CAPITAL WHOLESALE DRUG COMPANY v. INCEPTUA, INC.
Plaintiff: INCEPTUA, INC.
Defendant: MD LOGISTICS, INC.
Case Number: 1:2019cv03126
Filed: July 25, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: Sarah Evans Barker
Referring Judge: Doris L Pryor
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 6, 2019 Opinion or Order Filing 35 SCHEDULING ORDER: Status Conference set for 9/25/2019 at 08:30 AM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor on 9/6/2019. (MAC)
July 25, 2019 Filing 34 Case transferred in from District of Ohio Southern; Case Number 2:19-oe-00137. Original file copy of transfer order and docket sheet received.
July 25, 2019 Case transferred to District of Indiana Southern. Case file and docket sheet sent Electronically. (er) [Transferred from Ohio Southern on 7/25/2019.]
July 24, 2019 Opinion or Order Filing 33 ORDER granting #31 Motion to Change Venue to the United States District Court for the Southern District of Indiana as to the third-party claims. Signed by Judge Sarah D. Morrison on 7/24/19. (sem) [Transferred from Ohio Southern on 7/25/2019.]
July 23, 2019 NOTICE of Hearing: Telephonic Status Conference set for 7/25/2019 @ 10:30 AM before Magistrate Judge Kimberly A. Jolson. Counsel are directed to join together on one line and call the Court at 614-719-3470. (jr) [Transferred from Ohio Southern on 7/25/2019.]
July 1, 2019 Opinion or Order Filing 32 ORDER REASSIGNING CASE. Case reassigned to Judge Sarah D. Morrison for all further proceedings. Judge Algenon L. Marbley no longer assigned to case. Signed by Chief Judge Edmund A. Sargus on 7/1/19. (jcw) [Transferred from Ohio Southern on 7/25/2019.]
May 31, 2019 Filing 31 MOTION to Change Venue by ThirdParty Plaintiff Inceptua, Inc.. (Attachments: #1 Supplement Proposed Order Granting Motion) (Dortch, Michael) [Transferred from Ohio Southern on 7/25/2019.]
May 23, 2019 Opinion or Order Filing 30 ORDER granting #28 Motion for Extension of Time: Response to #22 Motion to Dismiss due by 5/31/2019. Signed by Magistrate Judge Kimberly A. Jolson on 5/23/2019. (ew) [Transferred from Ohio Southern on 7/25/2019.]
May 17, 2019 Filing 29 NOTICE by ThirdParty Defendant MD Logistics, Inc of Service of Initial Disclosures (Fagnilli, David) [Transferred from Ohio Southern on 7/25/2019.]
May 16, 2019 Filing 28 MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, to Transfer Venue New date requested 5/24/2019. by Defendant Inceptua, Inc.. (Dortch, Michael) [Transferred from Ohio Southern on 7/25/2019.]
May 16, 2019 Filing 27 ANSWER to #5 Answer to Complaint,, Third Party Complaint,, Counterclaim, Plaintiff Capital Wholesale Drug Company's Answer to Defendant Inceptua, Inc.'s Counterclaim filed by Capital Wholesale Drug Company. (Stemm, Mark) [Transferred from Ohio Southern on 7/25/2019.]
May 3, 2019 Opinion or Order Filing 26 SCHEDULING ORDER: The Pretrial Conference set for 5/8/2019 is VACATED. Case is referred to mediation in September 2019. Joinder of Parties and Motions to Amend due by 6/28/2019. Rule 26(a)(1) Disclosures due by 5/17/2019. Primary Expert due by 10/25/2019. Rebuttal Expert due by 11/29/2019. Discovery due by 1/31/2020. Protective Order or Clawback Agreement due by 6/17/2019. Dispositive Motions due by 2/28/2020. Settlement Demand due by 6/3/2019. Response to Settlement Demand due by 6/19/2019. Signed by Magistrate Judge Kimberly A. Jolson on 5/3/2019. (ew) [Transferred from Ohio Southern on 7/25/2019.]
