Concordia Pharmaceuticals Inc., S.A.R.L. v. Winder Laboratories, LLC et al
| Concordia Pharmaceuticals Inc., S.A.R.L. |
| Winder Laboratories, LLC and Steven Pressman |
| First DataBank, Inc. |
| 2:2016cv00004 |
| January 6, 2016 |
| US District Court for the Northern District of Georgia |
| Gainesville Office |
| XX Outside US |
| Richard W Story |
| Trademark |
| 15 U.S.C. § 1125 a False representation-goods sold-interstate commer |
| Both |
Docket Report
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| Filing 473 AO Form 120 forwarded to Commissioner. (ddm) |
| Clerk's Entry of Dismissal APPROVING the parties' #472 Joint Stipulation of Dismissal With Prejudice of all claims and counterclaims pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii), with each party bearing its own attorneys' fees and costs. (ddm) |
| Civil Case Terminated. (ddm) |
| Filing 472 STIPULATION of Dismissal Notice of Joint Stipulation of Dismissal with Prejudice by Steven Pressman, Winder Laboratories, LLC. (Cobb, James) |
Filing 471
ORDER granting #470 Joint Motion to Stay. IT IS ORDERED that all proceedings in this matter are STAYED pending the memorialization and effectuation of the parties' settlement. The parties and their counsel are relieved of their obligation to appear on February 22, 2022. Signed by Judge Richard W. Story on 02/22/2022. (sk)
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| Filing 470 Joint MOTION to Stay Pending Effectuation of Settlement by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
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Filing 469
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM. Steven Pressman, James W. Cobb, T. Brandon Waddell, Sarah Brewerton-Palmer, Roger A. Colaizzi, Vincent E. Verrocchio, Kristin Koger, William C. Lawrence, Emily Tifft, Jana Gibson, Bruce Dobinsky, Sandra Kinsey and Jawaid Hamid shall be permitted to bring electronic devices in to the courthouse for the duration of the trial set to begin on February 22, 2022. Signed by Judge Richard W. Story on 02/18/2022. (ddm)
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| Filing 468 NOTICE Of Filing Counterclaim Defendants' Proposed Verdict Form by Concordia Pharmaceuticals Inc., S.A.R.L. (Attachments: #1 Defendants' Proposed Verdict Form)(Holladay, William) |
| Filing 467 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom for Trial by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
| Filing 466 NOTICE Of Filing Counterclaim Plaintiffs' Proposed Verdict Form by Steven Pressman, Winder Laboratories, LLC (Attachments: #1 Counterclaim Plaintiffs' Proposed Verdict Form)(Cobb, James) |
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Filing 465
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 2/18/2022 at 2:00 p.m. for courtroom equipment testing and set-up by Winder Laboratories, LLC. Signed by Judge Richard W. Story on 2/15/2022. (sk)
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Filing 464
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 02/17/2022 at 1:30 p.m. for the purpose of technology testing and beginning on 2/22/2022 at 9:30 a.m. and continuing until the conclusion of jury trial. Signed by Judge Richard W. Story on 02/15/2022. (sk)
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| Filing 463 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom for February 18, 2022 Trial Setup and Courtroom Equipment Testing by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
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Filing 462
ORDER approving #458 Application for Admission Pro Hac Vice of Lauren Virginia Humphries. Signed by Judge Richard W. Story on 02/15/2022. (sk)
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| Filing 461 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William) |
| RETURN of #457 APPLICATION for Admission of Christopher B. Henry Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11577560). to attorney for correction re: admitted courts. (gas) |
| APPROVAL by Clerks Office re: #458 APPLICATION for Admission of Lauren V. Humphries Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11577599).. Attorney Lauren Virginia Humphries added appearing on behalf of Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L., Concordia Pharmaceuticals Inc., S.A.R.L. (gas) |
| Clerk's Certificate of Mailing as to Lauren Virginia Humphries forConcordia Pharmaceuticals Inc., S.A.R.L. re #462 Order on Application for Admission PHV. (sk) |
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Filing 459
ORDER granting in part and denying in part Counter-Defendants Concordia Pharmaceuticals Inc., S..R.L., Concordia Pharmaceuticals (US) Inc., and Advanz Pharma Corp.'s Motions in Limine [Dkt. 391, 392, 393, 394, 395, 396, 447, 448]. Counter-Claimants Winder Laboratories, LLC and Steven Pressman's Motions in Limine [Dkt. 398, 399, 400, 401, 402, 403, 404] are also granted in part and denied in part. Signed by Judge Richard W. Story on 02/08/2022. (ddm)
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| Filing 458 APPLICATION for Admission of Lauren V. Humphries Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11577599).by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 457 APPLICATION for Admission of Christopher B. Henry Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11577560).by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 456
ORDER granting #416 Concordia Pharmaceuticals, Inc., S.A.R.L.'s Motion for Leave to File Matters Under Seal. Signed by Judge Richard W. Story on 02/08/2022. (ddm)
