America's Health and Resource Center Limited et al v. Alcon Laboratories Incorporated et al
| Affiliated Health Group Limited, America's Health and Resource Center Limited and Digital Messaging Solutions Inc. |
| Alcon Laboratories Incorporated, Novartis Pharmaceuticals Corporation and Unknown Parties |
| 1:2018cv05084 |
| July 25, 2018 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| Thomas M Durkin |
| John Z Lee |
| Other Statutory Actions |
| 02 U.S.C. § 431 |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 23, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 58 MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 5/23/2019. By agreement of the parties and for the reasons stated in open court this action is hereby dismissed. Civil case terminated. Mailed notice (srn, ) |
| Filing 57 MINUTE entry before the Honorable Thomas M. Durkin:On joint request from counsel, the 5/22/2019 status hearing is vacated and reset for 5/23/2019 at 09:00 AM.Mailed notice (srn, ) |
| Filing 56 MINUTE entry before the Honorable Thomas M. Durkin: Status hearing set for 5/22/2019 at 09:00 AM.Mailed notice (srn, ) |
| Filing 55 MINUTE entry before the Honorable Young B. Kim: All matters relating to the referral of this action having been concluded, the referral is closed. The case is returned to the assigned District Judge so that the case may be terminated. Mailed notice (ma,) |
|
Filing 54
TRANSCRIPT OF PROCEEDINGS held on 12-17-2018 before the Honorable Young B. Kim. Order Number: 34123. Court Reporter Contact Information: Pamela S. Warren http://www.ilnd.uscourts.gov/transcript-order-form.aspx. |
| Filing 53 MINUTE entry before the Honorable Young B. Kim: In light of the status report, (R. 52), Plaintiffs now have until May 15, 2019, to complete their discovery efforts in this case pertaining to DMS. This is a firm deadline. Unless there is a new filing prior to May 15, 2019, in this case, the court will terminate the referral and return the matter to the assigned District Judge so that the matter can be closed. If Plaintiffs wish to file a motion for leave to serve an amended subpoena on WFI, they should do so in 16 CV 4539. Mailed notice (ma,) |
| Filing 52 STATUS Report Regarding Third-Party Subpoena Respondent DMS' Discovery Compliance by America's Health and Resource Center Limited (Attachments: #1 Exhibit Exhibit A)(Stemper, Molly) |
|
Filing 51
TRANSCRIPT OF PROCEEDINGS held on 12-17-2018 before the Honorable Young B. Kim. Order Number: 34123. Court Reporter Contact Information: Pamela S. Warren http://www.ilnd.uscourts.gov/transcript-order-form.aspx. |
| Filing 50 SEALED TRANSCRIPT OF PROCEEDINGS held on 03-14-2019 before the Honorable Maria Valdez. Order Number: 34037. Court Reporter Contact Information: Pamela S. Warren http://www.ilnd.uscourts.gov/transcript-order-form.aspx. 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 4/15/2019. Redacted Transcript Deadline set for 4/25/2019. Release of Transcript Restriction set for 6/24/2019. (Warren, Pamela) |
| Filing 49 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' unopposed motion for extension of time #48 is granted. (Plaintiffs are reminded that pursuant to Local Rule 5.3(b), a notice of motion must accompany every motion, even if a motion is an agreed motion, so that it may be heard in open court in a timely manner if necessary.) Plaintiffs now have until April 1, 2019, to complete the third-party discovery the court permitted, (see R. 47), and to file a status report by April 4, 2019. Mailed notice (ma,) |
| Filing 48 MOTION by Plaintiff America's Health and Resource Center Limited for extension of time (Stemper, Molly) |
| Filing 47 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion to compel and for sanctions #40 is granted in part and denied in part. The court has reviewed the information in connection with this matter and concludes that DMS has responded to the subpoena with the documents it possesses and are in its control. The court does not have sufficient basis to sanction DMS or make DMS perform another search. Plaintiffs were unable to secure the information they were seeking here because DMS's practice has been to delete information (including emails) when such information is no longer necessary for its business operation. However, because the information Dan Horton has provided during status hearings, which the court relied on, was not provided under oath, Plaintiffs have leave to depose Horton, but for no longer than four hours. Also, because the best location for discovering relevant information (if they exist) is DMS's FTP server, the court permits Plaintiffs' computer expert to search the server for any information responsive to the court's order of November 19, 2018. While the court is not in favor of discovery on discovery, given DMS's unusual record retention practice, the court is allowing this to take place. DMS does not oppose Horton's deposition or the examination of its FTP server. The court orders Plaintiffs to complete these tasks by March 1, 2019, and file a status report by March 4, 2019. Mailed notice (Kim, Young) |
