United States, et al v. Cytogel Pharma, LLC
Plaintiff: The Administrators of the Tulane Educational Fund, United States, Administrators of the Tulane Educational Fund and United States of America
Defendant: Cytogel Pharma, LLC
Counter Defendant: James E Zadina
Case Number: 2:2016cv13987
Filed: August 19, 2016
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Out of State
Presiding Judge: Janis van Meerveld
Referring Judge: Susie Morgan
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgment
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2019 Opinion or Order Filing 561 CONSENT JUDGMENT between United States of America, Administrators of the Tulane Education Fund, James E. Zadina, and Cytogel Pharma, LLC. Signed by Judge Susie Morgan on 9/13/2019. (sbs)
September 12, 2019 Opinion or Order Filing 560 EXPARTE/CONSENT Joint MOTION for Entry of Consent Judgment by All Parties. (Attachments: #1 Proposed Consent Judgment)(Reuter, Bryan) Modified on 9/12/2019 to edit filers (bwn).
August 22, 2019 Opinion or Order Filing 559 ORDER granting #558 Motion for Extension of Dismissal Order. Signed by Judge Susie Morgan. (bwn)
August 21, 2019 Opinion or Order Filing 558 EXPARTE/CONSENT MOTION for Extension of Dismissal Order by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Proposed Order)(Miller, Joseph) Modified on 8/21/2019 to edit docket text (bwn).
June 20, 2019 Opinion or Order Filing 557 Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: A Settlement Conference was held on 6/20/2019. All outstanding issues regarding settlement were resolved. Most parties executed a Settlement Agreement and Consent Judgment consummating the final resolution of all claims. Department of Justice approval is still pending and is anticipated in 30-60 days. (ajn)
May 29, 2019 Opinion or Order Filing 556 ORDER granting #554 Second Motion, and Incorporated Memorandum in Support, to Extend the Time to Consummate Settlement Documents. The previous 90-day Order is modified such that this action is dismissed as to all parties, without costs and without prejudice to the right, upon good cause shown, by 8/26/2019, to reopen the action if settlement is not consummated. Signed by Judge Susie Morgan on 5/29/2019. (sbs)
May 29, 2019 Opinion or Order Filing 555 RESPONSE to Motion filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #554 Second MOTION, and Incorporated Memorandum in Support, to Extend the Time to Consummate Settlement Documents. (Miller, Joseph)
May 24, 2019 Opinion or Order Filing 554 EXPARTE/CONSENT Second MOTION, and Incorporated Memorandum in Support, to Extend the Time to Consummate Settlement Documents by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Herman, Stephen) Modified text on 5/24/2019 (sbs).
April 23, 2019 Opinion or Order Filing 553 ORDER SCHEDULING SETTLEMENT CONFERENCE: A Settlement Conference is set for Thursday, 6/20/2019 at 1:00 PM before Magistrate Judge Janis van Meerveld. Please note that a photo ID is required to enter the building. PLEASE BE PUNCTUAL. No new submissions are necessary. Signed by Magistrate Judge Janis van Meerveld on 4/23/2018.(ajn)
February 25, 2019 Opinion or Order Filing 552 ORDER granting #550 Motion to Extend the Time to Consummate Settlement Documents. The previous 90-day Order, R. Doc. 542, is modified such that this action is dismissed as to all parties, without costs and without prejudice to the right, upon good cause shown, by 5/28/2019, to reopen the action if settlement is not consummated. In addition, the Court specifically retains jurisdiction to enforce the settlement agreement if settlement is not consummated within ninety days. Signed by Judge Susie Morgan on 2/25/19. (sbs)
February 22, 2019 Opinion or Order Filing 551 RESPONSE to Motion filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #550 Motion and Incorporated Memorandum in Support to Extend the Time to Consummate Settlement Documents. (Miller, Joseph) Modified text on 2/25/2019 (sbs).
February 22, 2019 Opinion or Order Filing 550 EXPARTE/CONSENT MOTION and Incorporated Memorandum in Support to Extend the Time to Consummate Settlement Documents by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Herman, Stephen) Modified text on 2/25/2019 (sbs).
January 9, 2019 Opinion or Order Filing 549 Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: A Status Conference was held on 1/9/2019. The parties discussed the status of the parties' negotiation of the settlement agreement. (ajn)
January 7, 2019 Opinion or Order Filing 548 ORDER SETTING STATUS CONFERENCE: IT IS ORDERED that a Status Conference is set for Wednesday, 1/9/2019 at 1:00 PM before Magistrate Judge Janis van Meerveld. Counsel for Tulane and counsel for Cytogel--one per side--shall attend. The purpose of the conference is to discuss finalizing the settlement. Signed by Magistrate Judge Janis van Meerveld on 1/7/2019.(ajn)
December 31, 2018 Opinion or Order Filing 547 SEALED TRANSCRIPT of Settlement Conference held on November 27, 2018 before Judge Janis van Meerveld. Court Reporter/Recorder Magistrate Clerical, Telephone number 504-589-7724. (rsg)
December 20, 2018 Opinion or Order Filing 546 ORDER - On November 28, 2018, the parties reached a settlement in this case, and the terms of the settlement were recorded. IT IS ORDERED that the recording of the settlement be transcribed and a copy of the transcript be placed into the record under SEAL. IT IS FURTHER ORDERED that a copy of the sealed transcript be provided to counsel of record upon request and payment of the requisite fee. Signed by Magistrate Judge Janis van Meerveld on 12/20/2018.(cg)
December 3, 2018 Opinion or Order Filing 545 AO 120 Final Report Regarding Patent & Trademark. (bwn)
November 30, 2018 Opinion or Order Filing 544 ORDER granting #543 Motion to Seal R. Docs #459 , #507 , #530 , and #535 . Signed by Judge Susie Morgan. (bwn)
November 29, 2018 Opinion or Order Filing 543 EXPARTE/CONSENT MOTION to Seal R. Docs #459 , #507 , #530 , #535 by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(King, Charles) Modified text on 11/29/2018 (sbs).
November 28, 2018 Opinion or Order Filing 542 ORDER OF DISMISSAL. Signed by Judge Susie Morgan.(bwn)
November 28, 2018 Opinion or Order Filing 541 Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Settlement Conference held on 11/27/2018. Negotiations were successful and resulted in the settlement of all claims. The U.S. District Judge's chambers have been notified. (caa)
November 27, 2018 Opinion or Order Filing 540 ORDER granting and denying in part #468 Motion in Limine No. 5 to Preclude Cytogel Pharma, LLC from Making Certain Misrepresentations, as stated herein. Signed by Judge Susie Morgan on 11/28/2018. (tsf)
November 27, 2018 Opinion or Order Filing 539 ORDER that by THURSDAY, NOVEMBER 29, 2018, at 5:00 pm, Cytogel file a supplemental opposition to #465 MOTION in Limine No. 2 to Preclude Evidence the Inventorship of the '436 Patent is Improper with respect to each of the eleven alleged trade secret categories, as stated herein. Signed by Judge Susie Morgan on 11/27/2018. (tsf)
November 27, 2018 Opinion or Order Filing 538 ORDER - IT IS ORDERED that the Motion in Limine to exclude scientific journal articles cited by the expert witnesses of Defendant Cytogel Pharma, LLC, including Proposed Trial Exhibits 469, 480, and 484, filed by Plaintiffs the United States of America and the Administrators of the Tulane Educational Fund and Counterclaim-Defendant Dr. James E. Zadina, be and hereby is GRANTED WITHOUT OBJECTION as to Proposed Trial Exhibit 469 and DENIED as to Proposed Trial Exhibits 480 and 484 to the extent that, at trial, if Dr. Stephen G. Davies' testimony establishes Proposed Trial Exhibits 480 and 484 as reliable authorities and if they are either brought to Dr. Davies' attention on cross-examination, or relied on during his direct examination, they may be read into evidence, but will not be received as exhibits. Signed by Judge Susie Morgan. (bwn)
November 27, 2018 Opinion or Order Filing 537 ORDER - IT IS ORDERED that #470 Motion in Limine to exclude lists of emails, including Proposed Trial Exhibits 478 and 479, filed by Plaintiffs the United States of America and the Administrators of the Tulane Educational Fund ("Tulane") and Counterclaim-Defendant Dr. James E. Zadina, be and hereby is GRANTED. The objections to Proposed Trial Exhibits 478 and 479 are SUSTAINED. Signed by Judge Susie Morgan. (bwn)
November 27, 2018 Opinion or Order Filing 536 ORDER - IT IS ORDERED that the #463 Motion in Limine to exclude evidence of consulting agreements Cytogel had with consultants other than Counterclaim-Defendant Dr. James E. Zadina, including Proposed Trial Exhibits 411 and 418, filed by Defendant Cytogel Pharma, LLC be and hereby is DENIED. The Objections to Proposed Trial Exhibits 411 and 418 are OVERRULED. Signed by Judge Susie Morgan. (bwn)
November 27, 2018 Opinion or Order Filing 535 REPLY MEMORANDUM by Cytogel Pharma, LLC in Support of #459 MOTION to Exclude Evidence re Dr. Carozza. (sbs)
November 27, 2018 Opinion or Order Filing 534 ORDER granting #530 Motion for Leave to File Reply Memorandum. Signed by Judge Susie Morgan on 11/27/18. (sbs)
November 27, 2018 Opinion or Order Filing 533 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, James E Zadina re #487 MOTION to Seal Exhibits Containing Cytogel Pharma LLC's Trade Secrets. (Olson, Arne)
November 27, 2018 Opinion or Order Filing 532 ORDER granting #526 Motion to Seal Cytogel's memoranda filed at R. Docs. #510 , #511 (and exhibits 511-1, 511-2,511-3), #514 , #515 , #516 , #517 (and exhibits 517-1, 517-2, 517-3, 517-4), #520 , and #523 . Signed by Judge Susie Morgan on 11/27/2018. (tsf)
November 27, 2018 Opinion or Order Filing 531 ORDER that Plaintiffs and Counter-Defendant file a reply by WEDNESDAY, NOVEMBER 28, 2018, at 12:00 P.M. to Cytogel's #521 Response/Memorandum in Opposition to #465 MOTION in Limine No. 2 to Preclude Evidence the Inventorship of the '436 Patent is Improper. Signed by Judge Susie Morgan on 11/27/2018. (tsf)
November 27, 2018 Opinion or Order Filing 530 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #459 MOTION to Exclude Evidence re Dr. Carozza by Cytogel Pharma, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Dossier, Eva) Modified text on 11/27/2018 (sbs).
November 26, 2018 Opinion or Order Filing 529 ORDER granting #513 Motion to Seal the United States' #512 Proposed Findings of Fact & Conclusions of Law. Signed by Judge Susie Morgan on 11/26/2018. (tsf)
November 26, 2018 Opinion or Order Filing 528 ORDER granting Plaintiffs' #509 Motion to Seal their #508 Response/Memorandum in Opposition to Cytogel's #463 MOTION to Exclude Evidence of Other Consulting Agreements. Signed by Judge Susie Morgan on 11/26/2018. (tsf)
November 26, 2018 Opinion or Order Filing 527 ORDER granting Plaintiffs' #506 Motion to Seal their #505 Response/Memorandum in Opposition to Cytogel's #486 Response and Motion in Limine to Exclude Evidence of FDA Clinical Holds. (tsf)
November 26, 2018 Opinion or Order Filing 526 EXPARTE/CONSENT MOTION to Seal Documents #510 , #511 , #514 , #515 , #516 , #517 , #520 , and #523 by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Creevy, John) Modified text on 11/27/2018 (sbs).
November 26, 2018 Opinion or Order Filing 525 REPLY to Response to Motion filed by Cytogel Pharma, LLC re #460 MOTION to Admit Tulane's Valuation of the '436 Patent. (tsf)
November 26, 2018 Opinion or Order Filing 524 Joint Statement of the Case by Administrators of the Tulane Educational Fund, United States of America, James E Zadina, Cytogel Pharma, LLC. (Olson, Arne) Modified text and filers on 11/27/2018 (sbs).
November 26, 2018 Opinion or Order Filing 523 Proposed Findings of Fact & Conclusions of Law by Cytogel Pharma, LLC. (Dossier, Eva) (Main Document 523 replaced on 11/27/2018 with a sealed version provided to the Court) (tsf).
November 26, 2018 Opinion or Order Filing 522 RESPONSE/MEMORANDUM in Opposition by Cytogel Pharma, LLC to #462 OBJECTIONS to Cytogel's Trial Exhibits 467 and 468. (Chaney, Christian) Modified text on 11/27/2018 (sbs).
November 26, 2018 Opinion or Order Filing 521 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #465 MOTION in Limine No. 2 to Preclude Evidence the Inventorship of the '436 Patent is Improper. (Dossier, Eva)
November 26, 2018 Opinion or Order Filing 520 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #467 MOTION in Limine No. 4 to Exclude Speculation as to Dr. Zadina's Motivation for Inventing the '436 Compounds. (Reuter, Bryan) Modified text on 11/27/2018 (sbs). (Main Document 520 replaced on 11/27/2018 with a sealed version provided to the Court) (tsf).
November 26, 2018 Opinion or Order Filing 519 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #470 MOTION in Limine No. 7 to Exclude Summaries of Dr. J. Zadina's Cytogel Email Correspondence and Cytogel Emails Folder: Trial Exhibits 478 and 479. (Attachments: #1 Exhibit)(Dossier, Eva) Modified text on 11/27/2018 (sbs).
November 26, 2018 Opinion or Order Filing 518 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #471 MOTION in Limine No. 8 to Exclude Trial Exhibits 469, 480, and 484 at Trial. (Chaney, Christian) Modified text on 11/27/2018 (sbs).
November 26, 2018 Opinion or Order Filing 517 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #474 MOTION in Limine No. 11 to Exclude Trial Exhibits 449, 450, 452, 455, 456, 458, 459, 460, 461, 462, 475, 476, and 477. (Attachments: #1 Exhibit A (Under Seal), #2 Exhibit B (Under Seal, #3 Exhibit C (Under Seal), #4 Exhibit D (Under Seal))(Chaney, Christian) Modified text on 11/27/2018 (sbs). (Main Document 517 and Attachments 1-4 replaced on 11/27/2018 with sealed versions provided to the Court) (tsf).
November 26, 2018 Opinion or Order Filing 516 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #468 MOTION in Limine No. 5 to Preclude Cytogel Pharma, LLC from Making Certain Misrepresentations. (King, Charles) (Main Document 516 replaced on 11/27/2018 with a sealed version provided to the Court) (tsf).
November 26, 2018 Opinion or Order Filing 515 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #466 MOTION in Limine No. 3 to Exclude Irrelevant and Barred Evidence of Trade Secret Misappropriation. (King, Charles) (Main Document 515 replaced on 11/27/2018 with a sealed version provided to the Court) (tsf).
November 26, 2018 Opinion or Order Filing 514 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #464 MOTION in Limine No. 1 to Preclude Cytogel Pharma, LLC's Irrelevant Evidence of Contributions After the Invention Date. (King, Charles) (Main Document 514 replaced on 11/27/2018 with a sealed version provided to the Court) (tsf).
November 26, 2018 Opinion or Order Filing 513 EXPARTE/CONSENT MOTION to Seal Document #512 Proposed Findings of Fact & Conclusions of Law by United States of America. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Sternhell, Philip)
November 26, 2018 Opinion or Order Filing 512 Proposed Findings of Fact & Conclusions of Law by United States of America. (Sternhell, Philip) (Main Document 512 replaced on 11/26/2018 with a sealed document that was provided to the Court) (tsf).
November 26, 2018 Opinion or Order Filing 511 Response by Cytogel Pharma, LLC re #456 OBJECTIONS to the Deposition Designations of Cytogel by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Exhibit A (Under Seal), #2 Exhibit B (Under Seal), #3 Exhibit C (Under Seal), #4 Exhibit D)(Creevy, John) Modified text on 11/27/2018 (sbs). (Main Document 511 and Attachments 1-3 replaced on 11/27/2018 with sealed versions provided to the Court) (tsf). (Attachment 4 replaced on 11/28/2018 to remove double headers) (tsf).
November 26, 2018 Opinion or Order Filing 510 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #473 MOTION in Limine No. 10 to Exclude Trial Exhibits 445, 446, 447, 448, and 457 Because They Contain Hearsay Not Within An Exception. (Creevy, John) Modified on 11/27/2018 (sbs). (Main Document 510 replaced on 11/27/2018 with a sealed version provided to the Court) (tsf).
November 26, 2018 Opinion or Order Filing 509 EXPARTE/CONSENT MOTION to Seal Document #508 Response/Memorandum in Opposition to Motion re #463 MOTION to Exclude Evidence of Other Consulting Agreements, by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified on 11/27/2018 (sbs).
November 26, 2018 Opinion or Order Filing 508 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #463 MOTION to Exclude Evidence of Other Consulting Agreements . (Olson, Arne) (Main Document 508 replaced on 11/26/2018 with a sealed document that was provided to the Court) (tsf).
November 26, 2018 Opinion or Order Filing 507 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, James E Zadina re #459 MOTION to Exclude Evidence re Dr. Carozza. (Olson, Arne)
November 26, 2018 Opinion or Order Filing 506 EXPARTE/CONSENT MOTION to Seal Document #505 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, James E Zadina re Cytogel's #486 Response to #476 Supplemental Trial Memorandum and MOTION in Limine to Exclude Evidence of FDA Clinical Holds, by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified text on 11/27/2018 (sbs).
November 26, 2018 Opinion or Order Filing 505 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, James E Zadina re Cytogel's #486 Response to #476 Supplemental Trial Memorandum and MOTION in Limine to Exclude Evidence of FDA Clinical Holds. (Olson, Arne) (Modified text and Main Document 505 replaced on 11/26/2018 with sealed document provided to the Court) (tsf).
November 26, 2018 Opinion or Order Filing 503 ORDER AND REASONS - IT IS ORDERED that the #283 Motion in Limine on the Admissibility of the Expert Testimony of Defendant Cytogel Pharma, LLC's expert Dr. Gregory K. Bell, filed by Plaintiffs the United States of America and the Administrators of the Tulane Educational Fund and Counterclaim-Defendant Dr. James E. Zadina, be and hereby is GRANTED. IT IS FURTHER ORDERED that the #268 Motion in Limine on the Admissibility of the Expert Testimony of Defendant Cytogel Pharma, LLC's expert Dr. William K. Schmidt, filed by Plaintiffs the United States of America and the Administrators of the Tulane Educational Fund and Counterclaim-Defendant Dr. James E. Zadina, be and hereby is DENIED AS MOOT. IT IS FURTHER ORDERED that the #281 Motion in Limine on the Admissibility of the Expert Testimony of Cytogel's expert Dr. William A. Clementi, filed by Plaintiffs the United States of America and the Administrators of the Tulane Educational Fund and Counterclaim-Defendant Dr. James E. Zadina, be and hereby is DENIED AS MOOT. Signed by Judge Susie Morgan. (bwn)
November 26, 2018 Opinion or Order Filing 502 ORDER granting Cytogel's #497 Motion for Leave to Reply re its #460 MOTION to Admit Tulane's Valuation of the '436 Patent. Signed by Judge Susie Morgan on 11/26/2018. (tsf)
November 26, 2018 Opinion or Order Filing 501 ORDER granting Plaintiffs' #496 Motion to Seal their #495 Response/Memorandum in Opposition to Cytogel's #460 MOTION to Admit Tulane's Valuation of the '436 Patent. Signed by Judge Susie Morgan on 11/26/2018. (tsf)
November 26, 2018 Opinion or Order Filing 500 ORDER granting Cytogel's #494 Motion to File Exhibits Under Seal re its #493 Response/Memorandum in Opposition to Plaintiffs' #472 MOTION in Limine No. 9 to Exclude Cytogel's Profit and Loss Statements at Trial. Signed by Judge Susie Morgan on 11/26/2018. (tsf)
November 26, 2018 Opinion or Order Filing 499 ORDER granting #492 Motion to Seal Cytogel's #491 Response/Memorandum in Opposition to Plaintiffs' #469 MOTION in Limine No. 6 to Exclude Irrelevant Evidence Concerning Cytogel's Damages Theory. Signed by Judge Susie Morgan on 11/26/2018. (tsf)
November 26, 2018 Opinion or Order Filing 498 ORDER granting #488 Motion to Seal Cytogel's #486 Response to Supplemental Trial Memorandum and Motion in Limine and Exhibit A attached thereto. Signed by Judge Susie Morgan on 11/26/2018. (tsf) (Main Document 498 replaced on 11/26/2018 with corrected image) (tsf).
November 23, 2018 Opinion or Order Filing 497 EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of #460 MOTION to Admit Tulane's Valuation of the '436 Patent, by Cytogel Pharma, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Herman, Stephen) Modified text on 11/26/2018 (sbs).
November 23, 2018 Opinion or Order Filing 496 EXPARTE/CONSENT MOTION to File Exhibit Under Seal re #495 RESPONSE/MEMORANDUM in Opposition re #460 MOTION to Admit Tulane's Valuation of the '436 Patent by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(Olson, Arne) Modified text on 11/26/2018 (sbs).
November 23, 2018 Opinion or Order Filing 495 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #460 MOTION to Admit Tulane's Valuation of the '436 Patent. (Attachments: #1 Exhibit A, #2 Exhibit B (Under Seal))(Olson, Arne) Modified text on 11/26/2018 (sbs). (Main Document 495 and Attachment 2 replaced on 11/26/2018 with sealed documents provided to the Court) (tsf).
November 23, 2018 Opinion or Order Filing 494 EXPARTE/CONSENT MOTION to File Exhibits Under Seal re #493 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #472 MOTION in Limine No. 9 to Exclude Cytogel's Profit and Loss Statements at Trial by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Herman, Stephen) Modified text on 11/26/2018 (sbs).
November 23, 2018 Opinion or Order Filing 493 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #472 MOTION in Limine No. 9 to Exclude Cytogel's Profit and Loss Statements at Trial. (Attachments: #1 Exhibit 1 (Under Seal), #2 Exhibit 2 (Under Seal))(Herman, Stephen) (Attachments 1-2 replaced on 11/26/2018 with sealed documents provided to the Court) (tsf).
November 23, 2018 Opinion or Order Filing 492 EXPARTE/CONSENT MOTION to File Exhibits Under Seal re #491 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #469 MOTION in Limine No. 6 to Exclude Irrelevant Evidence Concerning Cytogel's Damages Theory by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Herman, Stephen) Modified text on 11/26/2018 (sbs).
November 23, 2018 Opinion or Order Filing 491 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #469 MOTION in Limine No. 6 to Exclude Irrelevant Evidence Concerning Cytogel's Damages Theory. (Attachments: #1 Exhibit 1 (Under Seal), #2 Exhibit 2 (Under Seal), #3 Exhibit 3 (Under Seal), #4 Exhibit 4 (Under Seal))(Herman, Stephen) (Attachments 1-4 replaced on 11/26/2018 with sealed documents provided to the Court) (tsf).
November 21, 2018 Opinion or Order Filing 490 Proposed Jury Verdict Form by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Plaintiff's and Dr. Zadina's Proposed Jury Verdict Form, #2 Cytogel's Proposed Jury Verdict Form)(Olson, Arne)
November 21, 2018 Opinion or Order Filing 489 Proposed Jury Instructions by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Plaintiff's and Dr. Zadina's Proposed Instructions and Cytogel's Objections thereto, #2 Cytogel's Proposed Instructions and Plaintiff's and Dr. Zadina's Objections thereto)(Olson, Arne)
November 21, 2018 Opinion or Order Filing 488 EXPARTE/CONSENT MOTION to Seal #486 Response to Trial Memorandum and Motion in Limine and Exhibits by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Creevy, John) Modified text on 11/23/2018 (jeg).