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| Submission of 447 MOTION in Limine Alleged Advice Counsel Concerning Phenohytro, 448 MOTION in Limine To Exclude Testimony of Bruce Dubinsky, to District Judge Richard W. Story. (sk) |
| Filing 455 Minute Entry for proceedings held before Judge Richard W. Story: Pretrial Conference held on 2/7/2022. Written order to follow on pending motions. Jury Trial scheduled for 2/22/2022. (Court Reporter Shannon Welch)(sk) |
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Filing 454
ORDER granting Concordia's #453 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 2/7/22 at 9:30a.m.. Signed by Judge Richard W. Story on 02/04/2022. (rsg)
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| Filing 453 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William) |
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Filing 452
ORDER granting #451 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 2/7/22 at 9:30 as to Winder's Counsel. Signed by Judge Richard W. Story on 02/04/2022. (rsg)
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| Filing 451 Amended Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom for February 7, 2022 Pretrial Conference Hearing by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
| Filing 450 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom for February 7, 2022 Pretrial Conference Hearing by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
| Filing 449 NOTICE of Appearance by Sarah Brewerton-Palmer on behalf of Steven Pressman, Winder Laboratories, LLC (Brewerton-Palmer, Sarah) |
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Filing 446
ORDER approving #445 Application for Admission Pro Hac Vice of Kristin M. Koger for defendants. Signed by Judge Richard W. Story on 01/14/2022. (sk)
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| APPROVAL by Clerks Office re: #445 APPLICATION for Admission of Kristin M. Koger Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11508882).. Attorney Kristin M. Koger 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) |
| Clerk's Certificate of Mailing as to Attorney Kristin M. Koger for Steven Pressman, Winder Laboratories, LLC re #446 Order on Application for Admission PHV. (sk) |
| NOTICE of Hearing: Pretrial Conference RESCHEDULED for 2/7/2022 at 09:30 AM in GAINESVILLE Courtroom 303 before Judge Richard W. Story. (sk) |
| Filing 445 APPLICATION for Admission of Kristin M. Koger Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11508882).by Steven Pressman, Winder Laboratories, LLC. (Cobb, James) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 444 RESPONSE in Support re #391 Motion in Limine NO. 1 TO EXCLUDE ARGUMENT REGARDING CONCORDIA PRICE CHANGES filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) Modified on 11/24/2021 to edit docket entry (ddm). |
| Submission of #393 MOTION in Limine Claim for Punitive Damages, #394 MOTION in Limine Hearsay Testimony and Exhibits, #396 MOTION in Limine Hullett Testimony, to District Judge Richard W. Story. (ddm) |
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Filing 443
ORDER granting #441 Motion for Leave to File Matters Under Seal. Signed by Judge Richard W. Story on 11/19/2021. (ddm)
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Filing 442
ORDER granting #432 Motion for Leave to File Matters Under Seal. Signed by Judge Richard W. Story on 11/19/2021. (ddm)
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| Filing 441 MOTION for Leave to File Matters Under Seal re: #440 Notice of Filing,, with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
| Filing 440 SEALED NOTICE Of Filing Provisionally Under Seal by Steven Pressman, Winder Laboratories, LLC re #438 Reply to Response to Motion, #433 Reply to Response to Motion, #437 Reply to Response to Motion, (Attachments: #1 Exhibit Exhibit 1 to Reply in Support of MIL No. 1, #2 Exhibit Exhibit 3 to Reply in Support of MIL No. 1, #3 Exhibit Exhibit 2 to Reply in Support of MIL No. 6, #4 Exhibit Exhibit 5 to Reply in Support of MIL No. 6, #5 Exhibit Exhibit 1 to Reply in Support of MIL No. 7, #6 Exhibit Exhibit 2 to Reply in Support of MIL No. 7)(Cobb, James) Modified on 11/22/2021 to remove the word Provisionally from the entry (ddm). |
| Filing 439 REPLY to Response to Motion re #400 MOTION in Limine to Preclude Any Evidence from James Sharples as an Expert Witness (MIL # 3) filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1)(Cobb, James) |
| Filing 438 REPLY to Response to Motion re #404 MOTION in Limine to Exclude Evidence and Argument Relating to FDA Documents and Inspections (MIL # 7) filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1 (Sealed), #2 Exhibit 2 (Sealed))(Cobb, James) |
| Filing 437 REPLY to Response to Motion re #403 MOTION in Limine to Preclude Concordia from Asking the Jury to Draw Relational Inferences from Method and River's Edge (MIL # 6) filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Sealed), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (Sealed))(Cobb, James) |
| Filing 436 REPLY to Response to Motion re #402 MOTION in Limine to Preclude Re-Litigation of Issues Already Decided (MIL # 5) filed by Steven Pressman, Winder Laboratories, LLC. (Cobb, James) |
| Filing 435 REPLY to Response to Motion re #401 MOTION in Limine to Preclude Proffered Evidence from Phillip Green as an Expert Witness (MIL # 4) filed by Steven Pressman, Winder Laboratories, LLC. (Cobb, James) |
