Concordia Pharmaceuticals Inc., S.A.R.L. v. Winder Laboratories, LLC et al
Plaintiff: Concordia Pharmaceuticals Inc., S.A.R.L.
Defendant: Winder Laboratories, LLC and Steven Pressman
Material Witness: First DataBank, Inc.
Case Number: 2:2016cv00004
Filed: January 6, 2016
Court: US District Court for the Northern District of Georgia
Office: Gainesville Office
County: XX Outside US
Presiding Judge: Richard W Story
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1125 a
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2021 Filing 387 Proposed Pretrial Order by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Attachment A - Joint Juror Qualifying Questions, #2 Attachment B-1 - Winder's Voir Dire Questions, #3 Attachment B-2 - Concordia's Voir Dire Questions, #4 Attachment C - Winder's Outline of the Case, #5 Attachment D - Concordia's Outline of the Case, #6 Attachment E - Joint Proposed Stipulated Facts, #7 Attachment F-1 - Winder's Witness List, #8 Attachment F-2 - Concordia's Witness List, #9 Attachment G-1 - Winder's Exhibit List, #10 Attachment G-2 - Concordia's Exhibit Log, #11 Attachment I-1 - Winder's Proposed Verdict Form, #12 Attachment I-2 - Concordia's Proposed Verdict Form, #13 Appendix 1 - Winder's Deposition Designations, #14 Appendix 2 - Concordia's Deposition Designations)(Cobb, James)
September 23, 2021 Filing 386 Joint MOTION for Extension of Time File Pre-Trial Brief by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
July 26, 2021 Opinion or Order Filing 385 ORDER granting #382 Application for Admission of William C. Lawrence Pro Hac Vice. Signed by Judge Richard W. Story on 07/26/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rsg)
July 26, 2021 Opinion or Order Filing 384 ORDER granting #383 Application for Admission of Michael A. Munoz Pro Hac Vice. Signed by Judge Richard W. Story on 07/26/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rsg)
July 26, 2021 Clerk's Certificate of Mailing as to Michael A. Munoz re #384 Order on Application for Admission PHV. (rsg)
July 26, 2021 Clerk's Certificate of Mailing as to William C. Lawrence re #385 Order on Application for Admission PHV. (rsg)
July 23, 2021 APPROVAL by Clerks Office re: #382 APPLICATION for Admission of William C. Lawrence Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11114962).. Attorney William C. Lawrence added appearing on behalf of Steven Pressman, Steven Pressman, Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC, Winder Laboratories, LLC, Winder Laboratories, LLC (nmb)
July 23, 2021 APPROVAL by Clerks Office re: #383 APPLICATION for Admission of Michael A. Munoz Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11114964).. Attorney Michael A. Munoz added appearing on behalf of Steven Pressman, Steven Pressman, Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC, Winder Laboratories, LLC, Winder Laboratories, LLC (nmb)
July 16, 2021 Filing 383 APPLICATION for Admission of Michael A. Munoz Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11114964).by Steven Pressman, Winder Laboratories, LLC. (Cobb, James) Documents for this entry are not available for viewing outside the courthouse.
July 16, 2021 Filing 382 APPLICATION for Admission of William C. Lawrence Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11114962).by Steven Pressman, Winder Laboratories, LLC. (Cobb, James) Documents for this entry are not available for viewing outside the courthouse.
June 29, 2021 Opinion or Order Filing 381 ORDER granting the parties' #380 Joint Motion to Extend Deadline for Pre-Trial Order and Enter Proposed Schedule for Remainder of Case. The Consolidated Pre-trial Order is due September 23, 2021. Motions in Limine, if any, are due on October 14, 2021. Response in Opposition to Motions in Limine, if any, are due November 4, 2021. Replies to Motions in Limine, if any, are due November 18, 2021. The Pre-trial conference is scheduled for 10:00 am, January 18, 2022. Both parties will be prepared for trial after January 31, 2022 and will provide a list of proposed dates, subject to the availability of the Court, when all parties and witnesses will be available. Signed by Judge Richard W. Story on 6/29/2021. (ddm)
June 28, 2021 Filing 380 Joint MOTION for Extension of Time to File Pre-Trial Order and Enter Proposed Schedule for Remainder of Case by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
May 18, 2021 Filing 379 Request for Leave of Absence for the following date(s): July 28, 2021- August 2, 2021, September 20, 2021-September 24, 2021, November 22, 2021 - November 26, 2021, December 20, 2021 - December 31, 2021, by James William Cobb. (Cobb, James)
May 3, 2021 Opinion or Order Filing 378 ORDER granting #377 Motion for Extension of Time to File Proposed Pre-Trial Order. ORDERED that the deadline for the parties to file the Proposed Pre-Trial Order by 40 days, up to and including July 1, 2021. Signed by Judge Richard W. Story on 5/3/2021. (dgr)
April 30, 2021 Filing 377 Consent MOTION for Extension of Time to File Proposed Pre-Trial Order by Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit A - Proposed Order)(Holladay, William)
April 26, 2021 Opinion or Order Filing 376 ORDER denying #368 Motion for Entry of Judgment under Rule 54(b) and Stay Pending Appeal. Signed by Judge Richard W. Story on 4/26/2021. (dgr)
April 14, 2021 Submission of #368 MOTION for Entry of Judgment under Rule 54(b) , to District Judge Richard W. Story. (rsg)
April 9, 2021 Filing 375 REPLY to Response to Motion re #368 MOTION for Entry of Judgment under Rule 54(b) and Stay Pending Appeal filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
March 26, 2021 Filing 374 RESPONSE in Opposition re #368 MOTION for Entry of Judgment under Rule 54(b) filed by Steven Pressman, Winder Laboratories, LLC. (Cobb, James)
March 26, 2021 Opinion or Order Filing 373 ORDER granting #372 Motion for Extension of Time to File Proposed Pre-Trial Order. It is further ORDERED that the deadline for the parties to file the Proposed Pre-Trial Order by 30 days, up to and including May 22, 2021. Signed by Judge Richard W. Story on 3/26/2021. (dgr)
March 25, 2021 Filing 372 Consent MOTION for Extension of Time to File Proposed Pre-Trial Order by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
March 24, 2021 Filing 371 Request for Leave of Absence for the following date(s): April 5, 2021 - April 9, 2021, May 1, 2021- May 4, 2021, June 5, 2021-June 12, 2021, July 5, 2021- July 7, 2021, by James William Cobb. (Cobb, James)
March 15, 2021 Opinion or Order Filing 370 ORDER granting #369 Motion for Extension of Time to File Proposed Pre-Trial Order. ORDERED that the deadline for the parties to file the Proposed Pre-Trial Order by 30 days, up to and including April 19, 2021. Signed by Judge Richard W. Story on 03/15/2021. (dgr)
March 15, 2021 Filing 369 Consent MOTION for Extension of Time to File Proposed Pre-Trial Order by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
March 12, 2021 Filing 368 MOTION for Entry of Judgment under Rule 54(b) with Brief In Support by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Holladay, William)
March 10, 2021 Opinion or Order Filing 367 ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (dgs) (ADI)
February 17, 2021 Opinion or Order Filing 366 ORDER: Plaintiffs Motion for Summary Judgment #325 is DENIED as to all counts, and Defendants Motion for Summary Judgment #328 is GRANTED as to Plaintiffs claims and DENIED as to Defendants counterclaims. Signed by Judge Richard W. Story on 2/17/2021. (dgr)
January 28, 2021 Opinion or Order Filing 365 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (dgs) (ADI)
January 4, 2021 Opinion or Order Filing 364 ORDER granting #358 Motion for Leave to File Matters Under Seal. IT IS HEREBY ORDERED that Concordia may file an un-redacted version of its Reply in Support of Concordia's Motion for Summary Judgment on Liability and Damages for Winder's Counterclaim. Signed by Judge Richard W. Story on 1/4/2021. (dgr)
January 4, 2021 Submission of #358 MOTION for Leave to File Matters Under Seal re: #357 Reply Brief , to District Judge Richard W. Story. (rsg)
December 15, 2020 Filing 363 NOTICE Of Filing Public Versions of MSJ Reply Documents by Steven Pressman, Winder Laboratories, LLC re #360 Notice of Filing,,, (Attachments: #1 Defendants Redacted Reply Memorandum of Law in Support of Defendants Motion for Summary Judgment, #2 Defendants Redacted Response to Plaintiffs Additional Statement of Facts in Response to Winders Motion for Summary Judgment, #3 Defendants Redacted Reply to Plaintiffs Response to Defendants Statement of Material Facts Not in Dispute)(Cobb, James)
December 15, 2020 Submission of #325 MOTION for Summary Judgment , #328 MOTION for Summary Judgment , to District Judge Richard W. Story. (rsg)
December 14, 2020 Opinion or Order Filing 362 ORDER granting #361 Motion for Leave to File Matters Under Seal. ORDERED that the Clerk of the Court: (a) maintain Defendants' unredacted Reply Memorandum of Law in Support of Defendants' Motion for Summary Judgment, unredacted Winder's Response to Plaintiffs' Additional Statement of Facts in Response to Winder's Motion for Summary Judgment, unredacted Winder's Reply to Plaintiffs' Response to Defendants' Statement of Material Facts Not in Dispute, and Exhibits 73, 78, 79, 84, and 85 thereto under seal. Signed by Judge Richard W. Story on 12/14/2020. (dgr)
December 11, 2020 Filing 361 MOTION for Leave to File Matters Under Seal re: #360 Notice of Filing,,, with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
December 11, 2020 Filing 360 SEALED NOTICE Of Filing Provisionally Under Seal by Steven Pressman, Winder Laboratories, LLC (Attachments: #1 Reply Memorandum of Law in Further Support of Defendants' Motion for Summary Judgment, #2 Winder's Reply to Concordia's Statement of Material Facts in Support of its Response to Winder's Motion for Summary Judgment, #3 Reply to Plaintiffs' Response to Defendants' Statement of Material Facts Not in Dispute, #4 Exhibit 73 to Winder's Reply to Plaintiffs' RSOF, #5 Exhibit 78 to Winder's Reply to Plaintiffs' RSOF, #6 Exhibit 79 to Winder's Reply to Plaintiffs' RSOF, #7 Exhibit 84 to Winder's Reply to Plaintiffs' RSOF, #8 Exhibit 85 to Winder's Reply to Plaintiffs' RSOF)(Cobb, James) Modified on 12/14/2020 to remove the word provisionally per #362 Order (dgr).
December 11, 2020 Filing 359 REPLY BRIEF re #328 MOTION for Summary Judgment filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Winder's Reply to Concordia's Statement of Material Facts in Support of its Response to Winder's Motion for Summary Judgment, #2 Reply to Plaintiffs' Response to Defendants' Statement of Material Facts Not in Dispute, #3 Exhibit 73 to Winder's Reply to Plaintifffs' RSOF, #4 Exhibit 74 to Winder's Reply to Plaintifffs' RSOF, #5 Exhibit 75 to Winder's Reply to Plaintifffs' RSOF, #6 Exhibit 76 to Winder's Reply to Plaintifffs' RSOF, #7 Exhibit 77 to Winder's Reply to Plaintifffs' RSOF, #8 Exhibit 78 to Winder's Reply to Plaintifffs' RSOF, #9 Exhibit 79 to Winder's Reply to Plaintifffs' RSOF, #10 Exhibit 80 to Winder's Reply to Plaintifffs' RSOF, #11 Exhibit 81 to Winder's Reply to Plaintifffs' RSOF, #12 Exhibit 82 to Winder's Reply to Plaintifffs' RSOF, #13 Exhibit 83 to Winder's Reply to Plaintifffs' RSOF, #14 Exhibit 84 to Winder's Reply to Plaintifffs' RSOF, #15 Exhibit 85 to Winder's Reply to Plaintifffs' RSOF)(Cobb, James)
December 11, 2020 Filing 358 MOTION for Leave to File Matters Under Seal re: #357 Reply Brief by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
December 11, 2020 Filing 357 PROVISIONALLY SEALED REPLY BRIEF re #325 MOTION for Summary Judgment filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
December 9, 2020 Opinion or Order Filing 356 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (dgs) (ADI)
December 3, 2020 Opinion or Order Filing 355 ORDER granting #353 Motion for Extension of Time. ORDERED that the Scheduling Order be MODIFIED, and it is further ORDERED that the remaining Summary Judgment briefing shall adhere to the following schedule: 1. Both parties' Reply briefs in support of summary judgment motions due December 11, 2020. Signed by Judge Richard W. Story on 12/3/2020. (dgr)
December 3, 2020 Opinion or Order Filing 354 ORDER granting #352 Motion for Leave to File Excess Pages. ORDERED that the page limitation set by Local Rule 7.1(D) is ENLARGED, and it is further ORDERED that both parties may file Reply briefs in support of their respective Motions for Summary Judgment up to 30 pages in length. Signed by Judge Richard W. Story on 12/3/2020. (dgr)
December 2, 2020 Filing 353 Unopposed MOTION for Extension of Time for All Parties to Submit Reply Briefs in Support of Their Motions for Summary Judgment re: #342 Scheduling Order, by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
December 2, 2020 Filing 352 Unopposed MOTION for Leave to File Excess Pages for Reply Briefs in Support of Summary Judgment Motions by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
November 23, 2020 Filing 351 ---DOCUMENT FILED IN ERROR--- MOTION for Summary Judgment with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Brief in Support of Defendants' Motion for Summary Judgment, #2 Exhibit A - Primary Policy, #3 Exhibit B - Umbrella Policy, #4 Exhibit C - Reservation of Rights Letters, #5 Exhibit D - Declaration of Steven Pressman, #6 Statement of Material Facts)(Cobb, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 11/24/2020 to edit document restrictions and modify text per attorney request (jpk).