November 21, 2018 Opinion or Order Filing 487 MOTION to Seal Exhibits Containing Cytogel Pharma LLC's Trade Secrets by Cytogel Pharma, LLC. Motion(s) will be submitted on 12/12/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission and Notice of Seal, #3 Proposed Order)(Chaney, Christian)
November 21, 2018 Opinion or Order Filing 486 Response to Dr. Zadina's and Tulane's #476 Supplemental Trial Memorandum and MOTION in Limine to Exclude Evidence of FDA Clinical Holds, by Cytogel Pharma, LLC. Motion(s) will be submitted on 12/12/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Proposed Order, #4 Notice of Submission)(Creevy, John) Modified text on 11/23/2018 (jeg). (Main Document 486 and Attachments 1-2 replaced on 11/26/2018 with sealed documents that were provided to the Court) (tsf).
November 21, 2018 Opinion or Order Filing 485 ORDER granting #477 Motion to Seal Document #476 Supplemental Trial Memorandum Regarding the Unclean Hands Affirmative Defense. Signed by Judge Susie Morgan on 11/20/2018. (bwn)
November 21, 2018 Opinion or Order Filing 484 ORDER granting #475 Motion to Seal Documents Related to #464 MOTION in Limine No. 1, #466 MOTION in Limine No. 3, #467 MOTION in Limine No. 4, #469 MOTION in Limine No. 6, #470 MOTION in Limine No. 7, #471 MOTION in Limine No. 8, #472 MOTION in Limine No. 9, #473 MOTION in Limine No. 10, and #474 MOTION in Limine No. 11. Signed by Judge Susie Morgan on 11/20/2018. (bwn)
November 21, 2018 Opinion or Order Filing 483 ORDER granting #461 Motion to Seal Documents Related to #460 MOTION to Admit Tulane's Valuation of '436 Patent. Signed by Judge Susie Morgan on 11/20/2018. (bwn)
November 21, 2018 Opinion or Order Filing 482 ORDER granting #457 Motion to Seal Document Related to #456 Objections to the Deposition Designations of Cytogel. Signed by Judge Susie Morgan on 11/20/2018. (bwn)
November 21, 2018 Opinion or Order Filing 481 ORDER granting #455 Motion to Seal Document Associated with #454 Notice of Anticipated Objections. Signed by Judge Susie Morgan on 11/20/2018. (bwn)
November 20, 2018 Opinion or Order Filing 504 Minute Entry for proceedings held before Judge Susie Morgan: Status Conference held on 11/20/2018. The parties discussed the status of the case. The parties will file a joint statement of the case by no later than Monday, November 26, 2018, at 5:00 p.m. The parties will file oppositions to the motions in limine regarding Trial Exhibits 464 and 466, which are copies of a report prepared by John Christie for Plaintiff the Administrators of the Tulane Educational Fund ("Tulane"), and Trial Exhibits 454, 472, 473, and 474, which are profit-and-loss statements of Defendant Cytogel Pharma, LLC ("Cytogel"), by no later than Friday, November 23, 2018, at 5:00 p.m. IT IS ORDERED that the parties comply with the pre-trial deadlines as set forth herein. (bwn)
November 20, 2018 Opinion or Order Filing 480 ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference set for 11/27/2018 02:00 PM before Magistrate Judge Janis van Meerveld. Decision makers for all parties must be present IN PERSON. Signed by Magistrate Judge Janis van Meerveld. (gec)
November 20, 2018 Opinion or Order Filing 479 ORDER - IT IS ORDERED that the deadlines for filing joint jury instructions and a joint proposed verdict form is EXTENDED to Wednesday, November 21, 2018, at 5:00 p.m. Signed by Judge Susie Morgan.(bwn)
November 19, 2018 Opinion or Order Filing 478 Additional Voir Dire Questions by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Rodriguez, Regina) Modified text on 11/20/2018 (sbs).
November 19, 2018 Opinion or Order Filing 477 EXPARTE/CONSENT MOTION to Seal Document #476 Supplemental Trial Memorandum Regarding the Unclean Hands Affirmative Defense by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified text on 11/20/2018 (sbs).
November 19, 2018 Opinion or Order Filing 476 SEALED Supplemental Memorandum by Administrators of the Tulane Educational Fund, James E Zadina to #447 Pretrial Memorandum, Regarding the Unclean Hands Affirmative Defense (Olson, Arne) (Main Document 476 replaced on 11/20/2018 with the sealed copy that was provided to the Court) (tsf).
November 19, 2018 Opinion or Order Filing 475 EXPARTE/CONSENT MOTION to Seal Documents Related to #464 MOTION in Limine No. 1, #466 MOTION in Limine No. 3, #467 MOTION in Limine No. 4, #469 MOTION in Limine No. 6, #470 MOTION in Limine No. 7, #471 MOTION in Limine No. 8, #472 MOTION in Limine No. 9, #473 MOTION in Limine No. 10, and #474 MOTION in Limine No. 11, by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified text on 11/20/2018 (sbs).
November 19, 2018 Opinion or Order Filing 474 MOTION in Limine No. 11 to Exclude Trial Exhibits 449, 450, 452, 455, 456, 458, 459, 460, 461, 462, 475, 476, and 477 by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support (Under Seal), #2 Proposed Order, #3 Notice of Submission)(Olson, Arne) Modified text on 11/20/2018 (sbs). (Main Document 474 and Attachment 1 replaced on 11/20/2018 with sealed copies provided to the Court) (tsf).
November 19, 2018 Opinion or Order Filing 473 MOTION in Limine No. 10 to Exclude Trial Exhibits 445, 446, 447, 448, and 457 Because They Contain Hearsay Not Within An Exception by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support (Under Seal), #2 Proposed Order, #3 Notice of Submission)(Olson, Arne) Modified text on 11/20/2018 (sbs). (Main Document 473 and Attachment 1 replaced on 11/20/2018 with sealed copies provided to the Court) (tsf).
November 19, 2018 Opinion or Order Filing 472 MOTION in Limine No. 9 to Exclude Cytogel's Profit and Loss Statements at Trial by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support (filed under seal), #2 Proposed Order, #3 Notice of Submission)(Olson, Arne) Modified text on 11/20/2018 (sbs). (Main Document 472 and Attachment 1 replaced on 11/20/2018 with sealed copies provided to the Court) (tsf).
November 19, 2018 Opinion or Order Filing 471 MOTION in Limine No. 8 to Exclude Trial Exhibits 469, 480, and 484 at Trial by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support (Under Seal), #2 Proposed Order, #3 Notice of Submission)(Olson, Arne) Modified text on 11/20/2018 (sbs). (Main Document 471 and Attachment 1 replaced on 11/20/2018 with sealed copies provided to the Court) (tsf).
November 19, 2018 Opinion or Order Filing 470 MOTION in Limine No. 7 to Exclude Summaries of Dr. J. Zadina's Cytogel Email Correspondence and Cytogel Emails Folder: Trial Exhibits 478 and 479 by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support (Under Seal), #2 Proposed Order, #3 Notice of Submission)(Olson, Arne) Modified text on 11/20/2018 (sbs). (Main Document 470 and Attachment 1 replaced on 11/20/2018 with sealed copies provided to the Court) (tsf). (Attachment 3 replaced on 11/20/2018) (bwn).
November 19, 2018 Opinion or Order Filing 469 MOTION in Limine No. 6 to Exclude Irrelevant Evidence Concerning Cytogel's Damages Theory by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support (Under Seal), #2 Proposed Order (Under Seal), #3 Notice of Submission)(Olson, Arne) Modified text on 11/20/2018 (sbs). (Main Document 469 and Attachments 1-2 replaced on 11/20/2018 with sealed documents provided to the Court) (tsf).
November 19, 2018 Opinion or Order Filing 468 MOTION in Limine No. 5 to Preclude Cytogel Pharma, LLC from Making Certain Misrepresentations by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Olson, Arne) Modified text on 11/20/2018 (sbs).
November 19, 2018 Opinion or Order Filing 467 MOTION in Limine No. 4 to Exclude Speculation as to Dr. Zadina's Motivation for Inventing the '436 Compounds by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support (Under Seal), #2 Proposed Order (Under Seal), #3 Notice of Submission)(Olson, Arne) Modified text on 11/20/2018 (sbs). (Main Document 467 and Attachments 1-2 replaced on 11/20/2018 with sealed copies provided to the Court) (tsf).
November 19, 2018 Opinion or Order Filing 466 MOTION in Limine No. 3 to Exclude Irrelevant and Barred Evidence of Trade Secret Misappropriation by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support (Under Seal), #2 Proposed Order (Under Seal), #3 Notice of Submission)(Olson, Arne) Modified text on 11/20/2018 (sbs). (Main Document 466 and Attachments 1-2 replaced on 11/20/2018 with sealed copies provided to the Court) (tsf).
November 19, 2018 Opinion or Order Filing 465 MOTION in Limine No. 2 to Preclude Evidence the Inventorship of the '436 Patent is Improper by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Olson, Arne) Modified text on 11/20/2018 (sbs).
November 19, 2018 Opinion or Order Filing 464 MOTION in Limine No. 1 to Preclude Cytogel Pharma, LLC's Irrelevant Evidence of Contributions After the Invention Date by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Memorandum in Support (Under Seal), #2 Proposed Order (Under Seal), #3 Notice of Submission)(Olson, Arne) Modified text on 11/20/2018 (sbs). (Main Document 464 and Attachments 1-2 replaced on 11/20/2018 with sealed copies provided to the Court) (tsf).
November 19, 2018 Opinion or Order Filing 463 MOTION to Exclude Evidence of Other Consulting Agreements by Cytogel Pharma, LLC. Motion(s) will be submitted on 12/12/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Creevy, John)
November 19, 2018 Opinion or Order Filing 462 OBJECTIONS to Cytogel's Trial Exhibits 467 and 468 by United States of America, James E. Zadina, Administrators of the Tulane Educational Fund. (Attachments: #1 Exhibit)(Brown, Walter) Modified text and filers on 11/20/2018 (sbs).
November 19, 2018 Opinion or Order Filing 461 EXPARTE/CONSENT MOTION to Seal Documents Related to #460 MOTION to Admit Tulane's Valuation of '436 Patent by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Herman, Stephen) Modified text on 11/20/2018 (sbs).
November 19, 2018 Opinion or Order Filing 460 MOTION to Admit Tulane's Valuation of the '436 Patent by Cytogel Pharma, LLC. Motion(s) will be submitted on 12/12/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - from Christie Depo (Under Seal), #3 Exhibit 2 - Prop Trial Exh 464 (Under Seal), #4 Exhibit 3 - Prop Trial Exh 466 (Under Seal), #5 Exhibit 4 - from Bell Reort (Under Seal), #6 Notice of Submission)(Herman, Stephen) Modified text on 11/20/2018 (sbs). (Attachment 1 replaced on 11/20/2018) (bwn). (Attachments 2-5 replaced on 11/20/2018 with sealed copies that were provided to the Court) (tsf).
November 19, 2018 Opinion or Order Filing 459 MOTION to Exclude Evidence re Dr. Carozza by Cytogel Pharma, LLC. Motion(s) will be submitted on 12/12/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Herman, Stephen)
November 19, 2018 Opinion or Order Filing 458 Proposed Voir Dire by Cytogel Pharma, LLC. (Herman, Stephen)
November 19, 2018 Opinion or Order Filing 457 EXPARTE/CONSENT MOTION to Seal Document Related to #456 Objections to the Deposition Designations of Cytogel by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified text on 11/20/2018 (sbs).
November 19, 2018 Opinion or Order Filing 456 OBJECTIONS to the Deposition Designations of Cytogel by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B)(Olson, Arne) Modified text on 11/20/2018 (sbs). (Attachment 1 replaced on 11/20/2018 with a sealed copy that was provided to the Court) (tsf).
November 19, 2018 Opinion or Order Filing 455 EXPARTE/CONSENT MOTION to Seal Document Associated with #454 Notice of Anticipated Objections, by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Dossier, Eva) Modified text on 11/19/2018 (sbs).
November 19, 2018 Opinion or Order Filing 454 Notice of Anticipated Objections by Cytogel Pharma, LLC. (Attachments: #1 Exhibit A - SEALED List of Anticipated Objections)(Dossier, Eva) Modified text on 11/19/2018 (sbs). (Attachment 1 replaced on 11/19/2018 with a sealed copy that was provided to the Court) (tsf).
November 17, 2018 Opinion or Order Filing 452 ORDER granting #448 Motion to Seal #447 TRIAL MEMORANDUM Regarding the Unclean Hands Affirmative Defense. Signed by Judge Susie Morgan on 11/16/2018. (bwn)
November 17, 2018 Opinion or Order Filing 451 Response to Supplemental and Amended Response to #408 Motion to Bifurcate Damages by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (bwn)
November 17, 2018 Opinion or Order Filing 450 ORDER granting #446 Motion to Seal Document re #445 MOTION for Leave to File Response to Cytogel's Supplemental and Amended Response to Motion to Bifurcate Damages. Signed by Judge Susie Morgan on 11/16/2018. (bwn)
November 17, 2018 Opinion or Order Filing 449 ORDER granting #445 Motion for Leave to File Response to Cytogel's Supplemental and Amended Response to Motion to Bifurcate Damages. Signed by Judge Susie Morgan on 11/16/2018. (bwn)
November 16, 2018 Opinion or Order Filing 453 Minute Entry for Proceedings held before Judge Susie Morgan: Status Conference held on 11/16/2018. The Court DENIED Tulane, Dr. Zadina, and the United States' #408 Motion to Bifurcate Damages, as set forth herein. The Court ORDERED that a status conference will take place at 3:00 p.m. on Tuesday, 11/20/2018, in the chambers of Judge Morgan, to discuss matters relating to trial. IT IS ORDERED that the parties comply with the pre-trial deadlines as set forth in document. The trial is scheduled to begin on Monday, 12/3/2018 and is expected to last seven to ten days. (jls)
November 15, 2018 Opinion or Order Filing 448 EXPARTE/CONSENT MOTION to Seal Document #447 TRIAL MEMORANDUM Regarding the Unclean Hands Affirmative Defense by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified text on 11/16/2018 (sbs).
November 15, 2018 Opinion or Order Filing 447 TRIAL MEMORANDUM Regarding the Unclean Hands Affirmative Defense by Administrators of the Tulane Educational Fund, James E Zadina. (Olson, Arne) Modified text on 11/16/2018 (sbs). (Main Document 447 replaced on 11/16/2018 with an unredacted version of the pdf document.) (tsf).
November 15, 2018 Opinion or Order Filing 446 EXPARTE/CONSENT MOTION to Seal Documents related to #445 MOTION for Leave to File Response to Cytogel's Supplemental and Amended Response to Motion to Bifurcate Damages by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified text on 11/16/2018 (sbs).
November 15, 2018 Opinion or Order Filing 445 EXPARTE/CONSENT MOTION for Leave to File Response to Cytogel's Supplemental and Amended Response to Motion to Bifurcate Damages by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Exhibit A - Response to Cytogel's Supplemental and Amended Response to Motion to Bifurcate Damages (filed under seal), #2 Proposed Order)(Olson, Arne) (Attachment 1 replaced on 11/16/2018 with an unredacted version of the pdf document.) (tsf). (Main Document 445 replaced on 11/17/2018) (bwn). (Additional attachment(s) added on 11/17/2018: #3 Memorandum in Support, #4 Notice of Request to Seal) (bwn).
November 14, 2018 Opinion or Order Filing 444 Supplemental and Amended Response to Motion filed by Cytogel Pharma, LLC re #408 MOTION to Bifurcate Damages. (sbs)
November 14, 2018 Opinion or Order Filing 443 ORDER granting #439 Motion for Leave to File Supplemental and Amended Response on Motion for Leave to Bifurcate. Signed by Judge Susie Morgan on 11/14/18. (sbs)
November 14, 2018 Opinion or Order Filing 442 ORDER granting #435 Motion to Seal Document re #434 Trial Exhibit List. Signed by Judge Susie Morgan. (bwn)
November 14, 2018 Opinion or Order Filing 441 ORDER granting #433 Motion to Seal Document re #432 Trial Exhibit List. Signed by Judge Susie Morgan. (bwn)
November 14, 2018 Opinion or Order Filing 440 ORDER granting #431 Motion to Seal Document re #430 Answer to First Amended Complaint and Restated Affirmative Defenses and SECOND AMENDED and Restated Counterclaims. Signed by Judge Susie Morgan. (bwn)
November 13, 2018 Opinion or Order Filing 439 EXPARTE/CONSENT MOTION for Leave to File Supplemental and Amended Response to #408 Motion to Bifurcate Damages by Cytogel Pharma, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Herman, Stephen) Modified text on 11/14/2018 (sbs).
November 13, 2018 Opinion or Order Filing 438 JURY DEMAND by Cytogel Pharma, LLC (Herman, Stephen) Modified text on 11/14/2018 (sbs).
November 12, 2018 Opinion or Order Filing 437 Minute Entry for proceedings held before Judge Susie Morgan: Status Conference held on 11/12/2018. The parties discussed the status the case. (jls)
November 12, 2018 Opinion or Order Filing 435 EXPARTE/CONSENT MOTION to Seal Document #434 Trial Exhibit List by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Creevy, John) Modified text on 11/13/2018 (sbs).
November 12, 2018 Opinion or Order Filing 434 Trial Exhibit List by Cytogel Pharma, LLC. (Creevy, John) Modified text on 11/13/2018 (sbs). (Additional attachment(s) added on 11/14/2018: #1 Sealed Version) (bwn).
November 12, 2018 Opinion or Order Filing 433 EXPARTE/CONSENT MOTION to Seal Document #432 Trial Exhibit List by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified text on 11/13/2018 (sbs).
November 12, 2018 Opinion or Order Filing 432 Trial Exhibit List by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Olson, Arne) Modified text on 11/13/2018 (sbs). (Additional attachment(s) added on 11/14/2018: #1 Sealed Version) (bwn).
November 12, 2018 Opinion or Order Filing 431 EXPARTE/CONSENT MOTION to Seal Documents Related to #430 by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified text on 11/13/2018 (sbs).
November 12, 2018 Opinion or Order Filing 430 Redacted ANSWER to #220 FIRST AMENDED and Restated Affirmative Defenses and SECOND AMENDED and Restated Counterclaims against Administrators of the Tulane Educational Fund, United States of America and James E. Zadina, by Administrators of the Tulane Educational Fund, James E Zadina.(Olson, Arne) Modified text on 11/13/2018 (sbs). (Additional attachment(s) added on 11/14/2018: #1 Sealed Version) (bwn).
November 12, 2018 Opinion or Order Filing 429 ANSWER to #220 FIRST AMENDED and Restated Affirmative Defenses and SECOND AMENDED and Restated Counterclaims against Administrators of the Tulane Educational Fund, United States of America and James E. Zadina, by United States of America.(Brown, Walter) Modified text on 11/13/2018 (sbs).
November 12, 2018 Opinion or Order Filing 428 Final Will Call Witnesses by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Olson, Arne) Modified text on 11/13/2018 (sbs).
November 12, 2018 Opinion or Order Filing 427 Amended Final Witness List by Cytogel Pharma, LLC. (Herman, Stephen) Modified text on 11/13/2018 (sbs).
November 12, 2018 Opinion or Order Filing 426 Final Witness List by Cytogel Pharma, LLC. (Herman, Stephen) Modified text on 11/13/2018 (sbs).
November 7, 2018 Opinion or Order Filing 436 Minute Entry for Proceedings held before Judge Susie Morgan: Final Pretrial Conference held on 11/7/2018. The Court DENIED Dr. Zadina's #329 motion to reconsider the Court's order of 9/17/2018 as the arguments raised already have been considered. The Court DENIED Cytogel's #391 motion to realign the parties for trial presentation purposes. The Court ORDERED that a status conference will take place at 3:00 p.m. on Friday, 11/16/2018, in the chambers of Judge Morgan, to discuss matters relating to trial. IT IS ORDERED that the parties comply with the pre-trial deadlines as set forth in document. The trial is scheduled to begin on Monday, 12/3/2018 and is expected to last seven to ten days. (jls) (Additional attachment(s) added on 11/13/2018: #1 SEALED Chart) (jls).
November 7, 2018 Opinion or Order Filing 425 ORDER granting #421 Motion to Appear Pro Hac Vice as to Regina Marie Rodriguez for Administrators of the Tulane Educational Fund and James E Zadina. Signed by Judge Susie Morgan on 11/7/18. (Attachments: #1 Notice to PHV Atty) (sbs)
November 6, 2018 Opinion or Order Filing 424 TEXT ORDER (No PDF Document Attached). Counsel for Cytogel Pharma, LLC is ordered to produce at the pretrial conference a chart showing: the specific dollar amount of damages sought under each active counterclaim and against which entities; the nature of the damages sought under each active counterclaim and the theory of recovery; how the damages were calculated (including any present value calculations); the witnesses who will testify with respect to each category of damages and the exhibits to be used in connection with each witness's testimony; the date each element of damage and related exhibits were disclosed to opposing counsel and in which documents. Signed by Judge Susie Morgan.(Morgan, Susie)
November 6, 2018 Opinion or Order Filing 423 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #408 MOTION to Bifurcate Damages. (Olson, Arne)
November 5, 2018 Opinion or Order Filing 422 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #391 MOTION to Realign Parties for Trial Presentation Purposes. (Brown, Walter)
November 5, 2018 Opinion or Order Filing 421 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Regina M. Rodriguez (Filing fee $100 receipt number 053L-7213171) by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Affidavit, #4 ECF Registration)(Miller, Joseph) Modified text on 11/5/2018 (sbs).
November 5, 2018 Opinion or Order Filing 420 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #408 MOTION to Bifurcate Damages. (Dossier, Eva)
November 5, 2018 Opinion or Order Filing 419 ORDER granting #418 Motion to Seal #417 Joint Pretrial Order. Signed by Judge Susie Morgan. (bwn)
November 2, 2018 Opinion or Order Filing 418 EXPARTE/CONSENT MOTION to Seal Document #417 Joint Pretrial Order, by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified text on 11/5/2018 (sbs).
November 2, 2018 Opinion or Order Filing 417 Joint Pretrial Order by Cytogel Pharma, LLC, Administrators of the Tulane Educational Fund, United States of America, James E Zadina (Attachments: #1 Exhibit A - filed under seal, #2 Exhibit B - filed under seal)(Olson, Arne) Modified text on 11/5/2018 (sbs). (Additional attachment(s) added on 11/5/2018: #3 Joint Pre-Trial Order, #4 Exhibit A, #5 Exhibit B part 1, #6 Exhibit B part 2) (bwn).
