Bristol-Myers Squibb Company v. Connors
Plaintiff: Sanofi US Services Inc., Bristol-Myers Squibb Company, Sanofi-Synthelabo LLC and Sanofi-Aventis U.S. LLC
Defendant: Clare E. Connors
Case Number: 1:2020cv00010
Filed: January 7, 2020
Court: US District Court for the District of Hawaii
Presiding Judge: JILL A OTAKE
Referring Judge: J MICHAEL SEABRIGHT
2 Judge: ROM TRADER
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 5, 2020 Filing 42 EO: The Court CONTINUES the Rule 16 Scheduling Conference previously set for 03/09/2020 at 9:00 a.m. to 9:00 a.m. on 3/24/2020 before MAGISTRATE JUDGE ROM TRADER. Rule 16 Scheduling Conference Statements are due 03/17/2020. (MAGISTRATE JUDGE ROM TRADER)(jp)
March 2, 2020 Filing 41 REPORT of Planning Meeting - Joint Report. (Ing, Louise)
March 2, 2020 Filing 40 Scheduling Conference Statement . (Attachments: #1 Certificate of Service COS (re BMS et al v State Scheduling Conference Statement))(Moriarty, Thomas)
March 2, 2020 Filing 39 Scheduling Conference Statement . (Ing, Louise)
February 28, 2020 Filing 38 REPLY re #36 Memorandum in Opposition to Motion, #33 MOTION to Dismiss Complaint filed by Clare E. Connors. (Attachments: #1 Declaration Declaration Mana Moriarty, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Certificate of Service COS (Defendants Reply to Plaintiffs Op))(Moriarty, Thomas)
February 28, 2020 Filing 37 REPLY re #36 Memorandum in Opposition to Motion, #33 MOTION to Dismiss Complaint filed by Clare E. Connors. (Attachments: #1 Declaration DECLARATION OF T.F. MANA MORIARTY, #2 Exhibit EXHIBIT 1, #3 Exhibit EXHIBIT 2, #4 Exhibit EXHIBIT 3, #5 Certificate of Service COS (Defendants Reply to Plaintiffs Op))(Moriarty, Thomas)
February 14, 2020 Filing 36 MEMORANDUM in Opposition re #33 Defendant's MOTION to Dismiss Complaint filed by Bristol-Myers Squibb Company, Sanofi US Services Inc., Sanofi-Aventis U.S. LLC, Sanofi-Synthelabo LLC. (Ing, Louise) Modified on 2/18/2020 (emt, ).
February 7, 2020 Filing 35 NOTICE of Hearing on Motion #6 Plaintiff's Motion for Preliminary Injunction:Motion Hearing is set for 5/29/2020 at 9:00 AM in Aha Kanawai before JUDGE JILL A. OTAKE. Opposition due 4/10/2020, reply due 4/24/2020.(shm)
February 4, 2020 Filing 34 NOTICE of Hearing on Motion #33 Defendant Clare E. Connors' Motion to Dismiss Complaint:Motion Hearing is set for 3/13/2020 at 9:00 AM in Aha Kanawai before JUDGE JILL A. OTAKE. Opposition is due 2/14/2020, Reply is due 2/28/2020.(shm)
January 30, 2020 Filing 33 MOTION to Dismiss Complaint Thomas Francis Mana Moriarty appearing for Defendant Clare E. Connors (Attachments: #1 Memorandum Memorandum in Support of Motion, #2 Local Rule 7.8 Certificate of Compliance, #3 Certificate of Service Certificate of Service)(Moriarty, Thomas)
January 24, 2020 Filing 32 Letter addressed to Judge Jill A. Otake from Mana Moriarty and James C. Paige, Deputy Attorneys General, responding to Plaintiffs' renewed request for a status conference (ECF No. #31 ), dated January 23, 2020. (emt, )
January 24, 2020 Filing 31 Letter requesting status conference on January 31, 2020, addressed to Judge Jill A. Otake from Paul Alston, Esq., and Louise K. Y. Ing., Esq., dated January 23, 2020. (emt, )