November 16, 2020 Opinion or Order Filing 350 ORDER granting #345 Motion for Leave to File Matters Under Seal. Upon consideration of Plaintiffs Concordia Pharmaceuticals Inc., S..R.L, Concordia Pharmaceuticals (US) Inc., and Advanz Pharma Corp.s (collectively "Concordia" or "Plaintiffs") Motion to Seal, and for good cause shown: Plaintiffs Motion is GRANTED and IT IS HEREBY ORDERED that Concordia may file un-redacted versions of its Response in Opposition to Defendants and Counterclaimants Motion for Summary Judgment, Concordias Statement of Undisputed Material Facts in Support of its Response, Concordias Response in Opposition to Defendants and Counterclaimants Statement of Material Facts Not in Dispute, and Exhibits 3, 6-10, 13, 16, 17, 25, 26, 28, 29, 31, 34, 35, and 36 to Concordias Response. Signed by Judge Richard W. Story on 11/16/2020. (dgr)
November 16, 2020 Opinion or Order Filing 349 ORDER granting #348 Motion for Leave to File Matters Under Seal. ORDERED that the motion be and is GRANTED, and it is further ORDERED that the Clerk of the Court: (a) maintain Defendants unredacted Memorandum in Opposition to Plaintiffs Motion for Summary Judgment and unredacted Response to Plaintiffs Statement of Material Facts, along with Exhibits 3, 5, 6, 8, and 9 thereto under seal. Signed by Judge Richard W. Story on 11/16/2020. (dgr)
November 13, 2020 Filing 348 MOTION for Leave to File Matters Under Seal re: 347 Notice of Filing, with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
November 13, 2020 Filing 346 RESPONSE in Opposition re #325 MOTION for Summary Judgment filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Winder's Response to Plaintiffs' Statement of Material Facts, #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)(Cobb, James)
November 13, 2020 Filing 345 MOTION for Leave to File Matters Under Seal re: #344 Response in Opposition to Motion,,,,,,,,,, by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
November 13, 2020 Filing 344 SEALED RESPONSE in Opposition re #328 MOTION for Summary Judgment filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Statement of Material Facts - Response in Opposition to Counterclaimants' Statement of Material Facts, #2 Statement of Material Facts in Support of Opposition to Counterclaimants' Motion for Summary Judgment, #3 Exhibit 1 - FDA's Salvoy Brief, #4 Exhibit 2 - Concordia's Approval Letters, #5 Exhibit 3 - Pressman Deposition (filed provisionally under seal), #6 Exhibit 4 - FDA Letter, #7 Exhibit 5 - Winder Response to Request for Admissions, #8 Exhibit 6 - Exhibit H to 4th Amended Complaint (filed provisionally under seal), #9 Exhibit 7 Collection of Winder Product Proposals (filed provisionally under seal), #10 Exhibit 8 - McKesseon Email dated 11.7.2016 (filed provisionally under seal), #11 Exhibit 9 Exhibit I to FAC (filed provisionally under seal), #12 Exhibit 10 - Red Oak Shea Deposition (filed provisionally under seal), #13 Exhibit ABC Rhone Deposition, #14 Exhibit 12 - Reisetter Donnatal Report, #15 Exhibit 13 - Kinsey Report (filed provisionally under seal), #16 Exhibit 14 - Collection of FDA Generic Pamphlets, #17 Exhibit 15 - Anthem Formulary, Ex. L to FAC, #18 Exhibit 16 - Exhibit G to FAC (filed provisionally under seal), #19 Exhibit 17 - MediSpan Email Listing (filed provisionally under seal), #20 Exhibit 18 - Winder Counterclaim Letters, #21 Exhibit 19 - FDA Compliance Policy Guide, #22 Exhibit 20 - FDA 483 Observation Report, #23 Exhibit 21 - Winder FDA Warning Letter, #24 Exhibit 22 - Blue Shield of California Formulary, #25 Exhibit 23 - Sharples Declaration, #26 Exhibit 24 - Supplemental Declaration of James Sharples, #27 Exhibit 25 - Supply Agreement between Winder and Red Oak (filed provisionally under seal), #28 Exhibit 26 - Pressman Email to Red Oak (filed provisionally under seal), #29 Exhibit 27 - Adams Letter to CVS, #30 Exhibit 28 - Rhone Email ABC-CON-000018 (filed provisionally under seal), #31 Exhibit 29 - WIN006761 (filed provisionally under seal), #32 Exhibit 30 - Method Verdict Form, #33 Exhibit 31 - Green Damages Report (filed provisionally under seal), #34 Exhibit 32 - Thurmond Deposition, #35 Exhibit 33 - Winder NDC Lookup, #36 Exhibit 34 - Miles Deposition (filed provisionally under seal), #37 Exhibit 35 - Ahmad Deposition (filed provisionally under seal), #38 Exhibit 36 - Diaz Deposition (filed provisionally under seal))(Holladay, William) Modified on 11/16/2020 to remove the word provisionally per #350 Order (dgr).
November 4, 2020 Opinion or Order Filing 343 ORDER granting #341 Motion for Leave to File Excess Pages. It is hereby ORDERED that the page limitation set by Local Rule 7.1(D) is ENLARGED, and it is further ORDERED that the parties may file Response Memoranda to the parties' Cross-Motions for Summary Judgment up to 40 pages in length. Signed by Judge Richard W. Story on 11/4/2020. (dgr)
November 4, 2020 Opinion or Order Filing 342 AMENDED SCHEDULING ORDER: ORDERED that remaining Summary Judgment briefing shall adhere to the following schedule: 1. Responses to summary judgment motions due November 13, 2020. 2. Replies in support of summary judgment motions due December 4, 2020. Signed by Judge Richard W. Story on 11/4/2020. (dgr)
November 4, 2020 Filing 341 Unopposed MOTION for Leave to File Excess Pages in Memoranda Responding to Summary Judgment Motions by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
November 4, 2020 Filing 340 Unopposed MOTION for Extension of Time to File Responses in Opposition to Summary Judgment Motions re: #322 Order on Motion for Extension of Time, by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
October 30, 2020 Opinion or Order Filing 339 ORDER: Having considered the motion #338 , the fact that Plaintiff does not oppose the relief requested, and for good cause shown, it is hereby ORDERED that the motion #338 be and is GRANTED, and it is further ORDERED that the Clerk of Court: (a) maintain Defendants unredacted (and redline) Corrected Memorandum in Support of Summary Judgment and Corrected Statement of Material Facts Not in Dispute along with Exhibits 1, 4, 8, 14, 18, 29, 33, 34, 35, 35A, 37, 38, 39, 42, 44, 50, 53, 54, 65, 68, 69, 70, 71, and 72 (ECF Nos. 330-3, 330-4, 330-5, 330-6, 330-7, 330-8, 330-9, 330-10, 330-11, 330-12, 330-14, 330-15, 330-16, 330-17, 330-18, 330-20, 330-23, 330-24 330-31, 330-32, 330-33, 330-34, 330-35, 330-36, and 330- 37) to Defendants and Counterclaimants Corrected Statement of Material Facts Not in Dispute in support of Winders Motion to for Summary Judgment under seal; (b) maintain Corrected Exhibit 34 (ECF No. 330-5) and Exhibit 47 (ECF No. 330-6) to Defendants and Counterclaimants Corrected Statement of Material Facts Not in Dispute in support of Winders Motion to for Summary Judgment under seal; and (c) immediately remove ECF No. 329-40 from the public docket and maintain under seal. Signed by Judge Richard W. Story on 10/30/2020. (dgr) Modified on 11/2/2020 to identify the motion being granted (dgr).
October 30, 2020 Submission of #338 MOTION for Leave to File Matters Under Seal re: #337 Notice of Filing, MOTION Leave to File Corrected Memorandum in Support of Motion for Summary Judgment and Statement of Undisputed Facts #328 MOTION for Summary Judgment, to District Judge Richard W. Story. (rsg)
October 26, 2020 Filing 338 MOTION for Leave to File Matters Under Seal re: #337 Notice of Filing,, , MOTION Leave to File Corrected Memorandum in Support of Motion for Summary Judgment and Statement of Undisputed Facts #328 MOTION for Summary Judgment with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order, #2 Corrected and Redacted Memorandum in Support of Defendants' Motion for Summary Judgment, #3 Defendants and Counterclaimants' Corrected and Redacted Statement of Material Facts Not in Dispute, #4 Exhibit 5 (Corrected), #5 Exhibit 15 (Corrected), #6 Exhibit 18 (Corrected), #7 Exhibit 40 (Corrected), #8 Exhibit 41 (Corrected), #9 Exhibit 14 (Redacted), #10 Exhibit 35 (Redacted), #11 Exhibit 35a (Redacted), #12 Exhibit 37 (Redacted), #13 Exhibit 38 (Redacted), #14 Exhibit 39 (Redacted), #15 Exhibit 53 (Redacted))(Cobb, James)
October 26, 2020 Filing 337 PROVISIONALLY SEALED NOTICE Of Filing Provisionally Sealed Unredacted and Redline Corrected Memorandum in Support of Summary Judgment, Unredacted and Redline Corrected Statement of Materials Facts Not in Dispute, and Exhibits in Support by Steven Pressman, Winder Laboratories, LLC re #328 MOTION for Summary Judgment (Attachments: #1 Corrected Memorandum in Support of Defendants' Motion for Summary Judgment, #2 Redline of Changes to Memorandum, #3 Defendants and Counterclaimants' Corrected Statement of Material Facts Not in Dispute, #4 Redline of Changes to Statement of Material Facts, #5 Exhibit 34, #6 Exhibit 47)(Cobb, James)
October 19, 2020 Filing 336 Notice of Court Ordered Sealed Filing of Memorandum in Support of Concordia's Motion for Summary Judgment on Liability and Damages for Winder's Counterclaim, Concordia's Statement of Undisputed Material Facts, and Exhibits 6, 7, and 9 to Concordia's Memorandum by Concordia Pharmaceuticals Inc., S.A.R.L. re: #334 Order on Motion for Leave to File Matters Under Seal, (Attachments: #1 Statement of Material Facts, #2 Exhibit 6 - Kinsey Report, #3 Exhibit 7 - Expense Report of Bruce Dubinsky, #4 Exhibit 9 - Transcript of Kinsey Deposition)(Holladay, William)
October 19, 2020 Opinion or Order Filing 335 ORDER denying #331 Motion for Leave to File Matters Under Seal. Defendants Motion [Doc. 331] will be DENIED with Leave to Amend within seven (7) days. Defendants filings will remain provisionally sealed pending further Order of the Court. The Clerk is DIRECTED to resubmit this matter to the Court in ten (10) days. Signed by Judge Richard W. Story on 10/19/2020. (dgr)
October 16, 2020 Opinion or Order Filing 334 ORDER granting #327 Motion for Leave to File Matters Under Seal. Plaintiffs Motion is GRANTED and IT IS HEREBY ORDERED that Concordia may file un-redacted versions of its Memorandum in Support of Concordias Motion for Summary Judgment on Liability and Damages for Winders Counterclaim, Concordias Statement of Undisputed Material Facts, and Exhibits 6, 7, and 9 to Concordias Memorandum. Signed by Judge Richard W. Story on 10/14/2020. (dgr)
October 16, 2020 Opinion or Order Filing 333 ORDER granting #332 Motion to File Documents Out of Time. ORDERED that the motion be and is GRANTED, and it is further ORDERED that Defendants' filing dated October 10, 2020 (Dkts. 329-331) shall be deemed to have been filed timely pursuant to the Amended Scheduling Order (Dkt. 322) in this matter. Signed by Judge Richard W. Story on 10/16/2020. (dgr)
October 14, 2020 Filing 332 Consent MOTION for Leave to File Documents Out of Time #330 Notice of Filing,,,,,,, #329 Notice of Filing,,,,,,,,,, #331 MOTION for Leave to File Matters Under Seal re: #330 Notice of Filing,,,,,,, of Provisionally Sealed Brief, Statement of Undisputed Facts, and Exhibits in Support of Winder's Motion for Summary Judgment by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
October 10, 2020 Filing 331 MOTION for Leave to File Matters Under Seal re: #330 Notice of Filing,,,,,,, of Provisionally Sealed Brief, Statement of Undisputed Facts, and Exhibits in Support of Winder's Motion for Summary Judgment with Brief In Support by Steven Pressman, Steven Pressman, Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC, Winder Laboratories, LLC, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order on Winder's Motion to Seal)(Cobb, James)
October 10, 2020 Filing 330 PROVISIONALLY SEALED NOTICE Of Filing Provisionally Sealed Brief, Statement of Undisputed Facts, and Exhibits in Support of Winder's Motion for Summary Judgment by Steven Pressman, Winder Laboratories, LLC re #328 MOTION for Summary Judgment (Attachments: #1 Brief Memorandum of Law in Support of Winder's Motion for Summary Judgment, #2 Statement of Material Facts in Support of Winder's Motion for Summary Judgment, #3 Exhibit 01 (Ahmad 04, CON27999), #4 Exhibit 04 (Ahmad (2019) Depo Excerpts), #5 Exhibit 08 (Kinsey Damages Report, Feb 9 2018), #6 Exhibit 14 (Pressman Depo Excerpts), #7 Exhibit 18 (Miles 8 & Ahmad 5), #8 Exhibit 29 (Kinsey (2018) Depo Excerpts), #9 Exhibit 33 (Medi-Span Ex 03 Waggoner 03), #10 Exhibit 34 (Miles (CPI) Depo Excerpts), #11 Exhibit 35 (Diaz Depo Excerpts), #12 Exhibit 35a (WIN000072-75), #13 Exhibit 36 (Shea Depo Red Oak Excerpts), #14 Exhibit 37 (Pressman Ex 06, WIN000092), #15 Exhibit 38 (WIN000042), #16 Exhibit 39 (WIN000081-84), #17 Exhibit 42 (Hoyt, Andrew Deposition Excerpts), #18 Exhibit 44 (Hullett 08, BIR CHI Jan 11), #19 Exhibit 49 (ABC-CON-000001), #20 Exhibit 50 (ABC Ex. 3, CON5069), #21 Exhibit 51 (ABC Ex. 4, ABC-CON-00004), #22 Exhibit 52 (ABC Ex. 9), #23 Exhibit 53 (ABC Ex. 08), #24 Exhibit 54 - Part 01, #25 Exhibit 54 - Part 02, #26 Exhibit 54 - Part 03, #27 Exhibit 54 - Part 04, #28 Exhibit 54 - Part 05, #29 Exhibit 54 - Part 06, #30 Exhibit 54 - Part 07, #31 Exhibit 54 - Part 08, #32 Exhibit 65 (Allera Dep. Ex 30), #33 Exhibit 68 (Ahmad 03, CON021683, 17633), #34 Exhibit 69 (Ahmad 2019 Dep Ex. 18), #35 Exhibit 70 (Ahmad (2020) Dep Ex. 08), #36 Exhibit 71 (Ahmad 07), #37 Exhibit 72 (Ahmad 10))(Cobb, James)
October 10, 2020 Filing 329 NOTICE Of Filing Exhibits in Support of Motion for Summary Judgment by Steven Pressman, Winder Laboratories, LLC re #328 MOTION for Summary Judgment (Attachments: #1 Exhibit 02 (Con RFA, No. 43), #2 Exhibit 03 - Part 01, #3 Exhibit 03 - Part 02, #4 Exhibit 03 - Part 03, #5 Exhibit 03 - Part 04, #6 Exhibit 03 - Part 05, #7 Exhibit 03 - Part 06, #8 Exhibit 03 - Part 07, #9 Exhibit 05 (Hullett (2019) Depo Excerpts), #10 Exhibit 06 (Ahmad (2020) Depo Excerpts), #11 Exhibit 07 (NIH - Donnatal Ingredients), #12 Exhibit 09 (Reisetter Depo Excerpts), #13 Exhibit 10 (DESI 1975), #14 Exhibit 11 (Peisert Depo Excerpts), #15 Exhibit 12 (DailyMed Donnatal Tabs, Dkt. 125-03, Feb 6 2017)), #16 Exhibit 13 (Etienne Depo Excerpts), #17 Exhibit 16 (B-Donna insert and label, Dkt. 305-02), #18 Exhibit 17 (B-Donna Medi-Span Listing (Dkt. 305-03 (Ex. 03 B-Donna Medi-Span listing))), #19 Exhibit 19 (Dkt. 305-04, Phenohytro insert and label), #20 Exhibit 20 (Dkt. 305-05, (Phenohytro DailyMed listing), #21 Exhibit 21 (Listings from Etienne Depo), #22 Exhibit 22 (Miles Ex. 10, May '17 FDA Ltr), #23 Exhibit 23 (Unapproved Drug Decision Tree), #24 Exhibit 24 (Suko FDB Depo Excerpts), #25 Exhibit 25 (Sharples Depo Excerpts), #26 Exhibit 26 (Waggoner Medi-Span (2019) Depo Excerpts), #27 Exhibit 27 (Waggoner 10), #28 Exhibit 28 (Miles 23, CON23646), #29 Exhibit 30 (CON024097 B-Donna, FDB)), #30 Exhibit 31 (Donnatal & Phenohytro FDB Listing), #31 Exhibit 32 (Medi-Span Ex 02 Waggoner 02), #32 Exhibit 36a (Shea Dep Ex. 08), #33 Exhibit 40 (CON024097), #34 Exhibit 41 - Part 01, #35 Exhibit 41 - Part 02, #36 Exhibit 41 - Part 03, #37 Exhibit 43 (CON004859d, 5091), #38 Exhibit 45 (Miles 18, CON009104d, BIR Walgreens, Apr 26 16), #39 Exhibit 46 (Miles Ex 21), #40 Exhibit 47 (Shea 03, CHI Agreement), #41 Exhibit 48 (Rhone-ABC Dep Excerpts), #42 Exhibit 55 (Miles -CPI Ex 23), #43 Exhibit 56 - Part 01, #44 Exhibit 56 - Part 02, #45 Exhibit 56 - Part 03, #46 Exhibit 57 (Suko Ex. 06, CON0048108 &24318), #47 Exhibit 59 (Suko Ex. 07, CON09246d FDB and FDA Corr.), #48 Exhibit 60 (Garvin Depo Excerpts), #49 Exhibit 61 (Suko Ex. 08), #50 Exhibit 62 (Miles Ex 10) 9335, #51 Exhibit 63 (Suko Ex. 09 24093), #52 Exhibit 64 (Allera Depo Excerpts), #53 Exhibit 66 (309-02 Exhibit 09 (Prasco DailyMed), #54 Exhibit 67 (CON004953))(Cobb, James)