November 2, 2018 Opinion or Order Filing 416 ORDER granting #407 Motion to Designate Trial Counsel. Signed by Judge Susie Morgan. (bwn)
November 2, 2018 Opinion or Order Filing 415 RESPONSE to #403 Supplemental Response by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #268 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt, #283 Motion in Limine Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell, and #287 Motion for Summary Judgment Related to Damages . (Attachments: #1 Exhibit) (bwn)
November 2, 2018 Opinion or Order Filing 414 ORDER granting #406 Motion to Seal Document Documents Related to #409 . Signed by Judge Susie Morgan. (bwn)
November 2, 2018 Opinion or Order Filing 413 ORDER granting #409 Motion for Leave to File Response Memorandum to #403 Supplemental Memorandum in Opposition to 268 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt, #283 Motion in Limine Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell, and #287 Motion for Summary Judgment Related to Damages. Signed by Judge Susie Morgan. (bwn)
November 2, 2018 Opinion or Order Filing 412 ORDER AND REASONS - For the reasons herein, IT IS ORDERED that Motion in Limine on the Admissibility of the Expert Testimony of Defendant Cytogel Pharma, LLC's Expert Dr. Stephen G. Davies, filed by Plaintiff the Administrators of the Tulane Educational Fund and Counterclaim-Defendant Dr. James E. Zadina be and hereby GRANTED IN PART to the extent it relates to Dr. Davies' testimony on inventorship at the first trial in this case. The motion is DENIED IN PART WITHOUT PREJUDICE to the extent it relates to Dr. Davies' testimony on inventorship at the second trial in this case. The Administrators of the Tulane Educational Fund and Dr. Zadina may refile the relevant portion of the motion at the time of the second trial. IT IS FURTHER ORDERED that the motion be and hereby is DENIED IN PART as to all other issues. Signed by Judge Susie Morgan. (bwn)
November 2, 2018 Opinion or Order Filing 411 ORDER AND REASONS - For the reasons herein, IT IS ORDERED that the #274 Motion for Partial Summary Judgment on Counts 2 and 3 of Defendant Cytogel Pharma, LLC's Second Amended and Restated Counterclaims, filed by Plaintiff the Administrators of the Tulane Educational Fund and Counterclaim-Defendant Dr. James E. Zadina, be and hereby is DENIED. Signed by Judge Susie Morgan. (bwn)
November 2, 2018 Opinion or Order Filing 410 ORDER re #408 MOTION to Bifurcate Damages - In light of the upcoming trial date, IT IS ORDERED that consideration of the motion is EXPEDITED. IT IS FURTHER ORDERED that Defendant Cytogel Pharma, LLC, submit its opposition by no later than Monday, November 5, 2018, at 12:00 p.m. IT IS FURTHER ORDERED that the Administrators of the Tulane Educational Fund, the United States, and Dr. Zadina submit their reply by no later than Tuesday, November 6, 2018, at 12:00 p.m. Signed by Judge Susie Morgan.(bwn)
November 1, 2018 Opinion or Order Filing 409 EXPARTE/CONSENT MOTION for Leave to File Response Memorandum to #403 Supplemental Memorandum in Opposition to #268 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt, #283 Motion in Limine Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell, and #287 Motion for Summary Judgment Related to Damages by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Proposed Pleading (filed under seal), #2 Proposed Order)(Olson, Arne) Modified text on 11/2/2018 (sbs).
November 1, 2018 Opinion or Order Filing 408 MOTION to Bifurcate Damages by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) will be submitted on 11/28/2018. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Olson, Arne) Modified text on 11/2/2018 (sbs).
November 1, 2018 Opinion or Order Filing 407 EXPARTE/CONSENT MOTION to Change Trial Attorney Designation by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Herman, Stephen) Modified text on 11/2/2018 (sbs).
October 31, 2018 Opinion or Order Filing 406 EXPARTE/CONSENT MOTION to Seal Documents Related to #409 by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Olson, Arne) (Additional attachment(s) added on 10/31/2018: #4 Proposed Pleading - SEALED, #5 Proposed Exhibit - SEALED) (tsf). Modified text on 11/1/2018 (sbs).
October 31, 2018 Opinion or Order Filing 405 **DEFICIENT** RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re 399 MOTION for Leave to File Supplemental Memorandum in Opposition to 283 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Belland, 286 Motion in Limine to Strike Portions of the Expert Testimony and Reports of Cytogel Expert Dr. Stephen G. Davies (Attachments: #1 Declaration (redacted))(Olson, Arne) Modified text on 11/1/2018 (sbs).
October 31, 2018 Opinion or Order Filing 404 ORDER AND REASONS - IT IS ORDERED that the #277 Motion in Limine to Limit the Expert Testimony of Plaintiffs' Expert Dr. Jane V. Aldrich, filed by Defendant Cytogel Pharma, LLC, be and hereby is GRANTED. Signed by Judge Susie Morgan. (bwn)
October 31, 2018 Opinion or Order Filing 403 SUPPLEMENTAL MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #268 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt, #283 Motion in Limine Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell, and #287 Motion for Summary Judgment Related to Damages. (Attachments: #1 Exhibit A) (bwn)
October 31, 2018 Opinion or Order Filing 402 ORDER granting #400 Motion to Seal Document re #399 MOTION for Leave to File Supplemental Memorandum in Opposition to #283 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Belland, #286 Motion in Limine to Strike Portions of the Expert Testimony and Rep. Signed by Judge Susie Morgan. (bwn)
October 31, 2018 Opinion or Order Filing 401 ORDER granting #399 Motion for Leave to File Supplemental Memorandum in Opposition to #268 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt, #283 Motion in Limine Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell, and #287 Motion for Summary Judgment Related to Damages. Signed by Judge Susie Morgan on 10/30/2018. (bwn)
October 30, 2018 Opinion or Order Filing 400 EXPARTE/CONSENT MOTION to File Under Seal Documents related to #399 by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Creevy, John) Modified text on 10/31/2018 (sbs).
October 30, 2018 Opinion or Order Filing 399 EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Opposition to #268 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt, #283 Motion in Limine Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell, and #287 Motion for Summary Judgment Related to Damages by Cytogel Pharma, LLC. (Attachments: #1 Proposed Pleading (Filed Under Seal), #2 Exhibit (Filed Under Seal), #3 Proposed Order)(Creevy, John) Modified text on 10/31/2018 (sbs). Modified on 10/31/2018 to edit docket text (bwn).
October 29, 2018 Opinion or Order Filing 398 ORDER AND REASONS: IT IS ORDERED that the #270 Motion for Partial Summary Judgment on Count 1 of the Complaint, be and hereby is DENIED. IT IS FURTHER ORDERED that the #276 Motion for Partial Summary Judgment on the Consulting Agreement, be and hereby is DENIED. IT IS FURTHER ORDERED that the Contingent #273 Motion for Judgment as a Matter of Law on Counts 1 and 2 of the Complaint and Counts 1 and 14 of Cytogel Pharma, LLC's Second Amended and Restated Counterclaims, be and hereby is DENIED as to Count 1 of the Complaint and Count 1 of Defendant's Second Amended and Restated Counterclaims and DENIED WITHOUT PREJUDICE as to Count 2 of the Complaint and Count 14 of Defendant's Second Amended and Restated Counterclaims, as set forth herein. Signed by Judge Susie Morgan on 10/29/2018. (jls)
October 29, 2018 Opinion or Order Filing 397 ORDER AND REASONS: IT IS ORDERED that the #235 Motion to Dismiss Defendant Cytogel Pharma, LLC's Second Amended and Restated Counterclaims or, in the Alternative, to Dismiss Count 14 of Cytogel's Second Amended and Restated Counterclaims, be and hereby is DENIED as to Counts 113, and DENIED WITHOUT PREJUDICE as to Count 14. IT IS FURTHER ORDERED that the #301 Motion to Dismiss Counts 1, 8, 9, and 14 of Cytogel's Second Amended and Restated Counterclaims, be and hereby is DENIED WITHOUT PREJUDICE as to Count 14. IT IS FURTHER ORDERED that Tulane, Dr. Zadina, and the United States file responsive pleadings to Cytogel's #220 Second Amended and Restated Counterclaims by no later than 11/12/2018, at 5:00 p.m. Signed by Judge Susie Morgan on 10/29/2018. (jls)
October 29, 2018 Opinion or Order Filing 396 ORDER AND REASONS: IT IS ORDERED that the #75 Refiled Motion of Plaintiff, in which the United States of America joins, to Dismiss Defendant's First Amended and Restated Counterclaims be and hereby is GRANTED as to Count 9 of Defendant's First Amended and Restated Counterclaims against the United States and DENIED as to Counts 1 and 4 and the request for injunctive relief in Defendant's First Amended and Restated Counterclaims. The motion of the Administrators of the Tulane Educational Fund and Dr. Zadina to strike Cytogel's Third and Fourth Affirmative Defenses is DENIED as to Count 1 of the Complaint and DENIED WITHOUT PREJUDICE as to Count 2 of the Complaint. IT IS FURTHER ORDERED that the Motion to Dismiss Counts 1, 8, 9, and 14 of Cytogel's Second Amended and Restated Counterclaims, filed by the United States pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, be and hereby is DENIED IN PART as to Count 1 and DENIED IN PART AS MOOT as to Count 9. Signed by Judge Susie Morgan on 10/29/2018. (jls)
October 25, 2018 Opinion or Order Filing 395 ORDER AND REASONS re #271 MOTION for Partial Summary Judgment of Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 8, 10, 11, 12, and 13 for Failing to Bring Them within the Prescription or Peremption Periods and #279 MOTION for Summary Judgment as to Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 5-13 for Failure to Establish an Essential Element of Each Claim - For the reasons herein, IT IS ORDERED that Plaintiff the Administrators of the Tulane Educational Fund is entitled to judgment in its favor and against Defendant Cytogel Pharma, LLC, on Counts 9 and 11-13 of Defendant's Second Amended and Restated Counterclaims. Counterclaim-Defendant Dr. James E. Zadina is entitled to judgment in his favor and against Cytogel Pharma, LLC, on Count 12 of Defendant's Second Amended and Restated Counterclaims. IT IS FURTHER ORDERED that the #74 Motion to Dismiss Counts 8 and 10-13 of Defendant Cytogel Pharma, LLC's First Amended Counterclaims on Prescription Grounds, filed by the Administrators of the Tulane Educational Fund and Dr. Zadina, be and hereby is DENIED as to Counts 8 and 10 of Defendant's Second Amended and Restated Counterclaims and DENIED AS MOOT as to Counts 11-13 of Defendant's Second Amended and Restated Counterclaims. IT IS FURTHER ORDERED that the #75 Motion to Dismiss Cytogel's First Amended Counterclaims, filed by Tulane and Dr. Zadina pursuant to Rule 12(b)(6)223 of the Federal Rules of Civil Procedure, in which the United States joins, be and hereby is DENIED IN PART AS MOOT as to Counts 5-8, Count 9 as against the Administrators of the Tulane Educational Fund, and Counts 10-13. IT IS FURTHER ORDERED that the #301 Motion to Dismiss Counts 1, 8, 9, and 14 of Cytogel's First Amended Counterclaims, filed by the United States, be and hereby is DENIED IN PART AS MOOT as to Count 8. Signed by Judge Susie Morgan. (bwn)
October 25, 2018 Opinion or Order Filing 394 ORDER granting #326 Motion to Seal Document ; granting #334 Motion to Seal; granting #337 Motion to Seal Document ; granting #339 Motion to Seal Document ; granting #341 Motion to Seal Document ; granting #343 Motion to Seal Document ; granting #347 Motion to Seal Document ; granting #348 Motion to Seal Document ; granting #349 Motion to Seal Document ; granting #351 Motion to Seal Document ; granting #353 Motion to Seal Document ; granting #355 Motion to Seal Document ; granting #269 Motion for Leave to File; granting #272 Motion for Leave to File; granting #275 Motion for Leave to File; granting #278 Motion to Seal Document ; granting #280 Motion for Leave to File; granting #282 Motion to Seal; granting #284 Motion for Leave to File; granting #288 Motion to Seal; granting #289 Motion for Leave to File; granting #306 Motion to Seal Document ; granting #308 Motion to Seal Document ; granting #310 Motion to Seal Document ; granting #312 Motion to Seal Document ; granting #314 Motion to Seal Document ; granting #316 Motion to Seal Document ; granting #318 Motion to Seal Document ; granting #322 Motion to Seal Document ; granting #323 Motion to Seal Document. IT IS ORDERED that all documents that are the subject of motions to seal filed by Plaintiffs the United States of America and the Administrators of the Tulane Educational Fund, Counterclaim-Defendant Dr. James E. Zadina, and Defendant Cytogel Pharma, LLC be FILED UNDER SEAL. Signed by Judge Susie Morgan on 10/24/2018. (bwn)
October 22, 2018 Opinion or Order Filing 393 REPLY to Response to Motion filed by Cytogel Pharma, LLC re #277 MOTION to Exclude or Limit Testimony of Dr. Jane V. Aldrich. (sbs)
October 22, 2018 Opinion or Order Filing 392 ORDER granting #380 Motion for Leave to File Reply. Signed by Judge Susie Morgan on 10/22/18. (sbs)
October 22, 2018 Opinion or Order Filing 391 MOTION to Realign Parties for Trial Presentation Purposes by Cytogel Pharma, LLC. Motion(s) will be submitted on 11/14/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Herman, Stephen) Modified text on 10/23/2018 (sbs).
October 18, 2018 Opinion or Order Filing 390 Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: A Settlement Conference was held on 10/18/2018. Following settlement discussions, the parties were unable to negotiate a settlement of the case at this time. Counsel are to contact the undersigned if further assistance from the Court would be helpful. (ajn)
October 18, 2018 Opinion or Order Filing 389 Sur-Reply Memorandum filed by Cytogel Pharma, LLC, in Support of #274 MOTION for Partial Summary Judgment of Noninfringement (Defendant's Second Amended and Restated Counterclaims (Doc. 220) Counts 2 and 3), #279 MOTION for Summary Judgment as to Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 5-13 for Failure to Establish an Essential Element of Each Claim, #271 MOTION for Partial Summary Judgment of Cytogel's Second Amended and Restated Counterlciams (Doc. 220) Counts 8, 10, 11, 12, and 13 for Failing to Bring Them within the Prescription or Peremption Periods, #287 MOTION for Summary Judgment Related to Damages. (Attachments: #1 Exhibit)(jeg)
October 18, 2018 Opinion or Order Filing 388 ORDER granting #385 Motion for Leave to File Sur-Reply Memorandum in Opposition to Counterclaim-Defendants Reply Memoranda. Signed by Judge Susie Morgan on 10/18/2018. (jeg)
October 18, 2018 Opinion or Order Filing 387 REPLY to Response to Motion filed by United States of America in Support of re #301 MOTION to Dismiss Counts 1, 8, 9 and 14 of Cytogel's Second Amended Counterclaims (Docket No. 220) Under Rule 12(b)(7) and 12(b)(6). (jeg)
October 18, 2018 Opinion or Order Filing 386 ORDER granting #383 Motion for Leave to File a Reply Memorandum in Support ofUnited States' Motion to Dismiss. Signed by Judge Susie Morgan on 10/18/2018. (jeg)
October 16, 2018 Opinion or Order Filing 385 EXPARTE/CONSENT MOTION for Leave to File Sur-Reply Memorandum in Response to Counterclaim-Defendants' Reply Memoranda (R. Doc. #361 , #367 , #371 , and #373 ) by Cytogel Pharma, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Pleading Exhibit, #3 Proposed Order)(Dossier, Eva) Modified text on 10/17/2018 (sbs).
October 16, 2018 Opinion or Order Filing 384 NOTICE of Currently Pending Motions and the Count(s) That Each Motion Pertains to by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Chart I, #2 Chart II, #3 Chart III)(Olson, Arne) Modified text on 10/17/2018 (sbs).
October 16, 2018 Opinion or Order Filing 383 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #301 Motion to Dismiss Counts 1, 8, 9 and 14 of Cytogel's Second Amended Counterclaims (Docket No. 220) Under Rule 12(b)(7) and 12(b)(6) by United States of America. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Brown, Walter) Modified text on 10/17/2018 (sbs).
October 16, 2018 Opinion or Order Filing 380 EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Further Support of #277 Motion to Exclude or Limit Testimony of Dr. Jane V. Aldrich by Cytogel Pharma, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Herman, Stephen) Modified text on 10/16/2018 (sbs)..
October 15, 2018 Opinion or Order Filing 382 REPLY to Response to Motion filed by James E Zadina re #329 MOTION for Reconsideration re #295 Order on Motion for Partial Summary Judgment. (sbs)
October 15, 2018 Opinion or Order Filing 381 ORDER granting #378 Motion for Leave to File Reply Memorandum. Signed by Judge Susie Morgan on 10/15/18. (sbs)
October 15, 2018 Opinion or Order Filing 379 ORDER RESCHEDULING SETTLEMENT CONFERENCE: IT IS ORDERED that the Settlement Conference is RESCHEDULED for 10/18/2018 at 12:00 p.m. (noon) before Magistrate Judge Janis van Meerveld. All other requirements for the conference remain as set forth in the Order Scheduling Settlement Conference (Rec. Doc. 299). Signed by Magistrate Judge Janis van Meerveld on 10/15/2018.(ajn)
October 12, 2018 Opinion or Order Filing 378 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #329 Motion for Reconsideration re #295 Order on Motion for Partial Summary Judgment by James E Zadina. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Olson, Arne) Modified text on 10/12/2018 (sbs).
October 11, 2018 Opinion or Order Filing 377 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #286 MOTION in Limine to Strike Portions of the Expert Testimony and Reports of Cytogel Expert Dr. Stephen G. Davies. (bwn) (Additional attachment(s) added on 11/17/2018: #1 Reply Memorandum) (bwn).
October 11, 2018 Opinion or Order Filing 376 ORDER granting #354 Motion for Leave to File Reply Memorandum in Support of #286 Motion in Limine to Strike Portions of the Expert Testimony and Reports of Cytogel Expert Dr. Stephen G. Davies. Signed by Judge Susie Morgan. (bwn)
October 11, 2018 Opinion or Order Filing 375 REPLY to Response to Motion filed by Cytogel Pharma, LLC re #276 MOTION for Partial Summary Judgment on the Consulting Agreement. (Attachments: #1 Response to Statement of Material Facts)(bwn) (Additional attachment(s) added on 11/17/2018: #2 Reply, #3 Reply Memorandum) (bwn).
October 11, 2018 Opinion or Order Filing 374 ORDER granting #352 Motion for Leave to File Reply in Support of #276 MOTION for Partial Summary Judgment on the Consulting Agreement and Response to the Administrators of the Tulane Educational Fund's and Dr. Zadina's Statement of Material Facts. Signed by Judge Susie Morgan. (bwn)
October 11, 2018 Opinion or Order Filing 373 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, James E Zadina re #279 MOTION for Summary Judgment as to Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 5-13 for Failure to Establish an Essential Element of Each Claim and #305 Counterstatement of Material Facts. (Attachments: #1 Reply to Counterstatement of Material Facts)(bwn) (Additional attachment(s) added on 11/17/2018: #2 Reply, #3 Reply Memorandum) (bwn).
October 11, 2018 Opinion or Order Filing 372 ORDER granting #350 Motion for Leave to File Reply Memorandum in Support of #279 Motion for Summary Judgment as to Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 5-13 for Failure to Establish an Essential Element of Each Claim, and Reply to #305 Cytogel's Counterstatement of Material Facts. Signed by Judge Susie Morgan. (bwn)
October 11, 2018 Opinion or Order Filing 371 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, James E Zadina re #274 MOTION for Partial Summary Judgment of Noninfringement (Defendant's Second Amended and Restated Counterclaims (Doc. 220) Counts 2 and 3) and [312} Counterstatement of Material Facts. (Attachments: #1 Reply to Counterstatement of Material Facts)(bwn) (Additional attachment(s) added on 11/17/2018: #2 Reply, #3 Reply Memorandum) (bwn).
October 11, 2018 Opinion or Order Filing 370 ORDER granting #345 Motion for Leave to File Reply Memorandum in Support of #274 Motion for Partial Summary Judgment of Noninfringement (Defendant's Second Amended and Restated Counterclaims (Doc. 220) Counts 2 and 3), and Reply to #312 Cytogel's Counterstatement of Material Facts. Signed by Judge Susie Morgan. (bwn)
October 11, 2018 Opinion or Order Filing 369 REPLY to Response to Motion filed by Cytogel Pharma, LLC re #281 MOTION to Exclude or Limit Testimony of Dr. William A. Clementi. (bwn) (Additional attachment(s) added on 11/17/2018: #1 Reply) (bwn).
October 11, 2018 Opinion or Order Filing 368 ORDER granting #344 Motion for Leave to File Reply in Further Support of #281 Motion to Exclude or Limit Expert Testimony of William A. Clementi. Signed by Judge Susie Morgan. (bwn)
October 11, 2018 Opinion or Order Filing 367 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, James E Zadina re #271 MOTION for Partial Summary Judgment of Cytogel's Second Amended and Restated Counterlciams (Doc. 220) Counts 8, 10, 11, 12, and 13 for Failing to Bring Them within the Prescription or Peremption Periods and #321 Counterstatement of Material Facts. (Attachments: #1 Reply to Counterstatement of Material Facts)(bwn) (Additional attachment(s) added on 11/17/2018: #2 Reply, #3 Reply Memorandum) (bwn).
October 11, 2018 Opinion or Order Filing 366 ORDER granting #342 Motion for Leave to File Reply Memorandum in Support of #271 Motion for Partial Summary Judgment of Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 8, 10, 11, 12, and 13 for Failing to Bring Them within the Prescription or Peremption Periods, and Reply to #321 Cytogel's Counterstatement of Material Facts. Signed by Judge Susie Morgan. (bwn)
October 11, 2018 Opinion or Order Filing 365 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, James E Zadina re #268 MOTION in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt. (bwn) (Additional attachment(s) added on 11/17/2018: #1 Reply Memorandum) (bwn).
October 11, 2018 Opinion or Order Filing 364 ORDER granting #340 Motion for Leave to File Reply Memorandum in Support of #268 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt. Signed by Judge Susie Morgan. (bwn)
October 11, 2018 Opinion or Order Filing 363 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #283 MOTION in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell. (Attachments: #1 Exhibit 1)(bwn) (Additional attachment(s) added on 11/17/2018: #2 Reply Memorandum, #3 Exhibit 1, #4 Declaration) (bwn).
October 11, 2018 Opinion or Order Filing 362 ORDER granting #338 Motion for Leave to File Reply Memorandum in Support of #283 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell. Signed by Judge Susie Morgan. (bwn)
October 11, 2018 Opinion or Order Filing 361 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, James E Zadina re #287 MOTION for Summary Judgment Related to Damages and #317 Counterstatement of Material Facts. (Attachments: #1 Reply to Counterstatement of Material Facts)(bwn) (Additional attachment(s) added on 11/17/2018: #2 Reply, #3 Reply Memorandum) (bwn).
October 11, 2018 Opinion or Order Filing 360 ORDER granting #336 Motion for Leave to File Reply Memorandum in Support of #287 Motion for Summary Judgment Related to Damages, and Reply to #317 Cytogel's Counterstatement of Material Facts. Signed by Judge Susie Morgan. (bwn)
October 11, 2018 Opinion or Order Filing 359 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #273 MOTION to Grant Plaintiffs' Declaratory Judgment Claims 1 and 2 and Dismiss Cytogel's Patent Ownership Counterclaim and Inventorship Counterclaim (Counts 1 and 14) and #324 Counterstatement of Material Facts. (Attachments: #1 Reply to Counterstatement of Material Facts)(bwn)
October 11, 2018 Opinion or Order Filing 358 ORDER granting #335 Motion for Leave to File Reply Memorandum in Support of #273 Motion to Grant Plaintiffs' Declaratory Judgment Claims 1 and 2 and Dismiss Cytogel's Patent Ownership Counterclaim and Inventorship Counterclaim (Counts 1 and 14), and Reply to #324 Cytogel's Counterstatement of Material Facts. Signed by Judge Susie Morgan. (bwn)
October 11, 2018 Opinion or Order Filing 357 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, United States of America re #270 MOTION for Partial Summary Judgment of Patent Ownership (Count I of Plaintiffs' Complaint) and #307 Counterstatement of Material Facts. (Attachments: #1 Reply to Counterstatement of Material Facts, #2 Exhibit 1, #3 Exhibit 2)(bwn) (Additional attachment(s) added on 11/17/2018: #5 Reply, #6 Reply Memorandum, #7 Exhibit 1) (bwn).
