Yeager et al v. Innovus Pharmaceuticals, Inc.
| JAMES L YEAGER, MIDWEST RESEARCH LABORATORIES, James L. Yeager and Midwest Research Laboratories, LLC |
| INNOVUS PHARMACEUTICALS and Innovus Pharmaceuticals, Inc. |
| 1:2018cv00397 |
| January 19, 2018 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Thomas M Durkin |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 63 MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 5/3/2019. The discovery stay is lifted. Defendant's answer to the first amended complaint is to be filed by 5/24/2019. Written discovery is to issue by 8/31/2019. Fact discovery ordered closed by 9/30/2019. Status hearing set for 8/8/2019 at 09:00 AM.Mailed notice (srn, ) |
| Filing 62 ATTORNEY Appearance for Plaintiffs Midwest Research Laboratories, LLC, James L. Yeager by John Paul Paleczny, IV (Paleczny, John) |
| Filing 61 MINUTE entry before the Honorable Thomas M. Durkin: Status hearing set for 5/3/2019 at 09:00 AM.Mailed notice (srn, ) |
| Filing 60 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Plaintiff's counsel advised Defendant and the Court that Plaintiff is not interested in a settlement conference at this time and will proceed forth with discovery. All matters relating to the referral of this case having been resolved, this matter is returned to the District Judge. Referral terminated. Mailed notice (ao,) |
| Filing 59 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Parties addressed whether a settlement conference would be productive. For the reasons discussed on the record, the settlement conference set for 4/10/19 is stricken. Status hearing set for 4/18/19 at 9:15 a.m. Mailed notice (ao,) |
| Filing 58 MINUTE entry before the Honorable M. David Weisman: At the parties request, a telephonic status hearing is set for 4/8/19 at 12:00 p.m. to discuss possible issues related to settlement. Any counsel so wishing may appear by phone at the telephonic status hearing. The call-in number for the hearing is 1-877-411-9748 and the passcode is 1814539. Mailed notice (ao,) |
Filing 57
ORDER: Magistrate Status hearing held. A settlement conference is set for 4/10/19 at 2:00 p.m. Plaintiffs' settlement letter shall be delivered to Defendant, with a courtesy copy delivered to the Court, in chambers, on or before 3/27/19. Defendant's settlement letter shall be delivered to Plaintiffs, with a courtesy copy delivered to the Court, in chambers, on or before 4/3/19. The parties must also submit their respective documents by email to Proposed_Order_Weisman@ilnd.uscourts.gov. However, please note that settlement letters are not to be filed on the CM-ECF system. Parties have no objection to the Court having ex parte discussions with counsel in advance of the settlement conference if the Court believes such conversations would be warranted. (For further details see order.) Signed by the Honorable M. David Weisman on 3/5/2019. Mailed notice (ao,)
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| Filing 56 MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of discovery scheduling and supervision and to conduct a settlement conference. Initial status hearing scheduled for 3/5/19 at 9:15 a.m. Prior to the status hearing, the Court specifically requests that counsel consult the Court's standing order. If the parties believe the case is ready for a settlement conference, counsel should have available dates for a settlement conference for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. If the parties do not wish to set a settlement conference at this time, the parties should be prepared to discuss discovery scheduling and related issues. Mailed notice (ao,) |
| Filing 55 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: settlement conference. All current discovery dates are stayed. The 2/27/2019 status hearing is vacated..(srn, )Mailed notice. |
| Filing 54 NOTICE OF WITHDRAWL by James L. Yeager OF LISA E. CIRCEO, ESQ. (Circeo, Lisa) |
| Filing 53 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendant Innovus Pharmaceuticals, Inc.. (Poell, David) |
| Filing 52 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiff James L. Yeager. (Collis, Michael) |