January 23, 2020 Filing 30 EO: The Court is in receipt of Plaintiffs' letter dated 1/23/20, wherein they request that the Court reinstate the 1/31/20 status conference or set an expedited hearing and briefing schedule for their motion for preliminary injunction and Defendants anticipated motion to dismiss. The Court declines to reinstate the status conference because it is unnecessary. The Court also declines to set an expedited hearing and briefing on the parties' motions based solely on the request in the letter. There are mechanisms by which parties may seek expedited hearings, none of which Plaintiffs have utilized. The Court cautions Plaintiffs that the timing of the state court proceedings will not control the Court's calendar in this case, particularly because those proceedings are in their final stages. Moreover, judicial economy would not be served by addressing the parties' motions at a consolidated hearing. Adjudication of any basis for dismissal must precede consideration of the propriety of injunctive relief. Thus, briefing on the motion for preliminary injunction should not be completed unless Plaintiffs survive dismissal. (JUDGE JILL A. OTAKE)(shm)
January 22, 2020 Filing 29 EO: In light of Defendant's letter #28 indicating that she intends to file a motion to dismiss that may impact Plaintiffs' pending motion for a preliminary injunction, the Court VACATES 19 the status conference set for 01/31/2020. If Defendant does not file a motion to dismiss the Complaint, Plaintiffs may file a renewed request for a status conference. (JUDGE JILL A. OTAKE)(shm)
January 21, 2020 Filing 28 Letter requesting a status conference addressed to Judge Jill A. Otake from Mana Moriarty, Deputy Attorney General, dated January 16, 2020. (emt, )
January 21, 2020 Opinion or Order Filing 27 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ROBERT N. WEINER re #23 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/21/2020. (emt, )
January 21, 2020 Opinion or Order Filing 26 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO SALLY L. PEI re #22 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/21/2020. (emt, )
January 21, 2020 Opinion or Order Filing 25 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO DANIEL PARISER re #21 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/21/2020. (emt, )
January 21, 2020 Opinion or Order Filing 24 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ANAND AGNESHWAR re #20 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/21/2020. (emt, )
January 17, 2020 Filing 23 MOTION for Pro Hac Vice Robert N. Weiner Filing fee $ 300, receipt number 0975-2319645.Paul Alston appearing for Plaintiffs Bristol-Myers Squibb Company, Sanofi US Services Inc., Sanofi-Aventis U.S. LLC, Sanofi-Synthelabo LLC (Attachments: #1 Declaration Declaration of Counsel)(Alston, Paul)
January 17, 2020 Filing 22 MOTION for Pro Hac Vice Sally L. Pei Filing fee $ 300, receipt number 0975-2319644.Paul Alston appearing for Plaintiffs Bristol-Myers Squibb Company, Sanofi US Services Inc., Sanofi-Aventis U.S. LLC, Sanofi-Synthelabo LLC (Attachments: #1 Declaration Declaration of Counsel)(Alston, Paul)
January 17, 2020 Filing 21 MOTION for Pro Hac Vice Daniel Pariser Filing fee $ 300, receipt number 0975-2319641.Paul Alston appearing for Plaintiffs Bristol-Myers Squibb Company, Sanofi US Services Inc., Sanofi-Aventis U.S. LLC, Sanofi-Synthelabo LLC (Attachments: #1 Declaration Declaration of Counsel)(Alston, Paul)
January 17, 2020 Filing 20 MOTION for Pro Hac Vice Anand Agneshwar Filing fee $ 300, receipt number 0975-2319625.Paul Alston appearing for Plaintiffs Bristol-Myers Squibb Company, Sanofi US Services Inc., Sanofi-Aventis U.S. LLC, Sanofi-Synthelabo LLC (Attachments: #1 Declaration Declaration of Counsel)(Alston, Paul)