October 9, 2020 Filing 328 MOTION for Summary Judgment by Steven Pressman, Steven Pressman, Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC, Winder Laboratories, LLC, Winder Laboratories, LLC. (Cobb, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
October 9, 2020 Filing 327 MOTION for Leave to File Matters Under Seal re: #326 Notice of Filing, by Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
October 9, 2020 Filing 326 PROVISIONALLY SEALED NOTICE Of Filing Documents to be Filed Under Seal in Support of Motion for Summary Judgment by Concordia Pharmaceuticals Inc., S.A.R.L. re #325 MOTION for Summary Judgment Brief (Attachments: #1 Statement of Material Facts, #2 Exhibit 6 - Kinsey Report, #3 Exhibit 7 - Expense Report of Bruce Dubinsky, #4 Exhibit 9 - Transcript of Kinsey Deposition)(Holladay, William)
October 9, 2020 Filing 325 MOTION for Summary Judgment with Brief In Support by Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Brief in Support of Motion for Summary Judgment, #2 Statement of Material Facts, #3 Exhibit 1 - Concordia Letters, #4 Exhibit 2 - FDA Letter, #5 Exhibit 3 - FDA Observations, #6 Exhibit 4 - FDA Warning Letter, #7 Exhibit 5 - Marketed Unapproved Drugs Guide, #8 Exhibit 6 - Kinsey Report (filed provisionally under seal), #9 Exhibit 7 - Expense Report of Bruce Dubinsky, #10 Exhibit 8 - Grabowski Article, #11 Exhibit 9 - Kinsey Deposition transcript (filed provisionally under seal), #12 Exhibit 10 - Kinsey Rebuttal Report, #13 Exhibit 11 - Dubinsky Deposition Transcript)(Holladay, William) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
October 7, 2020 Opinion or Order Filing 324 ORDER granting #323 Motion for Leave to File Excess Pages. ORDERED that the parties may file Memoranda in Support of Cross-Motions for Summary Judgment up to 35 pages in length. Signed by Judge Richard W. Story on 10/7/2020. (dgr)
October 7, 2020 Filing 323 Joint MOTION for Leave to File Excess Pages by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
September 29, 2020 Opinion or Order Filing 321 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (dgs) (ADI)
September 28, 2020 Opinion or Order Filing 322 ORDER granting #320 Motion for Extension of Time. It is hereby ORDERED that the Scheduling Order be and is MODIFIED, and it is further ORDERED that remaining Summary Judgment briefing shall adhere to thefollowing schedule: Summary judgment motions, if any, due on October 9, 2020. Responses to summary judgment motions due November 6, 2020. Replies in support of summary judgment motions due November 23, 2020. Signed by Judge Richard W. Story on 09/28/2020. (rsg)
September 28, 2020 Filing 320 Joint MOTION for Extension of Time to File Summary Judgment Briefs re: #317 Order on Motion for Miscellaneous Relief by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
September 2, 2020 Opinion or Order Filing 319 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (dgs) (ADI)
August 4, 2020 Opinion or Order Filing 318 SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (rvb) (ADI)
July 27, 2020 Opinion or Order Filing 317 ORDER granting #316 Motion to Modify Scheduling Order. ORDERED that remaining Discovery and Summary Judgment briefing shall adhere to the following schedule. See Order for further details. Signed by Judge Richard W. Story on 7/27/2020. (dgr)
July 27, 2020 Filing 316 Joint MOTION to Modify Scheduling Order #314 Order,, by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
July 27, 2020 Opinion or Order Filing 315 ORDER: Very narrow discovery was authorized to allow Defendants to explore standing issues regarding Plaintiffs added in the Fourth Amended Complaint. Discovery regarding negotiations or arrangements with Prasco fall outside that limited scope. Therefore, Defendants' request for Prasco discovery is DENIED. Signed by Judge Richard W. Story on 7/27/2020. (Attachments: #1 Exhibit A to Order)(dgr)
July 14, 2020 Opinion or Order Filing 314 ORDER: Consistent with the Courts prior direction, now that the proper parties are in the case, they are ORDERED to file a proposed scheduling order that includes deadlines for filing summary judgment motions. (Order, Dkt. #291 .) The Court presumes Defendants have completed the additional limited discovery granted in early April. (Order, Dkt. #303 .) If they require additional time, an expeditious deadline should be included in the proposed scheduling order. If the parties fail to submit a proposed order within 14 days, motions for summary judgment, if any, shall be due 30 days from the entry of this Order. Signed by Judge Richard W. Story on 7/14/2020. (dgr)
July 13, 2020 Opinion or Order Filing 313 FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (dgs) (ADI)
July 2, 2020 Opinion or Order Filing 312 FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (adg) (ADI)
June 17, 2020 Opinion or Order Filing 311 ORDER granting #310 Motion to Withdraw May 29, 2020 Amended Counterclaims. ORDERED that Count VI and the amendments in Docket No. 309 are WITHDRAWN without prejudice, and the operative counterclaims for this case are those set forth in Winder's Answer and Amended Counterclaims (Dkt. No. 305). Signed by Judge Richard W. Story on 6/17/2020. (dgr)
June 16, 2020 Filing 310 Unopposed MOTION to Withdraw May 29, 2020 Amended Counterclaim 309 Counterclaim, by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1 - Redline of Amended Counterclaims (ECF 309 v ECF 305), #2 Text of Proposed Order)(Cobb, James)
May 27, 2020 Opinion or Order Filing 308 THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (dgs) (ADI)
May 8, 2020 Filing 307 ANSWER to #305 Counterclaim by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
May 4, 2020 Opinion or Order Filing 306 SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (mmc) (ADI)
April 15, 2020 Filing 305 ANSWER to #300 Amended Complaint , COUNTERCLAIM against All Plaintiffs with Jury Demand by Winder Laboratories, LLC, Steven Pressman. (Attachments: #1 Exhibit 1 - Medi-Span and FDB lawsuit extension requests, #2 Exhibit 2 - B-Donna insert and label, #3 Exhibit 3 - B-Donna Medi-Span listing, #4 Exhibit 4 - Phenohytro insert and label, #5 Exhibit 5 - Phenohytro DailyMed listing, #6 Exhibit 6 - Phenohytro Medi-Span listing, #7 Exhibit 7 - Concordia's letters)(Cobb, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
April 1, 2020 Opinion or Order Filing 304 Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (dgs) (ADI)
April 1, 2020 Opinion or Order Filing 303 ORDER granting #302 Motion for Extension of Time to Answer. ORDERED that the time to Answer is EXTENDED 14 days, making the Answer due April 15, 2020. ORDERED that Winder is permitted to take limited discovery as described in the Motion. Signed by Judge Richard W. Story on 04/01/2020. (dgr)
March 31, 2020 Filing 302 Unopposed MOTION for Extension of Time to File Answer re #300 Amended Complaint, , Unopposed MOTION for Limited Additional Discovery by Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
March 23, 2020 Opinion or Order Filing 301 General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (dgr)
March 20, 2020 Filing 300 Fourth AMENDED COMPLAINT against All Defendants with Jury Demand filed by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
March 18, 2020 Filing 299 Fourth AMENDED COMPLAINT against All Defendants with Jury Demand filed by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
March 4, 2020 Opinion or Order Filing 298 ORDER granting #292 Motion for Leave to File Fourth Amended Complaint with the above direction. Concordia has 14 days to file its fourth amended complaint. Thereafter, Defendants have 14 days to file an answer with counterclaims consistent with the Court's previous Order #286 . It is the Court's understanding that additional discovery is not required. To the extent it is, the parties are directed to submit an amended proposed scheduling order. Signed by Judge Richard W. Story on 03/04/2020. (rsg)
January 16, 2020 Submission of #292 MOTION for Leave to File Fourth Amended Complaint, to District Judge Richard W. Story. (rsg)
January 13, 2020 Filing 297 REPLY to Response to Motion re #292 MOTION for Leave to File Fourth Amended Complaint filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
January 8, 2020 Opinion or Order Filing 296 ORDER granting #295 Motion for Extension of Time to File its Reply to Winder's Opposition #293 to Concordia's Motion for Leave to File its Fourth Amended Complaint #292 . ORDERED that the Motion be and is GRANTED, and it is further ORDERED that the time to Reply is EXTENDED seven days making the Reply due January 13, 2020. Signed by Judge Richard W. Story on 1/8/2020. (dgr)
January 7, 2020 Submission of #295 Consent MOTION for Extension of Time to File Reply in Support of re: #292 MOTION for Leave to File Fourth Amended Complaint , to District Judge Richard W. Story. (rsg)
January 6, 2020 Filing 295 Consent MOTION for Extension of Time to File Reply in Support of re: #292 MOTION for Leave to File Fourth Amended Complaint by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
January 2, 2020 Filing 294 TRANSCRIPT of the Telephone Conference held on 11/26/2019, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/23/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/1/2020. (Attachments: #1 Notice of Filing of Official Transcript) (dgr)
December 23, 2019 Filing 293 RESPONSE in Opposition re #292 MOTION for Leave to File Fourth Amended Complaint filed by Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC. (Attachments: #1 Exhibit A)(Cobb, James)
December 9, 2019 Filing 292 MOTION for Leave to File Fourth Amended Complaint with Brief In Support by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Brief, #2 Exhibit 1 - Proposed Amended Complaint clean version, #3 Exhibit 2 - Proposed Amended Complaint red-lined version, #4 Text of Proposed Order)(Holladay, William)
November 26, 2019 Opinion or Order Filing 291 ORDER re #290 Telephone Conference. Concordia is not authorized to depose BCBS. The Court's ruling is based upon Winder's representation that they will stipulate to the authenticity of the insurance formularies produced during discovery, as business records. The Parties are directed to proceed with getting the proper parties into the case. Once achieved, they shall submit a proposed scheduling order that includes a timeline for summary judgment motions. Signed by Judge Richard W. Story on 11/26/2019. (bdb)
November 26, 2019 Filing 290 Minute Entry for proceedings held before Judge Richard W. Story: Telephone Conference held on 11/26/2019. The Court held a telephone conference with counsel to discuss pending discovery matters. A written order will follow. (Court Reporter Amanda Lohnaas)(dgr)
November 25, 2019 NOTICE of TELECONFERENCE Hearing: Hearing set for 11/26/2019 at 11:30 AM before Judge Richard W. Story. (sk)
November 13, 2019 Filing 289 Notice for Leave of Absence for the following date(s): February 17, 2020-February 21,2020, April 6, 2020-April 10,2020, June 8, 2020-June 12, 2020, September 21, 2020-September 25,2020, November 23,2020-November 27,2020, December 21,2020-January 8,2021, by James William Cobb. (Cobb, James)
November 6, 2019 Filing 288 NOTICE Of Filing Certificate of Consent for Withdrawal of Counsel for Defendants by Steven Pressman, Winder Laboratories, LLC (Cobb, James)
November 4, 2019 Opinion or Order Filing 287 ORDER granting #285 Application for Admission Ravi Viren Sitwala Pro Hac Vice. Signed by Judge Richard W. Story on 11/4/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dgr)
October 30, 2019 APPROVAL by Clerks Office re: #285 APPLICATION for Admission of Ravi Viren Sitwala Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9025624). Documents for this entry are not available for viewing outside the courthouse.. Attorney Ravi V. Sitwala added appearing on behalf of First DataBank, Inc. (pmb)
October 29, 2019 Opinion or Order Filing 286 ORDER granting #254 Motion to Amend Counterclaims and Join Parties. Winder shall file its amended counterclaim and promptly serve the newly added Counterclaim Defendants. After responsive pleadings are filed by the Counterclaim Defendants, the parties are directed to submit an amended proposed scheduling order to the extent they request additional discovery given the Courts rulings. Signed by Judge Richard W. Story on 10/29/2019. (dgr)
October 23, 2019 Filing 285 APPLICATION for Admission of Ravi Viren Sitwala Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9025624). Documents for this entry are not available for viewing outside the courthouse.by First DataBank, Inc.. (Tanner, Caroline)
October 15, 2019 Filing 284 Notice for Leave of Absence for the following date(s): November 11, 2019-November 13,2019, December 4, 2019-December 6, 2019, by James William Cobb. (Cobb, James)
September 30, 2019 Opinion or Order Filing 283 ORDER granting #282 Motion for Extension of Time to Complete Discovery. Discovery ends on 10/31/2019. Signed by Judge Richard W. Story on 9/30/2019. (dgr)
September 27, 2019 Filing 282 Joint MOTION for Extension of Time to Complete Discovery by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
August 26, 2019 Filing 281 CERTIFICATE of Counsel of Consent for Withdrawal of Counsel for Defendants - Kristin M. Adams by James William Cobb on behalf of Steven Pressman, Winder Laboratories, LLC (Cobb, James)
July 29, 2019 Opinion or Order Filing 280 ORDER granting #279 Motion for Extension of Time to Complete Discovery. Discovery ends on 9/30/2019. Signed by Judge Richard W. Story on 7/29/2019. (dgr)
July 25, 2019 Filing 279 Joint MOTION for Extension of Time Complete Discovery re: #269 Order on Motion for Order, by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William) Modified event on 7/26/2019 (rsg).
