ROCHE DIAGNOSTICS CORP. et al v. BINSON'S HOSPITAL SUPPLIES, INC. et al
| ROCHE DIAGNOSTICS CORP and ROCHE DIABETES CARE, INC. |
| BINSON'S HOSPITAL SUPPLIES, INC, BINSON'S HOSPITAL SUPPLIES, INC., OLYMPUS GLOBAL, LLC, DELTA GLOBAL, LLC, ALPHA XE LLC, J&B MEDICAL SUPPLY CO., INC., KENNETH G. FASSE, DONNIE E. DICKSTEIN, JAMES E. BINSON, JAMES E. BINSON II, NICHOLAS B. BINSON, ROBERT A. BINSON, CHRISTOPHER F. SHAYA, FAWZI B. SHAYA, MARY E. SHAYA, DANIEL GLADYS, JEREMIAH MANKOPF and PHARMACY JOHN DOES 1-50 |
| ROCHE DIAGNOSTICS CORP. |
| NORTHWOOD, INC. |
| SAHILY PAOLINE |
| 1:2017cv00949 |
| March 28, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Larry J McKinney |
| Tanya Walton Pratt |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Defendant |
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Filing 219
ORDER - Upon consideration of the parties' #218 Corrected Joint Stipulation of Dismissal, it is hereby ORDERED that all remaining claims for relief are dismissed without prejudice and without costs. Signed by Judge Tanya Walton Pratt on 3/13/2019.(NAD)
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| Filing 218 STIPULATION of Dismissal CORRECTED Joint Stipulation, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP., Counter Defendants ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Text of Proposed Order)(Potter, Geoffrey) |
| Filing 217 STIPULATION of Dismissal , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP., Counter Defendants ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Text of Proposed Order)(Potter, Geoffrey) |
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Filing 216
ORDER TO SHOW CAUSE - On February 6, 2019, parties notified the Court that a settlement had been reached in this matter. Parties were ordered to file to file a stipulation of dismissal or motion to dismiss within thirty days (dkt. #215 ). As of today's date, a stipulation of dismissal has not been filed, nor have the parties requested an extension of time. Parties are ordered to file a response to this Order to Show Cause or the stipulation of dismissal on or before March 25, 2019. Failure to do so will result in dismissal of this matter. Signed by Judge Tanya Walton Pratt on 3/11/2019.(NAD)
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Filing 215
ORDER Directing Filing of Documents Authorizing Dismissal: The court has been notified that the parties have agreed to a settlement of this case. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED. Within thirty days of the date of this entry, counsel for the plaintiff shall file a motion to dismiss this cause and submit an order for the court's signature ordering the dismissal of this action or a stipulation of dismissal (consistent with the agreement of the parties). Signed by Magistrate Judge Debra McVicker Lynch on 2/6/2019. (SWM)
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Filing 214
ORDER on Motion to Seal: In support of their reply in support of their cross-motion for partial summary judgment, the defendants rely on a document that was designated "attorney's eyes only" by plaintiffs in the course of discovery. Plaintiffs consent to the unsealing of exhibit SS to the declaration of Carina M. Kraatz (Dkt. 213). Therefore, the court DENIES the motion to seal (Dkt. #209 ). The Clerk is directed to unseal Dkt. 208 and the exhibits thereto. Signed by Magistrate Judge Debra McVicker Lynch on 1/24/2019. (SWM)
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| Filing 213 Designation of Evidence re #209 MOTION to Maintain Document Under Seal #208 SEALED Document (Case Participants - doc) Roche's Consent To Unsealing Of Exhibit SS to the Declaration of Carina M. Kraatz in Support of Defendants Reply in Support of Defendants Cross-Motion for Partial Summary Judgment, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
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Filing 212
Entry and Order from Discovery Conference - The parties, by counsel, appeared for a discovery conference on January 14, 2019, with the magistrate judge. The court heard arguments of counsel regarding dispute over a deposition and provided guidance on resolution. If the parties cannot resolve the matter by January 23, 2019, consistent with that guidance, the defendants must file a motion for protective order. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
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Filing 211
ORDER Setting Discovery Conference: At the request of counsel, the court sets this case for a discovery conference on Monday January 14, 2019, at 11:30 a.m. (Eastern), to be conducted by telephone with Magistrate Judge Debra McVicker Lynch. Counsel should call 888- 363-4734 - access code 5451691 to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch on 1/14/2019.(SWM)
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| Filing 210 BRIEF/MEMORANDUM in Support re #209 MOTION to Maintain Document Under Seal #208 SEALED Document (Case Participants - doc) , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
| Filing 209 MOTION to Maintain Document Under Seal #208 SEALED Document (Case Participants - doc) , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to Maintain Under Seal)(Betz, Tracy) |
| Filing 208 *** UNSEALED PER ORDER DATED 1/24/2019 *** SEALED Exhibits, re #207 Reply in Support of Motion, filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Attachments: #1 Exhibit PP- August 27, 2015 Email Correspondence, #2 Exhibit July 10, 2014 Email Correspondence, #3 Exhibit RR- July 9, 2014 Email Correspondence, #4 Exhibit SS- July 9, 2014 Email Correspondence)(Betz, Tracy) Modified on 1/24/2019 (SWM). |
| Filing 207 REPLY in Support of Motion re #191 CROSS MOTION for Partial Summary Judgment (brief), filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC. (Betz, Tracy) Modified on 1/8/2019 (TRG). |
| Filing 206 REPLY in Support of Motion re #175 MOTION for Partial Summary Judgment , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
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Filing 205
ORDER denying Plaintiffs' #202 Motion Seal. In support of their motion for partial summary judgment and in opposition to defendants' cross-motion for partial summary judgment, the plaintiffs rely on certain documents that were designated as confidential by defendants in the course of discovery. Defendants did not file a brief in support of maintaining exhibits 45- 48, 50, and 55-56 to the declaration of Geoffrey Potter under seal. The court therefore DENIES the motion to seal (Dkt. 202). At the end of the period set by Local Rule 5-11(g), the Clerk is directed to unseal Dkt. 201 and the exhibits thereto. Signed by Magistrate Judge Debra McVicker Lynch on 1/4/2019. (SWM)
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| Filing 203 Submission of Proposed Order , re #202 MOTION to Maintain Document Under Seal #201 SEALED Document (Case Participants - doc) , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
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Filing 204
ORDER granting in part and denying in part Defendant Bison's #193 Motion to. Seal. The Clerk is directed to maintain under seal the following documents: Dkts. 192-1, 192-2, 192-3, 192-4, 192-6, 192-7, 192- 8, 192-9, 192-11, 192-12, 192-13, 192-14, 192-15, 192-16, 192-17, 192-18, and 192- 19. The Clerk is directed to unseal Dkts. 192-5 and 192-10. See Order for additional information. Signed by Magistrate Judge Debra McVicker Lynch on 12/19/2018. (SWM)
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| Filing 202 MOTION to Maintain Document Under Seal #201 SEALED Document (Case Participants - doc) , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