October 11, 2018 Opinion or Order Filing 356 ORDER granting #333 Motion for Leave to File Reply Memorandum in Support of #270 Motion for Partial Summary Judgment of Patent Ownership (Count I of Plaintiffs' Complaint), and Reply to #307 Cytogel Pharma, LLC's Counterstatement of Material Facts Pursuant to Local Rule 56.2 in Opposition to the Motion for Partial Summary Judgment of Patent Ownership. Signed by Judge Susie Morgan. (bwn)
October 9, 2018 Opinion or Order Filing 355 EXPARTE/CONSENT MOTION to Seal Documents Related to #354 by United States of America, Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(Brown, Walter) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 354 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #286 Motion in Limine to Strike Portions of the Expert Testimony and Reports of Cytogel Expert Dr. Stephen G. Davies by United States of America, James E Zadina, Administrators of the Tulane Educational Fund. (Attachments: #1 Memorandum in Support (Filed Under Seal), #2 Proposed Order)(Brown, Walter) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 353 EXPARTE/CONSENT MOTION to Seal Documents Related to #352 by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice, #3 Proposed Order)(King, Charles) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 352 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of #276 MOTION for Partial Summary Judgment on the Consulting Agreement and Response to the Administrators of the Tulane Educational Fund's and Dr. Zadina's Statement of Material Facts (Under Seal) by Cytogel Pharma, LLC. (Attachments: #1 Proposed Pleading to 276 (Filed Under Seal), #2 Proposed Pleading (Filed Under Seal), #3 Proposed Order)(King, Charles) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 351 EXPARTE/CONSENT MOTION to Seal Documents Related to #350 by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 350 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #279 Motion for Summary Judgment as to Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 5-13 for Failure to Establish an Essential Element of Each Claim, and Reply to #305 Cytogel's Counterstatement of Material Facts (Doc. 305-1) by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Pleading to 279 (Filed Under Seal), #2 Proposed Pleading to 305-1 (Filed Under Seal), #3 Proposed Order)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 349 EXPARTE/CONSENT MOTION to Seal Unredacted Version of Document Related to 346 by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(Paul, Matthew) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 348 EXPARTE/CONSENT MOTION to Seal Documents Related to #344 by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice, #3 Proposed Order)(Creevy, John) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 347 EXPARTE/CONSENT MOTION to Seal Documents Related to #345 by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 346 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #301 MOTION to Dismiss Counts 1, 8, 9 and 14 of Cytogel's Second Amended Counterclaims (Docket No. 220) Under Rule 12(b)(7) and 12(b)(6). (Attachments: #1 Exhibit 1 (Filed Under Seal), #2 Exhibit 2 (Filed Under Seal))(Paul, Matthew) (Additional attachment(s) added on 11/17/2018: #3 Opposition, #4 Exhibit 1, #5 Exhibit 2) (bwn).
October 9, 2018 Opinion or Order Filing 345 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #274 Motion for Partial Summary Judgment of Noninfringement (Defendant's Second Amended and Restated Counterclaims (Doc. 220) Counts 2 and 3), and Reply to #312 Cytogel's Counterstatement of Material Facts by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Pleading to 274 (Filed Under Seal), #2 Proposed Pleading to 312-1 (Filed Under Seal), #3 Proposed Order)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 344 EXPARTE/CONSENT MOTION for Leave to File Reply in Further Support of Motion to Exclude or Limit Expert Testimony of William A. Clementi [Rec. Doc. 281] by Cytogel Pharma, LLC. (Attachments: #1 Proposed Pleading (Filed Under Seal), #2 Proposed Order)(Creevy, John) Modified on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 343 EXPARTE/CONSENT MOTION to Seal Documents Related to #342 by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 342 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #271 Motion for Partial Summary Judgment of Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 8, 10, 11, 12, and 13 for Failing to Bring Them within the Prescription or Peremption Periods, and Reply to #321 Cytogel's Counterstatement of Material Facts) by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Pleading to 271 (Filed Under Seal), #2 Proposed Pleading to 321 (Filed Under Seal), #3 Proposed Order)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 341 EXPARTE/CONSENT MOTION to Seal Documents Related to #340 by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 340 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #268 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Pleading (Filed Under Seal), #2 Proposed Order)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 339 EXPARTE/CONSENT MOTION to Seal Documents Related to #338 by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 338 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #283 Motion in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell by Administrators of the Tulane Educational Fund, James E Zadina, United States of America. (Attachments: #1 Proposed Pleading (Filed Under Seal), #2 Proposed Order)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 337 EXPARTE/CONSENT MOTION to Seal Documents Related to #336 by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 336 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #287 Motion for Summary Judgment Related to Damages, and Reply to #317 Cytogel's Counterstatement of Material Facts by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Pleading to 287 (Filed Under Seal), #2 Proposed Pleading to 317 (Filed Under Seal), #3 Proposed Order)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 335 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #273 Motion to Grant Plaintiffs' Declaratory Judgment Claims 1 and 2 and Dismiss Cytogel's Patent Ownership Counterclaim and Inventorship Counterclaim (Counts 1 and 14), and Reply to #324 Cytogel's Counterstatement of Material Facts by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Pleading to 273, #2 Proposed Pleading to 324, #3 Proposed Order)(Olson, Arne) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 334 EXPARTE/CONSENT MOTION to Seal Documents Related to #333 by United States of America, Administrators of the Tulane Educational Fund. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(Brown, Walter) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 333 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #270 Motion for Partial Summary Judgment of Patent Ownership (Count I of Plaintiffs' Complaint), and Reply to #307 Cytogel Pharma, LLC's Counterstatement of Material Facts Pursuant to Local Rule 56.2 in Opposition to the Motion for Partial Summary Judgment of Patent Ownership by United States of America, Administrators of the Tulane Educational Fund. (Attachments: #1 Proposed Pleading to 270 (Filed Under Seal), #2 Proposed Pleading to 307 (Filed Under Seal), #3 Exhibit C (Enclosing Sealed Ex. 1), #4 Exhibit D (Enclosing Ex. 2), #5 Proposed Order)(Brown, Walter) Modified text on 10/10/2018 (sbs).
October 9, 2018 Opinion or Order Filing 332 **DEFICIENT** REPLY to Response to Motion filed by Cytogel Pharma, LLC re 277 MOTION to Exclude or Limit Testimony of Dr. Jane V. Aldrich. (Herman, Stephen) Modified text on 10/11/2018 (sbs).
October 9, 2018 Opinion or Order Filing 331 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #329 MOTION for Reconsideration re #295 Order on Motion for Partial Summary Judgment (On alleged "Non-Compete" Agreement). (Herman, Stephen) Modified text on 10/10/2018 (sbs).
October 2, 2018 Opinion or Order Filing 330 Correction of Docket Entry by Clerk re #329 MOTION for Reconsideration re #295 Order on Motion for Partial Summary Judgment, ; - Filing attorney should have selected No at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk took corrective action to set motion for submission on 10/17/2018 before Judge Susie Morgan. No further action is necessary. (bwn)
October 2, 2018 Opinion or Order Filing 329 MOTION for Reconsideration re #295 Order on Motion for Partial Summary Judgment, ; by James E Zadina. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Olson, Arne) Modified on 10/2/2018 to add submission date (bwn).
October 1, 2018 Opinion or Order Filing 328 ***DEFICIENT*** EXPARTE/CONSENT MOTION for Reconsideration re #295 Order on Motion for Partial Summary Judgment, ; by James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Olson, Arne) Modified on 10/2/2018 (bwn).
October 1, 2018 Opinion or Order Filing 327 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #277 MOTION to Exclude or Limit Testimony of Dr. Jane V. Aldrich . (Brown, Walter) Modified on 10/2/2018 to edit docket text (bwn).
October 1, 2018 Opinion or Order Filing 326 EXPARTE/CONSENT MOTION to Seal Document #325 Response/Memorandum in Opposition to Motion,, by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Olson, Arne)
October 1, 2018 Opinion or Order Filing 325 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, James E Zadina re #276 MOTION for Partial Summary Judgment on the Consulting Agreement . (Attachments: #1 Statement of Material Facts Pursuant to Local Rule 56.1, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2 (filed under seal), #5 Exhibit 3 (filed under seal), #6 Exhibit 4, #7 Exhibit 5 (filed under seal), #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8)(Olson, Arne) (Additional attachment(s) added on 11/17/2018: #11 Exhibit 2, #12 Exhibit 3, #13 Exhibit 5) (bwn).
October 1, 2018 Opinion or Order Filing 324 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #273 MOTION to Grant Plaintiffs' Declaratory Judgment Claims 1 and 2 and Dismiss Cytogel's Patent Ownership Counterclaim and Inventorship Counterclaim (Counts 1 and 14) . (Attachments: #1 Statement of Contested/Uncontested Facts)(Reuter, Bryan)
October 1, 2018 Opinion or Order Filing 323 EXPARTE/CONSENT MOTION to Seal Document #321 Response/Memorandum in Opposition to Motion,,, by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Chaney, Christian)
October 1, 2018 Opinion or Order Filing 322 EXPARTE/CONSENT MOTION to Seal Document #320 Response/Memorandum in Opposition to Motion,, by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Olson, Arne)
October 1, 2018 Opinion or Order Filing 321 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #271 MOTION for Partial Summary Judgment of Cytogel's Second Amended and Restated Counterlciams (Doc. 220) Counts 8, 10, 11, 12, and 13 for Failing to Bring Them within the Prescription or Peremption Periods . (Attachments: #1 Statement of Contested/Uncontested Facts (Under Seal), #2 Exhibit 1 (Under Seal), #3 Exhibit 2, #4 Exhibit 3 (Under Seal), #5 Exhibit 4 (Under Seal), #6 Exhibit 5 (Under Seal), #7 Exhibit 6 (Under Seal), #8 Exhibit 7 (Under Seal), #9 Exhibit 8 (Under Seal), #10 Exhibit 9 (Under Seal), #11 Exhibit 10 (Under Seal), #12 Exhibit 11 (Under Seal), #13 Exhibit 12 (Under Seal), #14 Exhibit 13 (Under Seal, #15 Exhibit 14 (Under Seal))(Reuter, Bryan) (Additional attachment(s) added on 11/2/2018: #16 Opposition, #17 Statement of Contested/Uncontested Facts, #18 Exhibit 1, #19 Exhibit 2, #20 Exhibit 3, #21 Exhibit 4, #22 Exhibit 5, #23 Exhibit 6, #24 Exhibit 7, #25 Exhibit 8, #26 Exhibit 9, #27 Exhibit 10, #28 Exhibit 11, #29 Exhibit 12, #30 Exhibit 13, #31 Exhibit 14) (bwn).
October 1, 2018 Opinion or Order Filing 320 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #281 MOTION to Exclude or Limit Testimony of Dr. William A. Clementi . (Attachments: #1 Declaration, #2 Exhibit 1 (redacted), #3 Exhibit 2 (filed under seal), #4 Exhibit 3 (filed under seal), #5 Exhibit 4 (filed under seal), #6 Exhibit 5 (filed under seal), #7 Exhibit 6 (filed under seal), #8 Exhibit 7 (filed under seal), #9 Exhibit 8 (filed under seal), #10 Exhibit 9 (filed under seal), #11 Exhibit 10 (filed under seal), #12 Exhibit 11 (filed under seal))(Olson, Arne) (Additional attachment(s) added on 11/2/2018: #13 Opposition, #14 Exhibit 1, #15 Exhibit 2, #16 Exhibit 3, #17 Exhibit 4, #18 Exhibit 5, #19 Exhibit 6, #20 Exhibit 7, #21 Exhibit 8, #22 Exhibit 9, #23 Exhibit 10, #24 Exhibit 11) (bwn).
October 1, 2018 Opinion or Order Filing 319 RESPONSE/MEMORANDUM in Opposition filed by United States of America re #276 MOTION for Partial Summary Judgment on the Consulting Agreement . (Attachments: #1 Statement of Contested/Uncontested Facts)(Brown, Walter) Modified on 10/2/2018 to edit docket text (bwn).
October 1, 2018 Opinion or Order Filing 318 EXPARTE/CONSENT MOTION to Seal Document #317 Response/Memorandum in Opposition to Motion, by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Chaney, Christian)
October 1, 2018 Opinion or Order Filing 317 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #287 MOTION for Summary Judgment Related to Damages . (Attachments: #1 Statement of Contested/Uncontested Facts (Under Seal), #2 Exhibit 1 (Under Seal), #3 Exhibit 2 (Under Seal), #4 Exhibit 3 (Under Seal))(Reuter, Bryan) (Additional attachment(s) added on 11/2/2018: #5 Opposition, #6 Statement of Contested/Uncontested Facts, #7 Exhibit 1, #8 Exhibit 2, #9 Exhibit 3) (bwn).
October 1, 2018 Opinion or Order Filing 316 EXPARTE/CONSENT MOTION to Seal Document #315 Response/Memorandum in Opposition to Motion, by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Chaney, Christian)
October 1, 2018 Opinion or Order Filing 315 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #286 MOTION in Limine to Strike Portions of the Expert Testimony and Reports of Cytogel Expert Dr. Stephen G. Davies . (Attachments: #1 Exhibit 1 (Under Seal), #2 Exhibit 2)(Reuter, Bryan) (Additional attachment(s) added on 11/19/2018: #3 Opposition, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3) (bwn).
October 1, 2018 Opinion or Order Filing 314 EXPARTE/CONSENT MOTION to Seal Document #313 Response/Memorandum in Opposition to Motion,, by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Chaney, Christian)
October 1, 2018 Opinion or Order Filing 313 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #274 MOTION for Partial Summary Judgment of Noninfringement (Defendant's Second Amended and Restated Counterclaims (Doc. 220) Counts 2 and 3) . (Attachments: #1 Statement of Contested/Uncontested Facts (Under Seal), #2 Exhibit 1 (Under Seal), #3 Exhibit 2 (Under Seal), #4 Exhibit 3 (Under Seal), #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6 (Under Seal), #8 Exhibit 7 (Under Seal), #9 Exhibit 8 (Under Seal), #10 Exhibit 9 (Under Seal))(Reuter, Bryan) (Additional attachment(s) added on 11/2/2018: #11 Opposition, #12 Statement of Contested/Uncontested Facts, #13 Exhibit 1, #14 Exhibit 2, #15 Exhibit 3, #16 Exhibit 4, #17 Exhibit 5, #18 Exhibit 6, #19 Exhibit 7, #20 Exhibit 8, #21 Exhibit 9) (bwn).
October 1, 2018 Opinion or Order Filing 312 EXPARTE/CONSENT MOTION to Seal Document #311 Response/Memorandum in Opposition to Motion by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Chaney, Christian)
October 1, 2018 Opinion or Order Filing 311 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #268 MOTION in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt . (Reuter, Bryan) (Additional attachment(s) added on 11/2/2018: #1 Opposition) (bwn).
October 1, 2018 Opinion or Order Filing 310 EXPARTE/CONSENT MOTION to Seal Document #309 Response/Memorandum in Opposition to Motion, by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Chaney, Christian)
October 1, 2018 Opinion or Order Filing 309 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #283 MOTION in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell . (Attachments: #1 Exhibit 1 (Under Seal), #2 Exhibit 2 (Under Seal), #3 Exhibit 3 (Under Seal))(Reuter, Bryan) (Additional attachment(s) added on 11/19/2018: #5 Opposition, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3) (bwn).
October 1, 2018 Opinion or Order Filing 308 EXPARTE/CONSENT MOTION to Seal Document Related to Opposition to R. Doc. 270 by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Chaney, Christian)
October 1, 2018 Opinion or Order Filing 307 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #270 MOTION for Partial Summary Judgment of Patent Ownership (Count I of Plaintiffs' Complaint) . (Attachments: #1 Statement of Contested/Uncontested Facts (Under Seal), #2 Exhibit 1 (Under Seal), #3 Exhibit 2 (Under Seal), #4 Exhibit 3 (Under Seal), #5 Exhibit 4 (Under Seal), #6 Exhibit 5 (Under Seal), #7 Exhibit 6 (Under Seal), #8 Exhibit 7 (Under Seal), #9 Exhibit 8 (Under Seal), #10 Exhibit 9, #11 Exhibit 10 (Under Seal), #12 Exhibit 11 (Under Seal), #13 Exhibit 12 (Under Seal), #14 Exhibit 13 (Under Seal))(Reuter, Bryan) (Additional attachment(s) added on 11/2/2018: #15 Opposition, #16 Statement of Contested/Uncontested Facts, #17 Exhibit 1, #18 Exhibit 2, #19 Exhibit 3, #20 Exhibit 4, #21 Exhibit 5, #22 Exhibit 6, #23 Exhibit 7, #24 Exhibit 8, #25 Exhibit 9, #26 Exhibit 10, #27 Exhibit 11, #28 Exhibit 12, #29 Exhibit 13) (bwn).
October 1, 2018 Opinion or Order Filing 306 EXPARTE/CONSENT MOTION to Seal Document #305 Response/Memorandum in Opposition to Motion by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Chaney, Christian)
October 1, 2018 Opinion or Order Filing 305 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #279 MOTION for Summary Judgment as to Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 5-13 for Failure to Establish an Essential Element of Each Claim . (Attachments: #1 Statement of Contested/Uncontested Facts (Under Seal), #2 Exhibit 1 (Under Seal), #3 Exhibit 2 (Under Seal), #4 Exhibit 3 (Under Seal), #5 Exhibit 4 (Under Seal), #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7 (Under Seal), #9 Exhibit 8 (Under Seal), #10 Exhibit 9 (Under Seal), #11 Exhibit 10 (Under Seal), #12 Exhibit 11 (Under Seal), #13 Exhibit 12 (Under Seal), #14 Exhibit 13 (Under Seal), #15 Exhibit 14 (Under Seal), #16 Exhibit 15 (Under Seal), #17 Exhibit 16 (Under Seal), #18 Exhibit 17 (Under Seal), #19 Exhibit 18 (Under Seal), #20 Exhibit 19 (Under Seal), #21 Exhibit 20 (Under Seal), #22 Exhibit 21 (Under Seal), #23 Exhibit 22 (Under Seal), #24 Exhibit 23, #25 Exhibit 24 (Under Seal), #26 Exhibit 25 (Under Seal), #27 Exhibit 26 (Under Seal), #28 Exhibit 27 (Under Seal), #29 Exhibit 28 (Under Seal), #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31 (Under Seal), #33 Exhibit 32 (Under Seal), #34 Exhibit 33 (Under Seal), #35 Exhibit 34 (Under Seal), #36 Exhibit 35 (Under Seal), #37 Exhibit 36 (Under Seal), #38 Exhibit 37 (Under Seal), #39 Exhibit 38, #40 Exhibit 39 (Under Seal), #41 Exhibit 40, #42 Exhibit 41 (Under Seal), #43 Exhibit 42 (Under Seal), #44 Exhibit 43 (Under Seal), #45 Exhibit 44 (Under Seal), #46 Exhibit 45 (Under Seal), #47 Exhibit 46 (Under Seal), #48 Exhibit 47 (Under Seal), #49 Exhibit 48 (Under Seal), #50 Exhibit 49 (Under Seal), #51 Exhibit 50 (Under Seal), #52 Exhibit 51 (Under Seal), #53 Exhibit 52 (Under Seal), #54 Exhibit 53 (Under Seal), #55 Exhibit 54 (Under Seal), #56 Exhibit 55 (Under Seal), #57 Exhibit 56 (Under Seal), #58 Exhibit 57 (Under Seal), #59 Exhibit 58 (Under Seal), #60 Exhibit 59 (Under Seal), #61 Exhibit 60 (Under Seal), #62 Exhibit 61 (Under Seal), #63 Exhibit 62 (Under Seal), #64 Exhibit 63 (Under Seal))(Dossier, Eva) Modified on 10/2/2018 to edit docket text (bwn). (Additional attachment(s) added on 10/31/2018: #65 Opposition, #66 Statement of Contested/Uncontested Facts, #67 Exhibit 1, #68 Exhibit 2, #69 Exhibit 3, #70 Exhibit 4, #71 Exhibit 7, #72 Exhibit 8, #73 Exhibit 9, #74 Exhibit 10, #75 Exhibit 11, #76 Exhibit 12, #77 Exhibit 13, #78 Exhibit 14, #79 Exhibit 15, #80 Exhibit 16, #81 Exhibit 17, #82 Exhibit 18, #83 Exhibit 19, #84 Exhibit 20, #85 Exhibit 21, #86 Exhibit 22, #87 Exhibit 24, #88 Exhibit 25, #89 Exhibit 26, #90 Exhibit 27, #91 Exhibit 28, #92 Exhibit 31, #93 Exhibit 32, #94 Exhibit 33, #95 Exhibit 34, #96 Exhibit 34 part 2, #97 Exhibit 35, #98 Exhibit 36, #99 Exhibit 37, #100 Exhibit 39, #101 Exhibit 41, #102 Exhibit 42, #103 Exhibit 43, #104 Exhibit 44, #105 Exhibit 45, #106 Exhibit 46, #107 Exhibit 47, #108 Exhibit 48, #109 Exhibit 49, #110 Exhibit 50, #111 Exhibit 51, #112 Exhibit 52, #113 Exhibit 53, #114 Exhibit 54, #115 Exhibit 55, #116 Exhibit 56, #117 Exhibit 57, #118 Exhibit 58, #119 Exhibit 59, #120 Exhibit 60, #121 Exhibit 61, #122 Exhibit 62, #123 Exhibit 63) (bwn).
