Melinta Therapeutics, LLC et al v. Nexus Pharmaceuticals, Inc.
| MELINTA THERAPEUTICS, LLC, Melinta Subsidiary Corp. and Rempex Pharmaceuticals, Inc. |
| Nexus pharmaceuticals, Inc., PHV IMRON T. ALY, PHV JOEL M. WALLACE, PHV HA KUNG WONG, PHV DAMIEN N. DOMBROWSKI, PHV MONICA CHOU, Imron T Aly, Joel M Wallace, Ha Kung Wong, Damien N Dombrowski and Monica Shou |
| 1:2021cv05995 |
| November 9, 2021 |
| US District Court for the Northern District of Illinois |
| Sharon Johnson Coleman |
| Ronald A Guzman |
| Patent - Abbreviated New Drug Application(ANDA) |
| 35 U.S.C. § 271 |
| None |
Docket Report
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| Filing 46 MAIL RETURNED, for document #41 sent to James S. Richter returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form (jg, ) |
| Filing 45 MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing set for 12/3/2021 is stricken. Mailed notice. (ym, ) |
| Filing 44 STATUS Report by Melinta Subsidiary Corp., Melinta Therapeutics, LLC, Rempex Pharmaceuticals, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Anderson, Brian) |
| Filing 43 MINUTE entry before the Honorable Sharon Johnson Coleman: Because this case was transferred to this Court on 11/9/2021, the Court strikes the pending motions from the District Court of New Jersey action, including the motions filed under that district's local rules. Mailed notice. (ym, ) |
| Filing 42 ATTORNEY Appearance for Plaintiffs MELINTA THERAPEUTICS, LLC, Melinta Subsidiary Corp., Rempex Pharmaceuticals, Inc. by Brian Neil Anderson (Anderson, Brian) |
| Filing 41 MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Telephone status hearing is set for 12/3/2021 at 10:45 AM. The call-in number is (877)336-1829 and the access code is 5205245. The parties are directed to meet and discuss the status of the case. The parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov at least 3 days prior to the status. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) |
| Filing 40 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Sharon Johnson Coleman for all further proceedings. Honorable Ronald A. Guzman no longer assigned to the case pursuant to 28 USC 294(b). Signed by Executive Committee on 11/10/2021.(daj, ) |
| Filing 39 MAILED Rule 83.15 Letter to all counsel of record. (nsf, ) |
| Filing 38 RECEIVED from New Jersey; Case Number 2:21-cv-11198 (nsf) |
Filing 37
ORDER dismissing #35 Motion to Dismiss is MOOT; granting in part and denying in part #9 Motion to Dismiss; that this matter is TRANSFERRED to the Northern District of Illinois.. Signed by Judge Brian R. Martinotti on 11/5/2021. (ld, ) [Transferred from New Jersey on 11/9/2021.]
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| Filing 36 OPINION. Signed by Judge Brian R. Martinotti on 11/5/2021. (ld, ) [Transferred from New Jersey on 11/9/2021.] |
| ***Civil Case Terminated. (ld, ) [Transferred from New Jersey on 11/9/2021.] |
| Set Deadlines as to #35 MOTION to Dismiss Count 1 of the Complaint. Motion set for 12/6/2021 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, ) [Transferred from New Jersey on 11/9/2021.] |
| Filing 35 MOTION to Dismiss Count 1 of the Complaint by NEXUS PHARMACEUTICALS, INC.. (Attachments: #1 Brief, #2 Declaration of James Richter with Exhibits, #3 Text of Proposed Order)(RICHTER, JAMES) [Transferred from New Jersey on 11/9/2021.] |
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Filing 34
ORDER GRANTING PRO HAC VICE ADMISSION OF HELEN H. JI, ESQ.; that the application for the pro hac vice admission of Helen H. Ji, Esq. [ECF 32], is granted. Signed by Magistrate Judge Andre M. Espinosa on 11/2/2021. (ld, ) [Transferred from New Jersey on 11/9/2021.]
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Filing 33
PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 11/10/2021 03:30 PM before Magistrate Judge Andre M. Espinosa. Amended Pleadings due by 4/1/2022. Joinder of Parties due by 4/1/2022.;etc. Signed by Magistrate Judge Andre M. Espinosa on 10/7/2021. (ld, ) [Transferred from New Jersey on 11/9/2021.]