| Filing 434 REPLY to Response to Motion re #399 MOTION in Limine to Preclude Proffered Evidence from Brian Reisetter as an Expert Witness (MIL # 2) filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1)(Cobb, James) |
| Filing 433 REPLY to Response to Motion re #398 MOTION in Limine to Preclude Concordia from Calling Winder's Lead Trial Counsel to Testify (MIL # 1) filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1 (Sealed), #2 Exhibit 2, #3 Exhibit 3 (Sealed), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Cobb, James) |
| Filing 432 MOTION for Leave to File Matters Under Seal re: #426 Reply to Response to Motion, by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order Motion to Seal)(Holladay, William) |
| Filing 431 REPLY to Response to Motion re #396 MOTION in Limine Hullett Testimony filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
| Filing 430 REPLY to Response to Motion re #402 MOTION in Limine to Preclude Re-Litigation of Issues Already Decided (MIL # 5) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
| Filing 429 REPLY to Response to Motion re #401 MOTION in Limine to Preclude Proffered Evidence from Phillip Green as an Expert Witness (MIL # 4) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
| Filing 428 REPLY to Response to Motion re #400 MOTION in Limine to Preclude Any Evidence from James Sharples as an Expert Witness (MIL # 3) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
| Filing 427 REPLY to Response to Motion re #399 MOTION in Limine to Preclude Proffered Evidence from Brian Reisetter as an Expert Witness (MIL # 2) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
| Filing 426 PROVISIONALLY SEALED REPLY to Response to Motion re #398 MOTION in Limine to Preclude Concordia from Calling Winder's Lead Trial Counsel to Testify (MIL # 1) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
| Submission of #398 MOTION in Limine to Preclude Concordia from Calling Winder's Lead Trial Counsel to Testify (MIL # 1), #399 MOTION in Limine to Preclude Proffered Evidence from Brian Reisetter as an Expert Witness (MIL # 2), #400 MOTION in Limine to Preclude Any Evidence from James Sharples as an Expert Witness (MIL # 3), #401 MOTION in Limine to Preclude Proffered Evidence from Phillip Green as an Expert Witness (MIL # 4), #402 MOTION in Limine to Preclude Re-Litigation of Issues Already Decided (MIL # 5), #403 MOTION in Limine to Preclude Concordia from Asking the Jury to Draw Relational Inferences from Method and River's Edge (MIL # 6), #404 MOTION in Limine to Exclude Evidence and Argument Relating to FDA Documents and Inspections (MIL # 7), #416 MOTION for Leave to File Matters Under Seal, to District Judge Richard W. Story. (ddm) |
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Filing 425
ORDER granting #424 Motion for Leave to File Matters Under Seal and it is further ORDERED that the Clerk of the Court maintain under seal: Exhibits 1, 3, and 4 to Winder's Response to Concordia's motion in limine 1 (dkts. 422-1, 422-3, 422-4), as well as the portions of the response referring to that exhibit (dkt. 422); Exhibit 1 to Winder's Response to Concordia's motion in limine 4 (dkt 419-1); Exhibits 2, 3, 4, and 5 to Winder's Response to Concordia's motion in limine 5 ( dkts. 420-2, 420-3, 420-4, 420-5); and Exhibits 2 and 3 to Winder's Response to Concordia's motion in limine 6 (dkts. 421-2, 421-3). Signed by Judge Richard W. Story on 11/05/2021. (rsg)
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| Filing 424 MOTION for Leave to File Matters Under Seal re: #423 Notice of Filing,, by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
| Filing 423 SEALED NOTICE Of Filing Provisionally Under Seal by Steven Pressman, Winder Laboratories, LLC re #421 Response in Opposition to Motion, #420 Response (Non-Motion), #422 Response (Non-Motion), #419 Response in Opposition to Motion (Attachments: #1 Winder's Opposition to Concordia MIL No. 1, #2 Response to MiL 1 - Exhibit 1, #3 Response to MiL 1 - Exhibit 3, #4 Response to MiL 1 - Exhibit 4, #5 Response to MiL 4 - Exhibit 1, #6 Response to MiL 5 - Exhibit 2, #7 Response to MiL 5 - Exhibit 3, #8 Response to MiL 5 - Exhibit 4, #9 Response to MiL 5 - Exhibit 5, #10 Response to MiL 6 - Exhibit 2, #11 Response to MiL 6 - Exhibit 3)(Cobb, James) Modified on 11/5/2021 (rsg). |
| Filing 422 RESPONSE re #391 Notice of Filing, Response in Opposition to Counterclaim Defendants' Motion in Limine No. 1 to Exclude Argument Regarding Concordia Price Changes filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cobb, James) |
| Filing 421 RESPONSE in Opposition re #396 MOTION in Limine Hullett Testimony (MiL # 6) filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cobb, James) |
| Filing 420 RESPONSE re #395 Notice of Filing, Response in Opposition to Counterclaim Defendants' Motion in Limine No. 5 to Exclude Damages Testimony of Bruce Dubinsky filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Cobb, James) |
| Filing 419 RESPONSE in Opposition re #394 MOTION in Limine Hearsay Testimony and Exhibits (MiL # 4) filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1)(Cobb, James) |
| Filing 418 RESPONSE in Opposition re #393 MOTION in Limine Claim for Punitive Damages (MiL # 3) filed by Steven Pressman, Winder Laboratories, LLC. (Cobb, James) |
| Filing 417 RESPONSE re #392 Notice of Filing,, Response in Opposition to Counterclaim Defendants' Motion in Limine No. 2 to Exclude Arguments Relating to Advice of Counsel filed by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cobb, James) |