| Filing 201 *** UNSEALED PER DKT . NUMBER #205 *** SEALED Exhibits, re #200 Reply in Support of Motion, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Exhibit 45, #2 Exhibit 46, #3 Exhibit 47, #4 Exhibit 48, #5 Exhibit 50, #6 Exhibit 55, #7 Exhibit 56)(Potter, Geoffrey) Modified on 3/15/2019 (SWM). |
| Filing 200 REPLY in Support of Motion re #167 MOTION for Partial Summary Judgment and in Opposition to Defendants' Cross-Motion for Partial Summary Judgment #191 , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Declaration of Geoffrey Potter, #2 Exhibit 49, #3 Exhibit 51, #4 Exhibit 52, #5 Exhibit 53, #6 Exhibit 54)(Potter, Geoffrey) |
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Filing 199
ORDER granting Parties' #197 Joint Motion to Modify Case Management Plan Deadline. The parties shall file and serve their final witness and exhibit lists on March 2, 2019. Signed by Magistrate Judge Debra McVicker Lynch on 12/13/2018. (SWM)
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| Filing 198 BRIEF/MEMORANDUM in Support re #193 MOTION to Maintain Document Under Seal #192 SEALED Document (Case Participants - doc) , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Exhibit Y, #2 Exhibit Z, #3 Exhibit AA, #4 Exhibit DD, #5 Exhibit GG, #6 Text of Proposed Order)(Potter, Geoffrey) |
| Filing 197 Joint MOTION to Modify a date set by the Case Management Plan. Dkt. No. [142 ], filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Text of Proposed Order)(Potter, Geoffrey) |
| Filing 196 MARGINAL ENTRY - Approving #189 Notice of Withdrawal of Defendants' Motion for Partial Summary Judgment. Dkt. 175 is WITHDRAWN. Signed by Judge Tanya Walton Pratt on 11/29/2018.(NAD) |
| Filing 195 Submission of Proposed Order , re #193 MOTION to Maintain Document Under Seal #192 SEALED Document (Case Participants - doc) , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
| Filing 194 BRIEF/MEMORANDUM in Support re #193 MOTION to Maintain Document Under Seal #192 SEALED Document (Case Participants - doc) , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
| Filing 193 MOTION to Maintain Document Under Seal #192 SEALED Document (Case Participants - doc) , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
| Filing 192 *** DKT. NOS. 192-5 AND 192-10 UNSEALED SEALED. ALL OTHER DKT. NOS. TO REMAIN SEALED PER ORDER DATED 12/19/2018 (DKT. NO. #204 *** Exhibits, re #190 Response in Opposition to Motion, #191 Brief/Memorandum in Support, filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Attachments: #1 Exhibit B- Amendment to Product and Pricing Agreement, #2 Exhibit C- Amendment to Product and Pricing Agreement, #3 Exhibit D- Amendment to Product and Pricing Agreement, #4 Exhibit E- Amendment to Product and Pricing Agreement, #5 Exhibit F- 2013-4-29 Email Correspondence, #6 Exhibit 2014-7-16 Email Correspondence, #7 Exhibit 2014-7-17 Email Correspondence, #8 Exhibit 2014-5-14 Email Correspondence, #9 Exhibit Memorandum of Understanding, #10 Exhibit X- Transcript of Miller, #11 Exhibit Y- Transcript of Barnes, #12 Exhibit Z- Transcript of Ober, #13 Exhibit AA- Transcript of Bell, #14 Exhibit DD- Transcript of Spreitzer, #15 Exhibit GG- Transcript of Kvancz, #16 Exhibit HH- 2014-7-7 Email corresspondence, #17 Exhibit 2014-7-2 Email Correspondence, #18 Exhibit MM- 2014-7-9 Email Correspondence, #19 Exhibit OO- 2014-6-30 Email Correspondence)(Betz, Tracy) Modified on 12/20/2018 (SWM). Modified on 12/20/2018 (SWM). |
| Filing 191 BRIEF/MEMORANDUM in Support of Response in Opposition to Motion re #167 MOTION for Partial Summary Judgment and CROSS MOTION for Partial Summary Judgment, filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Attachments: #1 Exhibit A- 2011-3-18 Email Correspondence, #2 Exhibit H- 2015-7-9 Email Correspondence, #3 Exhibit J- 2014-11-13 Email Correspondence, #4 Exhibit L- Business Insights Report, #5 Exhibit M- 2014-6-17 Email correspondence, #6 Exhibit N- 2013-12-20 Email Correspondence, #7 Exhibit O- Mankopf Transcript, #8 Exhibit Q- 2015-7-15 Email Correspondence, #9 Exhibit R- 2015-8-16 Email Correspondence, #10 Exhibit S- 2015-9-13 Email Correspondence, #11 Exhibit T-2016-4-4 Email Correspondence, #12 Exhibit U- 2015-12-8 Email Correspondence, #13 Exhibit V- 2014-7-15 Email Correspondence, #14 Exhibit W- Invoice, #15 Exhibit BB- McMurty Transcript, #16 Exhibit CC- Minga Transcript, #17 Exhibit EE- Rebuttal to Expert Report, #18 Exhibit FF- Transcript of Jorgenson, #19 Exhibit II- Northwood Customer Review Process, #20 Exhibit JJ- 2014-7-9 Email Correspondence, #21 Exhibit LL- 2014-7-7 Email Correspondence, #22 Exhibit NN- 2014-7-9 Email Correspondence)(Betz, Tracy) Modified on 1/8/2019 (TRG). |
| Filing 190 RESPONSE in Opposition re #167 MOTION for Partial Summary Judgment , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
| Filing 189 NOTICE of Withdrawal of Defendants' Motion for Partial Summary Judgment, filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC., re #176 Brief/Memorandum in Support, #175 MOTION for Partial Summary Judgment . (Betz, Tracy) |
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Filing 188
Order on Motion to Seal: The court GRANTS IN PART AND DENIES IN PART the motion (Dkt. #178 )to seal. See Order for documents to remain sealed and documents to unseal. Signed by Magistrate Judge Debra McVicker Lynch on 11/26/2018. (SWM)
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Filing 187
ORDER - See Order for rulings regarding #174 Stipulation of Dismissal and #186 Joint Stipulation of Partial Dismissal. Signed by Judge Tanya Walton Pratt on 11/26/2018. (NAD)
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| Filing 186 STIPULATION of Dismissal - Amended Joint Stipulation of Partial Dismissal, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Text of Proposed Order)(Potter, Geoffrey) |
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Filing 185
ORDER - granting #183 Joint Motion to Modify Summary Judgment Briefing Schedule and For Leave to File Excess Pages. Upon consideration of Plaintiffs' joint motion for a modification of the summary judgment briefing record and leave to file excess pages, it is hereby ORDERED that for good cause shown the motion is GRANTED and that, upon withdrawal of their Motion for Partial Summary Judgment (Dkt. #175 ), Defendants shall, on or before November 28, 2018, file their Cross-Motion for Partial Summary Judgment and consolidated Brief in Support of Cross-Motion for Partial Summary Judgment and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment, which is not to exceed 45 pages. (See Order for deadlines.) Signed by Judge Tanya Walton Pratt on 11/16/2018. (NAD)
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| Filing 184 BRIEF/MEMORANDUM in Support re #178 MOTION to Maintain Document Under Seal #177 SEALED Document (Case Participants - doc) (Memorandum of Law in Support of Maintaining Under Seal Exhibits 28-30 and 33-34 to the Declaration of John Sier), filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Exhibit 28, #2 Exhibit 29, #3 Exhibit 30, #4 Exhibit 33, #5 Exhibit 34, #6 Text of Proposed Order)(Potter, Geoffrey) |
| Filing 183 Joint MOTION to Modify Summary Judgment Briefing Schedule and for Leave to File Excess Briefing Pages, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Text of Proposed Order)(Potter, Geoffrey) |
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Filing 182
ORDER re #174 STIPULATION of Dismissal (Joint Stipulation of Partial Dismissal), filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP., Counter Defendants ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP. filed by ROCHE DIAGNOSTICS CORP., ROCHE DIABETES CARE, INC. The Court, having reviewed the parties' joint stipulation of partial dismissal, is unable to determine what claims, if any, remain pending. The parties are instructed to file an Amended Joint Stipulation of Dismissal which lists the claims, if any, that remain pending. The Amended stipulation is due no later than November 25, 2018. Signed by Judge Tanya Walton Pratt on 11/13/2018.(NAD)
