ACOVA, Inc. et al v. Fifth Third Bank
Plaintiff: Upsher-Smith Laboratories, Inc., Upsher-Smith Laboratories, LLC and ACOVA, Inc.
Defendant: Fifth Third Bank
Case Number: 0:2016cv00556
Filed: March 3, 2016
Court: US District Court for the District of Minnesota
Office: DMN Office
County: Hennepin
Presiding Judge: Hildy Bowbeer
Referring Judge: Janie S Mayeron
2 Judge: John R Tunheim
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 29, 2019 Opinion or Order Filing 533 JUDGMENT (Attachments: #1 Civil Notice - appeal)(CLK)
July 26, 2019 Opinion or Order Filing 532 ORDER DISMISSING CASE. Signed by Chief Judge John R. Tunheim on 7/26/2019. (HAZ)
July 17, 2019 Opinion or Order Filing 531 PROPOSED ORDER TO JUDGE re #530 Stipulation of Dismissal. (Gullickson, Randy)
July 17, 2019 Opinion or Order Filing 530 STIPULATION of Dismissal with Prejudice by ACOVA, Inc., Upsher-Smith Laboratories, LLC. Jointly Signed by Fifth Third Bank. (Gullickson, Randy)
July 2, 2019 Opinion or Order Filing 529 ORDER granting #446 Joint Motion Regarding Continued Sealing. Permanent Sealing GRANTED for Document Number(s): 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234, 236, 237, 238, 239, 240, 242, 243, 245, 246, 247, 249, 250, 251, 252, 253, 254, 255, 256, 258, 261, 262, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 280, 283, 288, 292, 293, 295, 296, 297, 298, 299, 300, 301, 302, 304, 306, 307, 309, 310, 312, 313, 314, 315, 316, 317, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 330, 331, 334, 335, 336, 337, 338, 340, 341, 342, 343, 344, 352, 354, 355, 366, 368, 369, 370, 371, 372, 374, 376, 378, 380, 382, 384, 385, 387, 389, 391, 392, 393, 395, 397, 398, 404, 407, 413, 414, 415, 416, 418, 419, 420, 421, 430, 431, 432, 436, 439.Document Number(s) to be UNSEALED: 211, 241, 244, 248, 260, 263, 286, 287, 289, 290, 291, 294, 295, 303, 305, 308, 311, 318, 339, 345, 353, 356, 402, 403, 405, 406, 408, 409, 410, 411, 412, 417. Order on continued sealing becomes final on 7/30/2019 unless further timely submissions are filed. Signed by Magistrate Judge Hildy Bowbeer on 7/2/2019. (JMK)
June 27, 2019 Opinion or Order Filing 528 Minute Entry for Settlement Conference held before Magistrate Judge Hildy Bowbeer on 6/27/2019. Settlement reached. Confidential term sheet signed by the parties. (JMK)
June 18, 2019 Opinion or Order Filing 527 NOTICE of Withdrawal as Attorney and Substitution of Counsel (Fleming, Terrence)
June 3, 2019 Opinion or Order Filing 526 Redacted Document for #524 Sealed Memorandum in Opposition filed by Fifth Third Bank.(Walton, Victor)
June 3, 2019 Opinion or Order Filing 525 DECLARATION of Wesley R. Abrams in Opposition to #504 MOTION in Limine filed by Fifth Third Bank. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10)(Walton, Victor)
June 3, 2019 Opinion or Order Filing 524 SEALED MEMORANDUM in Opposition re #504 MOTION in Limine filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Walton, Victor)
June 3, 2019 Opinion or Order Filing 523 MEMORANDUM in Opposition re #481 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding the Commercial Reasonableness of Any Security Procedure Between the Parties to the Jury, #478 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding FinCEN Advisory FIN-2016-A003, #477 MOTION in Limine to Preclude Upsher's Experts from Opining on Basic Issues of Fact, #479 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Fifth Third's Internal Policies and Procedures, #480 MOTION in Limine to Preclude the Testimony of Undisclosed Witnesses, #475 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Federal-Anti Money Laundering Laws filed by ACOVA, Inc., Upsher-Smith Laboratories, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gullickson, Randy)
June 3, 2019 Opinion or Order Filing 522 SEALED MEMORANDUM in Opposition re #481 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding the Commercial Reasonableness of Any Security Procedure Between the Parties to the Jury, #477 MOTION in Limine to Preclude Upsher's Experts from Opining on Basic Issues of Fact, #479 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Fifth Third's Internal Policies and Procedures, #478 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding FinCEN Advisory FIN-2016-A003, #480 MOTION in Limine to Preclude the Testimony of Undisclosed Witnesses, #475 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Federal-Anti Money Laundering Laws, #476 MOTION in Limine to Preclude Upsher from Offering Cumulative Expert Testimony filed by ACOVA, Inc. and Upsher-Smith Laboratories, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gullickson, Randy)