| Filing 416 MOTION for Leave to File Matters Under Seal re: #414 Response in Opposition to Motion, #411 Response in Opposition to Motion, #409 Response in Opposition to Motion, #412 Response in Opposition to Motion, #415 Response in Opposition to Motion, by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
| Filing 415 PROVISIONALLY SEALED RESPONSE in Opposition re #404 MOTION in Limine to Exclude Evidence and Argument Relating to FDA Documents and Inspections (MIL # 7) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Concordia 69 Colaizzi Letter, #2 Exhibit FDA Form 483 Frequently Asked Questions _ FDA, #3 Exhibit About Warning and Close-Out Letters FDA, #4 Exhibit Hamid, Jawaid - mini)(Holladay, William) |
| Filing 414 PROVISIONALLY SEALED RESPONSE in Opposition re #403 MOTION in Limine to Preclude Concordia from Asking the Jury to Draw Relational Inferences from Method and River's Edge (MIL # 6) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Pressman Deposition Transcript, #2 Exhibit Allera Deposition Transcript, #3 Exhibit Allera April 13, 2016 Letter, #4 Exhibit Allera April 26, 2016 Letter)(Holladay, William) |
| Filing 413 RESPONSE in Opposition re #402 MOTION in Limine to Preclude Re-Litigation of Issues Already Decided (MIL # 5) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
| Filing 412 PROVISIONALLY SEALED RESPONSE in Opposition re #401 MOTION in Limine to Preclude Proffered Evidence from Phillip Green as an Expert Witness (MIL # 4) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Concordia v. Winder - Green Rebuttal Report and Exhibits 2018.03.16)(Holladay, William) |
| Filing 411 PROVISIONALLY SEALED RESPONSE in Opposition re #400 MOTION in Limine to Preclude Any Evidence from James Sharples as an Expert Witness (MIL # 3) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Sharples, James A. 042418 Full Size, #2 Exhibit Concordia v. Winder - Reports)(Holladay, William) |
| Filing 410 RESPONSE in Opposition re #399 MOTION in Limine to Preclude Proffered Evidence from Brian Reisetter as an Expert Witness (MIL # 2) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Healthpoint Order, #2 Exhibit Solvay Order)(Holladay, William) |
| Filing 409 PROVISIONALLY SEALED RESPONSE in Opposition re #398 MOTION in Limine to Preclude Concordia from Calling Winder's Lead Trial Counsel to Testify (MIL # 1) filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Adams July 13, 2016 Letter, #2 Exhibit Adams July 1, 2016 letter, #3 Exhibit Adams October 21, 2016 letter, #4 Exhibit FDA Letter, #5 Exhibit Colaizzi Letter)(Holladay, William) |
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Filing 408
ORDER granting #406 Steven Pressman and Winder Laboratories, LLC's Motion for Leave to File Matters Under Seal. Signed by Judge Richard W. Story on 10/15/2021. (ddm)
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Filing 407
ORDER granting #397 Concordia's Motion for Leave to File Matters Under Seal. Signed by Judge Richard W. Story on 10/15/2021. (ddm)
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| Filing 406 MOTION for Leave to File Matters Under Seal re: #405 Notice of Filing,,,,, with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
| Filing 405 SEALED NOTICE Of Filing Provisionally Under Seal by Steven Pressman, Winder Laboratories, LLC re #402 MOTION in Limine to Preclude Re-Litigation of Issues Already Decided (MIL # 5), #403 MOTION in Limine to Preclude Concordia from Asking the Jury to Draw Relational Inferences from Method and River's Edge (MIL # 6), #401 MOTION in Limine to Preclude Proffered Evidence from Phillip Green as an Expert Witness (MIL # 4) (Attachments: #1 Exhibit 1 to MIL # 4: Winders Motion in Limine to Preclude Proffered Evidence from Phillip Green as an Expert Witness (dkt. 401-1), #2 Exhibit 2 to MIL # 4: Winders Motion in Limine to Preclude Proffered Evidence from Phillip Green as an Expert Witness (dkt. 401-2), #3 Exhibit D to MIL # 5: Winders Motion in Limine to Preclude Re-Litigation of Issues Already Decided and Memorandum in Support (dkt. 402-5), #4 Exhibit C to MIL # 6: Winders Motion in Limine to Preclude Concordia from Asking the Jury to Draw Relational Inferences from Method and Rivers Edge (dkt. 403-3), #5 Exhibit F to MIL # 6: Winders Motion in Limine to Preclude Concordia from Asking the Jury to Draw Relational Inferences from Method and Rivers Edge (dkt. 403-6))(Cobb, James) Modified on 10/15/2021 to remove the word Provisionally from the entry (ddm). |
| Filing 404 MOTION in Limine to Exclude Evidence and Argument Relating to FDA Documents and Inspections (MIL # 7) with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cobb, James) |
| Filing 403 MOTION in Limine to Preclude Concordia from Asking the Jury to Draw Relational Inferences from Method and River's Edge (MIL # 6) with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cobb, James) |
| Filing 402 MOTION in Limine to Preclude Re-Litigation of Issues Already Decided (MIL # 5) with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cobb, James) |
| Filing 401 MOTION in Limine to Preclude Proffered Evidence from Phillip Green as an Expert Witness (MIL # 4) with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cobb, James) |
| Filing 400 MOTION in Limine to Preclude Any Evidence from James Sharples as an Expert Witness (MIL # 3) with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cobb, James) |
| Filing 399 MOTION in Limine to Preclude Proffered Evidence from Brian Reisetter as an Expert Witness (MIL # 2) with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cobb, James) |