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| Filing 181 Entry from Settlement Conference - The plaintiffs, by their authorized representative and by counsel, and the defendants, by their authorized representative and by counsel, appeared for a settlement conference on October 26, 2018, with the magistrate judge. The conference was held and concluded without settlement. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) |
| Filing 180 SUBMISSION of>[PROPOSED] ORDER to Dkt. No. #174 Stipulation of Dismissal, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP., Counter Defendants ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) Modified on 11/5/2018 - Added link to #174 and edited text to match document filed(NAD). |
| Filing 179 BRIEF/MEMORANDUM in Support re #178 MOTION to Maintain Document Under Seal #177 SEALED Document (Case Participants - doc) , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
| Filing 178 MOTION to Maintain Document Under Seal #177 SEALED Document (Case Participants - doc) , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to Maintain Under Seal)(Betz, Tracy) |
| Filing 177 SEALED Exhibits, re #175 Motion for Partial Summary Judgment, filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Attachments: #1 Exhibit 2- February 1, 2011 Product and Pricing Agreement, #2 Exhibit 4-February 10, 2011 Amendment to Product and Pricing Agreement, #3 Exhibit 5- July 1, 2013 Amendment to Product and Pricing Agreement, #4 Exhibit 6- October 1, 2013 Amendment to Product and Pricing Agreement, #5 Exhibit 7- February 1, 2014 Amendment to Product and Pricing Agreement, #6 Exhibit 8- July 21, 2014 Amendment to Product and Pricing Agreement, #7 Exhibit 10- May 14, 2014 Dickstein Email, #8 Exhibit 11- August 16, 2013 Competitive Bid Analysis, #9 Exhibit 12- June 17, 2014 Colleen Miller Email, #10 Exhibit 13- March 6, 2014 Memorandum of Understanding, #11 Exhibit 15- July 15, 2014 Donnie Dickstein Email, #12 Exhibit 17- July 15, 2015 Kim Ober Email, #13 Exhibit 22- uly 16, 2014 Moran Email, #14 Exhibit 23- July 17, 2014 Moran Email, #15 Exhibit 28- Spreitzer Transcript, #16 Exhibit 29- Gregory Bell Expert Report, #17 Exhibit 30- Bell Transcript, #18 Exhibit 31- Rebuttal to Expert Report, #19 Exhibit 32-Jorgenson Transcript, #20 Exhibit 33- Kvancz Transcript, #21 Exhibit 34- Barnes Transcript, #22 Exhibit 35- July 7, 2014 Dickstein Email, #23 Exhibit 36- Northwood Customer Review Process, #24 Exhibit 38- July 2, 2014 Miller Email, #25 Exhibit 39- July 7, 2014 Miller Email, #26 Exhibit 40- July 9, 2014 Dickstein Email, #27 Exhibit 41- July 9, 2014 Miller Email, #28 Exhibit 42- June 30, 2014 Miller Email)(Betz, Tracy) |
| Filing 176 BRIEF/MEMORANDUM in Support re #175 MOTION for Partial Summary Judgment , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
| Filing 175 ***WITHDRAWN PER MOTION AT #196 *** MOTION for Partial Summary Judgment , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Attachments: #1 Exhibit Declaration of John Sier, #2 Exhibit 1- Transcript of Kenneth G. Fasse, #3 Exhibit 3- March 18, 2011 Richard Vogel Email, #4 Exhibit 9- December 20, 2013 Colleen Miller Email, #5 Exhibit 14- July 2, 2014 Colleen Miller Email, #6 Exhibit 16- July 9, 2015 Colleen Miller Email, #7 Exhibit 18- August 26, 2015 Noelle Adams Email, #8 Exhibit 19- Transcript of Irving Edelstein, #9 Exhibit 20- Transcript of Victor Palomino, #10 Exhibit 21- September 23, 2015 David Barnes Email, #11 Exhibit 24- November 13, 2014 Emaiul, #12 Exhibit 25- Roche Invoices, #13 Exhibit 26- Amy McMurty Transcript, #14 Exhibit 27- Konie Minga Transcript, #15 Exhibit 37- July 9. 2014 Colleen Miller Email, #16 Exhibit 43- Donnie Dickstein Transcript)(Betz, Tracy) Modified on 11/29/2018 (NAD). |
| Filing 174 STIPULATION of Dismissal (Joint Stipulation of Partial Dismissal), filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP., Counter Defendants ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
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Filing 173
ORDER granting Roche's #170 Motion to Maintain Documents Under Seal, The court directs the Clerk to maintain Exhibits 42-44 at Dkt. 169 under seal. Signed by Magistrate Judge Debra McVicker Lynch on 10/26/2018. (SWM)
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| Filing 172 NOTICE of Appearance by Anne L. Cowgur on behalf of Defendants BINSON'S HOSPITAL SUPPLIES, INC., NORTHWOOD, INC.. (Cowgur, Anne) |
| Filing 171 BRIEF/MEMORANDUM in Support re #170 MOTION to Maintain Document Under Seal #169 SEALED Document (Case Participants - doc) , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
| Filing 170 MOTION to Maintain Document Under Seal #169 SEALED Document (Case Participants - doc) , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Exhibit 1 - Roche0051183, #2 Exhibit 2 - Expert Report of Greg Bell, #3 Text of Proposed Order)(Potter, Geoffrey) |
| Filing 169 SEALED Exhibits, re #167 Motion for Partial Summary Judgment, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Sealed Exhibit 4, #2 Sealed Exhibit 9, #3 Sealed Exhibit 10, #4 Sealed Exhibit 11, #5 Sealed Exhibit 12, #6 Sealed Exhibit 13, #7 Sealed Exhibit 16, #8 Sealed Exhibit 17, #9 Sealed Exhibit 18, #10 Sealed Exhibit 19, #11 Sealed Exhibit 21, #12 Sealed Exhibit 24, #13 Sealed Exhibit 25, #14 Sealed Exhibit 26, #15 Sealed Exhibit 28, #16 Sealed Exhibit 30, #17 Sealed Exhibit 39, #18*** SEALED PER ORDER DATED 10/26/2018 *** Sealed Exhibit 42, #19 Sealed Exhibit 43, #20*** SEALED PER ORDER DATED 10/26/2018 *** Sealed Exhibit 44)(Potter, Geoffrey) Modified on 10/26/2018 (SWM). |
| Filing 168 BRIEF/MEMORANDUM in Support re #167 MOTION for Partial Summary Judgment , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
| Filing 167 MOTION for Partial Summary Judgment , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Declaration of Kim Ober, #2 Declaration of Geoffrey Potter, #3 Exhibit 1 - 2011 Product and Pricing Agreement, #4 Exhibit 2 - July 2013 Amendment, #5 Exhibit 3 - July 2014 Amendment, #6 Exhibit 5 - Fasse Transcript, #7 Exhibit 6 - Dickstein Transcript, #8 Exhibit 7 - Shaya Transcript, #9 Exhibit 8 - ROCHE0015004, #10 Exhibit 14 - Roche0001969, #11 Exhibit 15 - Roche0013443, #12 Exhibit 20 - Binson Transcript, #13 Exhibit 22 - Texts re Strategies, #14 Exhibit 23 - Texts re Spending, #15 Exhibit 27 - PBID00001254-55, #16 Exhibit 29 - PBID00001253, #17 Exhibit 31 - PBID00001241, #18 Exhibit 32 - PBID00001248, #19 Exhibit 33 - Edelstein Transcript, #20 Exhibit 34 - Michigan Original Complaint, #21 Exhibit 35 - Michigan Amended Complaint, #22 Exhibit 36 - Michigan Joint Pretrial Report, #23 Exhibit 37 - McMurtry Transcript, #24 Exhibit 38 - Barnes Transcript, #25 Exhibit 40 - Jorgensen Transcript, #26 Exhibit 41 - Kvancz Transcript)(Potter, Geoffrey) |
| Filing 166 Statement of Claims and Defenses by BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
| Filing 165 Statement of Claims and Defenses by ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
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Filing 164
SCHEDULING ORDER - The final pretrial set April 17, 2019 will now commence at 2:00 p.m. in Room 330, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Please make note of the change in start time. The jury trial remains set to commence on May 13, 2019 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 10/5/2018.(NAD)
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Filing 163
STIPULATION AND ORDER REGARDING EXPERT DEPOSITIONS - The Plaintiffs may take the depositions of David Kvancz and James Jorgensen subsequent to October 5, 2018 and prior to November 1, 2018, and utilize the depositions in connection with dispositive motions. Signed by Judge Tanya Walton Pratt on 9/25/2018.(NAD) Modified on 9/27/2018 - Edited spacing(NAD).