June 19, 2019 Opinion or Order Filing 278 ORDER granting #277 Application for Admission Michael Vincent O'Shaughnessy Pro Hac Vice. Signed by Judge Richard W. Story on 6/18/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dgr)
June 19, 2019 Clerk's Certificate of Mailing as to Michael Vincent O'Shaughnessy re #278 Order on Application for Admission PHV. (dgr)
June 18, 2019 APPROVAL by Clerks Office re: #277 APPLICATION for Admission of Michael Vincent O'Shaughnessy Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8724492). Documents for this entry are not available for viewing outside the courthouse.. Attorney Michael Vincent O'Shaughnessy added appearing on behalf of Concordia Pharmaceuticals Inc., S.A.R.L. (pmb)
June 12, 2019 Filing 277 APPLICATION for Admission of Michael Vincent O'Shaughnessy Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8724492). Documents for this entry are not available for viewing outside the courthouse.by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
June 7, 2019 Filing 276 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to The Kroger Co. by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
June 6, 2019 Clerk's Certificate of Mailing to Vincent Edward Verrocchio re #275 Order on Application for Admission PHV. (rsg)
June 5, 2019 Opinion or Order Filing 275 ORDER granting #274 Application for Admission of Vincent Edward Verrocchio Pro Hac Vice. Signed by Judge Richard W. Story on 06/05/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rsg)
June 5, 2019 APPROVAL by Clerks Office re: #274 APPLICATION for Admission of Vincent Edward Verrocchio Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8698971). Documents for this entry are not available for viewing outside the courthouse.. Attorney Vincent Edward Verrocchio added appearing on behalf of Winder Laboratories, LLC, Winder Laboratories, LLC (pmb)
May 31, 2019 Filing 274 APPLICATION for Admission of Vincent Edward Verrocchio Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8698971). Documents for this entry are not available for viewing outside the courthouse.by Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC. (Cobb, James)
May 31, 2019 Submission of #254 MOTION to Amend #79 Answer to Amended Complaint, Counterclaim, MOTION to Add Party , to District Judge Richard W. Story. (rsg)
May 24, 2019 Opinion or Order Filing 273 ORDER granting #272 Motion for Leave to File Matters Under Seal. The Clerk is directed to maintain under seal portions of Winder's Reply in Support of Motion to Amend Counterclaims and Join Parties, as well as Exhibit A to the Declaration of Christopher S. Crook in support of Winder's Motion to Amend Counterclaims and Join Parties, which are currently filed provisionally under seal at Dkt. #271 . The Clerk is directed to change the status of the docket entry identified above from provisionally filed under seal to sealed. Signed by Judge Richard W. Story on 05/24/2019. (rsg)
May 24, 2019 Filing 272 MOTION for Leave to File Matters Under Seal re: #271 Notice of Filing, with Brief In Support by Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
May 24, 2019 Filing 271 SEALED NOTICE Of Filing Documents to be Filed Under Seal by Steven Pressman, Winder Laboratories, LLC (Attachments: #1 Reply Brief in Support of Motion to Amend Counterclaims and Join Parties, #2 Exhibit A to Declaration of Christopher S. Crook)(Cobb, James) Modified on 5/28/2019 (rsg).
May 24, 2019 Filing 270 REPLY BRIEF re #254 MOTION to Amend #79 Answer to Amended Complaint,, Counterclaim, MOTION to Add Party filed by Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC. (Attachments: #1 Declaration of Christopher S. Crook, #2 Exhibit A to Declaration of Christopher S. Crook)(Cobb, James)
May 23, 2019 Opinion or Order Filing 269 ORDER granting #268 Motion for Order. Pursuant to Federal Rule of Civil Procedure 16(b)(4), and for good cause shown, the Court hereby ORDERS that the deadline for the parties to complete fact and expert discovery in the above-captioned action is hereby extended up to and including July 30,2019. Signed by Judge Richard W. Story on 5/23/2019. (dgr)
May 20, 2019 Filing 268 Joint MOTION for Order Modifying Scheduling Order by Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
May 16, 2019 Filing 267 Request for Leave of Absence for the following date(s): May 17, 2019, June 10, 2019 - June 14, 2019, July 5, 2019 - July 8, 2019, July 25, 2019 - July 29, 2019, September 23, 2019 - September 27, 2019, November 25, 2019 - November 29, 2019, December 23, 2019 - January 3, 2020, by James William Cobb. (Cobb, James)
May 10, 2019 Filing 266 RESPONSE in Opposition re #254 MOTION to Amend #79 Answer to Amended Complaint,, Counterclaim, MOTION to Add Party filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Deposition Transcript of Aaron Hullett)(Holladay, William)
May 3, 2019 Filing 265 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to CVS Pharmacy, Inc. by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
May 2, 2019 Opinion or Order Filing 264 ORDER granting #256 Motion for Leave to File Matters Under Seal. Winder shall be permitted to file under seal its Memorandum in Support of Motion to Amend Counterclaims and Join Parties, as well as Exhibit A to the Declaration of Kristin M. Adams in support of Winder's Motion to Amend Counterclaims and Join Parties, which are currently filed provisionally under seal at Dkt. 255. The Clerk is directed to change the status of the docket entry identified above from provisionally filed under seal to sealed. Signed by Judge Richard W. Story on 05/02/2019. (dgr)
May 1, 2019 Filing 263 CERTIFICATE OF SERVICE of Winder's Second Set of Interrogatories by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
May 1, 2019 Filing 262 CERTIFICATE OF SERVICE of Winder's First Set of Requests for Admission by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
May 1, 2019 Filing 261 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to Concordia Pharmaceuticals (US), Inc. by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
May 1, 2019 Filing 260 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to Advanz Pharma Corp. by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
April 29, 2019 Filing 259 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to Wolters Kluwer Clinical Drug Information by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
April 29, 2019 Filing 258 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to Red Oak Sourcing by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
April 29, 2019 Filing 257 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to First Databank by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
April 26, 2019 Filing 256 MOTION for Leave to File Matters Under Seal re: #255 Notice of Filing, with Brief In Support by Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
April 26, 2019 Filing 255 SEALED NOTICE Of Filing Documents to be Filed Under Seal by Steven Pressman, Winder Laboratories, LLC (Attachments: #1 Memorandum in Support of Motion to Amend Counterclaims and Join Parties, #2 Exhibit A to Declaration of Kristin M. Adams)(Cobb, James) Modified on 5/2/2019 to remove the word provisionally per #264 Order (dgr).
April 26, 2019 Filing 254 MOTION to Amend #79 Answer to Amended Complaint,, Counterclaim, , MOTION to Add Party with Brief In Support by Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC. (Attachments: #1 Brief in Support of Motion to Amend Counterclaims and Join Parties, #2 Exhibit 1 to Motion to Amend - Defendants' and Counterclaim Plaintiffs' Amended Counterclaims, #3 Exhibit 1 to Amended Counterclaims, #4 Exhibit 2 to Amended Counterclaims, #5 Exhibit 3 to Amended Counterclaim, #6 Exhibit 4 to Amended Counterclaims, #7 Exhibit 5 to Amended Counterclaims, #8 Exhibit 6 to Amended Counterclaims, #9 Exhibit 7 to Amended Counterclaims, #10 Exhibit 2 to Motion to Amend - Redline of Amended Counterclaims, #11 Declaration of Kristin M. Davis, #12 Exhibit A to Adams Declaration, #13 Text of Proposed Order)(Cobb, James)
April 25, 2019 Filing 253 CERTIFICATE OF SERVICE for Notice of Deposition of Aaron Hullett by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
April 24, 2019 Filing 252 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to Cardinal Health by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
April 18, 2019 Filing 251 CERTIFICATE OF SERVICE for Notice of Deposition of Daniel Peisert by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
April 18, 2019 Filing 250 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to McKesson by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
April 18, 2019 Filing 249 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to AmerisourceBergen by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
April 12, 2019 Opinion or Order Filing 248 ORDER: On October 31, 2018, the Court entered an Order #229 granting Plaintiffs motion for an extension of the deadline for it to file its answer. The granting of this motion rendered Counterclaim Defendants' Motion for Entry of Default and to Strike Answer #224 moot. However, the motions remain pending on the docket. In light of the October 31 Order, the Clerk is directed to terminate the pending motions #224 . Signed by Judge Richard W. Story on 4/12/2019. (dgr)
February 20, 2019 Opinion or Order Filing 247 ORDER: In response to the Courts February 5, 2005 Order #245 , the parties filed a Notice Regarding Discovery Status #246 in which they agreed to complete discovery by May 31, 2019. It is hereby ORDERED that the discovery period shall end May 31, 2019. Signed by Judge Richard W. Story on 2/20/2019. (dgr)
February 19, 2019 Filing 246 STATUS REPORT filed Jointly in response to Court's Order at Dkt. 245 by Steven Pressman, Winder Laboratories, LLC. (Colaizzi, Roger)
February 5, 2019 Opinion or Order Filing 245 STATUS REPORT ORDER. The parties are ORDERED to file a status report within fourteen days. The parties are asked to provide the date on which the discovery period will close. Status Report due by 2/19/2019. Signed by Judge Richard W. Story on 2/5/2019. (dgr)
January 29, 2019 Filing 244 CERTIFICATE OF SERVICE Second Amended Notice of Deposition of Concordia Pharmaceuticals Inc., S.A.R.L. by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
January 18, 2019 Filing 243 Notice for Leave of Absence for the following date(s): April 1, 2019-April 5, 2019, May 17, 2019, June 10, 2019-June 14, 2019, by James William Cobb. (Cobb, James)
January 17, 2019 Filing 242 CERTIFICATE OF SERVICE of Objections and Responses to Plaintiff's Second Set of Interrogatories by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger)
November 16, 2018 Opinion or Order Filing 241 ORDER granting #239 Application for Admission Kristin M. Adams Pro Hac Vice. Signed by Judge Richard W. Story on 11/16/2018. (dgr)
November 16, 2018 APPROVAL by Clerks Office re: #239 APPLICATION for Admission of Kristin M. Adams Pro Hac Vice (Application fee $ 150, receipt number 113E-8261231). Attorney Kristin M. Adams added appearing on behalf of Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC (pmb)
November 16, 2018 Clerk's Certificate of Mailing as to Kristin M. Adams re #241 Order on Application for Admission PHV. (dgr)
November 14, 2018 Submission of #224 MOTION for Clerks Entry of Default and to Strike Answer MOTION to Strike, to District Judge Richard W. Story. (rsg)
November 9, 2018 Filing 240 CERTIFICATE of Counsel of Consent for Withdrawal of Counsel for Defendants by James William Cobb on behalf of Steven Pressman, Winder Laboratories, LLC (Cobb, James)
November 8, 2018 Filing 239 APPLICATION for Admission of Kristin M. Adams Pro Hac Vice (Application fee $ 150, receipt number 113E-8261231)by Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC. (Cobb, James)
November 7, 2018 Filing 238 CERTIFICATE OF SERVICE of Objections to Notice of Rule 30b6 Deposition by Winder Laboratories, LLC.(Colaizzi, Roger)
November 2, 2018 Filing 237 CERTIFICATE OF SERVICE for Notice of Deposition of Venable LLC by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
November 2, 2018 Filing 236 CERTIFICATE OF SERVICE for Notice of Deposition of Steven Pressman by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
November 2, 2018 Filing 235 CERTIFICATE OF SERVICE for Notice of Deposition of David G. Adams by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
November 2, 2018 Opinion or Order Filing 234 ORDER granting #226 Application for Admission Christopher S. Crook Pro Hac Vice. Signed by Judge Richard W. Story on 11/2/2018. (dgr)
November 2, 2018 Clerk's Certificate of Mailing as to Christopher S. Crook re #234 Order on Application for Admission PHV. (dgr)
November 1, 2018 APPROVAL by Clerks Office re: #226 APPLICATION for Admission of Christopher S. Crook Pro Hac Vice (Application fee $ 150, receipt number 113E-8233932). Attorney Christopher S. Crook added appearing on behalf of Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC (pmb)
October 31, 2018 Filing 233 NOTICE by Steven Pressman, Winder Laboratories, LLC of Subpoena (Colaizzi, Roger)
October 31, 2018 Filing 232 NOTICE by Steven Pressman, Winder Laboratories, LLC of Subpoena (Colaizzi, Roger)
October 31, 2018 Filing 231 NOTICE by Steven Pressman, Winder Laboratories, LLC of Subpoena (Colaizzi, Roger)
October 31, 2018 Filing 230 NOTICE by Steven Pressman, Winder Laboratories, LLC of Subpoena (Colaizzi, Roger)
October 31, 2018 Opinion or Order Filing 229 ORDER granting #227 Motion for Extension of Time to Answer to Defendants' Counterclaim, Concordia Pharmaceuticals Inc., S.A.R.L. Answer due 10/17/2018. Signed by Judge Richard W. Story on 10/31/2018. (dgr)
October 29, 2018 Filing 228 RESPONSE in Opposition re #224 MOTION for Clerks Entry of Default and to Strike Answer MOTION to Strike filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
October 29, 2018 Filing 227 MOTION for Extension of Time to File Answer to Counterclaim by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
October 26, 2018 Filing 226 APPLICATION for Admission of Christopher S. Crook Pro Hac Vice (Application fee $ 150, receipt number 113E-8233932)by Steven Pressman, Steven Pressman, Winder Laboratories, LLC, Winder Laboratories, LLC. (Cobb, James)
October 23, 2018 Filing 225 Memorandum in support of #224 MOTION for Clerks Entry of Default with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Affidavit Cobb Declaration, #2 Exhibit 1 to Cobb Declaration)(Cumby, Joshua) Modified on 10/24/2018 (rsg).
