3 Exhibit C to Tropper's Declaration#4 Exhibit D to Tropper's Declaration)(Tropper, Joshua) |
| Filing 24 AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order filed by Tiber Laboratories, LLC. (Attachments: #1 Exhibit A to Brazier's Declaration#2 Exhibit B to Brazier's Declaration#3 Exhibit C to Brazier's Declaration)(Tropper, Joshua) |
| Filing 23 AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order filed by Tiber Laboratories, LLC. (Attachments: #1 Exhibit A to Dr. McNutt's Declaration#2 Exhibit B to Dr. McNutt's Declaration)(Tropper, Joshua) |
| Filing 22 REPLY BRIEF re #3 MOTION for Temporary Restraining Order filed by Tiber Laboratories, LLC. (Tropper, Joshua) |
| Filing 21 AFFIDAVIT of Jason Sanderson in Support of Defendants' Supplemental Memorandum in Opposition to Plaintiff's "Emergency" Motions for Preliminary Injunctions to Address Issues Raised by Plaintiff in Reply Papers and by Subsequent Discovery (Document #19) by Hawthorn Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A)(Wiech, Christopher) |
| Filing 20 AFFIDAVIT of Richard Abati in Support of Defendants' Supplemental Memorandum in Opposition to Plaintiff's "Emergency" Motions for Preliminary Injunctions to Addresss Issues Raised by Plaintiff in Reply Papers and by Subsequent Discovery (Document # 19) by Hawthorn Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Wiech, Christopher) |
| Filing 19 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order Supplemental Memorandum filed by Hawthorn Pharmaceuticals, Inc.. (Wiech, Christopher) |
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Filing 18
ORDERED that the Stay #15 entered in this case on 6/29/2007 is hereby LIFTED. The Court shall conduct the preliminary injunction hearing on 8/22/2007, @ 9:30 am in Courtroom 2105, United States Courthouse, Atlanta, Georgia. The parties shall agree upon a discovery and briefing schedule. All briefs, affidavits, and other exhibits to be considered by the Court in connection with the preliminary injunction hearing shall be submitted to the Court not later than 8/20/2007. Signed by Judge Richard W. Story on 7/30/2007. (vld)
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| Filing 17 Minute Entry for proceedings held before Judge Richard W. Story : Telephone Conference held on 7/30/2007, Set Deadlines/Hearing as to #3 MOTION for Temporary Restraining Order : Motion Hearing set for 8/22/2007 09:30 AM in Courtroom 103 before Judge Richard W. Story. Brief and affidavits due 08/20/07. (Court Reporter Sharon Upchurch.)(sk) |
| Filing 16 TRANSCRIPT of Hearing on Motion to Transfer held on 6/28/2007 before Judge Richard W. Story. Court Reporter: Sharon D. Upchurch. (vld) |
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Filing 15
ORDER STAYING CASE pending a decision by the Mississippi Court concerning venue of the cases pending there. Once the Mississippi court makes its decision, the Court will lift the stay, and if the Mississippi court finds that it is the proper venue for the cases presently pending there, this Court will transfer the present case to the Southern District of Mississippi. Under the present circumstances, the Court has chosen not to address Plaintiffs request for a temporary restraining order. However, to avoid undue prejudice to Plaintiff, Plaintiff shall have the right to request that the stay be lifted to allow the Court to address the merits of Plaintiffs request for a temporary restraining order. Signed by Judge Richard W. Story on 6/29/2007. (vld)
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| Filing 14 Minute Entry for proceedings held before Judge Richard W. Story: Motion Hearing held on 6/28/2007 re #6 MOTION to Transfer Case to District Court for the Southern District of Mississippi #3 MOTION for Temporary Restraining Order. The Court will STAY this matter until a ruling on the prior Tiber case transferred to Mississippi is determined or parties file a motion to lift the stay. (Court Reporter Sharon D. Upchurch.)(vld) |
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Filing 13
ORDER granting #11 Application for Admission Pro Hac Vice for Eric J. Marandett. Signed by Judge Richard W. Story on 6/28/2007. (vld)