May 3, 2019 Filing 25 RULE 26(f) REPORT by Plaintiff Capital Wholesale Drug Company, Counter Defendant Capital Wholesale Drug Company, ThirdParty Plaintiff Inceptua, Inc., ThirdParty Defendant MD Logistics, Inc. (Stemm, Mark) [Transferred from Ohio Southern on 7/25/2019.]
April 25, 2019 Filing 24 ANSWER to #12 Amended Complaint , Counterclaim, and Third-Party Complaint filed by Inceptua, Inc.. (Dortch, Michael) [Transferred from Ohio Southern on 7/25/2019.]
April 25, 2019 Filing 23 ANSWER to #5 Answer to Complaint, THIRD PARTY COMPLAINT, Counterclaim, filed by MD Logistics, Inc. (Fagnilli, David) Modified text on 4/29/2019 (jlk). [Transferred from Ohio Southern on 7/25/2019.]
April 25, 2019 Filing 22 MOTION to Dismiss for Lack of Jurisdiction or, Alternatively, to Transfer Venue by ThirdParty Defendant MD Logistics, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Fagnilli, David) [Transferred from Ohio Southern on 7/25/2019.]
April 12, 2019 Filing 21 NOTICE of Appearance by Gregory F Hauser for Counter Claimant Inceptua, Inc., ThirdParty Plaintiff Inceptua, Inc., Defendant Inceptua, Inc. (Hauser, Gregory) [Transferred from Ohio Southern on 7/25/2019.]
April 11, 2019 Opinion or Order Filing 20 NOTATION ORDER: granting #16 Motion for Leave to Appear Pro Hac Vice of Gregory F. Hauser. Signed by Magistrate Judge Kimberly A. Jolson on April 11, 2019. (jlk) [Transferred from Ohio Southern on 7/25/2019.]
April 9, 2019 Opinion or Order Filing 19 ORDER granting #17 Motion for Extension of Time as to Inceptua, Inc.: Answer due 4/25/2019. Signed by Magistrate Judge Kimberly A. Jolson on 4/9/2019. (ew) [Transferred from Ohio Southern on 7/25/2019.]
April 9, 2019 Filing 18 Joint MOTION to Amend & Extend the Procedural Schedule by Counter Claimant Inceptua, Inc.. (Attachments: #1 Supplement Memorandum In Support, #2 Supplement Proposed Order) (Dortch, Michael) [Transferred from Ohio Southern on 7/25/2019.]
April 9, 2019 NOTICE of Hearing: Preliminary Pretrial Conference reset for 5/8/2019 @ 2:00 PM before Magistrate Judge Kimberly A. Jolson. (jr) [Transferred from Ohio Southern on 7/25/2019.]
April 8, 2019 Filing 17 MOTION for Extension of Time to File Answer New date requested 4/25/2019. by Defendant Inceptua, Inc.. (Attachments: #1 Supplement Proposed Order Granting Motion) (Dortch, Michael) [Transferred from Ohio Southern on 7/25/2019.]
April 8, 2019 Filing 16 First MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6873683) of Gregory F. Hauser by Defendant Inceptua, Inc.. (Dortch, Michael) [Transferred from Ohio Southern on 7/25/2019.]
April 2, 2019 Filing 15 NOTICE of Hearing: Preliminary Pretrial Conference set for 4/17/2019 @ 2:00 PM before Magistrate Judge Kimberly A. Jolson. (jr) [Transferred from Ohio Southern on 7/25/2019.]
April 2, 2019 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time to Answer as to MD Logistics, Inc.: Answer to Third-Party Complaint due by 4/25/2019. Signed by Magistrate Judge Kimberly A. Jolson on 4/2/2019. (ew) [Transferred from Ohio Southern on 7/25/2019.]
March 28, 2019 Filing 13 Unopposed MOTION for Extension of Time to File Answer re #5 Answer to Complaint,, Third Party Complaint,, Counterclaim, New date requested 4/25/2019. by ThirdParty Defendant MD Logistics, Inc. (Attachments: #1 Text of Proposed Order) (Fagnilli, David) [Transferred from Ohio Southern on 7/25/2019.]
March 28, 2019 Filing 12 AMENDED COMPLAINT against Inceptua, Inc. filed by Capital Wholesale Drug Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (ew) [Transferred from Ohio Southern on 7/25/2019.]