| Filing 398 MOTION in Limine to Preclude Concordia from Calling Winder's Lead Trial Counsel to Testify (MIL # 1) with Brief In Support by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Exhibit A - Winder 031)(Cobb, James) |
| Filing 397 MOTION for Leave to File Matters Under Seal re: #391 Notice of Filing, #395 Notice of Filing, #392 Notice of Filing, by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William) |
| Filing 396 MOTION in Limine Hullett Testimony by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Text of Proposed Order)(Holladay, William) |
| Filing 395 PROVISIONALLY SEALED NOTICE Of Filing by Concordia Pharmaceuticals Inc., S.A.R.L. (Attachments: #1 Text of Proposed Order)(Holladay, William) |
| Filing 394 MOTION in Limine Hearsay Testimony and Exhibits by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Shea Exhibit 02, #2 Exhibit Shea Exhibit 21, #3 Exhibit Shea Exhibit 10, #4 Text of Proposed Order)(Holladay, William) |
| Filing 393 MOTION in Limine Claim for Punitive Damages by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Winder's Initial Disclosures, #2 Exhibit Winder's Responses to Concordia's First Interrogatories, #3 Text of Proposed Order)(Holladay, William) |
| Filing 392 PROVISIONALLY SEALED NOTICE Of Filing by Concordia Pharmaceuticals Inc., S.A.R.L. (Attachments: #1 Exhibit Pressman Exhibit 2, #2 Exhibit Pressman Exhibit 6, #3 Exhibit Pressman Exhibit 6, #4 Exhibit Adams Deposition, #5 Exhibit Adams Letters, #6 Exhibit Winder's Responses to Plaintiff's Second Set of Requests for Documents and Things, #7 Text of Proposed Order)(Holladay, William) |
| Filing 391 PROVISIONALLY SEALED NOTICE Of Filing by Concordia Pharmaceuticals Inc., S.A.R.L. (Attachments: #1 Text of Proposed Order)(Holladay, William) |
| NOTICE setting Trial: Pretrial Conference set for 1/18/2022 at 10:00 AM in GAINESVILLE Courtroom 303 before Judge Richard W. Story. Jury Trial set for 2/22/2022 at 09:30 AM in GAINESVILLE Courtroom 303 before Judge Richard W. Story. (sk) |
| Filing 390 TRIAL BRIEF by Steven Pressman, Winder Laboratories, LLC. (Cobb, James) |
| Filing 389 TRIAL BRIEF by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
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Filing 388
ORDER granting #386 Motion for Extension of Time and it is further Ordered that the parties' Trial Briefs are due September 30, 2021. Signed by Judge Richard W. Story on 09/24/2021. (rsg)
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| 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) |
| 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) |
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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)
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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)
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| Clerk's Certificate of Mailing as to William C. Lawrence re #385 Order on Application for Admission PHV. (rsg) |
| Clerk's Certificate of Mailing as to Michael A. Munoz re #384 Order on Application for Admission PHV. (rsg) |
| 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) |
| 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) |
| 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. |
| 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. |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
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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)
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| Submission of #368 MOTION for Entry of Judgment under Rule 54(b) , to District Judge Richard W. Story. (rsg) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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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)
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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)
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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)
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| Submission of #358 MOTION for Leave to File Matters Under Seal re: #357 Reply Brief , to District Judge Richard W. Story. (rsg) |
| 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) |
| Submission of #325 MOTION for Summary Judgment , #328 MOTION for Summary Judgment , to District Judge Richard W. Story. (rsg) |
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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)
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| 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) |
| 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). |
| 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) |
| 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) |
| Filing 357 PROVISIONALLY SEALED REPLY BRIEF re #325 MOTION for Summary Judgment filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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). |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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). |
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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)
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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)
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| 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) |
| 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) |
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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).