| Filing 51 MEMORANDUM Opinion and Order: Status hearing held on 2/5/2019.For the foregoing reasons, Innovus's motion #37 is denied in part as to its personal jurisdiction argument. The motion is granted in part as to Counts III and IV and denied as to the remaining counts. If Plaintiffs believe they can cure the deficiencies identified in this opinion as to the dismissed counts and allegations, they may move for leave to file an amended complaint on or before February 26, 2019. The motion should attach a redlined comparison between the current complaint and the proposed amended complaint, and it should be supported by a brief of no more than five pages describing how the proposed amended complaint cures the deficiencies in the current complaint. MIDP is due by 2/19/2019. A proposed discovery schedule is to be filed by 2/26/2019. Status hearing set for 2/27/2019 at 09:00 AM. Plaintiff's motion to compel is denied as moot. #45 Signed by the Honorable Thomas M. Durkin on 2/5/2019:Mailed notice(srn, ) |
| Filing 50 MINUTE entry before the Honorable Thomas M. Durkin:On the Court's own motion, the 1/31/2019 status hearing is vacated and reset for 2/5/2019 at 09:00 AM.Mailed notice (srn, ) |
| Filing 49 RESPONSE by James L. Yeagerin Opposition to MOTION by Defendant Innovus Pharmaceuticals, Inc. to dismiss for lack of jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Innovus Pharmaceuticals, Inc. pursuant to Fed. R. Civ. P. 12(b)(6) #37 Supplemental (Attachments: #1 Exhibit)(Collis, Michael) |
| Filing 48 CERTIFICATE of Service by Bradley C. Graveline on behalf of Innovus Pharmaceuticals, Inc. (Graveline, Bradley) |
| Filing 47 MINUTE entry before the Honorable Thomas M. Durkin:Plaintiffs' motion to compel or, in the alternative, motion for leave to conduct jurisdictional discovery, R. #45 , is granted. Plaintiffs allege that Defendant published at least one article in Illinois targeted at Illinois residents, and that Defendant may have sold its product to Illinois residents as a result of the advertisements at issue in the complaint. The extent of Defendant's connections with Illinois are not in the record, and the Court requires more information to resolve Defendant's motion to dismiss for lack of personal jurisdiction on the merits. See Evanger's Cat & Dog Food Co., Inc. v. Thixton, 2018 WL 3831505, at *2 (N.D. Ill. Aug. 13, 2018) ("When personal jurisdiction is challenged under Federal Rule of Civil Procedure 12(b)(2) and the material facts necessary to decide on the issue are in dispute, the Court must consider allowing jurisdictional discovery and holding an evidentiary hearing to resolve the dispute."). Defendants are ordered to respond to Plaintiffs' discovery requests (see R. 45-2), by January 14, 2019. Status set for 12/20/18 is reset for 01/31/19 at 9:00 a.m. Mailed notice (srn, ) |
| Filing 46 NOTICE of Motion by Michael T. Collis for presentment of motion to compel, #45 before Honorable Thomas M. Durkin on 12/20/2018 at 09:00 AM. (Collis, Michael) |
| Filing 45 MOTION by Plaintiff James L. Yeager to compel Defendant's Responses to Interrogatories, Request for Production of Documents and Request for Admissions Regarding Personal Jurisdiction or in the Alternative Motion for Leave to Conduct Jurisdictional Discovery (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Collis, Michael) |
| Filing 44 REPLY by Defendant Innovus Pharmaceuticals, Inc. to motion to dismiss/lack of jurisdiction,, Motion to Dismiss for Failure to State a Claim, #37 REPLY IN SUPPORT OF ITS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT (Graveline, Bradley) |
| Filing 43 TRANSCRIPT OF PROCEEDINGS held on 10/22/18 before the Honorable Thomas M. Durkin. Status hearing. Order Number: 33062. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/26/2018. Redacted Transcript Deadline set for 1/4/2019. Release of Transcript Restriction set for 3/4/2019. (Renke, Laura) |
| Filing 42 MEMORANDUM by James L. Yeager in Opposition to motion to dismiss/lack of jurisdiction,, Motion to Dismiss for Failure to State a Claim, #37 (Collis, Michael) |