September 28, 2018 Opinion or Order Filing 304 ORDER granting #303 Motion to Appear for Attorney Philip Charles Sternhell for United States of America. Signed by Judge Susie Morgan on 9/28/2018. (jeg)
September 28, 2018 Opinion or Order Filing 303 EXPARTE/CONSENT MOTION to Appear as Counsel of Record by United States of America. (Attachments: #1 Proposed Order)Attorney Philip Charles Sternhell added to party United States of America(pty:pla).(Sternhell, Philip)
September 25, 2018 Opinion or Order Filing 302 ORDER granting #300 Motion to Appear Pro Hac Vice as to Shawn E. Duckworth. Signed by Judge Susie Morgan on 9/25/18. (Attachments: #1 Notice to PHV Atty) (sbs)
September 21, 2018 Opinion or Order Filing 301 MOTION to Dismiss Counts 1, 8, 9 and 14 of Cytogel's Second Amended Counterclaims (Docket No. 220) Under Rule 12(b)(7) and 12(b)(6) by United States of America. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Brown, Walter)
September 21, 2018 Opinion or Order Filing 300 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-7128424) by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Exhibit A [Certificate], #2 Exhibit B [Declaration], #3 Exhibit C [ECF Registration], #4 Proposed Order)(Miller, Joseph)
September 20, 2018 Opinion or Order Filing 299 ORDER SCHEDULING SETTLEMENT CONFERENCE: A Settlement Conference is set for Thursday, 10/18/2018 at 9:00 AM before Magistrate Judge Janis van Meerveld. The required settlement memoranda, as set out herein, are due no later than midnight on Thursday, 10/11/2018. Signed by Magistrate Judge Janis van Meerveld on 9/20/2018.(ajn)
September 20, 2018 Opinion or Order Filing 298 ORDER AND REASONS - IT IS ORDERED that Count 2 of the Complaint of Plaintiffs the Administrators of the Tulane Educational Fund ("Tulane") and the United States and Count 14 of Defendant Cytogel Pharma, LLC's ("Cytogel") Second Amended and Restated Counterclaims be and hereby are DISMISSED WITHOUT PREJUDICE as to U.S. Patent Application No. 14/268,057 ("the '057 Application"), U.S. Patent Application No. 14/845,813 ("the '813 Application"), U.S. Patent Application No. 14/974,249 ("the '249 Application"), and U.S. Patent Application No. 15/450,259 ("the '259 Application"). IT IS FURTHER ORDERED that there be SEPARATE TRIALS in the instant action as follows: (1) the trial currently scheduled to begin on December 3, 2018 will deal with Count 1 of the Complaint and all claims in Cytogel's Second Amended and Restated Counterclaims other than Count 14, and (2) the second trial, to be scheduled at a later date, will deal with Count 2 of the Complaint and Count 14 of Cytogel's Second Amended and Restated Counterclaims. IT IS FURTHER ORDERED that the #273 Motion to Grant Plaintiffs' Declaratory Judgment Claims 1 and 2 and Dismiss Cytogel's Patent Ownership Counterclaim and Inventorship Counterclaim (Counts 1 and 14) filed by Tulane, Dr. Zadina, and the United States be and hereby is DENIED AS MOOT as to the inventorship of pending patent applications and DENIED WITHOUT PREJUDICE as to Count 2 of the Complaint and Count 14 of Cytogel's Second Amended and Restated Counterclaims. Signed by Judge Susie Morgan. (bwn)
September 17, 2018 Opinion or Order Filing 297 ORDER AND REASONS: IT IS ORDERED that Plaintiff the United States' #76 Motion to Dismiss Counts 10 and 13 of Defendant Cytogel Pharma, LLC's First Amended and Restated Counterclaims be and hereby is GRANTED, as set forth herein. IT IS FURTHER ORDERED that Counts 10 and 13 of Cytogel's #220 Second Amended and Restated Counterclaims as against the United States be and hereby are DISMISSED WITHOUT PREJUDICE. Signed by Judge Susie Morgan on 9/17/2018. (jls)
September 17, 2018 Opinion or Order Filing 296 ORDER granting #254 Motion to File Under Seal Documents Associated with Cytogel's Opposition to Counterclaim-Defendant Dr. James E. Zadina's Motion for Partial Summary Judgment, as set forth herein. IT IS FURTHER ORDERED that the Objections of Dr. Zadina and the Administrators of the Tulane Educational Fund to Cytogel's Motion to File Documents Under Seal be and hereby are OVERRULED as to all documents except Cyotgel's Exhibit E, which shall remain under seal as Tulane and Dr. Zadina request. Signed by Judge Susie Morgan on 9/17/2018. (jls)
September 17, 2018 Opinion or Order Filing 295 ORDER AND REASONS: IT IS ORDERED that Counterclaim-Defendant Dr. James E. Zadina's #223 Motion for Partial Summary Judgment on Counts 1, 4, 5, 9, 10, 12, and 14 of Defendant Cytogel Pharma, LLC's ("Cytogel") Second Amended and Restated Counterclaims be and hereby is DENIED as set forth herein. Signed by Judge Susie Morgan on 9/17/2018. (jls)
September 17, 2018 Opinion or Order Filing 294 ORDER AND REASONS: IT IS ORDERED that the #75 Refiled Motion of Plaintiff the Administrators of the Tulane Educational Fund and Counterclaim-Defendant Dr. James E. Zadina, in which Plaintiff the United States of America joins, to dismiss Counts 2 and 3 of Defendant Cytogel Pharma LLC's First Amended and Restated Counterclaims against Tulane and Dr. Zadina pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure be and hereby is DENIED as set forth herein. Signed by Judge Susie Morgan on 9/17/2018.(jls)
September 13, 2018 Opinion or Order Filing 293 Supplemented and Amended Reply filed by James E Zadina, in In support of #223 MOTION for Partial Summary Judgment of Defendant's Second Amended Counterclaims Pursuant to this Court's Order Doc. #259 . (Attachments: #1 Supplemented and Amended Response to Cytogel Pharma, LLC's Statement of Material Facts)(Olson, Arne) Modified on 9/14/2018 to edit docket text (bwn).
September 11, 2018 Opinion or Order Filing 292 SUR-REPLY to Response to Motion filed by Cytogel Pharma, LLC re #235 MOTION to Dismiss #220 FIRST AMENDED and Restated Affirmative Defenses and SECOND AMENDED and Restated Counterclaims and in the Alternative Dismiss Counterclaim 14 Pursuant to FRCP 12(b)(6). (jeg)
September 11, 2018 Opinion or Order Filing 291 ORDER granting #267 Motion for Leave to File Sur-Reply Memorandum in Opposition to Motion to Dismiss. Signed by Judge Susie Morgan on 9/11/2018. (jeg)
September 11, 2018 Opinion or Order Filing 290 Correction of Docket Entry by Clerk re #273 MOTION to Grant Plaintiffs' Declaratory Judgment Claims 1 and 2 and Dismiss Cytogel's Patent Ownership Counterclaim and Inventorship Counterclaim (Counts 1 and 14), #283 MOTION in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell, #274 MOTION for Partial Summary Judgment of Noninfringement (Defendant's Second Amended and Restated Counterclaims (Doc. 220) Counts 2 and 3), #270 MOTION for Partial Summary Judgment of Patent Ownership (Count I of Plaintiffs' Complaint), #286 MOTION in Limine to Strike Portions of the Expert Testimony and Reports of Cytogel Expert Dr. Stephen G. Davies, #279 MOTION for Summary Judgment as to Cytogel's Second Amended and Restated Counterclaims (Doc. 220) Counts 5-13 for Failure to Establish an Essential Element of Each Claim, #271 MOTION for Partial Summary Judgment of Cytogel's Second Amended and Restated Counterlciams (Doc. 220) Counts 8, 10, 11, 12, and 13 for Failing to Bring Them within the Prescription or Peremption Periods, #268 MOTION in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt, #287 MOTION for Summary Judgment Related to Damages - Filing attorney should have entered Submission Date. Clerk took corrective action to set motion(s) for submission on 10/17/18 before Judge Susie Morgan. No further action is necessary. (bwn)
September 10, 2018 Opinion or Order Filing 289 EXPARTE/CONSENT MOTION to File Under Seal Documents Associated with R. Doc. #287 by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified on 9/11/2018 to edit docket text (bwn).
September 10, 2018 Opinion or Order Filing 288 EXPARTE/CONSENT MOTION to File Documents Under Seal Related to R. Doc. #286 by United States of America. (Attachments: #1 Memorandum in Support, #2 Notice, #3 Proposed Order)(Brown, Walter) Modified on 9/11/2018 to edit docket text (bwn).
September 10, 2018 Opinion or Order Filing 287 MOTION for Summary Judgment Related to Damages by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support (Sealed), #4 Statement of Undisputed Material Facts (Sealed), #5 Declaration, #6 Exhibit 1 (Sealed), #7 Exhibit 2 (Sealed), #8 Exhibit 3 (Sealed), #9 Exhibit 4 (Sealed), #10 Exhibit 5 (Sealed), #11 Exhibit 6 (Sealed), #12 Exhibit 7 (Sealed), #13 Exhibit 8 (Sealed), #14 Exhibit 9 (Sealed), #15 Exhibit 10, #16 Exhibit 11 (Sealed), #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14 (Sealed), #20 Exhibit 15 (Sealed), #21 Exhibit 16 (Sealed), #22 Exhibit 17 (Sealed))(Olson, Arne) Modified on 9/11/2018 to add submission date (bwn). (Additional attachment(s) added on 10/30/2018: #23 Memorandum in Support, #24 Statement of Contested/Uncontested Facts, #25 Exhibit 1, #26 Exhibit 2, #27 Exhibit 3, #28 Exhibit 4, #29 Exhibit 5, #30 Exhibit 6, #31 Exhibit 7, #32 Exhibit 8, #33 Exhibit 9, #34 Exhibit 14, #35 Exhibit 15, #36 Exhibit 16, #37 Exhibit 17) (bwn).
September 10, 2018 Opinion or Order Filing 286 MOTION in Limine to Strike Portions of the Expert Testimony and Reports of Cytogel Expert Dr. Stephen G. Davies by United States of America. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support (Filed Under Seal), #4 Exhibit No. 1 (Filed Under Seal), #5 Exhibit No. 2 (Filed Under Seal), #6 Exhibit No. 3 (Filed Under Seal), #7 Exhibit No. 4 (Filed Under Seal), #8 Exhibit No. 5)(Brown, Walter) Modified on 9/11/2018 to add submission date (bwn). (Additional attachment(s) added on 10/30/2018: #9 Memorandum in Support, #10 Exhibit 1, #11 Exhibit 2, #12 Exhibit 3, #13 Exhibit 4) (bwn).
September 10, 2018 Opinion or Order Filing 285 Revised Statement of Facts by Cytogel Pharma, LLC filed as directed by R. Doc. #259 re #223 MOTION for Partial Summary Judgment of Defendant's Second Amended Counterclaims. (Dossier, Eva) Modified on 9/11/2018 to edit docket text (bwn).
September 10, 2018 Opinion or Order Filing 284 EXPARTE/CONSENT MOTION for Leave to File Documents Associated with R. Doc. #283 Under Seal by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Olson, Arne) Modified on 9/11/2018 to edit docket text (bwn).
September 10, 2018 Opinion or Order Filing 283 MOTION in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. Gregory K. Bell by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support (Sealed), #4 Declaration, #5 Exhibit 1, #6 Exhibit 2 (Sealed), #7 Exhibit 3 (Sealed), #8 Exhibit 4 (Sealed), #9 Exhibit 5 (Sealed), #10 Exhibit 6 (Sealed), #11 Exhibit 7 (Sealed), #12 Exhibit 8, #13 Exhibit 9 (Sealed), #14 Exhibit 10 (Sealed), #15 Exhibit 11)(Olson, Arne) Modified on 9/11/2018 to add submission date (bwn). (Additional attachment(s) added on 10/30/2018: #16 Memorandum in Support, #17 Exhibit 2, #18 Exhibit 3, #19 Exhibit 4, #20 Exhibit 5, #21 Exhibit 6, #22 Exhibit 7, #23 Exhibit 9, #24 Exhibit 10) (bwn).
September 10, 2018 Opinion or Order Filing 282 EXPARTE/CONSENT MOTION to File Under Seal Documents Related to Motion to Exclude (Doc. #281 ) by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Chaney, Christian) Modified on 9/11/2018 to edit docket text (bwn).
September 10, 2018 Opinion or Order Filing 281 MOTION to Exclude or Limit Testimony of Dr. William A. Clementi by Cytogel Pharma, LLC. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Memorandum in Support (Sealed), #2 Exhibit A (Sealed), #3 Exhibit B (Sealed), #4 Notice of Submission)(Chaney, Christian) Modified on 9/11/2018 to edit docket text (bwn). (Additional attachment(s) added on 10/31/2018: #5 Motion, #6 Memorandum in Support, #7 Exhibit A, #8 Exhibit B) (bwn).
September 10, 2018 Opinion or Order Filing 280 EXPARTE/CONSENT MOTION for Leave to File Documents Associated with R. Doc. #279 Under Seal by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified on 9/11/2018 to edit docket text (bwn).
September 10, 2018 Opinion or Order Filing 279 MOTION for Summary Judgment as to Cytogel's Second Amended and Restated Counterclaims (Doc. #220 ) Counts 5-13 for Failure to Establish an Essential Element of Each Claim by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support (Redacted), #4 Statement of Undisputed Material Facts (Redacted), #5 Declaration, #6 Exhibit 1 (Sealed), #7 Exhibit 2 (Sealed), #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6 (Sealed), #12 Exhibit 7, #13 Exhibit 8 (Sealed), #14 Exhibit 9 (Sealed), #15 Exhibit 10 (Sealed), #16 Exhibit 11 (Sealed), #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16 (Sealed))(Olson, Arne) Modified on 9/11/2018 (bwn). (Additional attachment(s) added on 10/30/2018: #22 Memorandum in Support, #23 Statement of Contested/Uncontested Facts, #24 Exhibit 1, #25 Exhibit 2, #26 Exhibit 6, #27 Exhibit 8, #28 Exhibit 9, #29 Exhibit 10, #30 Exhibit 11, #31 Exhibit 16) (bwn).
September 10, 2018 Opinion or Order Filing 278 EXPARTE/CONSENT MOTION to File Under Seal Documents Related to Motion to Exclude (Doc. #277 ) by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Dossier, Eva) Modified on 9/11/2018 to edit docket text (bwn).
September 10, 2018 Opinion or Order Filing 277 MOTION to Exclude or Limit Testimony of Dr. Jane V. Aldrich by Cytogel Pharma, LLC. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Memorandum in Support (Sealed), #2 Exhibit A (Sealed), #3 Exhibit B (Sealed), #4 Exhibit C (Sealed), #5 Exhibit D (Sealed), #6 Notice of Submission)(Dossier, Eva) Modified on 9/11/2018 to edit docket text (bwn). (Additional attachment(s) added on 10/31/2018: #7 Memorandum in Support, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D) (bwn).
September 10, 2018 Opinion or Order Filing 276 MOTION for Partial Summary Judgment on the Consulting Agreement by Cytogel Pharma, LLC. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Exhibit A (Consulting Agreement), #4 Notice of Submission)(Dossier, Eva)
September 10, 2018 Opinion or Order Filing 275 EXPARTE/CONSENT MOTION for Leave to File Documents Associated with R. Doc. #274 Under Seal by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Olson, Arne) Modified on 9/11/2018 to edit docket text (bwn).
September 10, 2018 Opinion or Order Filing 274 MOTION for Partial Summary Judgment of Noninfringement (Defendant's Second Amended and Restated Counterclaims (Doc. 220) Counts 2 and 3) by Administrators of the Tulane Educational Fund, James E Zadina. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support (Redacted), #4 Statement of Undisputed Material Facts (Redacted), #5 Declaration, #6 Exhibit 1 (Sealed), #7 Exhibit 2, #8 Exhibit 3 (Sealed), #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6 (Sealed), #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9 (Sealed), #15 Exhibit 10 (Sealed), #16 Exhibit 11 (Sealed), #17 Exhibit 12 (Sealed), #18 Exhibit 13)(Olson, Arne) Modified on 9/11/2018 to add submission date (bwn). (Additional attachment(s) added on 10/30/2018: #19 Memorandum in Support, #20 Statement of Contested/Uncontested Facts, #21 Exhibit 1, #22 Exhibit 3, #23 Exhibit 6, #24 Exhibit 9, #25 Exhibit 10, #26 Exhibit 11, #27 Exhibit 12) (bwn).
September 10, 2018 Opinion or Order Filing 273 MOTION to Grant Plaintiffs' Declaratory Judgment Claims 1 and 2 and Dismiss Cytogel's Patent Ownership Counterclaim and Inventorship Counterclaim (Counts 1 and 14) by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support, #4 Statement of Undisputed Material Facts, #5 Declaration, #6 Exhibit 1, #7 Exhibit 2)(Olson, Arne) Modified on 9/11/2018 to add submission date and edit docket text (bwn).
September 10, 2018 Opinion or Order Filing 272 EXPARTE/CONSENT MOTION for Leave to File Documents Associated with R. Doc. #271 Under Seal by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(Olson, Arne) Modified on 9/11/2018 to edit docket text (bwn).
September 10, 2018 Opinion or Order Filing 271 MOTION for Partial Summary Judgment of Cytogel's Second Amended and Restated Counterclaims (Doc. #220 ) Counts 8, 10, 11, 12, and 13 for Failing to Bring Them within the Prescription or Peremption Periods by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Proposed Order, #2 Notice of Submission, #3 Memorandum in Support (Redacted), #4 Statement of Undisputed Material of Facts, #5 Declaration, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4 (Sealed), #10 Exhibit 5 (Sealed), #11 Exhibit 6, #12 Exhibit 7 (Sealed), #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14 (Sealed), #20 Exhibit 15, #21 Exhibit 16)(Olson, Arne) Modified on 9/11/2018 (bwn). (Additional attachment(s) added on 10/30/2018: #22 Memorandum in Support, #23 Statement of Contested/Uncontested Facts, #24 Exhibit 4, #25 Exhibit 5, #26 Exhibit 7, #27 Exhibit 14) (bwn).
September 10, 2018 Opinion or Order Filing 270 MOTION for Partial Summary Judgment of Patent Ownership (Count I of Plaintiffs' Complaint) by United States of America. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support, #4 Statement of Contested/Uncontested Facts, #5 Declaration of Walter W. Brown, #6 Exhibit No. 1, #7 Exhibit No. 2, #8 Exhibit No. 3)(Brown, Walter) Modified on 9/11/2018 to add submission date (bwn).
September 10, 2018 Opinion or Order Filing 269 EXPARTE/CONSENT MOTION for Leave to File Documents Associated with R. Doc. #268 Under Seal by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice)(DePreter, Matthew) Modified on 9/11/2018 to edit docket text (bwn).
September 10, 2018 Opinion or Order Filing 268 MOTION in Limine to Strike the Expert Testimony of Cytogel's Proposed Expert, Dr. William K. Schmidt by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) will be submitted on 10/17/2018. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support (Sealed), #4 Declaration, #5 Exhibit 1, #6 Exhibit 2 (Sealed), #7 Exhibit 3 (Sealed), #8 Exhibit 4 (Sealed), #9 Exhibit 5 (Sealed), #10 Exhibit 6 (Sealed), #11 Exhibit 7 (Sealed), #12 Exhibit 8, #13 Exhibit 9 (Sealed)(DePreter, Matthew) Modified on 9/11/2018 to add submission date. (bwn). (Additional attachment(s) added on 10/30/2018: #14 Memorandum in Support, #15 Exhibit 2, #16 Exhibit 3, #17 Exhibit 4, #18 Exhibit 5, #19 Exhibit 6, #20 Exhibit 7, #21 Exhibit 9) (bwn).
September 7, 2018 Opinion or Order Filing 267 EXPARTE/CONSENT MOTION for Leave to File Sur-Reply Memorandum in Opposition to #235 Motion to Dismiss by Cytogel Pharma, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Paul, Matthew) Modified on 9/7/2018 to edit docket text (bwn).
September 7, 2018 Opinion or Order Filing 266 ORDER granting #261 Motion to Substitute Attorney. Added attorney Christian Stephen Durel Chaney for Cytogel Pharma, LLC. Attorney Elizabeth Swingle Horn terminated. Signed by Judge Susie Morgan on 9/7/2018. (jeg)
September 7, 2018 Opinion or Order Filing 265 OBJECTIONS by Administrators of the Tulane Educational Fund, James E Zadina re #254 MOTION to File Under Seal Unredacted Version of Doc. #253 Opposition to Motion for Partial Summary Judgment, #253 Response/Memorandum in Opposition to Motion, (Attachments: #1 Exhibit Proposed Redactions, #2 Exhibit Proposed Redactions)(Olson, Arne)
September 6, 2018 Opinion or Order Filing 264 ORDER granting #260 Motion to Enroll as Counsel of Record for Attorney Stephen J. Herman, Joseph Edward Cain, John Spencer Creevy, Charles Murray King for Cytogel Pharma, LLC. Signed by Judge Susie Morgan on 9/6/2018. (jeg)
September 6, 2018 Opinion or Order Filing 263 REPLY to Response and Memorandum to Cytogel Pharma, LLC's Statement of Material Facts in Support re #223 MOTION for Partial Summary Judgment of Defendant's Second Amended Counterclaims by Dr. James E. Zadina. (jeg)
September 6, 2018 Opinion or Order Filing 262 ORDER granting #256 Motion for Leave to File a Reply Memorandum and Response to Cytogel Pharma, LLC's Statement of Material Facts in Support of Dr. Zadina's Motion for Partial Summary Judgment of Defendant's Second Amended Counterclaims. Signed by Judge Susie Morgan on 9/6/2018. (jeg)
September 6, 2018 Opinion or Order Filing 261 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Christian S. Chaney to be substituted in place of Elizabeth S. Horn by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Dossier, Eva)
September 6, 2018 Opinion or Order Filing 260 EXPARTE/CONSENT MOTION to Enroll Stephen J. Herman, Joseph E. Cain, John S. Creevy, and Charles M. King as Additional Counsel of Record by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Dossier, Eva) Modified on 9/6/2018 to edit docket text (bwn).
September 5, 2018 Opinion or Order Filing 259 ORDER - IT IS ORDERED that, pursuant to Federal Rule of Civil Procedure 56(e), Counterclaim-Plaintiff Cytogel Pharma, LLC ("Cytogel") refile its response to Dr. Zadina's statement of uncontested material facts in support of his #223 motion for partial summary judgment, revised as directed herein and with record citations, by no later than Monday, September 10, at 5:00 p.m. IT IS FURTHER ORDERED that Counterclaim-Defendant Dr. James Zadina may file a supplemental reply to Cytogel's opposition, if he chooses to do so, by no later than Friday, September 14, at 5:00 p.m. Signed by Judge Susie Morgan.(bwn)
September 5, 2018 Opinion or Order Filing 258 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, James E Zadina re #235 MOTION to Dismiss #220 FIRST AMENDED and Restated Affirmative Defenses and SECOND AMENDED and Restated Counterclaims and in the Alternative Dismiss Counterclaim 14 Pursuant to FRCP 12(b)(6). (jeg)
September 5, 2018 Opinion or Order Filing 257 ORDER granting #255 Motion for Leave to File Reply in Support of the Motion to Dismiss Cytogel's First Amended and Restated Affirmative Defenses and Second Amended and Restated Counterclaims by Cytogel Pharma, LLC. Signed by Judge Susie Morgan on 9/5/2018. (jeg)
September 4, 2018 Opinion or Order Filing 256 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum and Response to Cytogel Pharma, LLC's #223 Statement of Material Facts in Support of Dr. Zadina's Motion for Parial Summary Judgment of Defendant's Second Amended Counterclaims by James E Zadina. (Attachments: #1 Proposed Pleading, #2 Proposed Response to Cytogel's Statement of Facts, #3 Proposed Order)(Olson, Arne) Modified on 9/5/2018 (bwn).
September 4, 2018 Opinion or Order Filing 255 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of #235 Motion to Dismiss Cytogel's First Amended and Restated Affirmative Defenses and Second Amended and Restated Counterclaims by Cytogel Pharma, LLC (Doc 220) Pursuant to Federal Rule of Civil Procedure 12(b)(7) and in the Alternative Dismiss Counterclaim 14 Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Exhibit, #2 Proposed Order)(Olson, Arne) Modified on 9/5/2018 to edit docket text (bwn).
August 31, 2018 Opinion or Order Filing 254 EXPARTE/CONSENT MOTION to File Under Seal Unredacted Version of Doc. #253 Opposition to Motion for Partial Summary Judgment by Cytogel Pharma, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Request to Seal)(Dossier, Eva) Modified on 9/4/2018 to edit docket text (bwn).
August 31, 2018 Opinion or Order Filing 253 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #223 MOTION for Partial Summary Judgment of Defendant's Second Amended Counterclaims (Redacted public version). (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Dossier, Eva) (Additional attachment(s) added on 9/18/2018: #8 Memorandum in Support, #9 Statement of Contested/Uncontested Facts, #10 Exhibit A, #11 Exhibit B, #12 Exhibit C, #13 Exhibit D, #14 Exhibit E, #15 Exhibit F) (bwn).
August 28, 2018 Opinion or Order Filing 252 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #235 MOTION to Dismiss #220 FIRST AMENDED and Restated Affirmative Defenses and SECOND AMENDED and Restated Counterclaims and in the Alternative Dismiss Counterclaim 14 Pursuant to FRCP 12(b)(6) . (Attachments: #1 Exhibit A, #2 Exhibit B)(Horn, Elizabeth)
August 22, 2018 Opinion or Order Filing 251 ORDER granting #250 Motion to Extend Expert Discovery and Deposition Deadline. Signed by Judge Susie Morgan on 8/21/2018. (bwn)
August 20, 2018 Opinion or Order Filing 250 EXPARTE/CONSENT Joint MOTION to Extend Expert Discovery and Deposition Deadline by One Business Day by All Parties. (Attachments: #1 Proposed Order)(Dossier, Eva) Modified on 8/21/2018 to edit filers and docket text (bwn).