| Filing 46 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' unopposed motion to file certain documents under seal #44 is granted. Appearance is not necessary on January 25, 2019, to present this motion. Plaintiffs' are permitted to file Exhibits 1-J, 1-K, 1-L, 1-O, and Group Exhibits 2-21 under seal. Mailed notice (ma,) |
| Filing 45 NOTICE of Motion by Molly Elizabeth Stemper for presentment of motion to seal, #44 before Honorable Young B. Kim on 1/25/2019 at 11:00 AM. (Stemper, Molly) |
| Filing 44 MOTION by Plaintiffs Affiliated Health Group Limited, America's Health and Resource Center Limited to seal certain exhibits to Plaintiffs' motion to compel discovery compliance from third-party subpoena duces tecum respondent Digital Messaging Solutions, Inc. and for other relief (Attachments: #1 Exhibit Ex. 1-J - Public, #2 Exhibit Ex. 1-K - Public, #3 Exhibit Ex. 1-L - Public, #4 Exhibit Ex. 1-O - Public, #5 Exhibit Group Exs. 2-21 - Public)(Stemper, Molly) |
| Filing 43 SEALED EXHIBIT by Plaintiffs Affiliated Health Group Limited, America's Health and Resource Center Limited regarding text entry,, #42 (Attachments: #1 Exhibit Ex. 1-J, #2 Exhibit Ex. 1-K, #3 Exhibit Ex. 1-L, #4 Exhibit Ex. 1-O, #5 Exhibit Group Ex. 2, #6 Exhibit Group Ex. 3, #7 Exhibit Group Ex. 4, #8 Exhibit Group Ex. 5, #9 Exhibit Group Ex. 6, #10 Exhibit Group Ex. 7, #11 Exhibit Group Ex. 8, #12 Exhibit Group Ex. 8a, #13 Exhibit Group Ex. 9, #14 Exhibit Group Ex. 10, #15 Exhibit Group Ex. 11, #16 Exhibit Group Ex. 12, #17 Exhibit Group Ex. 13, #18 Exhibit Group Ex. 14, #19 Exhibit Group Ex. 15, #20 Exhibit Group Ex. 16, #21 Exhibit Group Ex. 17, #22 Exhibit Group Ex. 18, #23 Exhibit Group Ex. 19, #24 Exhibit Group Ex. 20, #25 Exhibit Group Ex. 21)(Stemper, Molly) |
| Filing 42 MINUTE entry before the Honorable Young B. Kim: On November 7, 2018, the court advised Plaintiffs that their motion to compel, (R. 1), was missing certain exhibits and that they should check and upload the missing exhibits, (R. 38 at 17). The docket still shows that Exhibits 1-J, 1-K, and 1-L to the motion to compel are still missing. (See R. 1; R. 14, Attach. No. 1.) Plaintiffs are directed to upload these three exhibits to the docket by January 21, 2019, to complete the record. Mailed notice (ma,) |
| Filing 41 RESPONSE by Digital Messaging Solutions Inc.in Opposition to MOTION to compel #40 Continuing Motion to Compel (Hayes, William) |
| Filing 40 Plaintiffs' Continuing Motion to Compel Subpoena Duces Tecum Respondent Digital Messaging Solutions, Inc.'s Discovery Compliance and for Sanctions by Affiliated Health Group Limited, America's Health and Resource Center Limited (Cohen, Daniel) Modified on 1/10/2019 (mc, ). |
| Filing 39 MINUTE entry before the Honorable Young B. Kim:Status hearing held by phone. Plaintiffs advised the court that Respondent Digital Messaging Solutions, Inc. ("DMS") failed to comply with the courts order of November 19, 2018. Plaintiffs have until January 4, 2019, to file their motion for sanctions against DMS and DMS has until January 14, 2019, to file a response thereto. The court may rule electronically.Mailed notice (lxs, ) |
|
Filing 38
TRANSCRIPT OF PROCEEDINGS held on 11-07-2018 before the Honorable Young B. Kim. Order Number: 32910. Court Reporter Contact Information: Pamela S. Warren http://www.ilnd.uscourts.gov/transcript-order-form.aspx. |
| Filing 37 RESPONSE by Plaintiff Digital Messaging Solutions Inc. To The Court's 11/19/18 Order (Hayes, William) |
Filing 36
ORDER Signed by the Honorable Young B. Kim on 11/19/2018. (ma,)
|
| Filing 35 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion to compel #1 is granted in part and denied in part. Enter Order. Subpoena Respondent Digital Messaging Solutions, Inc. ("DMS") has until December 10, 2018, to comply with this order. A status hearing is scheduled for December 17, 2018, at 2:00 p.m. (C.S.T.) by phone to determine whether DMS's obligations have been fully satisfied. Mailed notice (ma,) |