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| Filing 162 STIPULATION and [Proposed] Order Regarding Expert Depositions, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
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Filing 161
ORDER Setting Settlement Conference and Related Deadlines: Settlement Conference set for 10/26/2018 09:30 AM (Eastern Time) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. On or before three (3) business days before the conference, the parties shall submit (not file) a confidential settlement statement. See Order for additional information. Signed by Magistrate Judge Debra McVicker Lynch on 8/28/2018.(SWM)
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Filing 160
ORDER granting #159 Motion to Appear pro hac vice by Leo J. Hurley, Jr. to appear on behalf of Interested Party Sahily Paoline. Copy to Leo J. Hurley Jr. via U.S. Mail. Signed by Magistrate Judge Debra McVicker Lynch on 8/2/2018. (MAC)
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| Filing 159 MOTION for Attorney(s) Leo J. Hurley Jr. to Appear pro hac vice (Filing fee $100.00, receipt number IP061449), filed by Interested Party SAHILY PAOLINE. (Attachments: #1 Cover Letter, #2 Text of Proposed Order, #3 Envelope)(NAD) |
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Filing 158
ORDER - GRANTING BINSON'S HOSPITAL SUPPLIES, INC.'S AND NORTHWOOD, INC.'S #154 MOTION FOR EXTENSION OF CASE MANAGEMENT PLAN. Dispositive Motions due by 11/1/2018. All remaining Discovery due by 1/15/2019. (See Order for established deadlines) Signed by Judge Tanya Walton Pratt on 6/28/2018.(NAD)
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| Filing 157 REPLY in Support of Motion re #154 MOTION for Extension of Time to in which to #142 Order: Case ManagementScheduling Order , filed by Defendants BINSON'S HOSPITAL SUPPLIES, INC., NORTHWOOD, INC.. (Attachments: #1 Exhibit)(Betz, Tracy) |
| Filing 156 RESPONSE in Opposition re #154 MOTION for Extension of Time to in which to #142 Order: Case ManagementScheduling Order , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Declaration of Geoffrey Potter, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Potter, Geoffrey) |
| Filing 155 Appendix of Exhibits in Support of Motion re #154 MOTION for Extension of Time to in which to #142 Order: Case ManagementScheduling Order , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Attachments: #1 Exhibit A-Case Management Plan, #2 Exhibit B- June 6, 2018 Scheduling Order, #3 Exhibit C- April 21, 2018 Subpoenas, #4 Exhibit D- April 23, 2018 Subpoenas, #5 Exhibit E- May 23, 2018 Email, #6 Exhibit F- June 8, 2018 Email, #7 Exhibit G- May 24, 2018 Email, #8 Exhibit H- June 9, 2018 Email, #9 Exhibit I- May 3, 2018 Email, #10 Exhibit J- May 3, 2018 Email, #11 Exhibit K- May 9, 2018 Email, #12 Exhibit L- May 9, 2018 Email, #13 Exhibit M- May 9, 2018 Email, #14 Exhibit N- May 10, 2018 Email, #15 Exhibit O- May 10, 2018 Email, #16 Exhibit P- May 11, 2018 Email, #17 Exhibit Q-May 15, 2018 Email, #18 Exhibit R- May 16, 2018 Email, #19 Exhibit S- May 16, 2018 Email, #20 Exhibit T- May 16, 2018 Email, #21 Exhibit U- May 16, 2018 Email, #22 Exhibit V- May 16, 2018 Email, #23 Exhibit W-May 18, 2018 Email, #24 Exhibit May 23, 2018 Email, #25 Exhibit May 29, 2018 Email, #26 Exhibit May 29, 2018 Email, #27 Exhibit May 29, 2018 Email, #28 Exhibit May 30, 2018 Email, #29 Exhibit May 30, 2018 Email, #30 Exhibit May 31, 2018 Email, #31 Exhibit May 31, 2018 Email)(Betz, Tracy) |
| Filing 154 MOTION for Extension of Time to in which to #142 Order: Case ManagementScheduling Order , filed by Counter Claimant BINSON'S HOSPITAL SUPPLIES, INC.. (Attachments: #1 Text of Proposed Order Granting Binson's Hospital Supplies and Northwood, Inc.'s Motion for Extension of Case Management Plan)(Betz, Tracy) |
| Filing 153 TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (NAD) |
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Filing 152
SCHEDULING ORDER - Final Pretrial Conference set for 4/17/2019 at 3:00 PM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Jury Trial set for 5/13/2019 at 9:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. The final pretrial conference is for attorneys only. At the final pretrial conference, Counsel shall be prepared to discuss the status of the action, including all matters requiring completion preparatory to trial. Signed by Judge Tanya Walton Pratt on 6/6/2018.(NAD)
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Filing 151
ORDER - granting #147 Motion to Withdraw Attorney Appearance. Attorney Ernest J. Essad withdrawn. Signed by Judge Tanya Walton Pratt on 3/21/2018. (BRR)
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| Filing 150 Witness List , filed by Defendants BINSON'S HOSPITAL SUPPLIES, INC., NORTHWOOD, INC., Exhibit List , filed by Defendants BINSON'S HOSPITAL SUPPLIES, INC., NORTHWOOD, INC.. (Betz, Tracy) |
| Filing 149 REPLY in Support of Motion re #138 MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses and Reservations of Rights , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Exhibit A)(Potter, Geoffrey) |
| Filing 148 Witness List and Exhibit List, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
| Filing 147 MOTION to Withdraw Attorney Appearance , filed by Defendant CHRISTOPHER F. SHAYA. (Attachments: #1 Proposed Order)(James, Mark) |
| Filing 146 BRIEF/MEMORANDUM in Support of Response in Opposition to Motion re #138 MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses and Reservations of Rights , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
| Filing 145 RESPONSE in Opposition re #138 MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses and Reservations of Rights , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
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Filing 144
ORDER - #143 Motion for Extension of Time to File Response to 1/24/2018 re #138 MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses and Reservations of Rights is granted. See order for details. Signed by Judge Tanya Walton Pratt on 1/18/2018. (MEJ)
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| Filing 143 MOTION for Extension of Time to File Response to January 24, 2018 re #138 MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses and Reservations of Rights and Motion for Extension of Time for Plaintiffs to File Reply in Support to February 8, 2018, filed by Defendants BINSON'S HOSPITAL SUPPLIES, INC., NORTHWOOD, INC.. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Kraatz, Carina) |
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Filing 142
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 9/17/2018. Discovery due by 8/17/2018. Signed by Magistrate Judge Debra McVicker Lynch on 1/10/2018.(SWM) Modified on 1/11/2018 (SWM).
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| Filing 141 Submission of Signature Requirement re #139 Brief/Memorandum in Support by ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Appendix to Memorandum of Law in Support of Roche's Motion to Dismiss Counterclaims and to Strike Affirmative Defenses and Reservations of Rights)(Potter, Geoffrey) |
| Filing 140 Submission of Signature Requirement re #138 MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses and Reservations of Rights by ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
| Filing 139 BRIEF/MEMORANDUM in Support re #138 MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses and Reservations of Rights , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Appendix)(Potter, Geoffrey) |
| Filing 138 MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses and Reservations of Rights, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
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Filing 137
ORDER granting Plaintiffs' #134 Motion for Extension of Time to File response to Binson's Hospital Supplies, Inc. and Northwood, Inc.'s Counterclaims to 1/3/2018. Signed by Magistrate Judge Debra McVicker Lynch on 12/29/2017. (SWM)
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Filing 136
ORDER granting #133 Motion to Withdraw Attorney Appearance of Jennifer Van Dame. Signed by Judge Tanya Walton Pratt on 12/27/2017. (JD)
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Filing 135
ORDER denying #115 Motion to Seal and for an injunction. Signed by Magistrate Judge Debra McVicker Lynch on 12/22/2017. (REO)
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| Filing 134 Consent MOTION for Extension of Time to January 3, 2018 to Respond to Binson's Hospital Supplies, Inc. & Northwood, Inc.'s Counterclaims, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Text of Proposed Order)(Potter, Geoffrey) |
| Filing 133 MOTION to Withdraw Attorney Appearance , filed by Defendants ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS, OLYMPUS GLOBAL, LLC, CHRISTOPHER F. SHAYA. (Attachments: #1 Order Granting Motion to Withdraw Appearance)(Van Dame, Jennifer) |
| Filing 132 Corrected Joint Motion for Entry of Case Management Plan , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Proposed Case Management Plan/Order, #2 ESI Supplemental to Proposed Case Management Plan/Order)(Potter, Geoffrey) Modified on 12/19/2017 to clarify(MEJ). |
| Filing 131 *** INCORRECT FILING CORRECTED FILING AT DOCKET #132***Joint MOTION for Discovery (Entry of Case Management Plan), filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP. (Attachments: #1 Proposed Case Management Plan/Order, #2 ESI Supplement to Proposed Case Management Plan/Order)(Potter, Geoffrey) Modified on 12/19/2017 (MEJ). |
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Filing 130
ORDER granting #128 Motion for Protective Order. Stipulated Protective Order. (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 12/8/2017. (MAC)
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| Filing 129 RESPONSE in Opposition re #115 MOTION to Seal Document #104 Amended Complaint and for an Injunction from Further Public Disclosure of Confidential Documentation or Information (Supplemental Response), filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
| Filing 128 Joint MOTION for Protective Order , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Text of Proposed Order)(Potter, Geoffrey) |