August 17, 2018 Opinion or Order Filing 249 ORDER AND REASONS: Denying #221 Motion to Determine Sufficiency of Responses to Requests for Admission and to Compel Responses to Interrogatories. Signed by Magistrate Judge Janis van Meerveld on 8/17/2018. (ajn)
August 16, 2018 Opinion or Order Filing 248 ORDER granting #242 Motion to Appear for Attorney Alex Hanna for United States of America. Signed by Judge Susie Morgan on 8/15/18. (sbs)
August 16, 2018 Opinion or Order Filing 247 ORDER granting #240 Motion to Withdraw as Attorney. Attorney Ian Charles Barras terminated. Signed by Judge Susie Morgan on 08/15/2018. (mm)
August 15, 2018 Opinion or Order Filing 246 REPLY MEMORANDUM in Support filed by Cytogel Pharma, LLC re #221 MOTION to Determine Sufficiency of Responses to Requests for Admission and to Compel Responses to Interrogatories. (ajn)
August 15, 2018 Opinion or Order Filing 245 ORDER granting #232 Motion for Leave to File Reply. Signed by Magistrate Judge Janis van Meerveld on 8/15/2018. (ajn)
August 15, 2018 Opinion or Order Filing 244 NOTICE: Because R. Doc. #235 contains more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of the submission in a binder as set forth in notice. Signed by Clerk.(bwn)
August 15, 2018 Opinion or Order Filing 243 ORDER granting #234 Motion to File Exhibit Under Seal. Signed by Judge Susie Morgan. (bwn)
August 14, 2018 Opinion or Order Filing 242 EXPARTE/CONSENT MOTION to Appear as Additional Counsel of Record by United States of America. (Attachments: #1 Proposed Order)(Brown, Walter) Modified on 8/15/2018 to edit docket text (bwn).
August 14, 2018 Opinion or Order Filing 241 ORDER: On 8/8/2018, this Court granted Cytogel Pharma, LLC's Motion to Seal Exhibits C, D, E, and F to its Motion to Determine Sufficiency of Responses to Requests for Admission and to Compel Responses to Interrogatories. IT IS ORDERED that the Exhibits C, D, E, and F in their unredacted form shall remain sealed until further order from this Court. IT IS FURTHER ORDERED that the redacted versions of Exhibits C, D, E, and F (Rec. Doc. 236-1, 236-2, 236-3, and 236-4) shall be filed into the public record as additional attachments to the Motion to Determine Sufficiency of Responses to Requests for Admission and to Compel Responses to Interrogatories (Rec. Doc. 221). Signed by Magistrate Judge Janis van Meerveld on 8/14/2018.(ajn)
August 14, 2018 Opinion or Order Filing 240 EXPARTE/CONSENT MOTION to Withdraw Ian C. Barras as Attorney by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Order)(Barras, Ian)
August 14, 2018 Opinion or Order Filing 239 Correction of Docket Entry by Clerk re #234 MOTION to File Exhibit Under Seal - Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. (bwn)
August 14, 2018 Opinion or Order Filing 238 Correction of Docket Entry by Clerk re #232 MOTION for Leave to File Reply - Filing attorney selected incorrect event. Correct event is "Motion for Leave to File Document." Clerk took corrective action by changing the event. (bwn)
August 13, 2018 Opinion or Order Filing 237 ORDER granting #231 Motion to Appear. IT IS ORDERED that J. Matthew Miller III, of the law firm Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, L.L.C., be added as additional counsel of record for Tulane and Zadina. Signed by Judge Susie Morgan on 8/13/2018. (jls)
August 13, 2018 Opinion or Order Filing 236 OBJECTIONS by Administrators of the Tulane Educational Fund, James E Zadina re #222 MOTION to Seal Document , #221 MOTION to Determine Sufficiency of Responses to Requests for Admission and to Compel Responses to Interrogatories, #229 Order on Motion to Seal Document (Attachments: #1 Exhibit C (Redacted), #2 Exhibit D (Redacted), #3 Exhibit E (Redacted), #4 Exhibit F (Redacted))(Olson, Arne)
August 13, 2018 Opinion or Order Filing 235 MOTION to Dismiss #220 FIRST AMENDED and Restated Affirmative Defenses and SECOND AMENDED and Restated Counterclaims and in the Alternative Dismiss Counterclaim 14 Pursuant to FRCP 12(b)(6) by Administrators of the Tulane Educational Fund, James E Zadina. Motion(s) will be submitted on 9/5/2018. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Declaration of John Christie, #5 Exhibit 1 (filed under seal))(Olson, Arne) Modified on 8/14/2018 to edit docket text (bwn). (Additional attachment(s) added on 8/15/2018: #6 Exhibit 1) (bwn).
August 13, 2018 Opinion or Order Filing 234 EXPARTE/CONSENT MOTION to File Exhibit Under Seal by Administrators of the Tulane Educational Fund, James E Zadina re #235 Motion to Dismiss #220 FIRST AMENDED and Restated Affirmative Defenses and SECOND AMENDED and Restated Counterclaims. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice, #4 Proposed Pleading (cover))(Olson, Arne) Modified on 8/14/2018 to edit docket text and remove referral(bwn).
August 13, 2018 Opinion or Order Filing 233 REFILED STATEMENT OF FACTS by James E Zadina re #223 MOTION for Partial Summary Judgment filed as directed by #230 Order. (Attachments: #1 Statement of Undisputed Material Facts, #2 Revised and Refiled Memorandum in Support, #3 Supplemental Declaration, #4 Exhibit A)(Olson, Arne) Modified on 8/14/2018 to edit docket text (bwn).
August 13, 2018 Opinion or Order Filing 232 EXPARTE/CONSENT MOTION for Leave to File Reply filed by Cytogel Pharma, LLC re #221 MOTION to Determine Sufficiency of Responses to Requests for Admission and to Compel Responses to Interrogatories . Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Horn, Elizabeth) Modified on 8/14/2018 to edit docket text and add referral (bwn).
August 10, 2018 Opinion or Order Filing 231 EXPARTE/CONSENT MOTION to Appear as Additional Counsel of Record by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Order) Attorney Joseph Matthew Miller, III added to party Administrators of the Tulane Educational Fund(pty:cd) and James E Zadina(pty:cd).(Miller, Joseph)
August 8, 2018 Opinion or Order Filing 230 ORDER that James Zadina refile his statement of uncontested facts in support of his #223 MOTION for Partial Summary Judgment of Defendant's Second Amended Counterclaims. FURTHER ORDER that the deadline for Cytogel's opposition to Dr. Zadina's motion will be extended to August 31, 2018. Signed by Judge Susie Morgan on 8/08/2018. (tsf)
August 8, 2018 Opinion or Order Filing 229 ORDER granting #222 Motion to Seal Documents. IT IS FURTHER ORDERED that any objections to the Court unsealing these documents shall be filed no later than August 13, 2018. Signed by Magistrate Judge Janis van Meerveld on 8/8/2018. (ajn)
August 8, 2018 Opinion or Order Filing 228 ORDER - IT IS ORDERED that Counterclaim Defendant James Zadina's #224 Request for Oral Argument is DENIED. If the Court later determines that Oral Argument will be helpful, it will schedule Oral Argument at that time. Signed by Judge Susie Morgan on 8/7/2018.(bwn)
August 7, 2018 Opinion or Order Filing 227 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, James E Zadina re #221 MOTION to Determine Sufficiency of Responses to Requests for Admission and to Compel Responses to Interrogatories . (Olson, Arne)
August 7, 2018 Opinion or Order Filing 226 NOTICE: Because R. Doc. #223 contains more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of the submission in a binder as set forth in notice. Signed by Clerk.(bwn)
August 7, 2018 Opinion or Order Filing 225 Correction of Docket Entry by Clerk re #223 MOTION for Partial Summary Judgment of Defendant's Second Amended Counterclaims - Filing attorney should have selected No at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk took corrective action to set motion for submission on 9/5/2018 before Judge Susie Morgan. No further action is necessary. (bwn)
August 6, 2018 Opinion or Order Filing 224 Request/Statement of Oral Argument by James E Zadina regarding #223 MOTION for Partial Summary Judgment of Defendant's Second Amended Counterclaims (Olson, Arne)
August 6, 2018 Opinion or Order Filing 223 MOTION for Partial Summary Judgment of Defendant's Second Amended Counterclaims by James E Zadina. Motion(s) will be submitted on 9/5/2018. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support, #4 Statement of Facts in Support of Motion, #5 Declaration of Matthew De Preter in Support of Motion, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3)(Olson, Arne) Modified on 8/7/2018 to add submission date (bwn).
July 31, 2018 Opinion or Order Filing 222 EXPARTE/CONSENT MOTION to File Documents Under Seal re #221 MOTION to Determine Sufficiency of Responses to Requests for Admission and to Compel Responses to Interrogatories by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Manual Attachment)(Horn, Elizabeth) Modified on 8/1/2018 to edit docket text (bwn).
July 31, 2018 Opinion or Order Filing 221 MOTION to Determine Sufficiency of Responses to Requests for Admission and to Compel Responses to Interrogatories by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 8/15/2018. (Attachments: #1 Memorandum in Support (Redacted), #2 Notice of Submission, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C (Placeholder), #6 Exhibit D (Placeholder), #7 Exhibit E (Placeholder), #8 Exhibit F (Placeholder))(Horn, Elizabeth) Modified on 8/1/2018 to edit docket text (bwn). (Additional attachment(s) added on 8/8/2018: #9 SEALED Exhibit C, #10 SEALED Exhibit D, #11 SEALED Exhibit E, #12 SEALED Exhibit F) (ajn). (Additional attachment(s) added on 8/15/2018: #13 REDACTED Exhibit C, #14 REDACTED Exhibit D, #15 REDACTED Exhibit E, #16 REDACTED Exhibit F) (ajn).
July 23, 2018 Opinion or Order Filing 220 FIRST AMENDED and Restated Affirmative Defenses and SECOND AMENDED and Restated Counterclaims against Administrators of the Tulane Educational Fund, United States of America and James E. Zadina filed by Cytogel Pharma, LLC. (Attachments: #1 Exhibit 3, #2 Exhibit 5)(ajn) (Additional attachment(s) added on 7/23/2018: #3 SEALED Exhibit 2, #4 SEALED Exhibit 4) (ajn). (Main Document 220 replaced on 10/11/2018 with a text searchable version of the pdf document.) (tsf).
July 20, 2018 Opinion or Order Filing 219 ORDER AND REASONS granting #195 Motion for Leave to File First Amended and Restated Affirmative Defenses and Second Amended and Restated Counterclaims. Signed by Magistrate Judge Janis van Meerveld on 7/20/2018. (ajn)
July 20, 2018 Opinion or Order Filing 218 ORDER granting #217 Motion for Extension of Expert Deadlines. Signed by Judge Susie Morgan. (bwn)
July 20, 2018 Opinion or Order Filing 217 Joint MOTION for Extension of Expert Deadlines by All Parties. (Attachments: #1 Proposed Order)(Brown, Walter) Modified on 7/20/2018 to edit filers (bwn).
July 18, 2018 Opinion or Order Filing 216 ORDER denying #215 Motion for Telephone Status Conference. IT IS FURTHER ORDERED that on or before July 25, 2018, the parties shall meet and confer in good faith to attempt to resolve the issues related to the responses to Cytogel's second set of interrogatories and first set of requests for admission. Signed by Magistrate Judge Janis van Meerveld on 7/18/2018. (ajn)
July 18, 2018 Opinion or Order Filing 215 EXPARTE/CONSENT MOTION for Telephone Conference re Discovery by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Horn, Elizabeth) Modified on 7/18/2018 to edit docket text (bwn). (Attachment 1 replaced on 7/18/2018) (bwn).
July 17, 2018 Opinion or Order Filing 214 ORDER CANCELLING ORAL ARGUMENT re #195 Motion for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaims. The Motion will be decided on the briefs. Signed by Magistrate Judge Janis van Meerveld on 7/17/2018.(ajn)
July 16, 2018 Opinion or Order Filing 213 REPLY MEMORANDUM in Support filed by Cytogel Pharma, LLC re #195 MOTION for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaims. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(ajn)
July 16, 2018 Opinion or Order Filing 212 ORDER granting #211 Motion for Leave to File Reply. Signed by Magistrate Judge Janis van Meerveld on 7/16/2018. (ajn)
July 16, 2018 Opinion or Order Filing 211 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Pleading Reply, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Dossier, Eva)
July 12, 2018 Opinion or Order Filing 210 ORDER granting #208 Motion for Leave to File Under Seal. Signed by Magistrate Judge Janis van Meerveld on 7/12/2018. (ajn)
July 11, 2018 Opinion or Order Filing 209 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #195 MOTION for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaims (Attachments: #1 Exhibit 1 (Sealed), #2 Exhibit 2, #3 Exhibit 3 (Sealed), #4 Exhibit 4 (Sealed), #5 Exhibit 5 (Sealed))(Olson, Arne) Modified on 7/12/2018 to edit docket text (bwn). (Additional attachment(s) added on 7/13/2018: #6 Exhibit 1 - Unredacted Memo in Opposition - SEALED, #7 Exhibit 1 - SEALED, #8 Exhibit 3 - SEALED, #9 Exhibit 4 - SEALED, #10 Exhibit 5 - SEALED) (ajn).
July 11, 2018 Opinion or Order Filing 208 EXPARTE/CONSENT MOTION for Leave to File Under Seal Documents Associated with the Opposition of #195 Motion for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaims by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Olson, Arne) Modified on 7/12/2018 to edit docket text (bwn).
July 11, 2018 Opinion or Order Filing 207 ORDER AND AMENDED SCHEDULING ORDER - Considering the parties' #206 joint motion to extend deadlines; IT IS ORDERED that the motion is GRANTED. The deadline for expert reports to be submitted on any issue by the party bearing the burden of proof is continued to July 20, 2018. The deadline for responsive expert reports is continued to August 13, 2018. The parties are to adhere to the revised deadlines as shown herein. Signed by Judge Susie Morgan. (Attachments: #1 Pretrial Notice Form) (bwn)
July 9, 2018 Opinion or Order Filing 206 EXPARTE/CONSENT Joint MOTION for Extension of Expert Deadlines by All Parties. (Attachments: #1 Proposed Order)(Dossier, Eva) Modified on 7/9/2018 to edit filers (bwn).
July 5, 2018 Opinion or Order Filing 205 ORDER: IT IS ORDERED that the following documents are hereby unsealed: 1. Memorandum in Support of Motion for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaim (Rec. Doc. 195-8); 2. Proposed First Amended Affirmative Defenses and Second Amended Counterclaim (Rec. Doc. 195-9); 3. Exhibit 3 (Rec. Doc. 195-12); and 4. Exhibit 5 (Rec. Doc. 195-14). IT IS FURTHER ORDERED that Exhibit 2 (Rec. Doc. 195-10) and Exhibit 4 (Rec. Doc. 195-12) shall remain sealed until further order of this Court. Signed by Magistrate Judge Janis van Meerveld on 7/5/2018.(ajn) (Main Document 205 replaced on 7/5/2018) (ajn).
July 3, 2018 Opinion or Order Filing 204 OBJECTIONS by Administrators of the Tulane Educational Fund, James E Zadina re #201 Order to Unseal Exhibits 2 and 4. (Olson, Arne) Modified on 7/3/2018 to edit docket text (bwn).
July 3, 2018 Opinion or Order Filing 203 ORDER: IT IS ORDERED that #202 MOTION for Extension of Time to File Response/Reply as to #195 MOTION for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaims is GRANTED and that the due date for Counterclaim-Defendants' response is reset to July 11, 2018; and as to #195 MOTION for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaims, the submission date is reset to 7/18/2018 and oral argument is reset to 7/18/2018 at 11:00 a.m. Signed by Magistrate Judge Janis van Meerveld on 7/2/2018.(ajn)
June 27, 2018 Opinion or Order Filing 202 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #195 MOTION for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaims by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order)(Olson, Arne) Modified on 6/28/2018 to edit docket text (bwn).
June 26, 2018 Opinion or Order Filing 201 ORDER granting #196 Motion to Seal Documents. IT IS FURTHER ORDERED that any party objecting to the Court unsealing these documents shall file a memorandum in support of the party's position no later than 7/3/2018. IT IS FURTHER ORDERED that to the extent any party takes the position that oral argument on the Motion for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaims should be held in a closed proceeding, it shall file a memorandum of no more than 5 pages explaining its position no later than 7/3/2018. Signed by Magistrate Judge Janis van Meerveld on 6/26/2018. (ajn)
June 26, 2018 Opinion or Order Filing 200 ORDER SETTING ORAL ARGUMENT: IT IS ORDERED that Oral Argument on #195 MOTION for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaims will be held on Wednesday, 7/11/2018 at 11:00 AM before Magistrate Judge Janis van Meerveld. Signed by Magistrate Judge Janis van Meerveld on 6/26/2018.(ajn)
June 26, 2018 Opinion or Order Filing 199 REPLY to Response to Motion filed by Cytogel Pharma, LLC re #75 MOTION to Dismiss Defendant's First Amended Counterclaims Pursuant to Rule 12(b)(6) and Rule 12(b)(1). (bwn)
June 26, 2018 Opinion or Order Filing 198 ORDER granting #194 Motion for Leave to File Reply Memorandum re #75 MOTION to Dismiss Defendant's First Amended Counterclaims Pursuant to Rule 12(b)(6) and Rule 12(b)(1). Signed by Judge Susie Morgan. (bwn)
June 26, 2018 Opinion or Order Filing 197 ORDER AND REASONS: Granting #184 Motion to Compel. Each Tulane and Dr. Zadina shall provide responses to Cytogel's Second Set of Interrogatories and First Set of Requests for Production of Documents within 10 days. Cytogel's request for attorneys' fees are Denied for the reasons stated in Footnote 3. Signed by Magistrate Judge Janis van Meerveld on 6/26/2018. (ajn)
June 25, 2018 Opinion or Order Filing 196 EXPARTE/CONSENT MOTION to Seal Documents re #195 MOTION for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaims by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Memorandum in Support of Motion to Seal, #2 Proposed Order, #3 Exhibit 1 (Filed Under Seal), #4 Exhibit 2 (Filed Under Seal), #5 Exhibit 3 (Filed Under Seal), #6 Exhibit 4 (Filed Under Seal), #7 Exhibit 5 (Filed Under Seal), #8 Memorandum in Support of Amendment Motion (Filed Under Seal))(Dossier, Eva) Modified on 6/26/2018 to add referral (bwn). (Additional attachment(s) added on 6/26/2018: #9 Proposed Pleading, #10 Proposed Memorandum in Support, #11 Proposed Exhibit 2, #12 Proposed Exhibit 3, #13 Proposed Exhibit 4, #14 Proposed Exhibit 5) (bwn).
June 25, 2018 Opinion or Order Filing 195 MOTION for Leave to File First Amended Affirmative Defenses and Second Amended Counterclaims by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 7/11/2018. (Attachments: #1 Memorandum in Support (Filed Under Seal), #2 Exhibit 1 (Proposed Pleading) (Filed Under Seal), #3 Exhibit 2 (Filed Under Seal), #4 Exhibit 3 (Filed Under Seal), #5 Exhibit 4 (Filed Under Seal), #6 Exhibit 5 (Filed Under Seal), #7 Notice of Submission)(Dossier, Eva) (Additional attachment(s) added on 6/26/2018: #8 Memorandum in Support (SEALED), #9 Proposed Pleading (SEALED), #10 Exhibit 2 (SEALED), #11 Exhibit 3 (SEALED), #12 Exhibit 4 (SEALED), #13 Exhibit 5 (SEALED)) (ajn).
June 25, 2018 Opinion or Order Filing 194 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum re #75 MOTION to Dismiss Defendant's First Amended Counterclaims Pursuant to Rule 12(b)(6) and Rule 12(b)(1) by Cytogel Pharma, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Dossier, Eva) Modified on 6/26/2018 to edit docket text (bwn).
June 20, 2018 Opinion or Order Filing 193 ORDER AND AMENDED SCHEDULING ORDER - IT IS ORDERED that #186 Motion for Extension of Deadlines is GRANTED. The parties are to adhere to the revised deadlines as shown herein. Signed by Judge Susie Morgan. (Attachments: #1 Pretrial Notice Form) (bwn)
June 20, 2018 Opinion or Order Filing 192 Supplemental Memorandum filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina, in Support of #75 MOTION to Dismiss Defendant's First Amended Counterclaims Pursuant to Rule 12(b)(6) and Rule 12(b)(1). (Attachments: #1 Exhibit A)(bwn)
June 20, 2018 Opinion or Order Filing 191 ORDER granting #190 Motion for Leave to File a Supplemental Memorandum In Support The Refiled Motion Of The Administrators Of The Tulane Educational Fund And Dr. Zadina, In Which The United States Joins, To Dismiss Defendant's First Amended Counterclaims Pursuant To Rule 12(b)(6) And Rule 12(b)(1) (Doc. #75 ). Signed by Judge Susie Morgan on 6/19/2018. (bwn)
June 18, 2018 Opinion or Order Filing 190 MOTION for Leave to File A Supplemental Memorandum In Support The Refiled Motion Of The Administrators Of The Tulane Educational Fund And Dr. Zadina, In Which The United States Joins, To Dismiss Defendant's First Amended Counterclaims Pursuant To Rule 12(b)(6) And Rule 12(b)(1) (Doc. 75) by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) will be submitted on 7/11/2018. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Proposed Pleading, #4 Exhibit A to the Proposed Pleading)(Olson, Arne)
June 18, 2018 Opinion or Order Filing 189 Reply Memorandum filed by Cytogel Pharma, LLC, in Support of #184 MOTION to Compel Responses to Interrogatories and Requests for Admission. (mmv)
June 18, 2018 Opinion or Order Filing 188 ORDER GRANTING #187 Motion for Leave to File Reply Memorandum in Support of Motion to Compel. Signed by Magistrate Judge Janis van Meerveld on 6/18/2018. (mmv)
June 15, 2018 Opinion or Order Filing 187 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion to Compel Responses to Interrogatories and Requests for Admission by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Paul, Matthew)
June 15, 2018 Opinion or Order Filing 186 EXPARTE/CONSENT Joint MOTION for Extension of Deadlines by Cytogel Pharma, LLC, United States of America, Administrators of the Tulane Educational Fund, and James E. Zadina. (Attachments: #1 Proposed Order)(Horn, Elizabeth) Modified text/filers on 6/18/2018 (sa).