January 16, 2020 Filing 19 EO: The Court has received and reviewed a hand-delivered #18 letter from Paul Alston, counsel for Plaintiffs, requesting a "status conference to discuss the scheduling and timing of the preliminary injunction hearing." The Court GRANTS the request and SETS a status conference for 01/31/2020 at 2:30 p.m. before Judge Jill A. Otake. The Court advises the parties that, pursuant to Judge Otake's General Civil Case Procedures, available on the Court's website, letter requests can be "electronically submitted with an explanatory email" to otake_orders@hid.uscourts.gov.(JUDGE JILL A. OTAKE)(shm)
January 16, 2020 Filing 18 Letter requesting a status conference addressed to Judge Jill A. Otake from Paul Alston, Esq., dated January 15, 2020. (Attachments: #1 Mailing Documentation) (emt, )
January 10, 2020 Filing 17 EO: The Court GRANTS Plaintiffs' #5 Ex Parte Motion for Leave to Exceed Page and Word Limit in Filing Memorandum in Support of Motion for Preliminary Injunction. This authorization applies exclusively to the memorandum in support of the Motion for Preliminary Injunction. (JUDGE JILL A. OTAKE)(shm)
January 9, 2020 Filing 16 SUMMONS Returned Executed by Bristol-Myers Squibb Company, Sanofi-Aventis U.S. LLC, Sanofi US Services Inc., Sanofi-Synthelabo LLC. Clare E. Connors served on 1/9/2020. (Alston, Paul)
January 8, 2020 Opinion or Order Filing 15 ORDER OF RECUSAL - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/8/2020. CHIEF JUDGE J. MICHAEL SEABRIGHT recused. Case reassigned to JUDGE JILL A. OTAKE for all further proceedings. Please reflect Civil Case Number CV 20-00010 JAO-RT on all further pleadings. (jo)
January 8, 2020 Filing 14 EO: A hearing on Plaintiffs' Motion for Preliminary Injunction, ECF No. #6 , is set for April 13, 2010 at 10:00 a.m. Defendant's Opposition is due by March 2, 2020, and Plaintiffs' Reply is due by March 16, 2020.Motion Hearing is set for 04/13/2020 at 10:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
January 8, 2020 Filing 13 Summons Issued as to Clare E. Connors (jo)
January 7, 2020 Filing 12 EO: On January 7, 2020, Plaintiffs filed an Ex Parte Motion for leave to exceed the page and word limit for the Memorandum in Support of their contemporaneously-filed Motion for Preliminary Injunction. ECF No. #5 . Plaintiffs seek leave to file a memorandum "in excess of the thirty (30) page limit/6,250 word limits set forth in USDC Local Rules 7.5," that is, a memorandum that contains "no more than 7,250 words." Id. Although Plaintiffs cite the wrong local rule and refer to the wrong page limitthe correct rule is LR7.4 which imposes a twenty-five page limitfor the reasons set forth in counsel's declaration and finding good cause, the court GRANTS the Ex Parte Motion. The court further GRANTS leave for the parties' Opposition and Reply to exceed the page/word limit proportionallythat is, Defendant's Opposition memorandum may contain no more than 7,250 words and Plaintiffs' Reply memorandum may contain no more than 4,350 words. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
January 7, 2020 Filing 11 Corporate Disclosure Statement by Sanofi-Synthelabo LLC identifying Corporate Parent Sanofi for Sanofi-Synthelabo LLC.. (Alston, Paul)
January 7, 2020 Filing 10 Corporate Disclosure Statement by Sanofi US Services Inc. identifying Corporate Parent Sanofi for Sanofi US Services Inc... (Alston, Paul)
January 7, 2020 Filing 9 Corporate Disclosure Statement by Sanofi-Aventis U.S. LLC identifying Corporate Parent Sanofi for Sanofi-Aventis U.S. LLC.. (Alston, Paul)