May 31, 2019 Opinion or Order Filing 521 NOTICE of Withdrawal as Attorney and Substitution of Counsel (Langdon, James)
May 21, 2019 Opinion or Order Filing 520 Redacted Document for #519 Sealed Plaintiffs' Staement of the Case . (Gullickson, Randy)
May 21, 2019 Opinion or Order Filing 519 SEALED Plaintiffs' Statement of the Case by Plaintiffs. (Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 518 List of Deposition Testimony submitted by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 517 List of Deposition Testimony submitted by ACOVA, Inc., Upsher-Smith Laboratories, LLC. (Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 516 Witness List by ACOVA, Inc., Upsher-Smith Laboratories, LLC. (Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 515 Exhibit List by ACOVA, Inc., Upsher-Smith Laboratories, LLC. (Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 514 Proposed Special Verdict Form by ACOVA, Inc., Upsher-Smith Laboratories, LLC. (Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 513 Proposed Jury Instructions submitted by ACOVA, Inc., Upsher-Smith Laboratories, LLC. (Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 512 Exhibit List by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 511 Proposed Voir Dire by ACOVA, Inc., Upsher-Smith Laboratories, LLC. (Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 510 Witness List by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 509 PROPOSED ORDER TO JUDGE re #504 MOTION in Limine filed by ACOVA, Inc., Upsher-Smith Laboratories, LLC.(Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 508 MEET and CONFER STATEMENT re #504 Motion in Limine filed by ACOVA, Inc., Upsher-Smith Laboratories, LLC.(Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 507 Redacted Document for #504 Sealed Plaintiffs' Memorandum in Support of Motions in Limine filed by ACOVA, Inc., Upsher-Smith Laboratories, LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 506 SEALED MEMORANDUM in Support re #504 MOTION in Limine filed by Plaintiffs. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 505 NOTICE OF HEARING ON MOTION #504 MOTION in Limine : Date and time to be determined. (Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 504 MOTION in Limine filed by ACOVA, Inc., Upsher-Smith Laboratories, LLC. (Gullickson, Randy)
May 20, 2019 Opinion or Order Filing 503 Proposed Special Verdict Form by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 502 STATEMENT OF CASE as to Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 501 Proposed Jury Instructions submitted by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 500 Proposed Voir Dire by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 499 PROPOSED ORDER TO JUDGE re #481 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding the Commercial Reasonableness of Any Security Procedure Between the Parties to the Jury filed by Fifth Third Bank.(Walton, Victor)
May 20, 2019 Opinion or Order Filing 498 PROPOSED ORDER TO JUDGE re #480 MOTION in Limine to Preclude the Testimony of Undisclosed Witnesses filed by Fifth Third Bank.(Walton, Victor)
May 20, 2019 Opinion or Order Filing 497 PROPOSED ORDER TO JUDGE re #479 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Fifth Third's Internal Policies and Procedures filed by Fifth Third Bank.(Walton, Victor)
May 20, 2019 Opinion or Order Filing 496 PROPOSED ORDER TO JUDGE re #478 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding FinCEN Advisory FIN-2016-A003 filed by Fifth Third Bank.(Walton, Victor)
May 20, 2019 Opinion or Order Filing 495 PROPOSED ORDER TO JUDGE re #477 MOTION in Limine to Preclude Upsher's Experts from Opining on Basic Issues of Fact filed by Fifth Third Bank.(Walton, Victor)
May 20, 2019 Opinion or Order Filing 494 PROPOSED ORDER TO JUDGE re #476 MOTION in Limine to Preclude Upsher from Offering Cumulative Expert Testimony filed by Fifth Third Bank.(Walton, Victor)