June 12, 2018 Opinion or Order Filing 185 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, James E Zadina re #184 MOTION to Compel Responses to Interrogatories and Requests for Admission . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Olson, Arne)
June 4, 2018 Opinion or Order Filing 184 MOTION to Compel Responses to Interrogatories and Requests for Admission by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 6/20/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Notice of Submission)(Paul, Matthew)
May 11, 2018 Opinion or Order Filing 183 TRANSCRIPT of Motion Hearing held on April 25, 2018 before Judge Janis van Meerveld. Court Reporter/Recorder Sandra Minutillo, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 8/9/2018. (rsg)
May 10, 2018 Opinion or Order Filing 182 Minute Entry and Amended Scheduling Order. Proceedings held before Judge Susie Morgan: Status Conference held on 5/10/2018. The Court GRANTED #173 Motion for Extension of Pretrial Deadlines. Defendants #174 Motion to Expedite Consideration is DENIED AS MOOT.The parties are to comply with the pre-trial deadlines as stated herein. (clc)
May 8, 2018 Opinion or Order Filing 181 ORDER granting #177 Motion to Withdraw as Attorney. Attorney Alissa Ann Digman terminated. Signed by Judge Susie Morgan on 5/7/2018. (clc)
May 7, 2018 Opinion or Order Filing 180 ORDER - IT IS ORDERED that a telephone status conference be held on Tuesday, May 8, 2018, at 12:00 p.m. CDT. The Court will provide the parties with the call-in instructions necessary to participate in the conference via telephone. The parties are to adhere to the revised deadlines as shown herein. Signed by Judge Susie Morgan.(bwn)
May 4, 2018 Opinion or Order Filing 179 REPLY to Response to Motion filed by Cytogel Pharma, LLC re #174 MOTION to Expedite #173 Motion to Extend Deadlines. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(clc)
May 4, 2018 Opinion or Order Filing 178 ORDER granting #176 Motion for Leave to File Reply re #174 Motion for Expedited Consideration of its #173 Motion to Extend Certain Deadlines. Signed by Judge Susie Morgan on 5/4/2018. (clc)
May 4, 2018 Opinion or Order Filing 177 EXPARTE/CONSENT MOTION to Withdraw Alissa A. Digman as Attorney by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Order)(Digman, Alissa)
May 3, 2018 Opinion or Order Filing 176 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum re #174 Motion to Expedite #173 Motion to Extend Certain Dadlines by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(Reuter, Bryan)
May 2, 2018 Opinion or Order Filing 175 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #174 MOTION to Expedite Motion to Extend Deadlines . (Attachments: #1 Exhibit A)(Olson, Arne)
May 1, 2018 Opinion or Order Filing 174 EXPARTE/CONSENT MOTION to Expedite Motion to Extend Deadlines by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Reuter, Bryan)
May 1, 2018 Opinion or Order Filing 173 MOTION for Extension of Deadlines by Cytogel Pharma, LLC. Motion(s) will be submitted on 5/16/2018. (Attachments: #1 Exhibit A, #2 Memorandum in Support, #3 Notice of Submission)(Reuter, Bryan)
April 30, 2018 Opinion or Order Filing 172 ORDER AND REASONS Granting in part and Denying in part #152 Motion to Compel as set forth in document. Signed by Magistrate Judge Janis van Meerveld on 4/30/2018. (ajn)
April 30, 2018 Opinion or Order Filing 171 POST-HEARING Memorandum Regarding Protective Order by Cytogel Pharma, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(ajn)
April 30, 2018 Opinion or Order Filing 170 ORDER granting #169 Motion for Leave to File Post-Hearing Memorandum. Signed by Magistrate Judge Janis van Meerveld on 4/30/2018. (ajn)
April 27, 2018 Opinion or Order Filing 169 EXPARTE/CONSENT MOTION for Leave to File Post Hearing Memo by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit 1 to Proposed Pleading, #4 Exhibit 2 to Proposed Pleading, #5 Exhibit 3 to Proposed Pleading, #6 Exhibit 4 to Proposed Pleading, #7 Exhibit 5 to Proposed Pleading, #8 Exhibit 6 to Proposed Pleading)(Reuter, Bryan)
April 26, 2018 Opinion or Order Filing 168 **ERROR - PLEASE DISREGARD Correction of Docket Entry by Clerk re #167 Witness and Exhibit List.**Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary.** (am)
April 25, 2018 Opinion or Order Filing 167 Witness and Exhibit List by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Attachment A - Preliminary Witness List, #2 Attachment B - Preliminary Exhibit List)(Olson, Arne)
April 25, 2018 Opinion or Order Filing 166 Witness and Exhibit List by Cytogel Pharma, LLC. (Horn, Elizabeth)
April 25, 2018 Opinion or Order Filing 165 Minute Order. Proceedings held before Magistrate Judge Janis van Meerveld: Motion Hearing held on 4/25/2018 re #152 MOTION to Compel filed by Cytogel Pharma, LLC. The motion is taken under submission. (Court Reporter Sandra Minutillo.) (caa)
April 23, 2018 Opinion or Order Filing 164 REPLY MEMORANDUM in Support filed by Cytogel Pharma, LLC re #152 MOTION to Compel . (ajn)
April 23, 2018 Opinion or Order Filing 163 ORDER granting #162 Motion for Leave to File Reply. Signed by Magistrate Judge Janis van Meerveld on 4/23/2018. (ajn)
April 20, 2018 Opinion or Order Filing 162 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Compel and in Opposition to Request for Protective Order by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Horn, Elizabeth)
April 18, 2018 Opinion or Order Filing 161 ORDER Setting Oral Argument: IT IS ORDERED that Oral Argument on #152 MOTION to Compel will be held on Wednesday, 4/25/2018 at 11:00 AM before Magistrate Judge Janis van Meerveld. Signed by Magistrate Judge Janis van Meerveld on 4/18/2018.(ajn)
April 17, 2018 Opinion or Order Filing 160 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund re #152 MOTION to Compel . (Attachments: #1 Exhibit 1)(Olson, Arne)
April 13, 2018 Opinion or Order Filing 159 ORDER Resetting Submission Date on #152 MOTION to Compel. IT IS ORDERED that the submission date is hereby CONTINUED to 4/25/2018. Plaintiffs' Memorandum in Opposition shall be filed by 4/17/2018. Cytogel's reply memorandum, if any, shall be filed by Friday, 4/20/2018, at 1:00 p.m. Signed by Magistrate Judge Janis van Meerveld on 4/13/2018.(ajn)
April 10, 2018 Opinion or Order Filing 158 SUPPLEMENTAL MEMORANDUM in Support filed by Cytogel Pharma, LLC re #152 MOTION to Compel . (ajn)
April 10, 2018 Opinion or Order Filing 157 ORDER granting #155 Motion for Leave to File Reply. Signed by Magistrate Judge Janis van Meerveld on 4/10/2018. (ajn)
April 10, 2018 Opinion or Order Filing 156 Correction of Docket Entry by Clerk re #155 MOTION for Leave to File Supplemental Memorandum.**Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge. Clerk took corrective action. ** (clc)
April 9, 2018 Opinion or Order Filing 155 EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum re #152 Motion to Compel by Cytogel Pharma, LLC. Motion(s) referred to Magistrate Judge Janis van Meerveld. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Horn, Elizabeth) Modified on 4/10/2018 (clc).
April 9, 2018 Opinion or Order Filing 154 Supplemental Certificate of Compliance with Rule 37 re #152 MOTION to Compel by by Cytogel Pharma, LLC. (Horn, Elizabeth) Modified text on 4/10/2018 (clc).
April 5, 2018 Opinion or Order Filing 153 ORDER denying #151 Motion to Expedite. IT IS FURTHER ORDERED that the parties shall meet and confer in good faith to attempt to resolve the issues raised in the Motion to Compel, as required by Rule 37(a)(1). Such meeting shall be held in person or by telephone. IT IS FURTHER ORDERED that movant shall file into the record in this matter a supplemental certification for the pending motion on or before 4/9/2018. If the conference required by this Order completely resolves the pending Motion to Compel, the movant shall file a motion to withdraw such Motion to Compel no later than 4/9/2018. Signed by Magistrate Judge Janis van Meerveld on 4/5/2018. (ajn)
April 4, 2018 Opinion or Order Filing 152 MOTION to Compel by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 4/18/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Notice of Submission)(Horn, Elizabeth)
April 3, 2018 Opinion or Order Filing 151 EXPARTE/CONSENT MOTION to Expedite Consideration of Cytogel's #152 Motion to Compel by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order)(Horn, Elizabeth) Modified on 4/4/2018 to add referral (bwn).
April 3, 2018 Opinion or Order Filing 150 **DEFICIENT** MOTION to Compel by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 4/18/2018. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order)(Horn, Elizabeth) Modified on 4/4/2018 (clc).
March 26, 2018 Opinion or Order Filing 149 SUR-REPLY to Response to Motion filed by Cytogel Pharma, LLC re #74 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's First Amended Counterclaims for Failing to Bring Them Within the Prescription Period. (bwn)
March 26, 2018 Opinion or Order Filing 148 ORDER granting #147 Motion for Leave to File Reply Memorandum re #146 REPLY. Signed by Judge Susie Morgan. (bwn)
March 23, 2018 Opinion or Order Filing 147 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum re #146 REPLY filed by Administrators of the Tulane Educational Fund, James E Zadina re 74 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's First Amended Counterclaims by Cytogel Pharma, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Horn, Elizabeth) Modified text on 3/23/2018 (clc).
March 19, 2018 Opinion or Order Filing 146 Supplemental Memorandum in Support filed by Administrators of the Tulane Educational Fund, James E Zadina re #74 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's First Amended Counterclaims for Failing to Bring Them Within the Prescription Period. (clc) Modified on 3/26/2018 (bwn).
March 19, 2018 Opinion or Order Filing 144 ORDER DENIED as MOOT #136 Motion for Leave to File Reply. Signed by Magistrate Judge Janis van Meerveld on 3/19/2018. (ajn)
March 16, 2018 Opinion or Order Filing 143 ORDER DENIED as Moot #130 Motion for Leave to File Reply. Signed by Magistrate Judge Janis van Meerveld on 3/16/2018. (ajn)
March 15, 2018 Opinion or Order Filing 145 ORDER granting #141 Motion for Leave to File Supplemental Memorandum In Support of #74 Motion to Dismiss Counts 8, 10, 11, 12, and 13. Signed by Judge Susie Morgan on 3/15/2018. (clc)
March 15, 2018 Opinion or Order Filing 142 Correction of Docket Entry by Clerk re #141 MOTION for Leave to File - Filing no longer deemed deficient. (bwn)
March 14, 2018 Opinion or Order Filing 141 EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Support of the Refiled Motion by The Administrators of the Tulane Educational Fund and Dr. James E. Zadina to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's First Amended Counterclaims for Failing to Bring Them Within the Prescription Period (Doc. 74) by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Pleading, #2 Proposed Order, #3 Notice of Submission)(Olson, Arne) Modified on 3/15/2018 (clc). Modified on 3/15/2018 to reopen document (bwn).
March 7, 2018 Opinion or Order Filing 140 TRANSCRIPT of Telephone Status Conference held on February 27, 2018 before Judge Janis van Meerveld. Court Reporter/Recorder Magistrate Clerical, Telephone number 504-589-7724. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 6/5/2018. (rsg)
March 7, 2018 Opinion or Order Filing 139 TRANSCRIPT of Motion Hearing held on February 7, 2018 before Judge Janis van Meerveld. Court Reporter/Recorder Rebecca Gonzalez, Telephone number 504-589-7724. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 6/5/2018. (rsg)
February 27, 2018 Opinion or Order Filing 138 Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: A Telephone Status Conference was held on 2/27/2018. The parties discussed the remaining issues raised by #122 MOTION to Compel filed by Cytogel Pharma, LLC. IT IS ORDERED that as to the remaining issues, the Motion to Compel is GRANTED in part and DENIED in part as set forth in document. (ajn)
February 22, 2018 Opinion or Order Filing 137 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #136 MOTION for Leave to File Reply Memorandum . (Attachments: #1 Exhibit 1)(DePreter, Matthew)
February 21, 2018 Opinion or Order Filing 136 EXPARTE/CONSENT MOTION for Leave to File Reply re #135 Memorandum regarding keyword searches by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit)(Horn, Elizabeth) Modified text on 2/22/2018 (clc). Modified on 2/24/2018 to add referral (bwn).
February 20, 2018 Opinion or Order Filing 135 Memorandum regarding keyword searches by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Exhibit 1)(DePreter, Matthew)
February 20, 2018 Opinion or Order Filing 134 Memorandum regarding Proposed Search Terms by Cytogel Pharma, LLC . (Horn, Elizabeth)
February 20, 2018 Opinion or Order Filing 133 Joint Memorandum regarding search terms by All Parties. (Horn, Elizabeth) Modified text on 2/21/2018 to add joint filers. (clc).
February 7, 2018 Opinion or Order Filing 132 Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Motion Hearing held on 2/7/2018 re #118 MOTION to Compel. ORDERED: The remaining issue in this motion is taken under submission. (Court Reporter Rebecca Gonzalez.) (ajn)
February 5, 2018 Opinion or Order Filing 131 ORDER: Tulane's #118 MOTION to Compel is GRANTED in part and DENIED in part and deferred in part pending Oral Argument scheduled 2/7/2018 at 11:00 a.m. Cytogel's #122 MOTION to Compel is GRANTED in part, DENIED in part, and taken under submission in part pending supplemental briefing as further ordered herein. Signed by Judge Janis van Meerveld on 2/5/2018.(ajn)
February 5, 2018 Opinion or Order Filing 130 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of #118 Motion to Compel Discovery by Administrators of the Tulane Educational Fund, James E Zadina. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Olson, Arne)
February 1, 2018 Opinion or Order Filing 129 ORDER granting #127 Motion for Leave to File Exhibit. Signed by Magistrate Judge Janis van Meerveld on 1/31/2018. (ajn)
January 31, 2018 Opinion or Order Filing 128 RESPONSE/MEMORANDUM in Opposition filed by Administrators of the Tulane Educational Fund, James E Zadina re #122 MOTION to Compel MOTION for Discovery . (Attachments: #1 Exhibit 1)(Olson, Arne)
January 30, 2018 Opinion or Order Filing 127 EXPARTE/CONSENT MOTION for Leave to File Exhibit 1 to Doc. 122 by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Pleading- Exhibit 1, #2 Proposed Order)(Dossier, Eva) Modified text on 1/31/2018 (clc).
January 30, 2018 Opinion or Order Filing 126 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #118 MOTION to Compel . (Attachments: #1 Exhibit 1)(Dossier, Eva)
January 26, 2018 Opinion or Order Filing 125 ORDER Granting #123 MOTION to Expedite. IT IS FURTHER ORDERED that #122 MOTION to Compel is reset for submission on 2/7/2018. IT IS FURTHER ORDERED that any opposition to Cytogel's Motion to Compel be filed no later than January 31, 2018. Signed by Magistrate Judge Janis van Meerveld on 1/26/2018.(ajn)
January 26, 2018 Opinion or Order Filing 124 Correction of Docket Entry by Clerk re #122 MOTION to Compel.** Please disregard earlier issued Deficiency, Document #122 no longer deemed Deficient.** (clc)
January 25, 2018 Opinion or Order Filing 123 EXPARTE/CONSENT MOTION to Expedite by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order)(Horn, Elizabeth)
January 25, 2018 Opinion or Order Filing 122 MOTION to Compel Discovery by Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 2/21/2018. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Paul, Matthew) Modified on 1/26/2018 (clc). (Additional attachment(s) added on 2/1/2018: #3 Exhibit 1) (ajn).
January 25, 2018 Opinion or Order Filing 121 ORDER Setting Oral Argument. Oral Argument on Plaintiff's #118 MOTION to Compel will be held on Wednesday, 2/7/2018 at 11:00 AM before Magistrate Judge Janis van Meerveld. Signed by Magistrate Judge Janis van Meerveld on 1/25/2018.(ajn)
January 24, 2018 Opinion or Order Filing 120 Request/Statement of Oral Argument by Administrators of the Tulane Educational Fund, James E Zadina regarding #118 MOTION to Compel (Olson, Arne)
January 24, 2018 Opinion or Order Filing 119 Correction of Docket Entry by Clerk re #118 MOTION to Compel . **The filing attorney incorrectly incorporated a Request/Statement for Oral Argument within this motion instead of filing it as a separate entry. If Oral Argument is desired a separate Request/Statement for Oral Argument must be file in the record.** (clc)
January 23, 2018 Opinion or Order Filing 118 MOTION to Compel by Administrators of the Tulane Educational Fund. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 2/7/2018. (Attachments: #1 Memorandum in Support, #2 Index of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Notice of Submission, #18 Proposed Order)(Olson, Arne) Modified on 1/24/2018 (clc).
January 18, 2018 Opinion or Order Filing 117 ORDER granting #116 Motion to Enroll Elizabeth Swingle Horn and Matthew J. Paul as Counsel of Record Cytogel Pharma, LLC. Signed by Judge Susie Morgan on 1/16/2018. (clc)
January 15, 2018 Opinion or Order Filing 116 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Elizabeth S. Horn and Matthew J. Paul by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Dossier, Eva)
November 9, 2017 Opinion or Order Filing 115 PROTECTIVE ORDER. Signed by Magistrate Judge Janis van Meerveld on 11/9/2017. (ajn)
November 8, 2017 Opinion or Order Filing 114 Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Telephone Status Conference was held on 11/8/2017. (ajn)
November 8, 2017 Opinion or Order Filing 113 EXPARTE/CONSENT Joint MOTION for Protective Order by Administrators of the Tulane Educational Fund, United States of America, James E Zadina, Cytogel Pharma, LLC. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Agreed to Proposed Protective Order)(Olson, Arne) Modified text to add joint filer on 11/9/2017 (clc).
November 1, 2017 Opinion or Order Filing 112 ORDER AND REASONS re #102 MOTION for Protective Order is GRANTED in part and DENIED in part. The Parties shall submit by Exparte Motion a new proposed Protective Order in accordance with the Court's ruling herein, within 7 days. Signed by Magistrate Judge Janis van Meerveld on 11/1/2017.(ajn)
November 1, 2017 Opinion or Order Filing 111 Minute Entry for proceedings held before Judge Susie Morgan: Telephone Status Conference held on 11/1/2017. (clc)
October 31, 2017 Opinion or Order Filing 110 REPLY MEMORANDUM in Support filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina re #102 MOTION for Protective Order. (ajn)
October 31, 2017 Opinion or Order Filing 109 ORDER granting #107 Motion for Leave to File Reply. Signed by Magistrate Judge Janis van Meerveld on 10/31/2017. (ajn)
October 31, 2017 Opinion or Order Filing 108 Correction of Docket Entry by Clerk re #107 MOTION for Leave to File Reply In Support of Docket Entry 102. ** Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action.** (clc)
October 30, 2017 Opinion or Order Filing 107 EXPARTE/CONSENT MOTION for Leave to File Reply In Support of Docket Entry 102 by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Pleading- Reply Memorandum, #2 Proposed Order)(Olson, Arne) Modified on 10/31/2017 (clc).
October 27, 2017 Opinion or Order Filing 106 ORDER SETTING ORAL ARGUMENT #102 MOTION for Protective Order. Oral Argument will be held on 11/1/2017 at 1:00 PM before Magistrate Judge Janis van Meerveld. Signed by Magistrate Judge Janis van Meerveld on 10/27/2017.(ajn)
October 27, 2017 Opinion or Order Filing 105 Request/Statement of Oral Argument by Administrators of the Tulane Educational Fund, United States of America, James E Zadina regarding #102 MOTION for Protective Order (Olson, Arne)
October 24, 2017 Opinion or Order Filing 104 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #102 MOTION for Protective Order . (Dossier, Eva)
October 17, 2017 Opinion or Order Filing 103 Correction of Docket Entry by Clerk re #102 MOTION for Protective Order .**Attachment has duplicate description. For attachments, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action.** (clc)
October 17, 2017 Opinion or Order Filing 102 MOTION for Protective Order by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 11/1/2017. (Attachments: #1 Memorandum in Support , #2Exhibit A- Proposed Protective Order, #3 Exhibit B- Cytogel Redlined Protective Order, #4 Notice of Submission, #5 Proposed Order )(Olson, Arne) Modified on 10/18/2017 (clc).
August 11, 2017 Opinion or Order Filing 101 Minute Entry for proceedings held before Judge Susie Morgan: Telephone Status Conference held on 8/11/2017. Counsel for Cytogel informed the Court that it has amended its Rule 26 disclosures once and will re-amend its disclosures by Wednesday, August 23, 2017. Plaintiffs will have the right to timely object to Cytogel's disclosures after that time. (bwn)
August 2, 2017 Opinion or Order Filing 100 SCHEDULING ORDER:Status Conference set for 8/11/2017 10:00 AM before Judge Susie Morgan. Status Conference set for 11/1/2017 10:00 AM before Judge Susie Morgan. Final Pretrial Conference set for 11/7/2018 10:00 AM before Judge Susie Morgan. 7-10 day Jury Trial set for 12/3/2018 09:00 AM before Judge Susie Morgan. All discovery must be completed by 5/25/2018. Signed by Judge Susie Morgan on 8/2/2017.(clc) (Additional attachment(s) added on 8/2/2017: #1 Pre-Trial Notice) (clc).
July 31, 2017 Opinion or Order Filing 99 Minute Entry for proceedings held before Judge Susie Morgan: Status Conference held on 7/31/2017. (clc)
July 28, 2017 Opinion or Order Filing 98 Joint Proposed Scheduling Order by all Parties in compliance with the Court's #97 Minute Entry. (Olson, Arne) Modified text on 7/31/2017 (clc).
July 14, 2017 Opinion or Order Filing 97 Minute Entry for proceedings held before Judge Susie Morgan: Preliminary Conference held on 7/14/2017. A telephone Status Conference will be held for 7/31/2017 12:00 PM before Judge Susie Morgan. The Court will provide the parties with call-in instructions on a later date. (clc)
June 15, 2017 Opinion or Order Filing 96 REPLY to Response to Motion filed by Cytogel Pharma, LLC re #76 MOTION to Dismiss for Lack of Jurisdiction Counts 10, 11 and 13 of Cytogel's Amended Counterclaims, #75 MOTION to Dismiss Defendant's First Amended Counterclaims Pursuant to Rule 12(b)(6) and Rule 12(b)(1), #74 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's First Amended Counterclaims for Failing to Bring Them Within the Prescription Period. (clc)
June 15, 2017 Opinion or Order Filing 95 ORDER granting #94 Motion for Leave to File Sur-reply. Signed by Judge Susie Morgan on 6/15/2017. (clc)
June 13, 2017 Opinion or Order Filing 94 EXPARTE/CONSENT MOTION for Leave to File SURREPLY MEMORANDUM by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading Surreply Memo in Opposition to Rec Docs 74-76)(Dossier, Eva)
June 7, 2017 Opinion or Order Filing 93 REPLY to Response to Motion filed by United States of America re #76 MOTION to Dismiss for Lack of Jurisdiction Counts 10, 11 and 13 of Cytogel's Amended Counterclaims. (clc) Modified on 7/14/2017 to edit filer (bwn).
June 7, 2017 Opinion or Order Filing 92 ORDER granting #86 Motion for Leave to File Reply re #76 MOTION to Dismiss for Lack of Jurisdiction Counts 10, 11 and 13 of Cytogel's Amended Counterclaims. Signed by Judge Susie Morgan on 6/7/2017. (clc)
June 7, 2017 Opinion or Order Filing 91 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund, James E Zadina, and United States of America re #75 MOTION to Dismiss Defendant's First Amended Counterclaims Pursuant to Rule 12(b)(6) and Rule 12(b)(1). (clc) Modified on 7/14/2017 to edit filers (bwn).
June 7, 2017 Opinion or Order Filing 90 ORDER granting #85 Motion for Leave to File Reply re #75 MOTION to Dismiss Defendant's First Amended Counterclaims Pursuant to Rule 12(b)(6) and Rule 12(b)(1). Signed by Judge Susie Morgan on 6/7/2017. (clc)
June 7, 2017 Opinion or Order Filing 89 REPLY to Response to Motion filed by Administrators of the Tulane Educational Fund and James E Zadina re #74 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's First Amended Counterclaims for Failing to Bring Them Within the Prescription Period. (clc) Modified on 7/14/2017 to edit filers (bwn).
June 7, 2017 Opinion or Order Filing 88 ORDER granting #84 Motion for Leave to File Reply re #74 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's First Amended Counterclaims. Signed by Judge Susie Morgan on 6/7/2017. (clc)
June 7, 2017 Opinion or Order Filing 87 Correction of Docket Entry by Clerk re #84 MOTION for Leave to File, #85 Motion for Leave to File, #86 Motion for Leave to File. **Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action. In addition, the title of the attached proposed order should not include the word Proposed but only reflect Order on the actual document.** (clc)
June 6, 2017 Opinion or Order Filing 86 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum In Support of Doc. 76 (Government Rule 12 Motion) by United States of America. (Attachments: #1 Proposed Pleading, #2 Proposed Order )(Brown, Walter) Modified text on 6/7/2017 (clc).
June 6, 2017 Opinion or Order Filing 85 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Doc. 75 by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Olson, Arne) Modified text on 6/7/2017 (clc).
June 6, 2017 Opinion or Order Filing 84 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Doc. 74 by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Olson, Arne) Modified text on 6/7/2017 (clc).