October 23, 2018 Filing 224 MOTION for Clerks Entry of Default and to Strike Answer by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua) . Added MOTION to Strike on 10/24/2018 (rsg).
October 18, 2018 Filing 223 CERTIFICATE OF SERVICE Notice of Deposition of Winder Laboratories, LLC by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
October 17, 2018 Filing 222 ANSWER to #79 Counterclaim by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
October 12, 2018 Filing 221 ANSWER to COMPLAINT with Jury Demand by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 28, 2018 Opinion or Order Filing 220 ORDER: Defendants #199 Motion to Dismiss Plaintiffs Third Amended Complaint is DENIED as to Count I; DENIED as to Count II; GRANTED with prejudice as to Count III; DENIED as to Count IV; DENIED as to Count V; GRANTED with prejudice as to Count VI; and DENIED as to Count VII. Plaintiffs Partial Motion to Dismiss Defendants Counterclaims #146 is DENIED. Defendants #218 Motion for Leave to File Matters Under Seal is GRANTED. The Clerk is directed to maintain under seal Exhibits 1 and 2 of the Second Declaration of Joshua Cumby in Support of Winders Motion to Dismiss Plaintiffs Third Amended Complaint. The parties should meet and confer to discuss scheduling and any additional necessary discovery. If the parties are unable to agree on a schedule, they may request a conference with the Court. Signed by Judge Richard W. Story on 09/28/2018. (rsg)
September 20, 2018 Submission of #218 MOTION for Leave to File Matters Under Seal re: #216 Reply to Response to Motion, , to District Judge Richard W. Story. (rsg)
September 4, 2018 Submission of #199 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Richard W. Story. (sk)
August 30, 2018 Filing 219 SEALED REPLY to Response to Motion re #199 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Exhibit 1, Exhibit 2 to 2d Cumby Declaration filed by Steven Pressman, Winder Laboratories, LLC. (Cumby, Joshua) Modified on 9/28/2018 (rsg).
August 30, 2018 Filing 218 MOTION for Leave to File Matters Under Seal re: #216 Reply to Response to Motion, with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
August 30, 2018 Filing 217 NOTICE by Steven Pressman, Winder Laboratories, LLC of Filing of Motion for Leave to Seal (Cumby, Joshua)
August 30, 2018 Filing 216 REPLY to Response to Motion re #199 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Affidavit 2d Cumby Declaration, #2 Exhibit 1 to 2d Cumby Declaration, #3 Exhibit 2 to 2d Cumby Declaration)(Cumby, Joshua)
August 20, 2018 Opinion or Order Filing 215 ORDER granting #214 Motion for Leave to File Matters Under Seal. The Clerk is directed to maintain images on pages 10 and 17 of Plaintiffs Opposition to Winder's Motion to Dismiss Concordia's Third Amended Complaint and Exhibits 1 and 2 to that document under seal. Signed by Judge Richard W. Story on 08/20/2018. (dgr)
August 17, 2018 Filing 214 Amended MOTION for Leave to File Matters Under Seal re: #213 Response to Motion by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
August 17, 2018 Filing 213 SEALED RESPONSE re #199 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit 1 & 2)(Holladay, William) Modified on 8/21/2018 to remove the word Provisionally (dgr).
August 17, 2018 Filing 212 NOTICE Of Filing Motion for Leave to File under Seal by Concordia Pharmaceuticals Inc., S.A.R.L. (Holladay, William)
August 17, 2018 Filing 211 RESPONSE re #199 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit 1 & 2)(Holladay, William)
August 17, 2018 Opinion or Order Filing 210 ORDER granting #209 Motion for Leave to File Matters Under Seal #208 . Signed by Judge Richard W. Story on 08/17/2018. (dgr)
August 16, 2018 Filing 209 MOTION for Leave to File Matters Under Seal re: #208 Response in Opposition to Motion, by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
August 16, 2018 Filing 208 RESPONSE in Opposition re #199 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit 1 & 2)(Holladay, William) Modified on 8/17/2018 to remove the word provisionally per the #210 Order (dgr). Modified on 8/17/2018 to unseal - attorney indicated this is the redacted response; will refile a motion and restricted response(jkl).
August 16, 2018 Filing 207 CERTIFICATE OF SERVICE of Responses to Plaintiff's Second Set of Interrogatories by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
August 16, 2018 Filing 206 CERTIFICATE OF SERVICE of Responses to Plaintiff's Fourth Set of Requests for Production by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
August 13, 2018 Opinion or Order Filing 205 ORDER granting #201 Motion for Leave to File Matters Under Seal. ORDERED that Winder's Motion is GRANTED. The Clerk is directed to maintain Exhibits 6 and 7 to the Declaration of Joshua Cumby in support of Winder's Motion to Dismiss Plaintiffs Third Amended Complaint under seal. Signed by Judge Richard W. Story on 08/13/2018. (dgr)
August 8, 2018 Opinion or Order Filing 204 ORDER granting Defendants Winder Laboratories and Steven Winder's #203 Motion for Leave to File a brief in support of its #199 Motion to Dismiss Concordia's Third Amended Complaint that exceeds the page limitations by ten pages. Signed by Judge Richard W. Story on 08/08/18. (sk)
August 7, 2018 Filing 203 Consent MOTION for Leave to File Excess Pages with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
August 7, 2018 Filing 202 SEALED RESPONSE in Support re #199 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Exhibits 6 and 7 to Cumby Declaration filed by Steven Pressman, Winder Laboratories, LLC. (Cumby, Joshua) Modified on 8/13/2018 to remove the word provisionally (dgr).
August 7, 2018 Filing 201 MOTION for Leave to File Matters Under Seal re: #199 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
August 7, 2018 Filing 200 NOTICE by Steven Pressman, Winder Laboratories, LLC OF MOTION FOR LEAVE TO SEAL (Cumby, Joshua)
August 7, 2018 Filing 199 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Brief, #2 Affidavit Cumby Declaration, #3 Exhibit 1 to Cumby Declaration, #4 Exhibit 2 to Cumby Declaration, #5 Exhibit 3 to Cumby Declaration, #6 Exhibit 4 to Cumby Declaration, #7 Exhibit 5 to Cumby Declaration, #8 Exhibit 6 to Cumby Declaration, #9 Exhibit 7 to Cumby Declaration, #10 Exhibit 8 to Cumby Declaration, #11 Text of Proposed Order)(Cumby, Joshua)
August 2, 2018 Filing 198 TRANSCRIPT of the Status Conference Hearing Proceedings held on July 17, 2018, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/23/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 10/31/2018. (Attachments: #1 Notice of Filing of Official Transcript) (kac)
July 17, 2018 Filing 197 Minute Entry for proceedings held before Judge Richard W. Story: Status Conference held on 7/18/2018. The Court heard arguments from counsel and discussed the pending matters. A written order will follow concerning the pending motions and new deadlines. (Court Reporter Amanda Lohnaas)(sk)
July 17, 2018 Opinion or Order Filing 196 ORDER: The Motion for Leave to File Plaintiff's Third Amended Complaint #186 is GRANTED. Defendants' Partial Motion to Dismiss Plaintiff's Third Complaint #148 is DENIED as moot without prejudice. Defendants may, within 21 days, file a responsive pleading to the Third Amended Complaint, which may incorporate a renewal of their prior partial motion to dismiss. Plaintiff may respond within 14 days, and Defendants may reply within 14 days. The parties may continue to pursue requests for production. All depositions, however, are STAYED pending resolution of Plaintiff's Renewed Partial Motion to Dismiss Defendant's Counterclaims #146 and any responsive pleading filed by Defendants to the Third Complaint. After the Court rules on any pending motions to dismiss, the parties should meet and confer to discuss scheduling and any additional necessary discovery. If the parties are unable to agree on a schedule, they may request a conference with the Court. Signed by Judge Richard W. Story on 07/17/2018. (dgr)
July 17, 2018 Submission of #186 MOTION to Amend Second Amended Complaint to District Judge Richard W. Story. (dgr)
July 13, 2018 Opinion or Order Filing 195 ORDER granting #193 Motion for Leave to File Matters Under Seal. The Clerk is directed to maintain Exhibits 2 and 3 to Winder's Opposition to Plaintiff's Motion for Leave to File Third Amended Complaint under seal. Signed by Judge Richard W. Story on 07/13/2018. (dgr)
July 12, 2018 Filing 194 SEALED RESPONSE in Opposition re #186 MOTION to Amend Second Amended Complaint Exhibit 2, Exhibit 3 filed by Steven Pressman, Winder Laboratories, LLC. (Cumby, Joshua) Modified on 7/13/2018 to remove the word Provisionally per the #195 Order (dgr).
July 12, 2018 Filing 193 MOTION for Leave to File Matters Under Seal re: #191 Response in Opposition to Motion with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
July 12, 2018 Filing 192 NOTICE by Steven Pressman, Winder Laboratories, LLC of Filing of Motion for Leave to Seal (Cumby, Joshua)
July 12, 2018 Filing 191 RESPONSE in Opposition re #186 MOTION to Amend Second Amended Complaint filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cumby, Joshua)
July 10, 2018 Filing 190 NOTICE of Hearing: Status Conference set for 7/17/2018 at 01:30 PM in GAINESVILLE Courtroom 303 before Judge Richard W. Story. (sk)
July 2, 2018 Filing 189 CERTIFICATE OF SERVICE of Plaintiff's Third Set of Requests for Production of Documents and Things by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
July 2, 2018 Filing 188 CERTIFICATE OF SERVICE of Plaintiff's Second Set of Interrogatories by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
June 29, 2018 Opinion or Order Filing 187 ORDER granting #185 Motion for Extension of Time to Complete Discovery. ORDERED that the Scheduling Order be and is MODIFIED, and it is further ORDERED that Discovery ends on 8/31/2018. Signed by Judge Richard W. Story on 06/28/2018. (dgr)
June 28, 2018 Filing 186 MOTION to Amend Second Amended Complaint with Brief In Support by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Proposed Third Amended Complaint (clean version), #2 Exhibit Proposed Third Amended Complaint (red-lined version), #3 Brief, #4 Text of Proposed Order)(Holladay, William)
June 28, 2018 Filing 185 Joint MOTION for Extension of Time to Complete Discovery and to Modify the Scheduling Order with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
May 23, 2018 Opinion or Order Filing 184 ORDER granting #181 Motion for Extension of Time to Complete Discovery. It is further ORDERED that the Scheduling Order be and is MODIFIED, and it is further ORDERED that discovery in this matter shall be completed by June 29, 2018. Signed by Judge Richard W. Story on 05/23/18. (rsg)
May 23, 2018 Filing 183 CERTIFICATE OF SERVICE Amended Notice of Deposition of Concordia Pharmaceuticals Inc., S.A.R.L. by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
May 23, 2018 Filing 182 CERTIFICATE OF SERVICE Notice of Subpoena by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
May 23, 2018 Filing 181 Joint MOTION for Extension of Time to Complete Discovery and to Modify the Scheduling Order with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
May 15, 2018 Filing 180 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William)
May 15, 2018 Filing 179 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William)
May 15, 2018 Filing 178 STIPULATION of Dismissal of Count III of Concordia's Second Amended Complaint by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
May 8, 2018 Filing 177 CERTIFICATE OF SERVICE Notice of Deposition of Daniel Peisert by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
April 27, 2018 Filing 176 CERTIFICATE OF SERVICE Notice of Continued Deposition of Brian C. Reisetter by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
April 3, 2018 Filing 175 CERTIFICATE OF SERVICE Amended Notice of Deposition of James A. Sharples by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
March 23, 2018 Opinion or Order Filing 174 ORDER granting #173 Motion for Extension of Time to Complete Discovery. Discovery ends on 5/25/2018. Signed by Judge Richard W. Story on 03/23/2018. (dgr)
March 22, 2018 Filing 173 Joint MOTION for Extension of Time to Complete Discovery and to Modify the Scheduling Order with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
March 16, 2018 Filing 172 CERTIFICATE OF SERVICE for Notice of Deposition of Jawaid Hamid by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
March 16, 2018 Filing 171 CERTIFICATE OF SERVICE Notice of Deposition of Philip Green by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
March 14, 2018 Filing 170 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William)
March 13, 2018 Filing 169 CERTIFICATE OF SERVICE Notice of Deposition of Brian C. Reisetter by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
March 13, 2018 Filing 168 CERTIFICATE OF SERVICE Notice of Deposition of James A. Sharples by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
March 13, 2018 Filing 167 CERTIFICATE OF SERVICE Notice of Deposition of Buchanan Ingersoll & Rooney PC by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
March 13, 2018 Filing 166 CERTIFICATE OF SERVICE Notice of Deposition of Concordia Pharmaceuticals Inc., S.A.R.L. by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
February 26, 2018 Filing 165 CERTIFICATE OF SERVICE of Responses to Plaintiff's Interrogatories, Requests for Admission, and Requests for Production by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
February 21, 2018 Filing 164 CERTIFICATE OF SERVICE of Winder's Third Requests for Production of Documents by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
January 23, 2018 Filing 163 Notice for Leave of Absence for the following date(s): January 29, 2018-January 30, 2018, February 7, 2018 - February 9, 2018, February 15, 2018 - February 16, 2018, March 30, 2018, June 29, 2018, September 17, 2018 - September 21, 2018, by James William Cobb. (Cobb, James)
January 5, 2018 Submission of #146 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #148 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Richard W. Story. (rsg)
January 3, 2018 Filing 162 REPLY to Response to Motion re #148 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Pressman, Winder Laboratories, LLC. (Cumby, Joshua)
January 2, 2018 Opinion or Order Filing 161 ORDER granting #159 Motion for Extension of Time to Complete Discovery Discovery ends on 3/23/2018. ORDERED that the Scheduling Order be and is MODIFIED. Further ORDERED that the expert disclosures for the party bearing the burden of proof shall be due February 9, 2018; and rebuttal expert disclosures shall be due March 9, 2018. Signed by Judge Richard W. Story on 01/02/2018. (dgr)
January 2, 2018 Filing 160 REPLY to Response to Motion re #146 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
December 22, 2017 Filing 159 Joint MOTION for Extension of Time to Complete Discovery and to Modify the Scheduling Order with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
December 21, 2017 Opinion or Order Filing 158 ORDER GRANTING #157 Motion for Leave to File Matters Under Seal. Signed by Judge Richard W. Story on 12/21/17. (bnw)
December 20, 2017 Filing 157 MOTION for Leave to File Matters Under Seal re: #156 Response in Opposition to Motion by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
December 20, 2017 Filing 156 SEALED RESPONSE in Opposition re #148 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) Modified on 12/21/2017 to edit text(bnw).