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| Filing 32 Letter from Midlige Richter LLC re pro hac vice application on consent. (Attachments: #1 Declaration of Helen Ji, #2 Declaration of James Richter, #3 Text of Proposed Order)(RICHTER, JAMES) [Transferred from New Jersey on 11/9/2021.] |
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Filing 31
Discovery Confidentiality Order. Signed by Magistrate Judge Andre M. Espinosa on 9/30/2021. (ld, ) [Transferred from New Jersey on 11/9/2021.]
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| Filing 30 Letter from Liza M. Walsh to the Hon. Andre M. Espinosa, U.S.M.J. re: Proposed Discovery Confidentiality Order. (WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
| Filing 29 Letter from Liza M. Walsh Hon. Andre M. Espinosa, U.S.M.J.. (Attachments: #1 Text of Proposed Order)(WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
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Filing 28
ORDER that Plaintiffs' request for expedited discovery on Count I of the Complaint is DENIED; that Defendant's request for a stay of discovery is DENIED; that Plaintiffs' request that the Court order Defendant to provide Plaintiffs with notice of Defendant's launch of its generic product is DENIED; that the Court will hold a status conference on November 10, 2021, at 3:30 p.m.. Signed by Magistrate Judge Andre M. Espinosa on 9/20/2021. (ld, ) [Transferred from New Jersey on 11/9/2021.]
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| Filing 27 Joint Discovery Plan by All Plaintiffs.(WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
| Minute Entry for proceedings held before Magistrate Judge Andre M. Espinosa: Scheduling Conference held on 9/10/2021. Scheduling Order to be filed. (spc) [Transferred from New Jersey on 11/9/2021.] |
| Pro Hac Vice counsel, HA KUNG WONG, DAMIEN N. DOMBROWSKI and MONICA CHOU, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jc, ) [Transferred from New Jersey on 11/9/2021.] |
| Filing 26 Notice of Request by Pro Hac Vice Monica Chou to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12784712.) (WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
| Filing 25 Notice of Request by Pro Hac Vice Damien N. Dombrowski to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12784707.) (WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
| Filing 24 Notice of Request by Pro Hac Vice Ha Kung Wong to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12784698.) (WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
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Filing 23
ORDER GRANTING PRO HAC VICE ADMISSION OF HA KUNG WONG, ESQ., DAMIEN N. DOMBROWSKI, ESQ., AND MONICA CHOU, ESQ.. Signed by Magistrate Judge Andre M. Espinosa on 9/8/2021. (ld, ) [Transferred from New Jersey on 11/9/2021.]
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| Filing 22 Notice of Request by Pro Hac Vice Joel M. Wallace to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12781390.) (RICHTER, JAMES) [Transferred from New Jersey on 11/9/2021.] |
| Filing 21 Notice of Request by Pro Hac Vice Imron T. Aly to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12781378.) (RICHTER, JAMES) [Transferred from New Jersey on 11/9/2021.] |
| Pro Hac Vice counsel, IMRON T. ALY, ESQ. and JOEL M. WALLACE, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, ) [Transferred from New Jersey on 11/9/2021.] |
| Filing 20 Joint Discovery Plan by All Plaintiffs.(WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
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Filing 19
TEXT ORDER -- The telephonic R16 conference scheduled in DE #15 Order will now take place on Friday September 10, 2021 at 10:00 AM with the same call in information. So Ordered by Magistrate Judge Andre M. Espinosa on 9/2/2021. (spc) [Transferred from New Jersey on 11/9/2021.]
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| Filing 18 Letter from Liza M. Walsh to the Hon. Andre M. Espinosa, U.S.M.J. re: Pro Hac Vice Application on Consent. (Attachments: #1 Certification of Ha Kung Wong, #2 Certification of Damien N. Dombrowski, #3 Certification of Monica Chou, #4 Certification of Liza M. Walsh, #5 Text of Proposed Order)(WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
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Filing 17
ORDER GRANTING PRO HAC VICE ADMISSION OF IMRON T. ALY, ESQ. AND JOEL M. WALLACE, ESQ.. Signed by Magistrate Judge Andre M. Espinosa on 8/30/2021. (ld, ) [Transferred from New Jersey on 11/9/2021.]
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| Filing 16 Letter from Midlige Richter LLC re pro hac vice application on consent. (Attachments: #1 Declaration of Imron Aly, #2 Declaration of Joel Wallace, #3 Declaration of James Richter, #4 Text of Proposed Order)(RICHTER, JAMES) [Transferred from New Jersey on 11/9/2021.] |
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Filing 15
ORDER Scheduling Initial R16 Conference for 9/8/2021 03:00 PM before Magistrate Judge Andre M. Espinosa. Signed by Magistrate Judge Andre M. Espinosa on 8/13/2021. (spc) [Transferred from New Jersey on 11/9/2021.]