May 24, 2017 Opinion or Order Filing 83 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #75 MOTION to Dismiss Defendant's First Amended Counterclaims Pursuant to Rule 12(b)(6) and Rule 12(b)(1). (clc)
May 24, 2017 Opinion or Order Filing 82 ORDERED that the #80 Motion for Leave to File Excess Pages is GRANTED and that Cytogel Pharma, LLC's opposition memorandum be filed in the record. FURTHER ORDERED that James E. Zadina, the United States, and the Administrators of the Tulane Educational Fund may file a reply memorandum of up to 17 pages in length relative to #75 MOTION to Dismiss Defendant's First Amended Counterclaims. Signed by Judge Susie Morgan on 5/24/2017. (clc)
May 23, 2017 Opinion or Order Filing 81 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #76 MOTION to Dismiss for Lack of Jurisdiction Counts 10, 11 and 13 of Cytogel's Amended Counterclaims . (Dossier, Eva)
May 23, 2017 Opinion or Order Filing 80 EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading (Dossier, Eva) Modified text on 5/24/2017 (clc).
May 23, 2017 Opinion or Order Filing 79 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #74 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's First Amended Counterclaims for Failing to Bring Them Within the Prescription Period . (Dossier, Eva)
May 8, 2017 Opinion or Order Filing 78 ORDER granting #77 MOTION for Extension of Deadlines . ORDERED that the submission date on the three #74 , #75 , #76 Motions to Dismiss currently set for submission on May 17, 2017 is continued to June 14, 2017, at 10:00 a.m. FURTHER ORDERED that the deadline for Cytogel's Oppositions is May 23, 2017, and the deadline for all Replies is June 6, 2017. Signed by Judge Susie Morgan on 5/8/2017.(clc)
May 5, 2017 Opinion or Order Filing 77 EXPARTE/CONSENT MOTION for Extension of Deadlines by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Dossier, Eva)
May 2, 2017 Opinion or Order Filing 76 MOTION to Dismiss for Lack of Jurisdiction Counts 10, 11 and 13 of Cytogel's Amended Counterclaims by United States of America. Motion(s) will be submitted on 5/17/2017. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Brown, Walter)
May 2, 2017 Opinion or Order Filing 75 MOTION to Dismiss Defendant's First Amended Counterclaims Pursuant to Rule 12(b)(6) and Rule 12(b)(1) by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. Motion(s) will be submitted on 5/17/2017. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Olson, Arne)
May 2, 2017 Opinion or Order Filing 74 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's First Amended Counterclaims for Failing to Bring Them Within the Prescription Period by Administrators of the Tulane Educational Fund, James E Zadina. Motion(s) will be submitted on 5/17/2017. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Olson, Arne)
April 27, 2017 Opinion or Order Filing 73 ORDER: Preliminary Conference set for 7/14/2017 11:30 AM. Signed by Judge Susie Morgan on 4/27/2017.(clc)
April 24, 2017 Opinion or Order Filing 72 ORDER granting #71 MOTION for Extension of Deadline to Respond as to Administrators of the Tulane Educational Fund answer ; United States of America answer due; James E Zadina answer due 5/2/2017. Signed by Judge Susie Morgan on 4/24/2017. (clc)
April 21, 2017 Opinion or Order Filing 71 EXPARTE/CONSENT MOTION for Extension of Deadline to Respond by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Proposed Order)(Olson, Arne) Modified text on 4/24/2017 (clc).
April 13, 2017 Opinion or Order Filing 70 ORDER dismissing as moot #32 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's Counterclaims for Failing to Bring Them Within the Prescription Period. The Government and Tulane are free to re-urge their motion in a timely fashion. Signed by Judge Susie Morgan on 4/13/2017. (clc)
April 13, 2017 Opinion or Order Filing 69 ORDER dismissing as moot #31 MOTION to Dismiss Counts 2-3 and 8-13 of Defendant's Counterclaims. The Government is free to re-urge its motion in a timely fashion. Signed by Judge Susie Morgan on 4/13/2017. (clc)
April 11, 2017 Opinion or Order Filing 68 Amended COUNTERCLAIM against Administrators of the Tulane Educational Fund, United States of America, James E Zadina filed by Cytogel Pharma, LLC.(Dossier, Eva)
March 28, 2017 Opinion or Order Filing 67 ORDER AND REASONS granting #60 MOTION for Reconsideration of #59 Order granting #31 MOTION to Dismiss Counts 2-3 and 8-13 of Defendant's Counterclaims, deferring ruling on #32 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's Counterclaims, granting #34 MOTION to Dismiss Defendant's Counterclaims Pursuant to Rule 12(b)(6) or, in the Alternative, for a More Definite Statement Under 12(e) as further explained herein. Signed by Judge Susie Morgan on 3/27/2017.(clc)
March 8, 2017 Opinion or Order Filing 66 REPLY to Response to Motion filed by Cytogel Pharma, LLC re #60 MOTION for Reconsideration re #59 Order on Motion to Dismiss. (cg)
March 8, 2017 Opinion or Order Filing 65 ORDER granting #64 Motion for Leave to File Reply Memorandum in Support of its Motion for Reconsideration. Signed by Judge Susie Morgan on 3/8/2017. (cg)
March 7, 2017 Opinion or Order Filing 64 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of its Motion for Reconsideration by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Reuter, Bryan)
March 3, 2017 Opinion or Order Filing 63 RESPONSE/MEMORANDUM in Opposition filed by United States of America re #60 MOTION for Reconsideration re #59 Order on Motion to Dismiss . (Brown, Walter)
March 1, 2017 Opinion or Order Filing 62 ORDER granting #61 Motion for Extension of Time to File Response/Reply and that the United States' memorandum in opposition will be due on March 3, 2017. Defendant's reply brief will be due on March 7, 2017. Signed by Judge Susie Morgan on 3/1/2017. (cg)
February 28, 2017 Opinion or Order Filing 61 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #60 MOTION for Reconsideration re #59 Order on Motion to Dismiss by United States of America. (Attachments: #1 Proposed Order)(Brown, Walter)
February 21, 2017 Opinion or Order Filing 60 MOTION for Reconsideration re #59 Order on Motion to Dismiss by Cytogel Pharma, LLC. Motion(s) will be submitted on 3/8/2017. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Reuter, Bryan) Modified on 2/21/2017 (cg).
February 6, 2017 Opinion or Order Filing 59 *VACATED IN PART- See Rec. Doc. #67** ORDER AND REASONS granting #31 Motion to Dismiss Counts 2-3 and 8-13 of Defendant's Counterclaims. Accordingly; IT IS ORDERED that the Government's 12(b)(1) motion with respect to Counterclaims 2, 3 and 8 to 15 against the Government is GRANTED. Counterclaims 2,3 and 8 to 15 against the Government are hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge Susie Morgan on 2/6/2017. (cg) Modified on 3/28/2017 (clc).
December 23, 2016 Opinion or Order Filing 58 REPLY Memorandum in Support to #31 MOTION to Dismiss Counts 2-3 and 8-13 of Defendant's Counterclaimsfiled by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (cg)
December 23, 2016 Opinion or Order Filing 57 ORDER granting #52 Motion for Leave to File Reply in Support of the Motion bythe United States to Dismiss Counts II, III, VIII, IX, X, XI, XII, and XIII of Defendant's Counterclaims. Signed by Judge Susie Morgan on 12/23/2016. (cg) (Main Document 57 replaced to remove 'proposed' from title on 12/27/2016) (tsf).
December 23, 2016 Opinion or Order Filing 56 REPLY Memorandum in Support to Motion re #32 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's Counterclaims for Failing to Bring Them Within the Prescription Period filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (cg)
December 23, 2016 Opinion or Order Filing 55 ORDER granting #51 Motion for Leave to File Reply in Support of the Motion Bythe Administrators of the Tulane Educational Fund and Dr. James E. Zadina to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's Counterclaims for Failing to Bring them Within the Prescription Period. Signed by Judge Susie Morgan on 12/23/2016. (cg) (Main Document 55 replaced to remove 'proposed' from title on 12/27/2016) (tsf).
December 23, 2016 Opinion or Order Filing 54 REPLY Memorandum in Support to Motion re #34 MOTION to Dismiss Defendant's Counterclaims Pursuant to Rule 12(b)(6) or, in the Alternative, for a More Definite Statement Under 12(e) filed by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (cg)
December 23, 2016 Opinion or Order Filing 53 ORDER granting #50 Motion for Leave to File Reply in Support of the Motion ofthe Administrators of the Tulane Educational Fund and Dr. Zadina. Signed by Judge Susie Morgan on 12/23/2016. (cg) (Main Document 53 replaced to remove 'proposed' from title on 12/27/2016) (tsf).
December 22, 2016 Opinion or Order Filing 52 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Doc. 31 by United States of America. (Attachments: #1Proposed Pleading, #2 Proposed Order (Brown, Walter) Modified on 12/23/2016 (cg).
December 22, 2016 Opinion or Order Filing 51 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Doc. 32 by Administrators of the Tulane Educational Fund, James E Zadina. (Attachments: #1 Proposed Pleading #2 Proposed Order)(Olson, Arne) Modified on 12/22/2016 (cg).
December 22, 2016 Opinion or Order Filing 50 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Doc. 34 by Administrators of the Tulane Educational Fund, United States of America, James E Zadina. (Attachments: #1 Proposed Pleading #2 Proposed Order)(Olson, Arne) Modified on 12/22/2016 (cg).
December 13, 2016 Opinion or Order Filing 49 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #34 MOTION to Dismiss Defendant's Counterclaims Pursuant to Rule 12(b)(6) or, in the Alternative, for a More Definite Statement Under 12(e). (cg)
December 13, 2016 Opinion or Order Filing 48 ORDER granting #45 Motion for Leave to File 30 Page Opposition Memorandum. IT IS FURTHER ORDERED that James E. Zadina, the United States, and the Administrators of the Tulane Educational Fund may file a reply memorandum of up to 15 pages in length relative to R. Doc. 34 Signed by Judge Susie Morgan on 12/13/2016. (cg)
December 9, 2016 Opinion or Order Filing 47 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #32 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's Counterclaims for Failing to Bring Them Within the Prescription Period . (Dossier, Eva)
December 9, 2016 Opinion or Order Filing 46 RESPONSE/MEMORANDUM in Opposition filed by Cytogel Pharma, LLC re #31 MOTION to Dismiss Counts 2-3 and 8-13 of Defendant's Counterclaims . (Dossier, Eva)
December 9, 2016 Opinion or Order Filing 45 EXPARTE/CONSENT MOTION for Leave to File Excess Pages of opposition memorandum relative to R. Doc. 34 by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Dossier, Eva)
December 5, 2016 Opinion or Order Filing 44 ORDER regarding #40 Motion for Leave to File Excess Pages and #41 Motion to Expedite. IT IS ORDERED that Counterclaim Plaintiff's motion for leave to file a single opposition memorandum is DENIED. IT IS FURTHER ORDERED that Counterclaim Plaintiff's motion to expedite is DENIED AS MOOT. Signed by Judge Susie Morgan on 12/5/2016. (cg)
December 5, 2016 Opinion or Order Filing 43 RESPONSE in Opposition to #40 MOTION for Leave to File Excess Pages filed by United States of America. (Brown, Walter)
December 5, 2016 Opinion or Order Filing 42 RESPONSE in Opposition to #40 MOTION for Leave to File Excess Pages filed by Administrators of the Tulane Educational Fund, James E Zadina . (Olson, Arne)
December 2, 2016 Opinion or Order Filing 41 EXPARTE/CONSENT MOTION to Expedite Motion to Leave to File Excess Pages by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Dossier, Eva) Modified on 12/5/2016 (cg).
December 2, 2016 Opinion or Order Filing 40 MOTION for Leave to File Excess Pages by Cytogel Pharma, LLC. Motion(s) will be submitted on 12/28/2016. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Dossier, Eva)
November 16, 2016 Opinion or Order Filing 39 ORDER granting #37 Motion to change the designated Trial Attorney. IT IS ORDERED that said motion is GRANTED, and that the designation of Trial Attorney for said parties in the above-captioned matter is hereby transferred from Raymond G. Areaux to Arne M. Olson. Signed by Judge Susie Morgan on 11/16/2016. (cg)
November 16, 2016 Opinion or Order Filing 38 ORDER granting #36 Motion for Extension of Time to File Response/Reply. IT IS HEREBY ORDERED that the hearing date on the three motions currently set for submission on November 30, 2016 (see R. Doc. 31, 32, and 34) (the Motions), is reset to the 28th day of December, 2016. Further, this Court enters the following briefing schedule: Any opposition memoranda to the Motions shall be filed on or before December 9, 2016. Any reply memoranda to the Motions shall be filed on or before December 22, 2016. The Motions shall have a submitted hearing date of December 28, 2016. Signed by Judge Susie Morgan on 11/16/2016. (cg)
November 15, 2016 Opinion or Order Filing 37 EXPARTE/CONSENT MOTION to Change Trial Attorney Designation by Administrators of the Tulane Educational Fund, James E. Zadina. (Attachments: #1 Proposed Order)(Barras, Ian) Modified on 11/21/2016 (cg).
November 14, 2016 Opinion or Order Filing 36 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #34 MOTION to Dismiss Defendant's Counterclaims Pursuant to Rule 12(b)(6) or, in the Alternative, for a More Definite Statement Under 12(e), #31 MOTION to Dismiss Counts 2-3 and 8-13 of Defendant's Counterclaims, #32 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's Counterclaims for Failing to Bring Them Within the Prescription Period by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order)(Dossier, Eva)
November 8, 2016 Opinion or Order Filing 35 ORDER granting #33 Motion for Leave to File Under Seal Exhibit 1. Signed by Judge Susie Morgan on 11/8/2016. (cg)
November 7, 2016 Opinion or Order Filing 34 MOTION to Dismiss Defendant's Counterclaims Pursuant to Rule 12(b)(6) or, in the Alternative, for a More Definite Statement Under 12(e) by Administrators of the Tulane Educational Fund, United States of America, James E. Zadina. Motion(s) will be submitted on 11/30/2016. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Notice of Submission, #4 Proposed Order)(Olson, Arne) (Additional attachment(s) added on 11/8/2016: #5 Exhibit) (cg).
November 7, 2016 Opinion or Order Filing 33 EXPARTE/CONSENT MOTION for Leave to File Under Seal Exhibit 1 in Support of Memorandum Of The Administrators Of The Tulane Educational Fund And Dr. Zadina, In Which The United States Joins, To Dismiss Defendant's Counterclaims Pursuant To Rule 12(b)(6) or, in The Alternative, For a More Definite Statement Under 12(e) by Administrators of the Tulane Educational Fund. (Attachments: #1 Memorandum in Support, #2 Notice of Request to Seal, #3 Proposed Order)(Olson, Arne)
November 7, 2016 Opinion or Order Filing 32 MOTION to Dismiss Counts 8, 10, 11, 12, and 13 of Defendant's Counterclaims for Failing to Bring Them Within the Prescription Period by Administrators of the Tulane Educational Fund, James E. Zadina. Motion(s) will be submitted on 11/30/2016. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)Attorney Arne M. Olson added to party James E. Zadina(pty:cd).(Olson, Arne)
November 7, 2016 Opinion or Order Filing 31 MOTION to Dismiss Counts 2-3 and 8-13 of Defendant's Counterclaims by United States of America. Motion(s) will be submitted on 11/30/2016. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Proposed Order)(Brown, Walter)
October 26, 2016 Opinion or Order Filing 30 Statement of Corporate Disclosure by Administrators of the Tulane Educational Fund (Barras, Ian)
October 18, 2016 Opinion or Order Filing 29 Application for Refund of Electronic Fees filed by Cytogel Pharma, LLC for the following reason: Duplicate Charge;. (Dossier, Eva)
October 7, 2016 Opinion or Order Filing 28 ORDER granting #26 Motion for Extension of Time to Answer re #26 MOTION for Extension of Time to Answer or Otherwise Respond as to Administrators of the Tulane Educational Fund answer due 11/7/2016.. Signed by Judge Susie Morgan on 10/7/16. (cg)
September 22, 2016 Opinion or Order Filing 27 WAIVER OF SERVICE Returned Executed; waiver sent to James E. Zadina on 9/7/2016, answer due 11/7/2016. (Dossier, Eva)
September 22, 2016 Opinion or Order Filing 26 EXPARTE/CONSENT MOTION for Extension of Time to Answer or Otherwise Respond by Administrators of the Tulane Educational Fund. (Attachments: #1 Proposed Order)(Barras, Ian)
September 20, 2016 Opinion or Order Filing 25 ORDER granting #18 Motion to Appear Pro Hac Vice. IT IS ORDERED that the motion is GRANTED and that Katherine M. Wyman, Esq., be and hereby is admitted pro hac vice as co-counsel of record for Cytogel Pharma, LLC. Signed by Judge Susie Morgan on 9/20/16. (cg) (Additional attachment(s) added on 2/9/2017: #1 Pro Hac Letter) (cg).
September 20, 2016 Opinion or Order Filing 24 ORDER granting #17 Motion to Appear Pro Hac Vice. IT IS ORDERED that the motion is GRANTED and that Joseph J. Gribbin, Esq., be and hereby is admitted pro hac vice as co-counsel of record for Cytogel Pharma, LLC. Signed by Judge Susie Morgan on 9/20/16. (cg) (Additional attachment(s) added on 2/9/2017: #1 Pro Hac Letter) (cg).
September 20, 2016 Opinion or Order Filing 23 ORDER granting #16 Motion to Appear Pro Hac Vice. IT IS ORDERED that the motion is GRANTED and that Jonathan D. Loeb, Esq., be and hereby is admitted pro hac vice as co-counsel of record for Cytogel Pharma, LLC. Signed by Judge Susie Morgan on 9/20/16. (cg) (Additional attachment(s) added on 2/9/2017: #1 Pro Hac Letter) (cg).
September 20, 2016 Opinion or Order Filing 22 ORDER granting #15 Motion to Appear Pro Hac Vice. IT IS ORDERED that the motion is GRANTED and that George G. Gordon, Esq., be and hereby is admitted pro hac vice as co-counsel of record for Cytogel Pharma, LLC. Signed by Judge Susie Morgan on 9/20/16. (cg) (Additional attachment(s) added on 2/9/2017: #1 Pro Hac Letter) (cg).
September 19, 2016 Opinion or Order Filing 21 ORDER granting #14 Motion to Appear Pro Hac Vice as to Matthew L. DePreter. Signed by Judge Susie Morgan on 9/19/16. (cg) (Additional attachment(s) added on 2/9/2017: #1 Pro Hac Letter) (cg).
September 19, 2016 Opinion or Order Filing 20 ORDER granting #13 Motion to Appear Pro Hac Vice as to Alissa A. Digman. Signed by Judge Susie Morgan on 9/19/16. (cg) (Additional attachment(s) added on 2/9/2017: #1 Pro Hac Letter) (cg).
September 19, 2016 Opinion or Order Filing 19 ORDER granting #12 Motion to Appear Pro Hac Vice as to Arne M. Olsen.. Signed by Judge Susie Morgan on 9/19/16. (cg) (Additional attachment(s) added on 2/9/2017: #1 Pro Hac Letter) (cg).
September 16, 2016 Opinion or Order Filing 18 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-5707131) by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Affidavit, #4 ECF Registration Form)(Dossier, Eva)
September 16, 2016 Opinion or Order Filing 17 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-5707130) by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Affidavit, #4 ECF Registration Form)(Dossier, Eva)
September 16, 2016 Opinion or Order Filing 16 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-5707126) by Cytogel Pharma, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Affidavit, #4 ECF Registration Form)(Dossier, Eva)
September 16, 2016 Opinion or Order Filing 15 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-5707112) by Cytogel Pharma, LLC. (Attachments: #1 Certificate of Good Standing, #2 Affidavit, #3 ECF Registration Form)(Dossier, Eva)
September 15, 2016 Opinion or Order Filing 14 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-5706713) by Administrators of the Tulane Educational Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Barras, Ian)
September 15, 2016 Opinion or Order Filing 13 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-5706705) by Administrators of the Tulane Educational Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Barras, Ian)
September 15, 2016 Opinion or Order Filing 12 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-5706624) by Administrators of the Tulane Educational Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Barras, Ian)
September 14, 2016 Opinion or Order Filing 11 ORDER granting #10 Motion to Appear for Attorney Ian Charles Barras for Administrators of the Tulane Educational Fund.. Signed by Judge Susie Morgan on 9/14/16. (cg)
September 12, 2016 Opinion or Order Filing 10 EXPARTE/CONSENT MOTION to Appear as Counsel of Record by Administrators of the Tulane Educational Fund. (Attachments: #1 Proposed Order)(Barras, Ian)
September 9, 2016 Opinion or Order Filing 9 **Deficient** NOTICE of Appearance by Ian Charles Barras on behalf of Administrators of the Tulane Educational Fund. Attorney Ian Charles Barras added to party Administrators of the Tulane Educational Fund(pty:pla).(Barras, Ian) Modified on 9/12/2016 (cg).
September 8, 2016 Opinion or Order Filing 8 Summons Issued as to James E. Zadina. (bwn)
September 7, 2016 Opinion or Order Filing 7 Statement of Corporate Disclosure by Cytogel Pharma, LLC (Dossier, Eva)
September 7, 2016 Opinion or Order Filing 6 ANSWER to #1 Complaint, , COUNTERCLAIM against Administrators of the Tulane Educational Fund, United States of America, James E. Zadina by Cytogel Pharma, LLC. (Attachments: #1 Summons)Attorney Eva J. Dossier added to party Cytogel Pharma, LLC(pty:dft).(Dossier, Eva)
September 7, 2016 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed; waiver sent to Cytogel Pharma, LLC on 8/29/16, answer due 10/28/2016 (Brown, Walter) Modified on 9/7/2016 (cg).
August 23, 2016 Opinion or Order Filing 4 Summons Issued as to All Defendants. (cg)
August 23, 2016 Opinion or Order Filing 3 AO 120 Report Regarding Patent & Trademark (cg)
August 23, 2016 Opinion or Order Filing 2 Initial Case Assignment to Judge Susie Morgan and Magistrate Judge Janis van Meerveld. (djg)
August 19, 2016 Opinion or Order Filing 1 COMPLAINT against Cytogel Pharma, LLC (Filed on behalf of USA - Filing Fee not required) filed by United States. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)Attorney Walter W. Brown added to party United States(pty:pla).(Brown, Walter) (Attachment 1 replaced on 8/23/2016) (cg). (Attachment 2 replaced on 8/23/2016) (cg). Modified to fix party text on 3/2/2017 (cg).

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Search for this case: United States, et al v. Cytogel Pharma, LLC
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Plaintiff: The Administrators of the Tulane Educational Fund
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Plaintiff: United States
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Plaintiff: Administrators of the Tulane Educational Fund
Represented By: Arne M. Olson
Represented By: Alissa Ann Digman
Represented By: Ian Charles Barras
Represented By: Joseph Matthew Miller, III
Represented By: Matthew L. DePreter
Represented By: Raymond Gerard Areaux
Represented By: Regina Marie Rodriguez
Represented By: Shawn E. Duckworth
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Plaintiff: United States of America
Represented By: Walter W. Brown
Represented By: Alex Hanna
Represented By: Philip Charles Sternhell
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Defendant: Cytogel Pharma, LLC
Represented By: Stephen J. Herman
Represented By: Bryan C. Reuter
Represented By: Charles Murray King
Represented By: Christian Stephen Durel Chaney
Represented By: Elizabeth Swingle Horn
Represented By: Eva J. Dossier
Represented By: George Gabriel Gordon
Represented By: John Spencer Creevy
Represented By: Jonathan D. Loeb
Represented By: Joseph Edward Cain
Represented By: Joseph Gribbin
Represented By: Katherine Maeve Wyman
Represented By: Matthew J. Paul
Represented By: Richard C. Stanley
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Counter defendant: James E Zadina
Represented By: Arne M. Olson
Represented By: Alissa Ann Digman
Represented By: Ian Charles Barras
Represented By: Joseph Matthew Miller, III
Represented By: Matthew L. DePreter
Represented By: Raymond Gerard Areaux
Represented By: Regina Marie Rodriguez
Represented By: Shawn E. Duckworth
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