March 28, 2019 Opinion or Order Filing 11 ORDER granting #10 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Kimberly A. Jolson on 3/28/2019. (ew) [Transferred from Ohio Southern on 7/25/2019.]
March 26, 2019 Filing 10 Unopposed MOTION for Leave to File Amended Complaint by Plaintiff Capital Wholesale Drug Company. (Attachments: #1 Exhibit 1 - Amended Complaint, #2 Exhibit A - to Amended Complaint, #3 Exhibit B - to Amended Complaint, #4 Exhibit C - to Amended Complaint, #5 Exhibit D - to Amended Complaint, #6 Exhibit E - to Amended Complaint, #7 Exhibit F - to Amended Complaint, #8 Exhibit G - to Amended Complaint, #9 Text of Proposed Order) (Stemm, Mark) [Transferred from Ohio Southern on 7/25/2019.]
March 25, 2019 Filing 9 CERTIFICATE of Mailing by the Clerk: The Clerk of the United States District Court, Southern District of Ohio, mailed a copy of the Third-Party Summons and Answer, Counterclaim, and Third-Party Complaint via certified mail to the Third-Party Defendant. (7015 0640 0007 8515 3529). (jlk) [Transferred from Ohio Southern on 7/25/2019.]
March 5, 2019 Filing 8 Summons Issued as to MD Logistics, Inc. (jlk) [Transferred from Ohio Southern on 7/25/2019.]
March 5, 2019 Set/Reset Deadlines: Capital Wholesale Drug Company answer due 3/26/2019. (jlk) [Transferred from Ohio Southern on 7/25/2019.]
March 4, 2019 Filing 7 REQUEST for Issuance of Summons. MD Logistics, Inc. (Dortch, Michael) [Transferred from Ohio Southern on 7/25/2019.]
March 4, 2019 Filing 6 STIPULATION Stipulated Extension of Time to Move or Plead by Plaintiff Capital Wholesale Drug Company, Counter Defendant Capital Wholesale Drug Company. (Stemm, Mark) [Transferred from Ohio Southern on 7/25/2019.]
February 12, 2019 Filing 5 ANSWER to #2 Complaint, THIRD PARTY COMPLAINT against MD Logistics, Inc, COUNTERCLAIM against Capital Wholesale Drug Company filed by Inceptua, Inc.. (Attachments: #1 Exhibit, #2 Exhibit) (Dortch, Michael) Modified text on 2/13/2019 (jlk). [Transferred from Ohio Southern on 7/25/2019.]
January 23, 2019 Filing 4 Corporate Disclosure Statement by Plaintiff Capital Wholesale Drug Company. (Stemm, Mark) [Transferred from Ohio Southern on 7/25/2019.]
January 23, 2019 Set/Reset Deadlines: Inceptua, Inc. answer due 2/12/2019. (er) [Transferred from Ohio Southern on 7/25/2019.]
January 18, 2019 Filing 3 STIPULATION Stipulated Extension of time to Move or Plead by Defendant Inceptua, Inc.. (Dortch, Michael) [Transferred from Ohio Southern on 7/25/2019.]
January 17, 2019 Filing 2 COMPLAINT with JURY DEMAND against Inceptua, Inc., filed by Capital Wholesale Drug Company. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet) (jlk) [Transferred from Ohio Southern on 7/25/2019.]
January 17, 2019 Filing 1 NOTICE OF REMOVAL from Franklin County, Ohio Court of Common Pleas, case number 18-CV-10482, filed by Inceptua, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit Exhibit A - State Court Filings, #4 Supplement Corporate Disclosure Form) (Dortch, Michael) [Transferred from Ohio Southern on 7/25/2019.]
January 15, 2019 Filing fee received: $400. Receipt number: 0648-6751738. (ew) [Transferred from Ohio Southern on 7/25/2019.]

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Plaintiff: INCEPTUA, INC.
Represented By: Michael D Dortch
Represented By: Gregory F Hauser
Represented By: Justin M. Dortch
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Defendant: MD LOGISTICS, INC.
Represented By: David J Fagnilli
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