| Filing 127 ANSWER to #104 Amended Complaint , COUNTERCLAIM against BINSON'S HOSPITAL SUPPLIES, INC., NORTHWOOD, INC., filed by BINSON'S HOSPITAL SUPPLIES, INC..(Betz, Tracy) |
| Filing 126 REPLY in Support of Motion re #115 MOTION to Seal Document #104 Amended Complaint and for an Injunction from Further Public Disclosure of Confidential Documentation or Information , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Attachments: #1 Exhibit A- September 26, 2017 Email Correspondence, #2 Exhibit B- Draft Protected Order)(Betz, Tracy) |
| Filing 125 DISMISSAL, Acknowledged - MARY E. SHAYA, J&B MEDICAL SUPPLY CO., INC. and FAWZI B. SHAYA terminated. Signed by Judge Tanya Walton Pratt on 11/29/2017. (MEJ) |
| Filing 124 NOTICE of Voluntary Dismissal, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
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Filing 123
ORDER granting Plaintiff's #121 Motion for Extension of Time to File Response to 11/27/2017 re #115 MOTION to Seal Document #104 Amended Complaint and for an Injunction from Further Public Disclosure of Confidential Documentation or Information. Signed by Magistrate Judge Debra McVicker Lynch on 11/27/2017. (MAC)
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| Filing 122 RESPONSE in Opposition re #115 MOTION to Seal Document #104 Amended Complaint and for an Injunction from Further Public Disclosure of Confidential Documentation or Information , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Declaration of Joseph R. Richie in Opposition to Defendants' Motion to Seal Plaintiffs' Second Amended Complaint and for an Injunction from Further Public Disclosure, #2 Exhibit 1 - email with confidentiality agreement, #3 Exhibit 2 - confidentiality agreement, #4 Exhibit 3 - email regarding motion to seal, #5 Exhibit 4 - Shaya deposition excerpts)(Potter, Geoffrey) |
| Filing 121 Unopposed MOTION for Extension of Time to File Response to November 27, 2017 re #115 MOTION to Seal Document #104 Amended Complaint and for an Injunction from Further Public Disclosure of Confidential Documentation or Information , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Text of Proposed Order)(Potter, Geoffrey) |
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Filing 120
ORDER granting Defendants Binson's Hospital Supplies, Inc. and Northwood, Inc's #118 Motion for Extension of Time to File response to second amended complaint to 12/4/2017. Signed by Magistrate Judge Debra McVicker Lynch on 11/16/2017. (SWM)
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Filing 119
ORDER granting Defendants J&B Medical Supply Co., Inc., Fawzi Shaya and Mary Shaya's #117 Motion for Extension of Time to File response to second amended complaint to 11/27/2017. Signed by Magistrate Judge Debra McVicker Lynch on 11/16/2017. (SWM)
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| Filing 118 Unopposed MOTION for Extension of Time to December 4, 2017 in which to #104 Amended Complaint (Respond to Second Amended Complaint), filed by Defendants BINSON'S HOSPITAL SUPPLIES, INC., NORTHWOOD, INC.. (Attachments: #1 Text of Proposed Order)(Kraatz, Carina) |
| Filing 117 Unopposed MOTION for Extension of Time to November 27, 2017 in which to #104 Amended Complaint Respond to Plaintiffs' Second Amended Complaint, filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Text of Proposed Order)(Hull, Andrew) |
| Filing 116 BRIEF/MEMORANDUM in Support re #115 MOTION to Seal Document #104 Amended Complaint and for an Injunction from Further Public Disclosure of Confidential Documentation or Information , filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
| Filing 115 MOTION to Seal Document #104 Amended Complaint and for an Injunction from Further Public Disclosure of Confidential Documentation or Information, filed by Defendant BINSON'S HOSPITAL SUPPLIES, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to Seal Second Amended Complaint at Allegation #109 and for an Injunction from Further Public Disclosure of Confidential Documentation or Information)(Betz, Tracy) |
| Filing 114 NOTICE of Appearance by Thomas G. McNeill on behalf of Defendant J&B MEDICAL SUPPLY CO., INC.. (McNeill, Thomas) |
| Filing 113 NOTICE of Appearance by Max A. Aidenbaum on behalf of Defendant J&B MEDICAL SUPPLY CO., INC.. (Aidenbaum, Max) |
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Filing 112
ORDER granting #109 and #110 Motion(s) to Appear pro hac vice. Attorney Thomas G. McNeill and Max A. Aidenbaum for J&B MEDICAL SUPPLY CO., FAWZI B. SHAYA and MARY E. SHAYA added. The court FURTHER ORDERS that Thomas G. McNeill and Max A. Aidenbaum register as users of the court's electronic case filing system by November 13, 2017. Failure to register could result in the revocation of admission pro hac vice. Copies via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 10/31/2017. (SWM)
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| Filing 111 RECEIPT #IP057799 for Pro Hac Vice Filing fee in the amount of $200.00, paid by attorney Thomas McNeill and Max Aidenbaum. (NAD) |
| Filing 110 MOTION for Attorney(s) Max A. Aidenbaum to Appear pro hac vice (No fee paid with this filing), filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Exhibit A - Certification of Max A. Aidenbaum, #2 Text of Proposed Order)(Hull, Andrew) |
| Filing 109 MOTION for Attorney(s) Thomas G. McNeill to Appear pro hac vice (No fee paid with this filing), filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Exhibit A - Certification of Thomas G. McNeill, #2 Text of Proposed Order)(Hull, Andrew) |
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Filing 108
ORDER granting Defendants Binson's Hospital Supplies, Inc. and Northwood, Inc. #106 Motion for Extension of Time to File response to second amended complaint to 11/13/2017. Signed by Magistrate Judge Debra McVicker Lynch on 10/18/2017. (SWM)
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Filing 107
ORDER granting Defendants J&B Medical Supply Co., Inc., Fawzi Shaya and Mary Shaya's #105 Motion for Extension of Time to File response to second amended complaint to 11/13/2017. Signed by Magistrate Judge Debra McVicker Lynch on 10/18/2017. (SWM)
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| Filing 106 MOTION for Extension of Time to November 13, 2017 in which to #104 Amended Complaint Respond to Plaintiffs' Second Amended Complaint, filed by Defendants BINSON'S HOSPITAL SUPPLIES, INC., NORTHWOOD, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Kraatz, Carina) |
| Filing 105 MOTION for Extension of Time to November 13, 2017 in which to #104 Amended Complaint to Respond to Plaintiffs' Second Amended Complaint, filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Text of Proposed Order)(Hull, Andrew) |
| Filing 104 AMENDED COMPLAINT (SECOND) against BINSON'S HOSPITAL SUPPLIES, INC., J&B MEDICAL SUPPLY CO., INC., NORTHWOOD, INC., FAWZI B. SHAYA, MARY E. SHAYA, filed by ROCHE DIAGNOSTICS CORP., ROCHE DIABETES CARE, INC..(Potter, Geoffrey) |
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Filing 103
ORDER granting Defendants Binson's Hospital Supplies, Inc., Northwood, Inc., Kenneth G. Fasse, Donnie E. Dickstein, James E. Binson, James E. Binson II, Nicholas B. Binson, and Robert A. Binson #101 Motion for Extension of Time to File response to amended complaint to 10/16/2017. Signed by Magistrate Judge Debra McVicker Lynch on 10/3/2017. (SWM)
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Filing 102
ORDER granting J&B Defendants' #100 Motion for Extension of Time to File response to first amended complaint to 10/16/2017. Signed by Magistrate Judge Debra McVicker Lynch on 10/3/2017. (SWM)
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| Filing 101 MOTION for Extension of Time to October 16, 2017 in which to #12 Amended Complaint , filed by Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Kraatz, Carina) |
| Filing 100 MOTION for Extension of Time to 10/16/2017 in which to #12 Amended Complaint to Respond to Plaintiffs' First Amended Complaint, filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Text of Proposed Order)(Hull, Andrew) |
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Filing 99
ORDER - #98 Motion to Withdraw Attorney Appearance is granted. Attorney Jessica Whelan withdrawn. Signed by Judge Tanya Walton Pratt on 10/2/2017. (MEJ)
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| Filing 98 MOTION to Withdraw Attorney Appearance of Jessica Whelan, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Text of Proposed Order Order Granting Motion for Leave to Withdraw Appearance)(Whelan, Jessica) |
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Filing 97
ORDER REASSIGNING CASE - Pursuant to 28 U.S.C. Section 137 and Local Rule 40-1(f), this matter has been reassigned to Judge Tanya Walton Pratt. Judge Larry J. McKinney is no longer assigned to the case. Please included the new case number, 1:17-cv-949-TWP-DML, on all future filings in this matter. Signed by Judge Jane Magnus-Stinson on 9/28/2017. (JRB)
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Filing 96
ORDER ON MOTIONS TO DIMSISS - the Court GRANTS in part and DENIES in part theMotions to Dismiss filed by Defendants Binson's Hospital Supplies, Inc., Northwood, Inc., Kenneth G. Fasse, Donnie E. Dickstein, James E. Binson, James E. Binson II, and Robert A. Binson and Defendants J&B Medical Supply Co., Fawzi B. Shaya, and Mary E. Shaya, without prejudice. Dkt. No. 60; Dkt. No. 62. The Court GRANTS Defendant Jeremiah Mankopf's Motion to Dismiss, Dkt. No. 63, and GRANTS Defendants', Olympus Global, LLC, Delta Global, LLC, Alpha XE LLC, Christopher F. Shaya, and Daniel Gladys, Motion to Dismiss, without prejudice. Dkt. No. 56. Furthermore, the Court DENIES the Motion for Sanctions under Rule 11 filed by Defendants, Binson's Hospital Supplies, Inc., Northwood, Inc., Kenneth G. Fasse, Donnie E. Dickstein, James E. Binson, James E. Binson II, and Robert A. Binson, as premature. Dkt. No. 58. The Court GRANTS Roche leave to amend its Amended Complaint within 21 days days from the date of this Order. Additionally, the Court sua sponte DISMISSES this action as to Pharmacy John Does 1-50 for failure to state a claim upon which relief may be granted. If through discovery, the plaintiffs are able to learn the name of the unknown defendants, they may seek leave to add a claim against those individuals. Signed by Judge Larry J. McKinney on 9/18/2017. (REO)