May 20, 2019 Opinion or Order Filing 493 PROPOSED ORDER TO JUDGE re #475 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Federal-Anti Money Laundering Laws filed by Fifth Third Bank.(Walton, Victor)
May 20, 2019 Opinion or Order Filing 492 MEMORANDUM in Support re #481 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding the Commercial Reasonableness of Any Security Procedure Between the Parties to the Jury filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Walton, Victor)
May 20, 2019 Opinion or Order Filing 491 MEMORANDUM in Support re #480 MOTION in Limine to Preclude the Testimony of Undisclosed Witnesses filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Walton, Victor)
May 20, 2019 Opinion or Order Filing 490 MEMORANDUM in Support re #479 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Fifth Third's Internal Policies and Procedures filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Walton, Victor)
May 20, 2019 Opinion or Order Filing 489 MEMORANDUM in Support re #478 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding FinCEN Advisory FIN-2016-A003 filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Walton, Victor)
May 20, 2019 Opinion or Order Filing 488 MEMORANDUM in Support re #477 MOTION in Limine to Preclude Upsher's Experts from Opining on Basic Issues of Fact filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Walton, Victor)
May 20, 2019 Opinion or Order Filing 487 MEMORANDUM in Support re #476 MOTION in Limine to Preclude Upsher from Offering Cumulative Expert Testimony filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Walton, Victor)
May 20, 2019 Opinion or Order Filing 486 MEMORANDUM in Support re #475 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Federal-Anti Money Laundering Laws filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Walton, Victor)
May 20, 2019 Opinion or Order Filing 485 EXHIBIT Exhibit 1 re #478 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding FinCEN Advisory FIN-2016-A003 filed by Fifth Third Bank.(Walton, Victor)
May 20, 2019 Opinion or Order Filing 484 Declaration of Nathan L. Colvin in Support of #480 MOTION in Limine to Preclude the Testimony of Undisclosed Witnesses filed by Fifth Third Bank. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Walton, Victor)
May 20, 2019 Opinion or Order Filing 483 NOTICE OF HEARING ON MOTION #481 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding the Commercial Reasonableness of Any Security Procedure Between the Parties to the Jury, #478 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding FinCEN Advisory FIN-2016-A003, #477 MOTION in Limine to Preclude Upsher's Experts from Opining on Basic Issues of Fact, #479 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Fifth Third's Internal Policies and Procedures, #480 MOTION in Limine to Preclude the Testimony of Undisclosed Witnesses, #475 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Federal-Anti Money Laundering Laws, #476 MOTION in Limine to Preclude Upsher from Offering Cumulative Expert Testimony : Date and time to be determined. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 482 MEET and CONFER STATEMENT re #481 Motion in Limine, #478 Motion in Limine, #477 Motion in Limine, #479 Motion in Limine, #480 Motion in Limine, #475 Motion in Limine, #476 Motion in Limine filed by Fifth Third Bank.(Walton, Victor)
May 20, 2019 Opinion or Order Filing 481 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding the Commercial Reasonableness of Any Security Procedure Between the Parties to the Jury filed by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 480 MOTION in Limine to Preclude the Testimony of Undisclosed Witnesses filed by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 479 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Fifth Third's Internal Policies and Procedures filed by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 478 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding FinCEN Advisory FIN-2016-A003 filed by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 477 MOTION in Limine to Preclude Upsher's Experts from Opining on Basic Issues of Fact filed by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 476 MOTION in Limine to Preclude Upsher from Offering Cumulative Expert Testimony filed by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 475 MOTION in Limine to Preclude Upsher from Offering Evidence Regarding Federal-Anti Money Laundering Laws filed by Fifth Third Bank. (Walton, Victor)