December 18, 2017 Filing 155 RESPONSE in Opposition re #146 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1)(Cumby, Joshua)
December 11, 2017 Filing 154 Notice for Leave of Absence for the following date(s): June 8, 2018-June 15, 2018, by James William Cobb. (Cobb, James)
December 7, 2017 Opinion or Order Filing 153 ORDER granting #149 Motion for Leave to File Excess Pages and it is further ORDERED that Winder is given leave to file a brief in support of its Partial Motion to Dismiss Concordia's Second Amended Complaint that exceeds the page limitations in the Local Rules by seven pages. Signed by Judge Richard W. Story on 12/07/2017. (rsg)
December 7, 2017 Opinion or Order Filing 152 ORDER granting #150 Motion for Extension of Time to Answer and it is further ORDERED that the time for Winder's Answer to Concordia's Second Amended Complaint be and is EXTENDED until 14 days after the Court enters its order on Winder's pending Partial Motion to Dismiss Concordia's Second Amended Complaint. Signed by Judge Richard W. Story on 12/07/2017. (rsg) Modified on 12/8/2017 changed motion docket #(rsg).
December 7, 2017 Opinion or Order Filing 151 ORDER granting #147 Motion for Extension of Time to Answer and Concordia may file its Answer to Defendants and Counterclaim Plaintiffs Winder Laboratories, LLC and Steven Pressman's #79 Answer to First Amended Complaint and Counterclaims no later than ten (10) days after an order is issued in regard to Concordia's pending Renewed Partial Motion to Dismiss. Signed by Judge Richard W. Story on 12/07/2017. (rsg) Modified on 12/8/2017 changed motion docket # (rsg).
December 6, 2017 Filing 150 Consent MOTION for Extension of Time to File Answer with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
December 6, 2017 Filing 149 Consent MOTION for Leave to File Excess Pages with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
December 6, 2017 Filing 148 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Brief, #2 Exhibit, #3 Text of Proposed Order)(Cumby, Joshua)
December 4, 2017 Filing 147 MOTION for Extension of Time to File Answer re #79 Answer to Amended Complaint,, Counterclaim, by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
December 4, 2017 Filing 146 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Brief, #2 Exhibit 1 - FDA Letter, #3 Exhibit 2 - Marketed Unapproved Drugs Compliance Policy Guidance, #4 Text of Proposed Order)(Holladay, William)
November 22, 2017 Filing 145 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William)
November 22, 2017 Filing 144 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William)
November 20, 2017 Filing 143 CERTIFICATE OF SERVICE of Responses to Plaintiff's Requests for Admission by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
November 15, 2017 Opinion or Order Filing 142 ORDER granting #141 Motion for Extension of Time. OREDERED that Concordia Pharmaceuticals Inc., S.A.R.L.'s answer to Winder Laboratories, LLC, and Steven Pressman's Counterclaims is due on or before December 4, 2017, and it is further ORDERED that Winder Laboratories, LLC, and Steven Pressman's response to Concordia Pharmaceuticals Inc., S.A.R.L.'s Second Amended Complaint is due on or before December 6, 2017. Signed by Judge Richard W. Story on 11/15/2017. (dgr)
November 15, 2017 Filing 141 Joint MOTION for Extension of Time to Answer and Respond with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
November 8, 2017 Opinion or Order Filing 140 ORDER granting #138 Motion for Extension of Time to Complete Discovery. Fact and expert discovery in this matter shall be completed by February 9, 2018; expert disclosures for the party bearing the burden of proof shall be due December 15, 2017; and rebuttal expert disclosures shall be due January 12, 2018. Signed by Judge Richard W. Story on 11/08/2017. (rsg)
November 8, 2017 Opinion or Order Filing 139 ORDER that Plaintiffs #87 Partial Motion to Dismiss Defendants Counterclaims is DENIED as moot. Defendants #110 Motion to Amend Counterclaims is DENIED as moot. Plaintiff Concordia Pharmaceuticals Inc., S..R.L.s #115 Motion for Leave to File Second Amended Complaint is GRANTED. The Parties are further DIRECTED to comply with the Courts above ruling on the outstanding discovery disputes. Signed by Judge Richard W. Story on 11/08/2017.(rsg)
November 7, 2017 Filing 138 Joint MOTION for Extension of Time to Complete Discovery and to Modify the Scheduling Order with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
October 27, 2017 Filing 137 Request for Leave of Absence for the following date(s): January 2, 2018-January 5, 2018, January 12, 2018, January 15, 2018, March 30, 2018, May 20, 2018-June 1, 2018, by James William Cobb. (Cobb, James) Modified on 10/30/2017 (dgr).
October 25, 2017 Filing 136 Minute Entry for proceedings held before Judge Richard W. Story: Telephone Conference held on 10/25/2017 for the purpose of discussing discovery issues. Written order to follow. (Court Reporter Amanda Lohnaas)(sk)
October 24, 2017 Filing 135 CERTIFICATE OF SERVICE for Plaintiff's First Requests for Admission by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
October 24, 2017 Filing 134 CERTIFICATE OF SERVICE for Notice of Deposition of Tynesha Thurmond by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
October 24, 2017 NOTICE of TELECONFERENCE set for 10/25/2017 at 02:00 PM before Judge Richard W. Story. (sk)
October 23, 2017 Opinion or Order Filing 133 ORDER granting #132 Motion for Extension of Time to Complete Discovery. Discovery ends on 12/22/2017. Expert disclosures for the party bearing the burden of proof shall be due November 10, 2017; and rebuttal expert disclosures shall be due December 8, 2017. Signed by Judge Richard W. Story on 10/23/2017. (dgr)
October 17, 2017 Filing 132 Joint MOTION for Extension of Time to Complete Discovery and to Modify the Scheduling Order with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
October 16, 2017 Submission of #115 MOTION to Amend #61 Amended Complaint,, , to District Judge Richard W. Story. (rsg)
October 13, 2017 Opinion or Order Filing 131 ORDER granting #128 Application for Admission of James Thomas Wilcox Pro Hac Vice. Signed by Judge Richard W. Story on 10/12/2017. (dgr)
October 12, 2017 APPROVAL by Clerks Office re: #128 APPLICATION for Admission of James Thomas Wilcox Pro Hac Vice (Application fee $ 150, receipt number 113E-7427542). Attorney James Thomas Wilcox added appearing on behalf of Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L. (pmb)
October 11, 2017 Filing 130 REPLY BRIEF re #115 MOTION to Amend #61 Amended Complaint,, filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit)(Holladay, William)
October 5, 2017 Opinion or Order Filing 129 ORDER granting #127 Motion for Extension of Time to Reply to Winder's Opposition to Plaintiffs #115 MOTION to Amend #61 Amended Complaint is extended up to and including October 11, 2017. Signed by Judge Richard W. Story on 10/05/2017. (rsg)
October 5, 2017 Filing 128 APPLICATION for Admission of James Thomas Wilcox Pro Hac Vice (Application fee $ 150, receipt number 113E-7427542)by Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
October 5, 2017 Filing 127 Consent MOTION for Extension of Time File Reply re: #115 MOTION to Amend #61 Amended Complaint,, by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
September 27, 2017 Submission of #110 First MOTION to Amend Counterclaims, to District Judge Richard W. Story. (rsg)
September 21, 2017 Filing 126 REPLY to Response to Motion re #110 First MOTION to Amend Counterclaims filed by Steven Pressman, Winder Laboratories, LLC. (Cumby, Joshua)
September 21, 2017 Filing 125 RESPONSE in Opposition re #115 MOTION to Amend #61 Amended Complaint,, filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Affidavit of Joshua Cumby, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Cumby, Joshua)
September 13, 2017 Opinion or Order Filing 124 ORDER granting #123 Motion for Extension of Time. ORDERED that the deadline for Winder's response to Concordia's Motion for Leave to File Second Amended Complaint be and is EXTENDED to September 22, 2017. Signed by Judge Richard W. Story on 09/13/2017. (dgr)
September 11, 2017 Filing 123 Consent MOTION for Extension of Time to Respond to Plaintiff's Motion for Leave to File Second Amended Complaint with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
September 8, 2017 Filing 122 RESPONSE in Opposition re #110 First MOTION to Amend Counterclaims filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
September 6, 2017 Filing 121 CERTIFICATE OF SERVICE for Notice of Deposition of Napoleon Etienne by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
September 6, 2017 Filing 120 CERTIFICATE OF SERVICE for Notice of Deposition of Tynesha Thurmond by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
September 1, 2017 Filing 119 SEALED PER #118 ORDER NOTICE Of Filing Unredacted Exhibits, by Concordia Pharmaceuticals Inc., S.A.R.L. (Attachments: #1 Exhibit Unredacted Exhibits to Proposed Second Amended Complaint)(Holladay, William)
September 1, 2017 Opinion or Order Filing 118 ORDER granting #117 Motion for Leave to File Matters Under Seal. Signed by Judge Richard W. Story on 09/01/2017. (dgr)
August 31, 2017 Filing 117 MOTION for Leave to File Matters Under Seal re: #116 Notice of Filing,, with Brief In Support by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Holladay, William)
August 31, 2017 Filing 116 NOTICE Of Filing Exhibits to Proposed Second Amended Complaint Filed Provisionally under seal pursuant to Protective Order by Concordia Pharmaceuticals Inc., S.A.R.L. re #115 MOTION to Amend #61 Amended Complaint, (Attachments: #1 Exhibit Proposed Second Amended Complaint (with Exhibits G, H, I and K redacted), #2 Exhibit Proposed Second Amended Complaint (red-lined version) (with Exhibits G, H, I and K redacted))(Holladay, William) Modified on 9/1/2017 (dgr). Modified on 9/1/17 Sealed documents to be filed (rsg).