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Filing 95
ORDER granting #93 Motion to Withdraw Attorney Appearance. Attorney Brett Asher withdrawn. Signed by Judge Larry J. McKinney on 9/13/2017. (SWM)
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| Filing 94 Submission of Proposed Order Granting Motion To Withdraw Appearance Of Attorney, re #93 MOTION to Withdraw Attorney Appearance Of Brett A. Asher, filed by Defendant JEREMIAH MANKOPF. (Cox, Michael) |
| Filing 93 MOTION to Withdraw Attorney Appearance Of Brett A. Asher, filed by Defendant JEREMIAH MANKOPF. (Cox, Michael) |
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Filing 92
ORDER granting in part and denying in part #71 Motion to Stay Discovery - Discovery is STAYED as to all defendants except Brinson's Hospital, Inc. and Northwood, Inc. SEE ORDER. Signed by Magistrate Judge Debra McVicker Lynch on 8/11/2017. (JRB)
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| Filing 91 NOTICE of Appearance by Brett Asher on behalf of Defendant JEREMIAH MANKOPF. (Asher, Brett) |
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Filing 90
ORDER GRANTING MOTION TO WITHDRAW APPEARANCE - This matter came before the Court on the #89 Motion to Withdraw Appearance (the "Motion") filed by Riley H. Floyd. The Court, being duly advised, finds that the Motion is meritorious and is hereby GRANTED. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Appearance of Riley H. Floyd on behalf of Defendants, J&B Medical Supply Co., Inc., Fawzi B. Shaya, and Mary E. Shaya, is hereby withdrawn. Signed by Judge Larry J. McKinney on 7/12/2017. (GSO)
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| Filing 89 MOTION to Withdraw Attorney Appearance , filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Text of Proposed Order)(Floyd, Riley) |
| Filing 88 REPLY in Support of Motion re #60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Betz, Tracy) |
| Filing 87 REPLY in Support of Motion re #58 MOTION for Sanctions under Rule 11 , filed by Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Betz, Tracy) |
| Filing 86 REPLY in Support of Motion re #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Hull, Andrew) |
| Filing 85 REPLY in Support of Motion re #63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant JEREMIAH MANKOPF. (Cox, Michael) |
| Filing 84 REPLY in Support of Motion re #56 MOTION to Dismiss , filed by Defendants ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS, OLYMPUS GLOBAL, LLC, CHRISTOPHER F. SHAYA. (Van Dame, Jennifer) |
| Filing 83 RESPONSE in Opposition re #60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #56 MOTION to Dismiss , #63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
| Filing 82 RESPONSE in Opposition re #58 MOTION for Sanctions under Rule 11 , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
| Filing 81 REPLY in Support of Motion re #71 Joint MOTION to Stay Discovery , filed by Defendants ALPHA XE LLC, JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DELTA GLOBAL, LLC, DONNIE E. DICKSTEIN, KENNETH G. FASSE, DANIEL GLADYS, J&B MEDICAL SUPPLY CO., INC., JEREMIAH MANKOPF, NORTHWOOD, INC., OLYMPUS GLOBAL, LLC, PHARMACY JOHN DOES 1-50, CHRISTOPHER F. SHAYA, FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Exhibit Non Party Subpoena Chart)(Betz, Tracy) |
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Filing 80
ENTRY from Initial Pretrial Conference held before Magistrate Judge Debra McVicker Lynch on 6/8/2017. The court will not enter a case management order at this time but expects to do so in connection with the ruling on the motion to stay. Nothing precludes the parties from serving discovery requests at this time. Signed by Magistrate Judge Debra McVicker Lynch. (KGK)
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| Filing 79 RESPONSE in Opposition re #71 Joint MOTION to Stay Discovery , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Affidavit / Declaration of Aron Fischer, #2 Exhibit A, Plaintiffs' First Request for Production - Binson, #3 Exhibit B, Plaintiffs' First Request for Production - Olympus, #4 Exhibit C, Plaintiffs' First Request for Production - J&B Medical, #5 Exhibit D, Plaintiffs' First Request for Production - Mankopf)(Potter, Geoffrey) |
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Filing 78
ORDER granting #77 Motion to Appear pro hac vice. Attorney Carina M. Kraatz is added for JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC, DONNIE E. DICKSTEIN, KENNETH G. FASSE, and NORTHWOOD, INC. Signed by Judge Larry J. McKinney on 6/9/2017. (copy via US Mail) (JKS)
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| Filing 77 MOTION for Attorney(s) Carina M. Kraatz to Appear pro hac vice (Filing fee $100, receipt number 0756-4395683), filed by Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Attachments: #1 Exhibit A- Certification of Carina M. Kraatz, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Betz, Tracy) |
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Filing 76
ORDER granting Joint #74 Motion for Extension of Time - Plaintiffs will file their oppositions to Defendants' motions to dismiss and the Binson's Defendants motion for Rule 11 sanctions by June 23, 2017. Defendants will file their reply briefs by July 7, 2017. Signed by Judge Larry J. McKinney on 6/8/2017. (JKS)
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Filing 75
ORDER on Defendants' #72 Motion to Stay the Initial Pretrial Conference and Case Management Deadlines. The court, being duly advised, DENIES the motion to stay the initial pretrial conference. The court will address case management deadlines at the conference. Signed by Magistrate Judge Debra McVicker Lynch on 6/7/2017. (SWM)
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| Filing 74 Joint MOTION for Extension of Time to respond and reply to pending motions, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Proposed Order)(Potter, Geoffrey) Modified on 6/8/2017 (JKS). |
| Filing 73 RESPONSE in Opposition re #72 Joint MOTION to Stay Initial Pretrial Conference and Case Management Deadlines , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
| Filing 72 Joint MOTION to Stay Initial Pretrial Conference and Case Management Deadlines, filed by Defendants ALPHA XE LLC, JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DELTA GLOBAL, LLC, DONNIE E. DICKSTEIN, KENNETH G. FASSE, DANIEL GLADYS, J&B MEDICAL SUPPLY CO., INC., JEREMIAH MANKOPF, NORTHWOOD, INC., OLYMPUS GLOBAL, LLC, PHARMACY JOHN DOES 1-50, CHRISTOPHER F. SHAYA, FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Exhibit Unpublished Orders, #2 Text of Proposed Order)(Betz, Tracy) |
| Filing 71 Joint MOTION to Stay Discovery, filed by Defendants ALPHA XE LLC, JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DELTA GLOBAL, LLC, DONNIE E. DICKSTEIN, KENNETH G. FASSE, DANIEL GLADYS, J&B MEDICAL SUPPLY CO., INC., JEREMIAH MANKOPF, NORTHWOOD, INC., OLYMPUS GLOBAL, LLC, PHARMACY JOHN DOES 1-50, CHRISTOPHER F. SHAYA, FAWZI B. SHAYA, MARY E. SHAYA. (Hull, Andrew) |
| Filing 70 Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP. . (Attachments: #1 Supplement (ESI Supplement to Case Management Plan))(Potter, Geoffrey) |
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Filing 69
ORDER granting #67 Motion to Maintain Document Under Seal #65 SEALED Exhibit A to Brief in Support. Signed by Judge Larry J. McKinney on 5/31/2017. (copies via US Mail) (JKS)
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| Filing 68 BRIEF/MEMORANDUM in Support re #67 MOTION to Maintain Document Under Seal #65 SEALED Document (Case Participants - doc) , filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Hull, Andrew) Modified on 5/30/2017 (JKS). |
| Filing 67 MOTION to Maintain Document Under Seal #65 SEALED Document (Case Participants - doc) , filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Text of Proposed Order)(Hull, Andrew) |
| Filing 66 BRIEF/MEMORANDUM in Support re #63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant JEREMIAH MANKOPF. (Attachments: #1 Affidavit Exhibit A - Affidavit of Jeremiah Mankopf)(Artaev, Danila) |
| Filing 65 SEALED Exhibit A to Brief in Support of #62 Joint Motion to Dismiss First Amended Complaint, re #64 Brief/Memorandum in Support, filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Exhibit A - Letters (2 of 2))(Hull, Andrew) Modified on 5/30/2017 (JKS). |
| Filing 64 BRIEF/MEMORANDUM in Support re #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Exhibit A - Letters (1 of 4), #2 Exhibit A - Letters (2 of 4), #3 Exhibit A - Letters (3 of 4), #4 Exhibit A - Letters (4 of 4))(Hull, Andrew) |
| Filing 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant JEREMIAH MANKOPF. (Artaev, Danila) |
| Filing 62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Hull, Andrew) |
| Filing 61 BRIEF/MEMORANDUM in Support re #60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Betz, Tracy) |
| Filing 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Betz, Tracy) |
| Filing 59 BRIEF/MEMORANDUM in Support re #58 MOTION for Sanctions under Rule 11 , filed by Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Betz, Tracy) |
| Filing 58 MOTION for Sanctions under Rule 11, filed by Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Attachments: #1 Exhibit 1-Safe harbor Letter, #2 Exhibit 2- Response Letter)(Betz, Tracy) |
| Filing 57 BRIEF/MEMORANDUM in Support re #56 MOTION to Dismiss , filed by Defendants ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS, OLYMPUS GLOBAL, LLC, CHRISTOPHER F. SHAYA. (Attachments: #1 Exhibit Exhibit A - To Motion To Dismiss, #2 Exhibit Exhibit B - Motion To Dismiss)(Van Dame, Jennifer) |
| Filing 56 MOTION to Dismiss , filed by Defendants ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS, OLYMPUS GLOBAL, LLC, CHRISTOPHER F. SHAYA. (Van Dame, Jennifer) |
| Filing 55 NOTICE of Appearance by Michael Anthony Cox on behalf of Defendant JEREMIAH MANKOPF. (Cox, Michael) |
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Filing 54
ORDER re Plaintiff's #21 Motion for Expedited Discovery - Roche's Motion for Expedited Discovery is DENIED WITHOUT PREJUDICE. (SEE ORDER) Signed by Judge Larry J. McKinney on 5/11/2017. (JKS) Modified on 5/11/2017 (JKS).