May 20, 2019 Opinion or Order Filing 474 ORDER on #198 Stipulation of Rule 25(c) Joinder: (1) Pursuant to Federal Rule of Civil Procedure 25(c), ACOVA, Inc. shall be joined as a Plaintiff in this action; (2) Upsher-Smith Laboratories, LLC f/k/a Upsher-Smith Laboratories, Inc. shall remain a Plaintiff in this action; and (3) The caption shall be amended to ACOVA, Inc. and Upsher-Smith Laboratories, LLC f/k/a Upsher-Smith Laboratories, Inc. v. Fifth Third Bank. Signed by Magistrate Judge Hildy Bowbeer on 5/20/2019. (JMK)
May 3, 2019 Opinion or Order Filing 473 AMENDED ORDER FOR SETTLEMENT CONFERENCE: A settlement conference will be held on June 27, 2019, beginning at 9:00 a.m., in Courtroom 6B, Warren E. Burger Federal Building and U.S. Courthouse, 316 North Robert Street, St. Paul, Minnesota 55101, before the undersigned United States Magistrate Judge and, with the agreement of the parties, the Honorable Richard Solum (ret.). Signed by Magistrate Judge Hildy Bowbeer on 5/3/2019. (JMK)
April 26, 2019 Opinion or Order Filing 472 ORDER on #470 Stipulation to Amend Pre-Trial Filings Deadlines. Signed by Chief Judge John R. Tunheim on 4/26/2019. (HAZ)
April 23, 2019 Opinion or Order Filing 471 PROPOSED ORDER TO JUDGE re #470 Stipulation. (Walton, Victor)
April 23, 2019 Opinion or Order Filing 470 STIPULATION to Amend Pre-Trial Filings Deadlines by Fifth Third Bank. Jointly signed by Upsher-Smith Laboratories. (Walton, Victor) Modified text on 4/25/2019 (CLK).
April 3, 2019 Opinion or Order Filing 469 (Text-only) ORDER in Response to #463 Letter to District Judge, #466 Letter to District Judge. Defendant Fifth Third Bank's request to file a motion for reconsideration or, in the alternative, to certify for interlocutory appeal is DENIED. Ordered by Chief Judge John R. Tunheim on 4/3/2019. (HAZ)
April 1, 2019 Opinion or Order Filing 468 CORRECTED ORDER setting SETTLEMENT CONFERENCE: Settlement Conference set for 6/27/2019 at 09:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 4/1/2019. (JMK)
April 1, 2019 Opinion or Order Filing 467 LETTER TO MAGISTRATE JUDGE by Upsher-Smith Laboratories, Inc. Hildy Bowbeer. (Ostlund, Richard)
April 1, 2019 Opinion or Order Filing 466 LETTER TO DISTRICT JUDGE by Upsher-Smith Laboratories, Inc. . (Ostlund, Richard)
April 1, 2019 Opinion or Order Filing 465 FILED IN ERROR: REFILED. ORDER setting SETTLEMENT CONFERENCE: Confidential Letter to Court due by 6/21/2019. Settlement Conference set for 6/27/2019 at 09:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer and Judge Rick Solum (ret.). Signed by Magistrate Judge Hildy Bowbeer on 4/1/2019. (JMK) Modified text on 4/3/2019 (kt).
March 29, 2019 Opinion or Order Filing 464 TEXT ONLY ENTRY: ORDER granting #462 Motion for Admission Pro Hac Vice of Attorney Nathaniel Lampley, Jr for Fifth Third Bank. Approved by Magistrate Judge Hildy Bowbeer on 3/29/2019. (JGK)
March 29, 2019 Opinion or Order Filing 463 LETTER TO DISTRICT JUDGE by Fifth Third Bank . (Walton, Victor)
March 28, 2019 Opinion or Order Filing 462 MOTION for Admission Pro Hac Vice for Attorney Nathaniel Lampley, Jr.. Filing fee $ 100, receipt number AMNDC-6767992 filed by Fifth Third Bank. (Bromen, Gregory)
March 28, 2019 Opinion or Order Filing 461 NOTICE of Appearance by Ryan Matthew Lawrence on behalf of Upsher-Smith Laboratories, Inc.. (Lawrence, Ryan)
March 26, 2019 Opinion or Order Filing 460 JURY TRIAL NOTICE Jury Trial set for 5/20/2019 at 09:00 AM in Courtroom 15 (MPLS) before Chief Judge John R. Tunheim. (Attachments: #1 Trial memorandum, #2 Counsel List, #3 LR 39.1, #4 Exhibit & witness list, #5 Exhibit & witness list cont.)(HAZ)
March 22, 2019 Opinion or Order Filing 459 MEMORANDUM OPINION AND ORDER denying #332 Motion to Exclude Expert Testimony; denying #350 Motion to Exclude Expert Testimony; granting in part and denying in part #203 Motion for Summary Judgment; denying #233 Motion to Exclude Expert Testimony; granting in part and denying in part #277 Motion for Summary Judgment. (Written Opinion) Signed by Chief Judge John R. Tunheim on 3/22/2019. (JMK) Order unsealed on 5/28/2019 (HAZ).