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| 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) |
| 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) |
| 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) |
| 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) |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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.-- |
| 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) |
| 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) |
| 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.-- |
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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)
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| Filing 323 Joint MOTION for Leave to File Excess Pages by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
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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)
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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)
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| 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) |
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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)
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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)
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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)
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| Filing 316 Joint MOTION to Modify Scheduling Order #314 Order,, by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
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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)
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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)
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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)
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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)
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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)
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| 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) |
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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)
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| 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. |
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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)
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| 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. |
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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)
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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)
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| 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) |
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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)
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| 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. |
| 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. |
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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)
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| Submission of #292 MOTION for Leave to File Fourth Amended Complaint, to District Judge Richard W. Story. (rsg) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| NOTICE of TELECONFERENCE Hearing: Hearing set for 11/26/2019 at 11:30 AM before Judge Richard W. Story. (sk) |
| 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) |
| Filing 288 NOTICE Of Filing Certificate of Consent for Withdrawal of Counsel for Defendants by Steven Pressman, Winder Laboratories, LLC (Cobb, James) |
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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)
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| 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) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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| 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). |
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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)
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| Clerk's Certificate of Mailing as to Michael Vincent O'Shaughnessy re #278 Order on Application for Admission PHV. (dgr) |
| 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) |
| 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) |
| Filing 276 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to The Kroger Co. by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| Clerk's Certificate of Mailing to Vincent Edward Verrocchio re #275 Order on Application for Admission PHV. (rsg) |
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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)
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| 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) |
| 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) |
| Submission of #254 MOTION to Amend #79 Answer to Amended Complaint, Counterclaim, MOTION to Add Party , to District Judge Richard W. Story. (rsg) |
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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)
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| 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) |
| 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). |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| Filing 265 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to CVS Pharmacy, Inc. by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
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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)
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| Filing 263 CERTIFICATE OF SERVICE of Winder's Second Set of Interrogatories by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| Filing 262 CERTIFICATE OF SERVICE of Winder's First Set of Requests for Admission by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| Filing 261 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to Concordia Pharmaceuticals (US), Inc. by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| Filing 260 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to Advanz Pharma Corp. by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| Filing 259 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to Wolters Kluwer Clinical Drug Information by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| Filing 258 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to Red Oak Sourcing by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| Filing 257 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to First Databank by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| 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) |
| 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). |
| 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) |
| Filing 253 CERTIFICATE OF SERVICE for Notice of Deposition of Aaron Hullett by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| Filing 252 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to Cardinal Health by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| Filing 251 CERTIFICATE OF SERVICE for Notice of Deposition of Daniel Peisert by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| Filing 250 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to McKesson by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
| Filing 249 CERTIFICATE OF SERVICE for Notice of Deposition Subpoena to AmerisourceBergen by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
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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)
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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)
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| Filing 246 STATUS REPORT filed Jointly in response to Court's Order at Dkt. 245 by Steven Pressman, Winder Laboratories, LLC. (Colaizzi, Roger) |
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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)
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| 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) |
| 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) |
| Filing 242 CERTIFICATE OF SERVICE of Objections and Responses to Plaintiff's Second Set of Interrogatories by Steven Pressman, Winder Laboratories, LLC.(Colaizzi, Roger) |
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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)
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| 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) |
| Clerk's Certificate of Mailing as to Kristin M. Adams re #241 Order on Application for Admission PHV. (dgr) |
| Submission of #224 MOTION for Clerks Entry of Default and to Strike Answer MOTION to Strike, to District Judge Richard W. Story. (rsg) |
| 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) |
| 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) |
| Filing 238 CERTIFICATE OF SERVICE of Objections to Notice of Rule 30b6 Deposition by Winder Laboratories, LLC.(Colaizzi, Roger) |
| Filing 237 CERTIFICATE OF SERVICE for Notice of Deposition of Venable LLC by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) |
| Filing 236 CERTIFICATE OF SERVICE for Notice of Deposition of Steven Pressman by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) |
| Filing 235 CERTIFICATE OF SERVICE for Notice of Deposition of David G. Adams by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) |