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| Filing 14 REPLY BRIEF to Opposition to Motion filed by NEXUS PHARMACEUTICALS, INC. re #9 MOTION to Dismiss pursuant to Fed.R.Civ.P. 12(b)(3) and to transfer venue (RICHTER, JAMES) [Transferred from New Jersey on 11/9/2021.] |
| Filing 13 Letter from Midlige Richter to the Honorable Andre M. Espinosa, USMJ re response re #11 Letter. (RICHTER, JAMES) [Transferred from New Jersey on 11/9/2021.] |
| Filing 12 BRIEF in Opposition filed by All Plaintiffs re #9 MOTION to Dismiss pursuant to Fed.R.Civ.P. 12(b)(3) and to transfer venue (Corrected) (WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
| Filing 11 Letter from Liza M. Walsh to Hon. Andre M. Espinoza, U.S.M.J.. (WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
| Filing 10 BRIEF in Opposition filed by All Plaintiffs re #9 MOTION to Dismiss pursuant to Fed.R.Civ.P. 12(b)(3) and to transfer venue (WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
| Set Deadlines as to #9 MOTION to Dismiss pursuant to Fed.R.Civ.P. 12(b)(3) and to transfer venue. Motion set for 8/2/2021 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, ) [Transferred from New Jersey on 11/9/2021.] |
| Filing 9 MOTION to Dismiss pursuant to Fed.R.Civ.P. 12(b)(3) and to transfer venue by NEXUS PHARMACEUTICALS, INC.. (Attachments: #1 Brief, #2 Declaration of James Richter with Exhibits, #3 Text of Proposed Order)(RICHTER, JAMES) [Transferred from New Jersey on 11/9/2021.] |
| Clerk`s Text Order - The #8 Application for Clerk's Order to Ext Answer/Proposed Order submitted by NEXUS PHARMACEUTICALS, INC. has been GRANTED. The answer due date has been set for 7/1/2021. (jc, ) [Transferred from New Jersey on 11/9/2021.] |
| Filing 8 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant Nexus Pharmaceuticals, Inc... (RICHTER, JAMES) [Transferred from New Jersey on 11/9/2021.] |
| Filing 7 NOTICE of Appearance by JAMES S. RICHTER on behalf of NEXUS PHARMACEUTICALS, INC. (RICHTER, JAMES) [Transferred from New Jersey on 11/9/2021.] |
| Filing 6 SUMMONS Returned Executed by MELINTA THERAPEUTICS, LLC, REMPEX PHARMACEUTICALS, INC., MELINTA SUBSIDIARY CORP.. NEXUS PHARMACEUTICALS, INC. served on 5/27/2021, answer due 6/17/2021. (WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
| Filing 5 NOTICE of Appearance by WILLIAM T. WALSH, JR on behalf of MELINTA SUBSIDIARY CORP., MELINTA THERAPEUTICS, LLC, REMPEX PHARMACEUTICALS, INC. (WALSH, WILLIAM) [Transferred from New Jersey on 11/9/2021.] |
| Filing 4 AO120 Patent/Trademark Form filed. (Attachments: #1 Complaint and Exhibits) (jc, ) [Transferred from New Jersey on 11/9/2021.] |
| Filing 3 SUMMONS ISSUED as to NEXUS PHARMACEUTICALS, INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jc, ) [Transferred from New Jersey on 11/9/2021.] |
| Judge Brian R. Martinotti and Magistrate Judge Andre M. Espinosa added. (ps) [Transferred from New Jersey on 11/9/2021.] |
| Filing 2 Corporate Disclosure Statement by MELINTA SUBSIDIARY CORP., MELINTA THERAPEUTICS, LLC, REMPEX PHARMACEUTICALS, INC.. (WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
| Filing 1 COMPLAINT against NEXUS PHARMACEUTICALS, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12461448), filed by MELINTA THERAPEUTICS, LLC, REMPEX PHARMACEUTICALS, INC., MELINTA SUBSIDIARY CORP.. (Attachments: #1 Exhibit A-D, #2 Civil Cover Sheet, #3 AO120 Form)(WALSH, LIZA) [Transferred from New Jersey on 11/9/2021.] |
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