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| Filing 53 NOTICE of Appearance by Danila V. Artaev on behalf of Defendant JEREMIAH MANKOPF. (Artaev, Danila) |
| Filing 52 REPLY in Support of Motion re #21 MOTION for Discovery to be Expedited , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
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Filing 50
ORDER granting #48 Motion to Appear pro hac vice. Attorney Mark R. James for ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS, OLYMPUS GLOBAL, LLC and CHRISTOPHER F. SHAYA added. Signed by Judge Larry J. McKinney on 5/5/2017. (CBU)
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Filing 49
ORDER granting #47 Motion to Appear pro hac vice. Attorney Ernest J. Essad for ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS,OLYMPUS GLOBAL, LLC and r CHRISTOPHER F. SHAYA added. Signed by Judge Larry J. McKinney on 5/5/2017. (dist made) (CBU)
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Filing 51
SCHEDULING ORDER: Initial Pretrial Conference set for 6/8/2017 11:00 AM in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. Read this entire order carefully; it sets out the court's expectations for the conference. Signed by Magistrate Judge Debra McVicker Lynch on 5/4/2017.(SWM)
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| Filing 48 MOTION for Attorney(s) Mark R. James to Appear pro hac vice (Filing fee $100, receipt number 0756-4343102), filed by Defendants ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS, OLYMPUS GLOBAL, LLC, CHRISTOPHER F. SHAYA. (Attachments: #1 Exhibit Exhibit A - Certification of Mark R. James In Support of Motion To Appear Pro Hac Vice, #2 Text of Proposed Order Order Granting Motion To Appear Pro Hac Vice)(Van Dame, Jennifer) |
| Filing 47 MOTION for Attorney(s) Ernest J. Essad, Jr. to Appear pro hac vice (Filing fee $100, receipt number 0756-4343049), filed by Defendants ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS, OLYMPUS GLOBAL, LLC, CHRISTOPHER F. SHAYA. (Attachments: #1 Exhibit Exhibit A - Certification of Ernest J. Essad, Jr. In Support of Motion To Appear Pro Hac Vice, #2 Text of Proposed Order Order Granting Motion To Appear Pro Hac Vice)(Van Dame, Jennifer) |
| Filing 46 RESPONSE in Opposition re #21 MOTION for Discovery to be Expedited , filed by Defendants ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS, OLYMPUS GLOBAL, LLC, CHRISTOPHER F. SHAYA. (Van Dame, Jennifer) |
| Filing 45 NOTICE of Parties' First Extension of Time, filed by Defendants ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS, OLYMPUS GLOBAL, LLC, CHRISTOPHER F. SHAYA. (Van Dame, Jennifer) |
| Filing 44 NOTICE of Appearance by Jennifer Van Dame on behalf of Defendants ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS, OLYMPUS GLOBAL, LLC, CHRISTOPHER F. SHAYA. (Van Dame, Jennifer) |
| Filing 43 NOTICE of Appearance by Robert M. Kelso on behalf of Defendants ALPHA XE LLC, DELTA GLOBAL, LLC, DANIEL GLADYS, OLYMPUS GLOBAL, LLC, CHRISTOPHER F. SHAYA. (Kelso, Robert) |
| Filing 42 RESPONSE in Opposition re #21 MOTION for Discovery to be Expedited , filed by Defendant JEREMIAH MANKOPF. (Heiser, Donna) |
| Filing 41 RESPONSE in Opposition re #21 MOTION for Discovery to be Expedited , filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Hull, Andrew) |
| Filing 40 RESPONSE in Opposition re #21 MOTION for Discovery to be Expedited and Memorandum in Support, filed by Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Betz, Tracy) |
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Filing 39
ORDER GRANTING AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT - The Court, having received the Defendant Jeremiah Mankopf's #38 Agreed Motion for Extension of Time to Respond to Plaintiffs' First Amended Complaint, the parties have had the opportunity to respond and the Court being duly advised in the Premises; IT IS ORDERED, ADJUDGED, AND DECREED that Defendant Jeremiah Mankopf's Agreed Motion for Extension of Time to Respond to Plaintiffs' First Amended Complaint is hereby GRANTED. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant Jeremiah Mankopf shall have to and including May 26, 2017, to respond to Plaintiffs' First Amended Complaint. Signed by Judge Larry J. McKinney on 4/28/2017. (GSO)
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| Filing 38 First MOTION for Extension of Time, filed by Defendant JEREMIAH MANKOPF. (Attachments: #1 Text of Proposed Order Proposed Order)(Heiser, Donna) |
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Filing 37
ORDER granting Defendants' #34 Motion to Appear pro hac vice - Attorney John M. Sier is admitted pro hac vice for JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, and NORTHWOOD, INC.. Signed by Judge Larry J. McKinney on 4/25/2017. (copy to John Sier via US Mail) (JKS)
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Filing 36
ORDER granting Agreed #33 Motion for Extension of Time - The Defendants Binson's Hospital Supplies, Inc., Northwood, Inc., Donnie E. Dickstein, Kenneth G. Fasse, James E. Binson, James E. Binson II, Nicholas B. Binson, and Robert A. Binson shall have to and including May 26, 2017 to respond to Plaintiffs' First Amended Complaint. Signed by Judge Larry J. McKinney on 4/25/2017. (JKS)
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Filing 35
ORDER granting Agreed #28 Motion for Extension of Time - The deadline for Defendants to answer or otherwise respond to Plaintiffs' First Amended Complaint is hereby extended to and including May 26, 2017. Signed by Judge Larry J. McKinney on 4/25/2017. (JKS)
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| Filing 34 MOTION for Attorney(s) John M. Sier to Appear pro hac vice (Filing fee $100, receipt number 0756-4329961), filed by Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Attachments: #1 Exhibit A- Certification of John M. Sier in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Betz, Tracy) |
| Filing 33 Unopposed MOTION for Extension of Time to May 26, 2017 in which to #12 Amended Complaint , filed by Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Attachments: #1 Text of Proposed Order Granting Agreed Motion for Extension of Time to Respond to Plaintiffs' First Amended Complaint)(Betz, Tracy) |
| Filing 32 Corporate Disclosure Statement by NORTHWOOD, INC. identifying Corporate Parent BINSON'S HOSPITAL SUPPLIES, INC. for NORTHWOOD, INC... (Betz, Tracy) |
| Filing 31 Corporate Disclosure Statement by BINSON'S HOSPITAL SUPPLIES, INC.. (Betz, Tracy) |
| Filing 30 NOTICE of Appearance by Tracy Nicole Betz on behalf of Defendants JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DONNIE E. DICKSTEIN, KENNETH G. FASSE, NORTHWOOD, INC.. (Betz, Tracy) |