January 7, 2020 Filing 8 Corporate Disclosure Statement by Bristol-Myers Squibb Company. (Alston, Paul)
January 7, 2020 Filing 7 Summons (Proposed) (Alston, Paul)
January 7, 2020 Filing 6 MOTION for Preliminary Injunction Paul Alston appearing for Plaintiffs Bristol-Myers Squibb Company, Sanofi US Services Inc., Sanofi-Aventis U.S. LLC, Sanofi-Synthelabo LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Harlan Krumholz, MD SM, #3 Declaration of Todd B. Seto, M.D., #4 Declaration of Paul Alston, #5 Exhibit "A" - 2019 Excerpts, #6 Exhibit "B" - Anthea Wang Deposition, #7 Exhibit "C" - Curtis Toma Deposition, #8 Exhibit "D" - SOH Responses, #9 Exhibit "E" - SOH Supplemental Responses, #10 Exhibit "F" - SOH Responses, #11 Exhibit "G" - Second Amended Complaint, #12 Exhibit "H" - SOH Memo in Opp, #13 Exhibit "I" - Gurbel Report, #14 Exhibit "J" - Maestas Report, #15 Exhibit "K" - State Contract, #16 Exhibit "L" - State Supplemental Contract, #17 Exhibit "M" - 11-4-2019 Letter)(Alston, Paul)
January 7, 2020 Filing 5 MOTION for Leave to File Excess Pages Plaintiffs' Ex Parte Motion for Leave to Exceed Page and Word Limit in Filing Memorandum in Support of Motion for Preliminary Injunction Paul Alston appearing for Plaintiffs Bristol-Myers Squibb Company, Sanofi US Services Inc., Sanofi-Aventis U.S. LLC, Sanofi-Synthelabo LLC (Attachments: #1 Declaration of Paul Alston)(Alston, Paul)
January 7, 2020 Filing 4 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of Summons, #2 Waiver of the Service of Summons) (jo)
January 7, 2020 Opinion or Order Filing 3 Order Setting Rule 16 Scheduling Conference for 09:00 AM on 3/9/2020 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/7/2020. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statement) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jo)
January 7, 2020 Filing 2 NOTICE of Case Assignment: Please reflect Civil Case Number CV 20-00010 JMS-RT on all further pleadings. (jo)
January 7, 2020 Filing 1 COMPLAINT For Declaratory and Injunctive Relief against Clare E. Connors ( Filing fee $ 400 receipt number 0975-2313397.), filed by Bristol-Myers Squibb Company. (Attachments: #1 Civil Cover Sheet)(Alston, Paul) Docket Text Modified on 1/7/2020 (jo)

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Plaintiff: Sanofi US Services Inc.
Represented By: Louise K.Y. Ing
Represented By: Paul Alston
Represented By: Robert N. Weiner
Represented By: Daniel S. Pariser
Represented By: Anand Agneshwar
Represented By: Sally L. Pei
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Plaintiff: Bristol-Myers Squibb Company
Represented By: Paul Alston
Represented By: Louise K.Y. Ing
Represented By: Robert N. Weiner
Represented By: Daniel S. Pariser
Represented By: Anand Agneshwar
Represented By: Sally L. Pei
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Plaintiff: Sanofi-Synthelabo LLC
Represented By: Louise K.Y. Ing
Represented By: Paul Alston
Represented By: Robert N. Weiner
Represented By: Daniel S. Pariser
Represented By: Anand Agneshwar
Represented By: Sally L. Pei
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Plaintiff: Sanofi-Aventis U.S. LLC
Represented By: Louise K.Y. Ing
Represented By: Paul Alston
Represented By: Robert N. Weiner
Represented By: Daniel S. Pariser
Represented By: Anand Agneshwar
Represented By: Sally L. Pei
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Defendant: Clare E. Connors
Represented By: Thomas Francis Mana Moriarty
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