| Filing 41 CERTIFICATE of Service by Plaintiff James L. Yeager of Plaintiffs' Interrogatories, Request for Production of Documents and Request for Admissions Regarding Personal Jurisdiction (Collis, Michael) |
| Filing 40 MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 10/22/2018. Plaintiffs' response to defendant's motion to dismiss #37 is due by 11/21/2018. Defendant's reply due by 12/12/2018. Status hearing set for 12/20/2018 at 09:00 AM. The 10/23/2018 notice motion date is vacated. Mailed notice (srn, ) |
| Filing 39 NOTICE of Motion by Bradley C. Graveline for presentment of motion to dismiss/lack of jurisdiction,, Motion to Dismiss for Failure to State a Claim, #37 before Honorable Thomas M. Durkin on 10/23/2018 at 09:00 AM. (Graveline, Bradley) |
| Filing 38 MEMORANDUM by Innovus Pharmaceuticals, Inc. in support of motion to dismiss/lack of jurisdiction,, Motion to Dismiss for Failure to State a Claim, #37 (Graveline, Bradley) |
| Filing 37 MOTION by Defendant Innovus Pharmaceuticals, Inc. to dismiss for lack of jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Innovus Pharmaceuticals, Inc. pursuant to Fed. R. Civ. P. 12(b)(6) (Graveline, Bradley) |
| Filing 36 STATUS Report Joint Status Report by James L. Yeager (Circeo, Lisa) |
| Filing 35 MINUTE entry before the Honorable Thomas M. Durkin:Any party wishing to participate telephonically at the 10/22/2018 status hearing is instructed to call 877-402-9757, access code 4410831, promptly at 9:00 a.m.Mailed notice (srn, ) |
| Filing 34 MINUTE entry before the Honorable Thomas M. Durkin:Defendant's agreed motion for extension of time to 10/18/2018 to answer or otherwise plead #32 is granted. The 10/1/2018 status date is vacated and reset for 10/22/2018 at 09:00 AM. No appearance is required on 9/25/2018. Mailed notice (srn, ) |
| Filing 33 NOTICE of Motion by Bradley C. Graveline for presentment of motion for extension of time to file answer, #32 before Honorable Thomas M. Durkin on 9/25/2018 at 09:00 AM. (Graveline, Bradley) |
| Filing 32 MOTION by Defendant Innovus Pharmaceuticals, Inc. for extension of time to file answer regarding amended complaint #15 AGREED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT (Graveline, Bradley) |
| Filing 31 ATTORNEY Appearance for Defendant Innovus Pharmaceuticals, Inc. by David Mitchell Poell (Poell, David) |
| Filing 30 MINUTE entry before the Honorable Thomas M. Durkin:Defendant's agreed motion for extension of time to 9/20/2018 to answer or otherwise plead #28 is granted. The 8/29/2018 status hearing is vacated and reset for 10/1/2018 at 09:00 AM. No appearance is required on 8/16/2018.Mailed notice (srn, ) |
| Filing 29 NOTICE of Motion by Bradley C. Graveline for presentment of motion for extension of time to file answer #28 before Honorable Thomas M. Durkin on 8/16/2018 at 09:00 AM. (Graveline, Bradley) |
| Filing 28 MOTION by Defendant Innovus Pharmaceuticals, Inc. for extension of time to file answer or Otherwise Respond to Plaintiffs' First Amended Complaint (Agreed) (Graveline, Bradley) |
| Filing 27 MINUTE entry before the Honorable Thomas M. Durkin:Agreed motion for extension of time to 8/23/2018 to answer or otherwise plead #25 is granted. Joint status report is now due 8/24/2018. The 6/28/2018 status date is vacated and reset for 8/29/2018 at 09:00 AM. No appearance is required on 6/19/2018. Mailed notice (srn, ) |
| Filing 26 NOTICE of Motion by Bradley C. Graveline for presentment of motion for extension of time to file answer, #25 before Honorable Thomas M. Durkin on 6/19/2018 at 09:00 AM. (Graveline, Bradley) |
| Filing 25 MOTION by Defendant Innovus Pharmaceuticals, Inc. for extension of time to file answer regarding amended complaint #15 AGREED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT (Graveline, Bradley) |
| Filing 24 MINUTE entry before the Honorable Thomas M. Durkin:Defendant's agreed motion for extension of time to 6/21/2018 to answer or otherwise plead #22 is granted. Joint status report is now due by 6/26/2018. The 6/6/2018 status hearing is vacated and reset for 6/28/2018 at 09:00 AM.No appearance is required on 5/10/2018. Mailed notice (srn, ) |
| Filing 23 NOTICE of Motion by Bradley C. Graveline for presentment of motion for extension of time to file answer #22 before Honorable Thomas M. Durkin on 5/10/2018 at 09:00 AM. (Graveline, Bradley) |