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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)
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| Clerk's Certificate of Mailing as to Christopher S. Crook re #234 Order on Application for Admission PHV. (dgr) |
| 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) |
| Filing 233 NOTICE by Steven Pressman, Winder Laboratories, LLC of Subpoena (Colaizzi, Roger) |
| Filing 232 NOTICE by Steven Pressman, Winder Laboratories, LLC of Subpoena (Colaizzi, Roger) |
| Filing 231 NOTICE by Steven Pressman, Winder Laboratories, LLC of Subpoena (Colaizzi, Roger) |
| Filing 230 NOTICE by Steven Pressman, Winder Laboratories, LLC of Subpoena (Colaizzi, Roger) |
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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)
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| 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) |
| 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) |
| 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) |
| 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). |
| 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). |
| Filing 223 CERTIFICATE OF SERVICE Notice of Deposition of Winder Laboratories, LLC by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) |
| 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. |
| 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. |
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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)
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| 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) |
| Submission of #199 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Richard W. Story. (sk) |
| 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). |
| 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) |
| Filing 217 NOTICE by Steven Pressman, Winder Laboratories, LLC of Filing of Motion for Leave to Seal (Cumby, Joshua) |
| 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) |
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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)
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| 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) |
| 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). |
| Filing 212 NOTICE Of Filing Motion for Leave to File under Seal by Concordia Pharmaceuticals Inc., S.A.R.L. (Holladay, William) |
| 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) |
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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)
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| 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) |
| 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). |
| Filing 207 CERTIFICATE OF SERVICE of Responses to Plaintiff's Second Set of Interrogatories by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
| Filing 206 CERTIFICATE OF SERVICE of Responses to Plaintiff's Fourth Set of Requests for Production by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
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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)
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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)
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| 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) |
| 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). |
| 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) |
| Filing 200 NOTICE by Steven Pressman, Winder Laboratories, LLC OF MOTION FOR LEAVE TO SEAL (Cumby, Joshua) |
| 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) |
| 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) |
| 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) |
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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)
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| Submission of #186 MOTION to Amend Second Amended Complaint to District Judge Richard W. Story. (dgr) |
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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)
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| 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). |
| 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) |
| Filing 192 NOTICE by Steven Pressman, Winder Laboratories, LLC of Filing of Motion for Leave to Seal (Cumby, Joshua) |
| 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) |
| 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) |
| 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) |
| Filing 188 CERTIFICATE OF SERVICE of Plaintiff's Second Set of Interrogatories by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| Filing 182 CERTIFICATE OF SERVICE Notice of Subpoena by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
| 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) |
| Filing 180 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William) |
| Filing 179 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William) |
| Filing 178 STIPULATION of Dismissal of Count III of Concordia's Second Amended Complaint by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
| Filing 177 CERTIFICATE OF SERVICE Notice of Deposition of Daniel Peisert by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
| Filing 176 CERTIFICATE OF SERVICE Notice of Continued Deposition of Brian C. Reisetter by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
| Filing 175 CERTIFICATE OF SERVICE Amended Notice of Deposition of James A. Sharples by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
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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)
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| 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) |
| Filing 172 CERTIFICATE OF SERVICE for Notice of Deposition of Jawaid Hamid by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) |
| Filing 171 CERTIFICATE OF SERVICE Notice of Deposition of Philip Green by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
| Filing 170 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William) |
| Filing 169 CERTIFICATE OF SERVICE Notice of Deposition of Brian C. Reisetter by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
| Filing 168 CERTIFICATE OF SERVICE Notice of Deposition of James A. Sharples by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
| Filing 167 CERTIFICATE OF SERVICE Notice of Deposition of Buchanan Ingersoll & Rooney PC by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
| Filing 166 CERTIFICATE OF SERVICE Notice of Deposition of Concordia Pharmaceuticals Inc., S.A.R.L. by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
| 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) |
| Filing 164 CERTIFICATE OF SERVICE of Winder's Third Requests for Production of Documents by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
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Filing 158
ORDER GRANTING #157 Motion for Leave to File Matters Under Seal. Signed by Judge Richard W. Story on 12/21/17. (bnw)
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| 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) |
| 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). |
| 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) |
| Filing 154 Notice for Leave of Absence for the following date(s): June 8, 2018-June 15, 2018, by James William Cobb. (Cobb, James) |
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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)
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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).
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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).
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 145 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William) |
| Filing 144 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William) |
| Filing 143 CERTIFICATE OF SERVICE of Responses to Plaintiff's Requests for Admission by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
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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)
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| 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) |
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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)
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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)
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| 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) |
| 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). |
| 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) |
| Filing 135 CERTIFICATE OF SERVICE for Plaintiff's First Requests for Admission by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) |
| Filing 134 CERTIFICATE OF SERVICE for Notice of Deposition of Tynesha Thurmond by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) |
| NOTICE of TELECONFERENCE set for 10/25/2017 at 02:00 PM before Judge Richard W. Story. (sk) |
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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)
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| 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) |
| Submission of #115 MOTION to Amend #61 Amended Complaint,, , to District Judge Richard W. Story. (rsg) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| Submission of #110 First MOTION to Amend Counterclaims, to District Judge Richard W. Story. (rsg) |
| Filing 126 REPLY to Response to Motion re #110 First MOTION to Amend Counterclaims filed by Steven Pressman, Winder Laboratories, LLC. (Cumby, Joshua) |
| 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) |