August 31, 2017 Filing 115 MOTION to Amend #61 Amended Complaint,, with Brief In Support by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Brief (redacted), #2 Exhibit Proposed Second Amended Complaint (with Exhibits G, H, I and K redacted), #3 Exhibit Proposed Second Amended Complaint (red-lined version) (with Exhibits G, H, I and K redacted))(Holladay, William)
August 30, 2017 Opinion or Order Filing 114 ORDER granting #113 Motion for Extension of Time. ORDERED that Concordia's Motion is GRANTED and Concordia's deadline to oppose Winder's First Motion to Amend its Counterclaims is extended up to and including September 8, 2017. Signed by Judge Richard W. Story on 08/30/2017. (dgr)
August 30, 2017 Filing 113 Consent MOTION for Extension of Time File Response re: #110 First MOTION to Amend Counterclaims by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
August 24, 2017 Opinion or Order Filing 112 ORDER granting #111 Motion for Extension of Time to Complete Discovery Discovery ends on 12/1/2017. ORDERED that the Scheduling Order is MODIFIED. Expert disclosures for the party bearing the burden of proof shall be due on October 20, 2017; and rebuttal expert disclosures shall be due November 17,2017. Signed by Judge Richard W. Story on 08/24/2017. (dgr)
August 24, 2017 Filing 111 Joint MOTION for Extension of Time to Complete Discovery and to Modify the Scheduling Order with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
August 16, 2017 Filing 110 First MOTION to Amend Counterclaims with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Brief, #2 Exhibit 1 to Motion, #3 Exhibit 2 to Motion, #4 Text of Proposed Order, #5 Exhibit 8 to Counterclaims, #6 Exhibit 9 to Counterclaims, #7 Exhibit 10 to Counterclaims, #8 Exhibit 11 to Counterclaims, #9 Exhibit 12 to Counterclaims, #10 Exhibit 13 to Counterclaims, #11 Exhibit 14 to Counterclaims, #12 Exhibit 15 to Counterclaims, #13 Exhibit 16 to Counterclaims, #14 Exhibit 17 to Counterclaims, #15 Exhibit 18 to Counterclaims, #16 Exhibit 19 to Counterclaims, #17 Exhibit 20 to Counterclaims, #18 Exhibit 21 to Counterclaims, #19 Exhibit 22 to Counterclaims, #20 Exhibit 23 to Counterclaims)(Cumby, Joshua)
August 4, 2017 Filing 109 CERTIFICATE OF SERVICE for Response to Winder's Second Set of Requests for Documents by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
August 4, 2017 Filing 108 CERTIFICATE OF SERVICE for Response to Winder's First Set of Interrogatories by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
August 3, 2017 Filing 107 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William)
July 27, 2017 Filing 106 NOTICE by Steven Pressman, Winder Laboratories, LLC of Subpoena (Cumby, Joshua)
July 25, 2017 Filing 105 Notice for Leave of Absence for the following date(s): September 27, 2017- September 29, 2017, February 19, 2018-February 23, 2018, April 2, 2018-April 6, 2018, by James William Cobb. (Cobb, James)
July 12, 2017 Opinion or Order Filing 104 PROTECTIVE ORDER (See Order for Specifics). Signed by Judge Richard W. Story on 07/12/17. (Attachments: #1 Exhibit A) (rsg)
July 6, 2017 Filing 103 Notice for Leave of Absence for the following date(s): July 21, 2017, September 15, 2017, September 18, 2017 - September 22, 2017, November 20, 2017 - November 24, 2017, December 18, 2017 - December 29, 2017, by James William Cobb. (Cobb, James)
July 5, 2017 Filing 102 CERTIFICATE OF SERVICE of Winder's First Interrogatories and Second Requests for Production of Documents by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
July 5, 2017 Filing 101 PROPOSED CONSENT ORDER re: #100 Joint MOTION for Protective Order . (Attachments: #1 Exhibit Agreement to be Bound by Protective Order)(Holladay, William)
June 30, 2017 Filing 100 Joint MOTION for Protective Order by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Proposed Stipulated Protective Order)(Holladay, William)
June 12, 2017 Filing 99 CERTIFICATE OF SERVICE of Concordia's Response and Objections to Winder's First Set of Requests for Production of Documents by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
June 12, 2017 Filing 98 CERTIFICATE OF SERVICE of Winder's Responses to Plaintiff's Second Set of Requests for Production of Documents and Things by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
June 2, 2017 Submission of #87 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Richard W. Story. (rsg)
May 31, 2017 Filing 97 REPLY BRIEF re #87 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit FDA Guidance)(Holladay, William)
May 18, 2017 Opinion or Order Filing 96 ORDER granting #88 Motion for Extension of Time to Answer re #79 Counterclaim. Concordia may file its Answer to Defendants and Counterclaim Plaintiffs Winder Laboratories, LLC and Steven Pressman's Answer to First Amended Complaint and Counterclaims, no later than ten (10) days after an order is issued in regard to Concordia's pending Partial Motion to Dismiss. Signed by Judge Richard W. Story on 05/18/17. (rsg)
May 17, 2017 Filing 95 RESPONSE in Opposition re #87 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit)(Cumby, Joshua)
May 17, 2017 Filing 94 CERTIFICATE OF SERVICE of Plaintiff and Counterclaim Defendants Supplemental Rule 26(a)(1) Initial Disclosures by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
May 17, 2017 Filing 93 REPLY BRIEF re #88 MOTION for Extension of Time to File Answer re #79 Answer to Amended Complaint, Counterclaim,, filed by Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
May 17, 2017 Submission of #88 MOTION for Extension of Time to File Answer re #79 Answer to Amended Complaint, Counterclaim, to District Judge Richard W. Story. (rsg)
May 15, 2017 Filing 92 CERTIFICATE OF SERVICE of Plaintiffs Second Set of Requests for Production of Documents and Things by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
May 12, 2017 Filing 91 CERTIFICATE OF SERVICE of Winder's First Requests for Production of Documents by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua)
May 8, 2017 Filing 90 RESPONSE in Opposition re #88 MOTION for Extension of Time to File Answer re #79 Answer to Amended Complaint, Counterclaim,, filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cumby, Joshua)
May 8, 2017 Opinion or Order Filing 89 SCHEDULING ORDER approving the #83 Joint Preliminary Report and Discovery Plan. Discovery ends on 10/27/2017. Signed by Judge William C. O'Kelley on 05/08/2017. (rsg)
May 3, 2017 Filing 88 MOTION for Extension of Time to File Answer re #79 Answer to Amended Complaint, Counterclaim,, by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
May 3, 2017 Filing 87 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Holladay, William)
May 1, 2017 Filing 86 Amended JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Steven Pressman, Winder Laboratories, LLC. (Cumby, Joshua)
April 28, 2017 Filing 85 CERTIFICATE OF SERVICE of Defendants and Counterclaim Plaintiffs Winder Laboratories, LLC, and Steven Pressman's Initial Disclosures by Steven Pressman, Winder Laboratories, LLC.(Cobb, James)
April 28, 2017 Filing 84 CERTIFICATE OF SERVICE filed by Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L. for Initial Disclosures (Holladay, William)
April 28, 2017 Filing 83 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
April 18, 2017 Opinion or Order Filing 82 ORDER granting #80 Motion for Extension of Time to Answer re #79 Answer to Amended Complaint, Counterclaim, Concordia Pharmaceuticals Inc., S.A.R.L. Answer due 5/3/2017. Signed by Judge Richard W. Story on 04/18/2017. (rsg)
April 17, 2017 Filing 81 PROPOSED CONSENT ORDER re: #80 Consent MOTION for Extension of Time to File Answer re #79 Answer to Amended Complaint, Counterclaim,, . (Holladay, William)
April 17, 2017 Filing 80 Consent MOTION for Extension of Time to File Answer re #79 Answer to Amended Complaint, Counterclaim,, by Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
March 29, 2017 Filing 79 Defendants' and Counterclaim Plaintiffs' ANSWER to #61 Amended Complaint ( Discovery ends on 8/28/2017.), COUNTERCLAIM against Concordia Pharmaceuticals Inc., S.A.R.L. with Jury Demand by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Cumby, Joshua) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
March 15, 2017 Opinion or Order Filing 78 ORDER that Plaintiffs #72 Motion to Submit Supplemental Authority in Support of Its Opposition to Defendants Motion to Dismiss is GRANTED and Plaintiffs #76 Motion to Submit March 2, 2017 Authority in Support of Its Opposition to Defendants Motion to Dismiss is DENIED. Defendants Winder Laboratories, LLC and Steven Pressmans #67 Motion to Dismiss is GRANTED with prejudice as to Count I; DENIED as to Count II; DENIED as to Count III; DENIED in part and GRANTED with prejudice in part as to Count IV; GRANTED with prejudice as to Count V; DENIED in part and GRANTED with prejudice in part as to Count VI; DENIED as to Count VII; and GRANTED as to Count VIII. Signed by Judge Richard W. Story on 03/15/2017. (rsg)
March 14, 2017 Filing 77 RESPONSE in Opposition re #76 MOTION for Leave to File Proposed Supplemental Authority filed by Steven Pressman, Winder Laboratories, LLC. (Cumby, Joshua)
March 6, 2017 Filing 76 MOTION for Leave to File Proposed Supplemental Authority by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Proposed Supplemental Authority)(Holladay, William)
March 1, 2017 Filing 75 Request for Leave of Absence for the following date(s): May 31, 2017 - June 9, 2017, by James William Cobb. (Cobb, James)
March 1, 2017 Filing 74 NOTICE of Change of Address for Joshua Counts Cumby, counsel for Steven Pressman, Winder Laboratories, LLC (Cumby, Joshua)
February 28, 2017 Submission of #72 MOTION for Leave to File Supplemental Brief, to District Judge Richard W. Story. (rsg)
February 10, 2017 Filing 73 RESPONSE re #72 MOTION for Leave to File Supplemental Brief filed by Steven Pressman, Winder Laboratories, LLC. (Cobb, James)
January 30, 2017 Filing 72 MOTION for Leave to File Supplemental Brief by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Proposed Supplemental Brief)(Holladay, William)
May 26, 2016 Filing 71 REPLY BRIEF re #67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Pressman, Winder Laboratories, LLC. (Cobb, James)
May 26, 2016 Filing 70 REPLY BRIEF re #67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Pressman, Winder Laboratories, LLC. (Waddell, Timothy)
May 24, 2016 Submission of #67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge Richard W. Story. (sk)
May 9, 2016 Filing 69 RESPONSE in Opposition re #67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Judgment against Method Pharmaceuticals, LLC and Matthew Scott Tucker in Concordia Pharms. Inc. v. Method Pharms, LLC et al., No. 3:14-cv-16, 2016 WL 1271082 at *8 (W.D. Va. Mar. 29, 2016))(Holladay, William)
April 25, 2016 Opinion or Order Filing 68 ORDER that the #66 Motion for Leave to File Excess Pages is GRANTED, and it is further ORDERED that the Defendants shall be permitted to file a brief in support of their Motion to Dismiss Plaintiffs First Amended Complaint not to exceed 30 pages in length. Signed by Judge Richard W. Story on 4/25/16. (rsg)
April 22, 2016 Filing 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Brief in support of Motion to Dismiss First Amended Complaint, #2 Exhibit A to brief in support of Motion to Dismiss, #3 Text of Proposed Order)(Cobb, James)
April 22, 2016 Filing 66 Consent MOTION for Leave to File Excess Pages by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Proposed Order)(Cobb, James)
April 11, 2016 Opinion or Order Filing 65 ORDER granting #64 Motion for Extension of Time through 04/22/16 for Defendants to file their pleading in response re #61 Amended Complaint. Signed by Judge Richard W. Story on 04/11/16. (sk)
April 8, 2016 Filing 64 Consent MOTION for Extension of Time to Respond to Plaintiff's First Amended Complaint re: #61 Amended Complaint,, by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Waddell, Timothy)
April 7, 2016 Opinion or Order Filing 63 ORDER denying #39 Motion for Preliminary Injunction. Signed by Judge Richard W. Story on 04/07/2016. (rsg)
March 28, 2016 Filing 62 RESPONSE in Opposition re #39 Emergency MOTION for Preliminary Injunction Supplemental filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1 - Reisetter (excerpts), #2 Exhibit 2 - Kinsey Excerpts, #3 Exhibit 3 - Concordia Letters, #4 Exhibit 4 - Letter to L. Smith, #5 Exhibit 5 - 40 Fed Reg 52644-49 (1975), #6 Exhibit 6 - Donnatal IMS Data Charts, #7 Exhibit 7 - 21 CFR 201.80, 201.56, #8 Exhibit 8 - Xifaxan Advertisement Details)(Cobb, James)
March 25, 2016 Submission of #39 Emergency MOTION for Preliminary Injunction , submitted to District Judge Richard W. Story. (sk)
March 24, 2016 Filing 61 First AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit A - DONNATAL Certificate of Registration, #2 Exhibit B - B-DONNA Certificate of Registration, #3 Exhibit C - B-DONNA MediSpan Listing, #4 Exhibit D - Formulary with B-DONNA, #5 Exhibit E - Phenohytro MediSpan Listing, #6 Exhibit F - Phenohytro DailyMed Listing)(Holladay, William) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.
March 22, 2016 Filing 60 REPLY BRIEF re #39 Emergency MOTION for Preliminary Injunction filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Kinsey Deposition, #2 Exhibit Hearing Transcript, #3 Exhibit Orange Book Preface, #4 Exhibit Business Acquisition Report, #5 Exhibit Asset Purchase and Sale Agreement, #6 Exhibit Hullet Declaration, #7 Exhibit Letter from Venable, #8 Exhibit Federal Register Notice, May 6, 1983, #9 Exhibit MediSpan Listing, #10 Exhibit Reisetter Deposition, #11 Exhibit B-Donna Product Insert and Label, #12 Exhibit Phenohytro Product Insert and Label, #13 Exhibit Federal Register Notice, July 24, 2012, #14 Exhibit Donnatal Marketing Materials)(Holladay, William)
March 18, 2016 Filing 59 TRANSCRIPT of Proceedings held on 03/16/16, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/8/2016. Redacted Transcript Deadline set for 4/18/2016. Release of Transcript Restriction set for 6/16/2016. (Attachments: #1 Notice of Filing Official Transcript) (sk)
March 17, 2016 Opinion or Order Filing 58 ORDER granting #35 Motion for Leave to File Excess Pages; granting #38 Motion to Supplement, Plaintiff is ORDERED to file an Amended Complaint within 7 days. Defendants are ORDERED to file a responsive pleading in accordance with the deadlines provided by the Federal Rules of Civil Procedure; dismissing as moot #12 Motion to Dismiss for Failure to State a Claim and #32 Motion to Dismiss for Failure to State a Claim. Plaintiff's #7 Motion for Preliminary Injunction is DISMISSED as moot. Signed by Judge Richard W. Story on 3/17/16. (rsg) Modified on 3/18/2016 (sk).
March 17, 2016 Opinion or Order Filing 57 ORDER granting #37 Motion for Leave to File Matters Under Seal. IT IS HEREBY ORDERED that Dkt. No. 36-3 be sealed, and Plaintiff be permitted to substitute Dkt. No. 36-3 with the aforementioned redacted version of Exhibit 3. Signed by Judge Richard W. Story on 03/17/16. (sk)
March 17, 2016 Opinion or Order Filing 56 ORDER granting #6 Motion for Leave to File Excess Pages. Plaintiff may have an additional two (2) pages in its Memorandum in support of Motion for Preliminary Injunction. Signed by Judge Richard W. Story on 03/17/16. (sk)
March 17, 2016 Opinion or Order Filing 55 ORDER granting #50 Motion for Leave to File Excess Pages. Plaintiff may have an additional seven (7) pages in its Reply in support of Emergency Motion for Preliminary Injunction. Signed by Judge Richard W. Story on 03/17/16. (sk)
March 17, 2016 Opinion or Order Filing 54 ORDER granting #8 Motion for Leave to File Matters Under Seal. Plaintiff's Motion is GRANTED and IT IS HEREBY ORDERED that Plaintiff be permitted to file the the un-redacted version of Exhibit 4 to Plaintiff's Memorandum in Support of Its Motion for Preliminary Injunction #7 under seal. Signed by Judge Richard W. Story on 03/17/16. (sk) Modified on 3/17/2016 to correct docket text to show proper motion (sk).
March 17, 2016 Filing 53 Minute Entry for proceedings held before Judge Richard W. Story: taking under advisement #39 Motion for Preliminary Injunction; Motion Hearing held on 3/17/2016 re #39 Emergency MOTION for Preliminary Injunction filed by Concordia Pharmaceuticals Inc., S.A.R.L.. Parties to file additional briefs. (Court Reporter Amanda Lohnaas)(rsg)
March 16, 2016 Opinion or Order Filing 52 Court Notice Of Filing: Standing Order by Judge Richard W. Story. (rag)
March 15, 2016 Filing 51 NOTICE Of Filing Motion for Permission to File Documents Under Seal by Concordia Pharmaceuticals Inc., S.A.R.L. re #49 Reply Brief,, (Holladay, William)
March 15, 2016 Filing 50 MOTION for Leave to File Excess Pages for Reply in Support of Emergency Motion for Preliminary Injunction by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
March 15, 2016 Filing 49 REPLY BRIEF re #39 Emergency MOTION for Preliminary Injunction filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Holladay, William) Modified on 3/16/2016 to remove duplicative wording (sk).