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Filing 12
ORDER granting #10 Application for Admission Pro Hac Vice for Richard C. Abati. Signed by Judge Richard W. Story on 6/28/2007. (vld)
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| Filing 11 APPLICATION for Admission of Eric J. Marandett by Hawthorn Pharmaceuticals, Inc.Filing Fee received $150.00, Receipt #326026. (Attachments: #1 Text of Proposed Order)(vld) |
| Filing 10 APPLICATION for Admission of Richard C. Abati by Hawthorn Pharmaceuticals, Inc.Filing Fee received $150.00, Receipt #326025. (Attachments: #1 Text of Proposed Order)(vld) |
| Filing 9 AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order Supplemental Declaration of Robert W. McNutt filed by Tiber Laboratories, LLC. (Tropper, Joshua) |
| Filing 8 MOTION to Supplement the Record in Light of Defendant's Filed Motion to Supplement the Record (Document 7) by Tiber Laboratories, LLC. (Attachments: #1 Exhibit A - Declaration of Christopher Rice 2.20.07#2 Exhibit B - Declaration of Steven R. Press 4.16.07#3 Exhibit C - Declaration of Robert W. McNutt in Response to Cypress's Opposition Brief Dated May 7, 2007#4 Exhibit 1 - to Exhibit C Declaration of Robert W. McNutt#5 Appendix A to Exhibit C#6 Appendix B to Exhibit C#7 Appendix C to Exhibit C#8 Appendix D to Exhibit C#9 Appendix E to Exhibit C#10 Appendix F to Exhibit C#11 Appendix G to Exhibit C#12 Appendix H to Exhibit C#13 Appendix I to Exhibit C#14 Appendix J to Exhibit C#15 Appendix K to Exhibit C#16 Appendix L to Exhibit C#17 Appendix M to Exhibit C#18 Appendix N to Exhibit C#19 Appendix O to Exhibit C)(Press, Steven) |
| Filing 7 MOTION to Supplement #6 MOTION to Transfer Case to District Court for the Southern District of Mississippi by Hawthorn Pharmaceuticals, Inc. (Attachments: #1 Exhibit A - Declaration of Max Draughn#2 Draughn Decl Ex A#3 Exhibit B - Declaration of Richard C. Abati#4 Abati Decl 1A#5 Abati Decl 1#6 Abati Decl 2#7 Abati Decl 3#8 Abati Decl 4#9 Abati Decl 5#10 Abati Decl 6#11 Abati Decl 7#12 Abati Decl 8#13 Abati Decl 9#14 Abati Decl 10#15 Abati Decl 11#16 Abati Decl 12#17 Abati Decl 13#18 Abati Decl 14#19 Abati Decl 15#20 Abati Decl 16#21 Abati Decl 17#22 Exhibit C - Declaration of Dr. Michael A. Repka#23 Repka Decl A#24 Repka Decl B#25 Repka Decl C#26 Repka Decl D#27 Repka Decl E#28 Repka Decl F#29 Repka Decl G#30 Repka Decl H#31 Repka Decl I#32 Repka Decl J#33 Repka Decl K#34 Repka Decl L#35 Repka Decl M#36 Repka Decl N#37 Repka Decl O#38 Repka Decl P#39 Repka Decl Q#40 Repka Decl R#41 Repka Decl S#42 Repka Decl T#43 Repka Decl U)(Wiech, Christopher) Modified on 6/27/2007 to correct text referring to Opposition to Motion for TRO (sk). |
| Filing 6 MOTION to Transfer Case to District Court for the Southern District of Mississippi and RESPONSE IN OPPOSITION re #3 MOTION for Temporary Restraining Order with Brief In Support by Hawthorn Pharmaceuticals, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Declaration of Max Draughn)(Wiech, Christopher) Modified on 6/26/2007 to correct docket title and add linkage (vld). |
| Filing 5 NOTICE re #4 Order Reassigning Case to Judge Richard W. Story. (sk) |
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Judge Richard W. Story for all further proceedings. Signed by Judge William C. O'Kelley on 6/18/07. (dcs)
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| Filing 3 MOTION for Temporary Restraining Order with Brief In Support by Tiber Laboratories, LLC. (Attachments: #1 Declaration of Robert W. McNutt#2 Declartion of Richard Gorman#3 Brief in Support#4 Exhibit A to Brief#5 Exhibit B to Brief)(sk) |
| Filing 2 Summons Issued as to Hawthorn Pharmaceuticals, Inc. (sk) |
| Filing 1 COMPLAINT with Jury Demand filed by Tibert Laboratories, LLC and summons issued. ( Filing fee $ 350 receipt number 326014.) (Attachments: #1 Exhibit A#2 Exhibit B#3 Civil Cover Sheet)(sk) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Submission of #3 MOTION for Temporary Restraining Order, submitted to District Judge William C. O'Kelley. (sk) |
| Submission of #3 MOTION for Temporary Restraining Order, submitted to District Judge Richard W. Story. (dcs) |
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