| Filing 34 SUPPLEMENT to in court hearing, #33 Plaintiffs' supplemental brief in support of their motion to compel directed to third-party subpoena duces tecum respondent Digital Messaging Solutions, Inc. (Attachments: #1 Exhibit A - Portions of Transcript of PFN 30 (b) (6) deposition, #2 Exhibit B - Portions of Transcript of DRL 30 (b) (6) depositions)(Cohen, Daniel) |
| Filing 33 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. Plaintiffs' motion to compel #1 is taken under advisement. Parties may file a supplemental brief based on the in -court discussion by November 12, 2018. Mailed notice (ma,) |
| Filing 32 MINUTE entry before the Honorable Young B. Kim: A hearing on Plaintiffs' motion to compel #1 is scheduled for November 7, 2018, at 2:00 p.m. in courtroom 1019. Respondent Digital Messaging Solutions Inc. ("DMS") may appear for the hearing by phone. DMS is ordered to have a representative who is knowledgeable about its business operation available in person or by phone for the hearing. The conference call number for the motion hearing is (877) 336-1839 and the passcode is 4333213. Mailed notice (ma,) |
| Filing 31 MINUTE entry before the Honorable Thomas M. Durkin:Motion to appear pro hac vice #25 is granted; Attorney William B. Hayes for Digital Messaging Solutions, Inc. added. Mailed notice (srn, ) |
| Filing 30 RESPONSE by Plaintiff Digital Messaging Solutions Inc. To Motion To Compel (Hayes, William) |
| Filing 29 RESPONSE by Digital Messaging Solutions Inc.in Opposition to MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15100312. #25 This is DMS's Response (Hayes, William) |
| Filing 28 RESPONSE by Digital Messaging Solutions Inc.in Opposition to MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15100312. #25 (Hayes, William). Modified on 1/10/2019 (mc, ). |
| Filing 27 ATTORNEY Appearance for Plaintiffs Affiliated Health Group Limited, America's Health and Resource Center Limited by Daniel J. Cohen (Cohen, Daniel) . Modified on 1/10/2019 (mc, ). |
| Filing 26 ATTORNEY Appearance for Plaintiffs Affiliated Health Group Limited, America's Health and Resource Center Limited by Molly Elizabeth Stemper (Stemper, Molly) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15100312. (Hayes, William) |
| Filing 24 ATTORNEY Appearance for Defendants Alcon Laboratories Incorporated, Novartis Pharmaceuticals Corporation by Kyle L Flynn (Flynn, Kyle) |
| Filing 23 ATTORNEY Appearance for Defendants Alcon Laboratories Incorporated, Novartis Pharmaceuticals Corporation by Gregory Edward Ostfeld (Ostfeld, Gregory) |
| Filing 22 MINUTE entry before the Honorable Young B. Kim: Subpoena Respondent Digital Messaging Solutions, Inc. ("DSM") is ordered to file a response to Plaintiffs' motion to compel compliance with their subpoena, (R. 1), by October 25, 2018. A courtesy copy of this order is emailed to DSM's attorney William B. Hayes (sqhayes@aol.com). Attorney Hayes is also directed to file his appearance in this matter by no later than October 25, 2018. Mailed notice (ma,) |
| Filing 21 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery motions and discovery supervision.(srn, )Mailed notice. |
| E-MAILED a courtesy copy of today's order to DSM's attorney William B. Hayes (sqhayes@aol.com). (ma,) |
| Filing 20 MINUTE entry before the Honorable John Z. Lee:The status hearing set for 9/11/18 is stricken.Mailed notice (ca, ) |
| Filing 19 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Thomas M. Durkin for all further proceedings. Honorable John Z. Lee no longer assigned to the case. Signed by Executive Committee on 8/9/2018.(ks, ) Modified on 8/9/2018 (ks, ). |
| Filing 18 MINUTE entry before the Honorable John Z. Lee:Initial status hearing set for 9/11/18 at 9:00 a.m. The parties are directed to file an initial status report as set forth in the Judge's standing order four business days prior to the status hearing.Mailed notice (ca, ) |
| Filing 17 MAILED etransferin83ltr to all counsel of record. (nsf, ) |
| Filing 16 RECEIVED from Arizona; Case Number 4:18-mc-00006 (nsf) |
|
Filing 15
ORDER pursuant to Rule 45(f) of the Federal Rules of Civil Procedure, Plaintiffs Motion (Doc. #1 ) is GRANTED to the extent that this matter is transferred to the United States District Court for the Northern District of Illinois, Eastern Division. The Clerk of Court is directed to take all necessary steps to ensure the prompt transfer of this action to the United States District Court for the Northern District of Illinois, Eastern Division. Signed by Judge Jennifer G Zipps on 5/16/2018. (See attached Order for details) (KEP) [Transferred from Arizona on 7/25/2018.]