December 13, 2018 Opinion or Order Filing 458 Minute Entry for proceedings held before Chief Judge John R. Tunheim: Motion Hearing held on 12/13/2018 re #203 MOTION for Summary Judgment filed by Fifth Third Bank, #233 MOTION to Exclude Expert Testimony filed by Fifth Third Bank, #277 MOTION for Summary Judgment filed by Upsher-Smith Laboratories, Inc., #350 MOTION to Exclude Expert Testimony of Robert Geary filed by Fifth Third Bank, #332 MOTION to Exclude Expert Testimony of Nelson Everhardt filed by Fifth Third Bank. Motions taken under advisement. Written order forthcoming. (Court Reporter Kristine Mousseau) (HAZ)
December 11, 2018 Opinion or Order Filing 457 TEXT ONLY ENTRY: ORDER granting #456 Motion for Admission Pro Hac Vice of Attorney Jeffrey A. Miller for Fifth Third Bank. Approved by Magistrate Judge Hildy Bowbeer on 12/11/2018. (JGK)
December 10, 2018 Opinion or Order Filing 456 MOTION for Admission Pro Hac Vice for Attorney Jeffrey A. Miller. Filing fee $ 100, receipt number AMNDC-6540221 filed by Fifth Third Bank. (Bromen, Gregory)
October 17, 2018 Opinion or Order Filing 455 AMENDED NOTICE of Hearing on Motion: #233 MOTION to Exclude Expert Testimony : Motion Hearing set for 12/13/2018 at 10:00 AM in Courtroom 15 (MPLS) before Chief Judge John R. Tunheim. (Walton, Victor)
October 17, 2018 Opinion or Order Filing 454 AMENDED NOTICE of Hearing on Motion: #332 MOTION to Exclude Expert Testimony of Nelson Everhardt : Motion Hearing set for 12/13/2018 at 10:00 AM in Courtroom 15 (MPLS) before Chief Judge John R. Tunheim. (Walton, Victor)
October 17, 2018 Opinion or Order Filing 453 AMENDED NOTICE of Hearing on Motion: #203 MOTION for Summary Judgment : Motion Hearing set for 12/13/2018 at 10:00 AM in Courtroom 15 (MPLS) before Chief Judge John R. Tunheim. (Walton, Victor)
October 17, 2018 Opinion or Order Filing 452 AMENDED NOTICE of Hearing on Motion: #350 MOTION to Exclude Expert Testimony of Robert Geary : Motion Hearing set for 12/13/2018 at 10:00 AM in Courtroom 15 (MPLS) before Chief Judge John R. Tunheim. (Walton, Victor)
October 16, 2018 Opinion or Order Filing 451 DOCUMENT FILED IN ERROR-WRONG EVENT CODE-WILL REFILE-NOTICE by Fifth Third Bank re #233 MOTION to Exclude Expert Testimony of Michael Doyle (Amended) (Walton, Victor) Modified on 10/17/2018 (AKL).
October 16, 2018 Opinion or Order Filing 450 DOCUMENT FILED IN ERROR-WRONG EVENT CODE-WILL REFILE-NOTICE by Fifth Third Bank re #332 MOTION to Exclude Expert Testimony of Nelson Everhardt (Amended) (Walton, Victor) Modified on 10/17/2018 (AKL).
October 16, 2018 Opinion or Order Filing 449 DOCUMENT FILED IN ERROR-WRONG EVENT CODE-WILL REFILE-NOTICE by Fifth Third Bank re #203 MOTION for Summary Judgment (Amended) (Walton, Victor) Modified on 10/17/2018 (AKL).
October 16, 2018 Opinion or Order Filing 448 DOCUMENT FILED IN ERROR-WRONG EVENT CODE-WILL REFILE-NOTICE by Fifth Third Bank re #350 MOTION to Exclude Expert Testimony of Robert Geary (Amended) (Walton, Victor) Modified on 10/17/2018 (AKL).