| Filing 29 NOTICE of Appearance by Donna A. Heiser on behalf of Defendant JEREMIAH MANKOPF. (Heiser, Donna) |
| Filing 28 MOTION for Extension of Time to May 26, 2017 in which to #12 Amended Complaint Respond to Plaintiffs' First Amended Complaint, filed by Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Attachments: #1 Text of Proposed Order)(Hull, Andrew) |
| Filing 27 Corporate Disclosure Statement by J&B MEDICAL SUPPLY CO., INC.. (Hull, Andrew) |
| Filing 26 NOTICE of Appearance by Riley H. Floyd on behalf of Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Floyd, Riley) |
| Filing 25 NOTICE of Appearance by Jason L. Fulk on behalf of Defendants J&B MEDICAL SUPPLY CO., INC., CHRISTOPHER F. SHAYA, FAWZI B. SHAYA. (Fulk, Jason) |
| Filing 24 NOTICE of Appearance by Wayne C. Turner on behalf of Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Turner, Wayne) |
| Filing 23 NOTICE of Appearance by Andrew W. Hull on behalf of Defendants J&B MEDICAL SUPPLY CO., INC., FAWZI B. SHAYA, MARY E. SHAYA. (Hull, Andrew) |
| Filing 22 BRIEF/MEMORANDUM in Support re #21 MOTION for Discovery to be Expedited , filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Potter, Geoffrey) |
| Filing 21 MOTION for Discovery to be Expedited, filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Text of Proposed Order)(Potter, Geoffrey) |
| Filing 20 AFFIDAVIT of Service via electronic mail, filed by ROCHE DIAGNOSTICS CORP., ROCHE DIABETES CARE, INC.. J&B MEDICAL SUPPLY CO., INC. served on 3/29/2017; FAWZI B. SHAYA served on 3/29/2017; MARY E. SHAYA served on 3/29/2017. (Richie, Joseph) Modified on 4/13/2017 (JKS). |
| Filing 19 AFFIDAVIT of Service via electronic mail, filed by ROCHE DIAGNOSTICS CORP., ROCHE DIABETES CARE, INC.. ALPHA XE LLC served on 3/29/2017; DELTA GLOBAL, LLC served on 3/29/2017; DANIEL GLADYS served on 3/29/2017; OLYMPUS GLOBAL, LLC served on 3/29/2017; CHRISTOPHER F. SHAYA served on 3/29/2017. (Richie, Joseph) Modified on 4/13/2017 (JKS). |
| Filing 18 AFFIDAVIT of Service via electronic mail, filed by ROCHE DIAGNOSTICS CORP., ROCHE DIABETES CARE, INC.. JAMES E. BINSON served on 3/29/2017; NICHOLAS B. BINSON served on 3/29/2017; ROBERT A. BINSON served on 3/29/2017; JAMES E. BINSON II served on 3/29/2017; BINSON'S HOSPITAL SUPPLIES, INC. served on 3/29/2017; DONNIE E. DICKSTEIN served on 3/29/2017; KENNETH G. FASSE served on 3/29/2017; NORTHWOOD, INC. served on 3/29/2017. (Richie, Joseph) Modified on 4/13/2017 (JKS). |
| Filing 17 AFFIDAVIT of Service via Fed Ex, filed by ROCHE DIAGNOSTICS CORP., ROCHE DIABETES CARE, INC.. JEREMIAH MANKOPF served on 4/11/2017. (Richie, Joseph) Modified on 4/13/2017 (JKS). |
| Filing 16 RETURN of Personal Service, filed by ROCHE DIAGNOSTICS CORP., ROCHE DIABETES CARE, INC.. JEREMIAH MANKOPF served on 4/6/2017. (Richie, Joseph) |
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Filing 15
ORDER granting #10 Motion to Appear pro hac vice. Attorney Joseph R. Richie for ROCHE DIABETES CARE, INC. and for ROCHE DIAGNOSTICS CORP. added. Signed by Judge Larry J. McKinney on 4/6/2017. (JKS)
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Filing 14
ORDER granting #8 Motion to Appear pro hac vice. Attorney Geoffrey Potter, Esq. for ROCHE DIABETES CARE, INC. and for ROCHE DIAGNOSTICS CORP. added. Signed by Judge Larry J. McKinney on 4/6/2017. (copy to Potter via US Mail) (JKS)
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Filing 13
ORDER granting Plaintiff's #9 Motion to Appear pro hac vice. Attorney Aron R Fischer for ROCHE DIABETES CARE, INC. and for ROCHE DIAGNOSTICS CORP. added. Signed by Judge Larry J. McKinney on 4/6/2017. (Copy to Fischer via US Mail) (JKS)
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| Filing 12 AMENDED COMPLAINT (First) against All Defendants, filed by All Plaintiffs.(Tittle, David) |
| Filing 11 RECEIPT #IP055063 for PHV Fee for attorneys Geoffrey Potter, Aron R. Fischer and Joseph Richie in the amount of $300.00, paid by Bingham Greenebaum Doll. (AAM) |
| Filing 10 MOTION for Attorney(s) Joseph Richie to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Exhibit A - Certification of Joseph Richie, #2 Text of Proposed Order)(Tittle, David) |
| Filing 9 MOTION for Attorney(s) Aron R. Fischer to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Exhibit A - Certification of Aron R. Fischer, #2 Text of Proposed Order)(Tittle, David) |
| Filing 8 MOTION for Attorney(s) Geoffrey Potter to Appear pro hac vice (No fee paid with this filing), filed by Plaintiffs ROCHE DIABETES CARE, INC., ROCHE DIAGNOSTICS CORP.. (Attachments: #1 Exhibit A - Certification of Geoffrey Potter, #2 Text of Proposed Order)(Tittle, David) |
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Filing 7
ORDER - The Court ORDERS Plaintiffs to file an Amended Complaint on or before April 5, 2017, that properly alleges a basis for this Court's diversity jurisdiction. (See Order.) Signed by Judge Larry J. McKinney on 3/29/2017. (LDH)
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| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 5 Corporate Disclosure Statement by ROCHE DIABETES CARE, INC. and ROCHE DIAGNOSTICS CORP. identifying Corporate Parent ROCHE HOLDING LTD, Corporate Parent NOVARTIS AG, Corporate Parent ROCHE HOLDINGS, INC. for ROCHE DIAGNOSTICS CORP.; and Corporate Parent ROCHE DIAGNOSTICS OPERATIONS, INC., Corporate Parent ROCHE HOLDING LTD, Corporate Parent NOVARTIS AG, Corporate Parent ROCHE DIAGNOSTICS CORP. for ROCHE DIABETES CARE, INC. (DJH) |
| Filing 4 Summonses Issued as to ALPHA XE LLC, JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DELTA GLOBAL, LLC, DONNIE E. DICKSTEIN, KENNETH G. FASSE, DANIEL GLADYS, J&B MEDICAL SUPPLY CO., INC., JEREMIAH MANKOPF, NORTHWOOD, INC., OLYMPUS GLOBAL, LLC, CHRISTOPHER F. SHAYA, FAWZI B. SHAYA, and MARY E. SHAYA. (DJH) |
| Filing 3 NOTICE of Appearance by David O. Tittle on behalf of Plaintiffs ROCHE DIABETES CARE, INC., and ROCHE DIAGNOSTICS CORP. (DJH) |
| Filing 2 NOTICE of Appearance by Jessica Whelan on behalf of Plaintiffs ROCHE DIABETES CARE, INC., and ROCHE DIAGNOSTICS CORP. (DJH) |
| Filing 1 COMPLAINT against ALPHA XE LLC, JAMES E. BINSON, NICHOLAS B. BINSON, ROBERT A. BINSON, JAMES E. BINSON II, BINSON'S HOSPITAL SUPPLIES, INC., DELTA GLOBAL, LLC, DONNIE E. DICKSTEIN, KENNETH G. FASSE, DANIEL GLADYS, J&B MEDICAL SUPPLY CO., INC., JEREMIAH MANKOPF, NORTHWOOD, INC., OLYMPUS GLOBAL, LLC, PHARMACY JOHN DOES 1-50, CHRISTOPHER F. SHAYA, FAWZI B. SHAYA, MARY E. SHAYA, filed by ROCHE DIAGNOSTICS CORP., ROCHE DIABETES CARE, INC.. (Filing fee $400, receipt number IP054939) (Attachments: #1 Civil Cover Sheet)(DJH) |
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