March 15, 2016 Opinion or Order Filing 48 ORDER FOR USE OF ELECTRONIC EQUIPMENT: Counsel for defendants may bring and use laptop computers, tablet computers, cell phones (including smart phones), and any accessories for use of these devices during the hearing. The equipment shall be brought to the courthouse prior to the commencement of hearing and shall be subject to inspection. Signed by Judge Richard W. Story on 3/15/2016. (rsg)
March 15, 2016 Opinion or Order Filing 47 ORDER FOR USE OF ELECTRONIC EQUIPMENT: Counsel may bring and use laptop computers, tablet computers, cell phones (including smart phones), and any accessories for use of these devices during the hearing. The equipment shall be brought to the courthouse prior to the commencement of the hearing and shall be subject to inspection. Signed by Judge Richard W. Story on 3/15/2016. (rsg)
March 15, 2016 Opinion or Order Filing 46 ORDER REASSIGNING CASE. Case reassigned to Judge Richard W. Story for all further proceedings. Judge William C. O'Kelley no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 2:16-cv-00004-RWS. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge William C. O'Kelley on 3/15/2016. (rsg)
March 15, 2016 Submission of #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge Richard W. Story. (rsg)
March 14, 2016 Filing 45 REPLY to Response to Motion re #38 MOTION to Supplement #1 Complaint, filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Holladay, William)
March 14, 2016 Submission of #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge William C. O'Kelley. (sk)
March 11, 2016 Filing 44 RESPONSE in Opposition re #39 Emergency MOTION for Preliminary Injunction filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1 - Pressman Declaration, #2 Text of Proposed Order)(Cobb, James)
March 11, 2016 Filing 43 RESPONSE in Opposition re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
March 11, 2016 Filing 42 RESPONSE in Opposition re #38 MOTION to Supplement #1 Complaint, filed by Steven Pressman, Winder Laboratories, LLC. (Cobb, James)
March 11, 2016 Filing 41 REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Pressman, Winder Laboratories, LLC. (Cobb, James)
March 11, 2016 Opinion or Order DOCKET ORDER GRANTING #40 Plaintiff's Motion to Withdraw Request for Preliminary Relief Related to B-Donna and Joint Motion to Set Deadlines for the March 16, 2016 Hearing as follows: 1) Defendant's opposition to the Plaintiff's emergency motion for preliminary injunction #39 is due on or before March 11, 2016, and Plaintiff's reply thereto is due on or before March 15; 2) Plaintiff need not file a reply to Defendants' opposition #36 to Plaintiff's motion for preliminary injunction; 3) Plaintiff's motion for preliminary injunction #7 is considered moot as it relates to B-Donna, but will be considered as it relates to Plaintiff's emergency motion #39 ; 4) Defendants' deadline to reply to Plaintiff's opposition to Defendants' motion to dismiss #12 is extended to March 11, 2016 at noon; 5) Defendants' deadline to oppose Plaintiff's motion to file a supplemental complaint shall be March 11, 2016 at noon; 6) Plaintiff's deadline to reply to Defendants' opposition to Plaintiff's motion to file a supplenental complaint shall be March 14, 2016, at 3:00 pm. Entered by Judge William C. O'Kelley on 03/10/2016. (dww)
March 9, 2016 Filing 40 Joint MOTION for Order Setting Deadlines for March 16, 2016 Hearing and Plaintiff's Motion to Withdraw Request for Preliminary Relief Relating to B-DONNA by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
March 6, 2016 Filing 39 Emergency MOTION for Preliminary Injunction by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit 1 - Medi-Span Listing for PHENOHYTRO, #2 Exhibit 2 - PHENOHYTRO Product Insert on Dailymed, #3 Exhibit 3 - Survey Results for Research Conducted by Brian C. Reisetter)(Holladay, William)
March 6, 2016 Filing 38 MOTION to Supplement #1 Complaint, by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit 1 - Proposed Supplemental Complaint, #2 Exhibit 2 - Exhibits to Proposed Supplemental Complaint, #3 Text of Proposed Order)(Holladay, William)
February 29, 2016 Filing 37 MOTION for Leave to File Matters Under Seal re: #36 Response in Opposition to Motion by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Proposed Redacted Exhibit, #2 Text of Proposed Order)(Holladay, William)
February 26, 2016 Filing 36 RESPONSE in Opposition re #7 MOTION for Preliminary Injunction filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 SEALED Exhibit 3)(Cobb, James) (Additional attachment(s) added on 3/17/2016: #4 Redacted Version of Exhibit 3) (sk). Modified on 3/17/2016 to add redacted version of exhibit pursuant to #57 Order (sk).
February 26, 2016 Filing 35 MOTION for Leave to File Excess Pages for Brief in Response to Motion for a Preliminary Injunction by Steven Pressman, Winder Laboratories, LLC. (Cobb, James)
February 26, 2016 Filing 34 RESPONSE in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
February 26, 2016 Filing 33 CERTIFICATE OF SERVICE of Winder Laboratories, LLC's and Steven Pressman's Objections and Responses to Concordia Pharmaceuticals's First Set of Requests for Production by Steven Pressman, Winder Laboratories, LLC.(Cobb, James)
February 26, 2016 Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Steven Pressman. (Cobb, James)
February 26, 2016 Filing 31 NOTICE of Appearance by James William Cobb on behalf of Steven Pressman (Cobb, James)
February 24, 2016 Filing 30 CERTIFICATE OF SERVICE of Discovery by Winder Laboratories, LLC.(Cobb, James)
February 22, 2016 Opinion or Order Filing 29 ORDER granting #18 Application for Admission Pro Hac Vice of Roger Anthony Colaizzi. Signed by Judge William C. O'Kelley on 02/22/16. (sk)
February 22, 2016 Opinion or Order Filing 28 ORDER granting #17 Application for Admission Pro Hac Vice of Joshua Counts Cumby. Signed by Judge William C. O'Kelley on 02/22/16. (sk)
February 22, 2016 Opinion or Order Filing 27 ORDER granting #16 Application for Admission Pro Hac Vice of David Glen Adams. Signed by Judge William C. O'Kelley on 02/22/16. (sk)
February 19, 2016 Filing 26 CERTIFICATE OF SERVICE for Plaintiff's First Set of Requests for Production of Documents and Things by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
February 18, 2016 APPROVAL by Clerks Office re: #16 APPLICATION for Admission of David Glen Adams Pro Hac Vice (Application fee $ 150, receipt number 113E-6271711). Attorney David Glen Adams added appearing on behalf of Winder Laboratories, LLC (pb)
February 18, 2016 APPROVAL by Clerks Office re: #18 APPLICATION for Admission of Roger Anthony Colaizzi Pro Hac Vice (Application fee $ 150, receipt number 113E-6272063). Attorney Roger Anthony Colaizzi added appearing on behalf of Winder Laboratories, LLC (pb)
February 18, 2016 APPROVAL by Clerks Office re: #17 APPLICATION for Admission of Joshua Counts Cumby Pro Hac Vice (Application fee $ 150, receipt number 113E-6271723). Attorney Joshua Counts Cumby added appearing on behalf of Winder Laboratories, LLC (pb)
February 17, 2016 Opinion or Order Filing 25 ORDER granting #24 Motion to Amend Briefing Schedule and Continue Rule 26(f) Conference. It is ORDERED that the parties shall file their respective oppositions to Plaintiff Concordia Pharmaceuticals Inc., S.A.R.L. 's motion for a preliminary injunction and Defendant Winder Laboratories, LLC' s motion to dismiss on or before February 26, 2016, and it is further ORDERED that the deadline for the parties' conference under Federal Rule of Civil Procedure 26(f) and Local Rule 16.l be and is CONTINUED pending further order of the court. Signed by Judge William C. O'Kelley on 02/07/16. (sk)
February 16, 2016 Filing 24 Joint MOTION to Amend Briefing Schedule and Continue Rule 26(f) Conference by Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Waddell, Timothy)
February 15, 2016 Filing 23 CERTIFICATE OF SERVICE for Plaintiff's Responses to Defendant's First Set of Requests for Production of Documents Relating to Preliminary Injunction Motion by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William)
February 9, 2016 Opinion or Order Filing 22 ORDER granting #15 Motion to Defer Ruling on Motion; granting #15 Motion for Discovery; granting #20 Motion to Amend. The court rules that the parties may proceed immediately with discovery. The parties shall file their respective oppositions to the motion for preliminary injunction and the motion to dismiss on or before February 24, 2016, and any replies thereto on or before March 9, 2016. To consider all other motions pending, the court will conduct a hearing on Wednesday, March 16, 2016, at 9:30 a.m. in the Third Floor Courtroom of the United States District Court, Northern District of Georgia, Gainesville Division. Signed by Judge William C. O'Kelley on 02/09/16. (sk) Modified on 2/9/2016 (sk).
February 9, 2016 Opinion or Order ORDER Setting Hearing on Motion #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #8 MOTION for Leave to File Matters Under Seal re: #7 MOTION for Preliminary Injunction , #6 MOTION for Leave to File Excess Pages for Brief in Support of Motion for Preliminary Injunction, #7 MOTION for Preliminary Injunction : Motion Hearing set for 3/16/2016 at 09:30 AM in GAIN Courtroom 303 before Judge William C. O'Kelley. Entered by Judge William C. O'Kelley on 02/09/16. (See #22 Order)(sk)
February 8, 2016 Filing 21 CERTIFICATE OF SERVICE of Discovery by Winder Laboratories, LLC.(Cobb, James)
February 8, 2016 Filing 20 Joint MOTION to Amend Briefing Schedule by Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James)
February 4, 2016 Filing 19 Minute Entry for proceedings held before Judge William C. O'Kelley: taking under advisement #15 Motion to Defer Ruling on Motion; taking under advisement #15 Motion for Discovery; Telephone Conference held on 2/4/2016. Written order to follow. (Court Reporter David Ritchie)(sk)
February 4, 2016 Filing 18 APPLICATION for Admission of Roger Anthony Colaizzi Pro Hac Vice (Application fee $ 150, receipt number 113E-6272063)by Winder Laboratories, LLC. (Cobb, James)
February 4, 2016 Filing 17 APPLICATION for Admission of Joshua Counts Cumby Pro Hac Vice (Application fee $ 150, receipt number 113E-6271723)by Winder Laboratories, LLC. (Cobb, James)
February 4, 2016 Filing 16 APPLICATION for Admission of David Glen Adams Pro Hac Vice (Application fee $ 150, receipt number 113E-6271711)by Winder Laboratories, LLC. (Cobb, James)
February 3, 2016 Filing 15 Emergency MOTION to Defer Ruling re: #7 MOTION for Preliminary Injunction or Set Briefing Schedule and Allow Expedited Discovery, MOTION for Discovery with Brief In Support by Winder Laboratories, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Cobb, James)
February 3, 2016 Opinion or Order Filing 14 ORDER granting #5 Application for Admission Pro Hac Vice of S. Lloyd Smith. Signed by Judge William C. O'Kelley on 02/03/16. (sk)
February 2, 2016 APPROVAL by Clerks Office re: #5 APPLICATION for Admission of S. Lloyd Smith Pro Hac Vice (Application fee $ 150, receipt number 113E-6239941). Attorney Scott Lloyd Smith added appearing on behalf of Concordia Pharmaceuticals Inc., S.A.R.L. (pb)
January 28, 2016 Filing 13 Certificate of Interested Persons by Winder Laboratories, LLC. (Cobb, James)
January 28, 2016 Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Winder Laboratories, LLC. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Exhibit Winder's Exhibit 1, #3 Text of Proposed Order)(Cobb, James)
January 28, 2016 Filing 11 NOTICE of Appearance by Timothy Brandon Waddell on behalf of Winder Laboratories, LLC (Waddell, Timothy)
January 28, 2016 Filing 10 NOTICE of Appearance by James William Cobb on behalf of Winder Laboratories, LLC (Cobb, James)
January 26, 2016 Filing 9 Certificate of Interested Persons and Corporate Disclosure Statement by Concordia Pharmaceuticals Inc., S.A.R.L. identifying Corporate Parent Concordia Healthcare Corp., Other Affiliate Concordia Healthcare USA, Inc. for Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
January 26, 2016 Filing 8 MOTION for Leave to File Matters Under Seal re: #7 MOTION for Preliminary Injunction by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
January 25, 2016 Filing 7 MOTION for Preliminary Injunction with Brief In Support by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Brief in Support of Motion for Preliminary Injunction, #2 Exhibit 1 DONNATAL Label and Product Insert, #3 Exhibit 2 B-DONNA Label and Product Insert, #4 Exhibit 3 Declaration of Brian Reisetter, #5 Exhibit 4 Declaration of Aaron Hullett and Attachments thereto, #6 Exhibit 5 Certificate of Registration for B-DONNA, #7 Exhibit 6 B-DONNA Statement of Use, #8 Exhibit 7 Medi-Span Listings, #9 Text of Proposed Order)(Holladay, William)
January 25, 2016 Filing 6 MOTION for Leave to File Excess Pages for Brief in Support of Motion for Preliminary Injunction by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William)
January 19, 2016 Filing 5 APPLICATION for Admission of S. Lloyd Smith Pro Hac Vice (Application fee $ 150, receipt number 113E-6239941)by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William)
January 7, 2016 Filing 4 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Smith, Allera and Sullivan for Concordia Pharmaceuticals. Clerk to follow-up by 2/8/2016. (rsg) (Attachments: #1 Letter to Allera, #2 Letter to Sullivan) (rsg)
January 7, 2016 Filing 3 AO Form 120 forwarded to Commissioner. (rsg)
January 7, 2016 Filing 2 Electronic Summons Issued as to Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Summons)(rsg)
January 6, 2016 Filing 1 COMPLAINT, filed by Concordia Pharmaceuticals Inc., S.A.R.L.. ( Filing fee $ 400.00 receipt number 113E-6222473.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(rsg) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.

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Search for this case: Concordia Pharmaceuticals Inc., S.A.R.L. v. Winder Laboratories, LLC et al
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Defendant: Winder Laboratories, LLC
Represented By: Christopher S. Crook
Represented By: Roger Anthony Colaizzi
Represented By: Kristin M. Adams
Represented By: David Glen Adams
Represented By: Vincent Edward Verrocchio
Represented By: Timothy Brandon Waddell
Represented By: James William Cobb
Represented By: Joshua Counts Cumby
Represented By: Michael A. Munoz
Represented By: William C. Lawrence
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Defendant: Steven Pressman
Represented By: Christopher S. Crook
Represented By: Roger Anthony Colaizzi
Represented By: Kristin M. Adams
Represented By: Timothy Brandon Waddell
Represented By: James William Cobb
Represented By: Joshua Counts Cumby
Represented By: Michael A. Munoz
Represented By: William C. Lawrence
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Plaintiff: Concordia Pharmaceuticals Inc., S.A.R.L.
Represented By: Michael Vincent O'Shaughnessy
Represented By: William Brian Holladay
Represented By: Scott Lloyd Smith
Represented By: James Thomas Wilcox
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Material witness: First DataBank, Inc.
Represented By: Ravi V. Sitwala
Represented By: Caroline Johnson Tanner
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