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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)
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| 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) |
| Filing 122 RESPONSE in Opposition re #110 First MOTION to Amend Counterclaims filed by Concordia Pharmaceuticals Inc., S.A.R.L.. (Holladay, William) |
| Filing 121 CERTIFICATE OF SERVICE for Notice of Deposition of Napoleon Etienne by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) |
| Filing 120 CERTIFICATE OF SERVICE for Notice of Deposition of Tynesha Thurmond by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) |
| 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) |
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Filing 118
ORDER granting #117 Motion for Leave to File Matters Under Seal. Signed by Judge Richard W. Story on 09/01/2017. (dgr)
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| 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) |
| 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). |
| 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) |
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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)
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| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| Filing 108 CERTIFICATE OF SERVICE for Response to Winder's First Set of Interrogatories by Concordia Pharmaceuticals Inc., S.A.R.L..(Holladay, William) |
| Filing 107 NOTICE by Concordia Pharmaceuticals Inc., S.A.R.L. of Subpoena (Holladay, William) |
| Filing 106 NOTICE by Steven Pressman, Winder Laboratories, LLC of Subpoena (Cumby, Joshua) |
| 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) |
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Filing 104
PROTECTIVE ORDER (See Order for Specifics). Signed by Judge Richard W. Story on 07/12/17. (Attachments: #1 Exhibit A) (rsg)
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| 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) |
| 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) |
| Filing 101 PROPOSED CONSENT ORDER re: #100 Joint MOTION for Protective Order . (Attachments: #1 Exhibit Agreement to be Bound by Protective Order)(Holladay, William) |
| Filing 100 Joint MOTION for Protective Order by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Exhibit Proposed Stipulated Protective Order)(Holladay, William) |
| 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) |
| 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) |
| Submission of #87 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Richard W. Story. (rsg) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 91 CERTIFICATE OF SERVICE of Winder's First Requests for Production of Documents by Steven Pressman, Winder Laboratories, LLC.(Cumby, Joshua) |
| 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) |
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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)
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| 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) |
| 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) |
| Filing 86 Amended JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Steven Pressman, Winder Laboratories, LLC. (Cumby, Joshua) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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. |
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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)
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| Filing 77 RESPONSE in Opposition re #76 MOTION for Leave to File Proposed Supplemental Authority filed by Steven Pressman, Winder Laboratories, LLC. (Cumby, Joshua) |
| 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) |
| Filing 75 Request for Leave of Absence for the following date(s): May 31, 2017 - June 9, 2017, by James William Cobb. (Cobb, James) |
| Filing 74 NOTICE of Change of Address for Joshua Counts Cumby, counsel for Steven Pressman, Winder Laboratories, LLC (Cumby, Joshua) |
| Submission of #72 MOTION for Leave to File Supplemental Brief, to District Judge Richard W. Story. (rsg) |
| Filing 73 RESPONSE re #72 MOTION for Leave to File Supplemental Brief filed by Steven Pressman, Winder Laboratories, LLC. (Cobb, James) |
| Filing 72 MOTION for Leave to File Supplemental Brief by Concordia Pharmaceuticals Inc., S.A.R.L.. (Attachments: #1 Proposed Supplemental Brief)(Holladay, William) |
| Filing 71 REPLY BRIEF re #67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Pressman, Winder Laboratories, LLC. (Cobb, James) |
| Filing 70 REPLY BRIEF re #67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Pressman, Winder Laboratories, LLC. (Waddell, Timothy) |
| Submission of #67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge Richard W. Story. (sk) |
| 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) |
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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)
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| 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) |
| Filing 66 Consent MOTION for Leave to File Excess Pages by Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Proposed Order)(Cobb, James) |
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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)
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| 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) |
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Filing 63
ORDER denying #39 Motion for Preliminary Injunction. Signed by Judge Richard W. Story on 04/07/2016. (rsg)
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| 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) |
| Submission of #39 Emergency MOTION for Preliminary Injunction , submitted to District Judge Richard W. Story. (sk) |
| 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. |
| 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) |
| 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) |
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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).
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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)
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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)
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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)
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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).
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| 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) |
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Filing 52
Court Notice Of Filing: Standing Order by Judge Richard W. Story. (rag)
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| 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) |
| 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) |
| 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). |
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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)
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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)
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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)
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| Submission of #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge Richard W. Story. (rsg) |
| 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) |
| Submission of #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge William C. O'Kelley. (sk) |
| 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) |
| 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) |
| Filing 42 RESPONSE in Opposition re #38 MOTION to Supplement #1 Complaint, filed by Steven Pressman, Winder Laboratories, LLC. (Cobb, James) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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). |
| 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) |
| 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) |
| 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) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Steven Pressman. (Cobb, James) |
| Filing 31 NOTICE of Appearance by James William Cobb on behalf of Steven Pressman (Cobb, James) |
| Filing 30 CERTIFICATE OF SERVICE of Discovery by Winder Laboratories, LLC.(Cobb, James) |
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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)
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| 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) |
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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).
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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)
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| Filing 21 CERTIFICATE OF SERVICE of Discovery by Winder Laboratories, LLC.(Cobb, James) |
| Filing 20 Joint MOTION to Amend Briefing Schedule by Winder Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Cobb, James) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 13 Certificate of Interested Persons by Winder Laboratories, LLC. (Cobb, James) |
| 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) |
| Filing 11 NOTICE of Appearance by Timothy Brandon Waddell on behalf of Winder Laboratories, LLC (Waddell, Timothy) |
| Filing 10 NOTICE of Appearance by James William Cobb on behalf of Winder Laboratories, LLC (Cobb, James) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 3 AO Form 120 forwarded to Commissioner. (rsg) |
| Filing 2 Electronic Summons Issued as to Steven Pressman, Winder Laboratories, LLC. (Attachments: #1 Summons)(rsg) |
| 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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