| Filing 22 MOTION by Defendant Innovus Pharmaceuticals, Inc. for extension of time to file answer AGREED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT (Graveline, Bradley) |
| Filing 21 MINUTE entry before the Honorable Thomas M. Durkin:Defendant's agreed motion for extension of time to 5/21/2018 to answer the first amended complaint #19 is granted. No appearance is required on 4/2/2018. The 5/2/2018 status date is vacated and reset for 6/6/2018 at 09:00 AM. Joint status report is to be filed by 6/1/2018. Mailed notice (srn, ) |
| Filing 20 NOTICE of Motion by Bradley C. Graveline for presentment of motion for extension of time to file answer #19 before Honorable Thomas M. Durkin on 4/2/2018 at 09:00 AM. (Graveline, Bradley) |
| Filing 19 MOTION by Defendant Innovus Pharmaceuticals, Inc. for extension of time to file answer AGREED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT (Graveline, Bradley) |
| Filing 18 ATTORNEY Appearance for Defendant Innovus Pharmaceuticals, Inc. by Bradley C. Graveline (Graveline, Bradley) |
| Filing 16 SUMMONS Returned Executed by James L. Yeager, Midwest Research Laboratories, LLC as to Innovus Pharmaceuticals, Inc. on 2/27/2018, answer due 3/20/2018. (Berger Zerman, Beth Ann) |
| Filing 17 MINUTE entry before the Honorable Thomas M. Durkin:Midwest Research Lab's motion to withdraw as attorney #13 is granted. Motion hearing held on 3/1/2018. Attorney Timothy John Keiser and Lance D. Northcutt terminated. Joint status report due by 4/26/2018. Status hearing set for 5/2/2018 at 09:00 AM.Mailed notice (srn, ) |
| SUMMONS Issued as to Defendant Innovus Pharmaceuticals, Inc. (pg, ) |
| Filing 15 AMENDED complaint by James L. Yeager, Midwest Research Laboratories, LLC against Innovus Pharmaceuticals, Inc. (Attachments: #1 Exhibit A)(Circeo, Lisa) |
| Filing 14 NOTICE of Motion by Lance D. Northcutt for presentment of motion to withdraw as attorney #13 before Honorable Thomas M. Durkin on 3/1/2018 at 09:00 AM. (Northcutt, Lance) |
| Filing 13 MOTION by Attorney Lance Northcutt and Timothy Keiser to withdraw as attorney for Midwest Research Laboratories, LLC, James L. Yeager. No party information provided (Northcutt, Lance) |
| Filing 12 ATTORNEY Appearance for Plaintiffs Midwest Research Laboratories, LLC, James L. Yeager by Beth Ann Berger Zerman (Berger Zerman, Beth Ann) |
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Filing 11
ORDER: Joint status report due by 3/19/2018. Status hearing set for 3/22/2018 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 2/8/2018:Mailed notice(srn, )
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| Filing 10 MINUTE entry before the Honorable Thomas M. Durkin:Application to appear pro hac vice #9 is granted; Michael T. Collis added for plaintiffs.Mailed notice (srn, ) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14074596. (Collis, Michael) |
| Filing 8 MINUTE entry before the Honorable Thomas M. Durkin:Application to appear pro hac vice #7 is granted; Attorney Lisa Erickson Circeo for Midwest Research Laboratories, LLC, and for James L. Yeager added. Mailed notice (srn, ) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14069188. (Circeo, Lisa) |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (tt, ) |
| Filing 5 ATTORNEY Appearance for Plaintiffs MIDWEST RESEARCH LABORATORIES, JAMES L YEAGER by Timothy John Keiser (Keiser, Timothy) |
| Filing 4 ATTORNEY Appearance for Plaintiffs MIDWEST RESEARCH LABORATORIES, JAMES L YEAGER by Robert E Salyer (Salyer, Robert) |
| Filing 3 ATTORNEY Appearance for Plaintiffs MIDWEST RESEARCH LABORATORIES, JAMES L YEAGER by Lance D. Northcutt (Northcutt, Lance) |
| Filing 2 CIVIL Cover Sheet (Northcutt, Lance) |
| Filing 1 COMPLAINT filed by JAMES L YEAGER; Jury Demand. Filing fee $ 400, receipt number 0752-14022041. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit)(Northcutt, Lance) |
| SUMMONS Issued as to Defendant INNOVUS PHARMACEUTICALS. (kms) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable M. David Weisman. (jjr, ) |
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