|
| Filing 14 Sealed Document: Exhibits re: #1 Motions to Compel Compliance with Subpoena Duces Tecum - FRCVP 37(a) and 45(c)(2)(B) and Motion for Order Transferring Plaintiffs' Motion to Compel by Affiliated Health Group Limited, America's Health and Resource Center Limited. (Attachments: #1 Group Exhibit 3, #2 Group Exhibit 4, #3 Group Exhibit 5, #4 Group Exhibit 6, #5 Group Exhibit 7, #6 Group Exhibit 8 Part 1, #7 Group Exhibit 8 Part 2, #8 Group Exhibit 9, #9 Group Exhibit 10, #10 Group Exhibit 11, #11 Group Exhibit 12, #12 Group Exhibit 13, #13 Group Exhibit 14, #14 Group Exhibit 15, #15 Group Exhibit 16, #16 Group Exhibit 17, #17 Group Exhibit 18, #18 Group Exhibit 19, #19 Group Exhibit 20, #20 Group Exhibit 21)(MFR) [Transferred from Arizona on 7/25/2018.] |
|
Filing 13
ORDER that Plaintiffs' Motion to File Under Seal (Doc. #9 ) the documents lodged at Doc. 10 is GRANTED. Signed by Judge Jennifer G Zipps on 5/16/2018. (MFR) [Transferred from Arizona on 7/25/2018.]
|
| Filing 12 Summons Issued as to Digital Messaging Solutions, Inc. (KEP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 7/25/2018.] |
| Filing 11 SUMMONS Submitted by Affiliated Health Group Limited, America's Health and Resource Center Limited. (Gantman, Molly) [Transferred from Arizona on 7/25/2018.] |
| Filing 9 * MOTION to Seal Document by Affiliated Health Group Limited, America's Health and Resource Center Limited. (Attachments: #1 Text of Proposed Order)(Gantman, Molly) *Modified to correct reference to related document on 5/10/2018 (KEP). [Transferred from Arizona on 7/25/2018.] |
| Filing 8 Corporate Disclosure Statement by Affiliated Health Group Limited. (Gantman, Molly) [Transferred from Arizona on 7/25/2018.] |
| Filing 7 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Affiliated Health Group Limited. (KEP) [Transferred from Arizona on 7/25/2018.] |
| Filing 6 Additional Attachments to Main Document re: #1 MOTION to Compel, 4 Notice of Deficiency (Text Only),, Automated Civil Cover Sheet by Plaintiffs Affiliated Health Group Limited, America's Health and Resource Center Limited. (Gantman, Molly) [Transferred from Arizona on 7/25/2018.] |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 MOTION to Compel filed by America's Health and Resource Center Limited, Affiliated Health Group Limited. Document not in compliance with LRCiv 7.1(a)(3). Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KEP) [Transferred from Arizona on 7/25/2018.] |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 MOTION to Compel filed by America's Health and Resource Center Limited, Affiliated Health Group Limited. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile with correct PDF document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KEP) [Transferred from Arizona on 7/25/2018.] |
| Remark: Pro hac vice motion granted for Molly Gantman on behalf of movants. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 7/25/2018.] |
| Filing 3 Filing fee paid, receipt number 0970-15465384. This case has been assigned to the Honorable Jennifer G Zipps. All future pleadings or documents should bear the correct case number: MC-18-0006-TUC-JGZ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KEP) [Transferred from Arizona on 7/25/2018.] |
| Filing 2 Corporate Disclosure Statement by America's Health and Resource Center Limited. (Gantman, Molly) (KEP) [Transferred from Arizona on 7/25/2018.] |
| Filing 1 Miscellaneous Case Opening Regarding: Motions to Compel Compliance with Subpoena Duces Tecum - FRCVP 37(a) and 45(c)(2)(B) and Motion for Order Transferring Plaintiffs' Motion to Compel. Case Opening Fee Received: $ 47.00 receipt number 0970-15465384 filed by America's Health and Resource Center Limited, Affiliated Health Group Limited. (Gantman, Molly) (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D, #6 Exhibit 1-E, #7 Exhibit 1-G, #8 Exhibit 1-H, #9 Exhibit 1-I, #10 Exhibit 1-M, #11 Exhibit 1-N, #12 Exhibit 1-P, #13 Exhibit 1-Q, #14 Exhibit 1-R, #15 Exhibit 1-S, #16 Exhibit 1-T, #17 Exhibit 1-U, #18 Exhibit 22, #19 Exhibit 23, #20 Exhibit 24, #21 Exhibit 25, #22 Exhibit 26, #23 Exhibit 27, #24 Exhibit 28, #25 Exhibit 29)(KEP) [Transferred from Arizona on 7/25/2018.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