October 12, 2018 Opinion or Order Filing 447 AMENDED NOTICE of Hearing on Motion: #277 MOTION for Summary Judgment : Motion Hearing set for 12/13/2018 at 10:00 AM in Courtroom 15 (MPLS) before Chief Judge John R. Tunheim. (Gullickson, Randy)
October 1, 2018 Opinion or Order Filing 446 JOINT MOTION REGARDING CONTINUED SEALING re #273 Exhibit, #224 Exhibit, #299 Exhibit, #207 Exhibit, #336 Exhibit, #326 Exhibit, #265 Exhibit, #209 Exhibit, #234 Exhibit, #372 Exhibit, #414 Exhibit, #338 Exhibit, #370 Exhibit, #255 Exhibit, #308 Exhibit, #323 Exhibit, #319 Exhibit, #222 Exhibit, #248 Exhibit, #296 Exhibit, #300 Exhibit, #272 Exhibit, #226 Exhibit, #376 Memorandum in Opposition to Motion, #335 Exhibit, #283 Exhibit, #398 Exhibit, #415 Exhibit, #353 Declaration in Support, #214 Exhibit, #342 Exhibit, #324 Exhibit, #291 Exhibit, #316 Exhibit, #345 Exhibit, #321 Exhibit, #276 Exhibit, #327 Memorandum in Support of Motion, #292 Exhibit, #236 Exhibit, #432 Reply, #293 Exhibit, #230 Exhibit, #389 Declaration in Opposition, #229 Exhibit, #306 Exhibit, #266 Exhibit, #418 Exhibit, #382 Declaration in Opposition, #403 Exhibit, #238 Memorandum in Support of Motion, #217 Exhibit, #355 Exhibit, #337 Memorandum in Support of Motion, #420 Exhibit, #315 Exhibit, #334 Exhibit, #331 Exhibit, #275 Exhibit, #246 Exhibit, #402 Exhibit, #298 Exhibit, #297 Exhibit, #352 Memorandum in Support of Motion, #305 Exhibit, #220 Exhibit, #408 Exhibit, #231 Exhibit, #221 Exhibit, #262 Exhibit, #417 Exhibit, #244 Exhibit, #354 Exhibit, #309 Exhibit, #385 Exhibit, #239 Exhibit, #210 Exhibit, #393 Exhibit, #251 Exhibit, #380 Memorandum in Opposition to Motion, #243 Exhibit, #253 Exhibit, #311 Exhibit, #406 Exhibit, #344 Exhibit, #274 Exhibit, #407 Exhibit, #371 Exhibit, #303 Exhibit, #391 Exhibit, #295 Exhibit, #387 Declaration in Opposition, #302 Exhibit, #271 Exhibit, #314 Exhibit, #304 Exhibit, #368 Exhibit, #366 Memorandum in Opposition to Motion, #213 Exhibit, #378 Memorandum in Opposition to Motion, #325 Exhibit, #232 Exhibit, #264 Exhibit, #439 Reply, #280 Memorandum in Support of Motion, #223 Exhibit, #313 Exhibit, #208 Exhibit, #419 Exhibit, #339 Declaration in Support, #249 Exhibit, #263 Exhibit, #289 Exhibit, #341 Exhibit, #211 Exhibit, #287 Exhibit, #228 Exhibit, #436 Reply, #268 Exhibit, #392 Exhibit, #216 Exhibit, #212 Exhibit, #343 Exhibit, #410 Exhibit, #206 Exhibit, #260 Exhibit, #374 Memorandum in Opposition to Motion, #312 Exhibit, #261 Exhibit, #356 Exhibit, #254 Exhibit, #218 Exhibit, #384 Exhibit, #330 Exhibit, #404 Exhibit, #411 Exhibit, #409 Exhibit, #240 Exhibit, #294 Exhibit, #320 Exhibit, #413 Exhibit, #421 Exhibit, #322 Exhibit, #286 Exhibit, #430 Reply, #270 Exhibit, #256 Exhibit, #242 Exhibit, #301 Exhibit, #225 Exhibit, #245 Exhibit, #307 Exhibit, #250 Exhibit, #431 Reply, #269 Exhibit, #416 Exhibit, #237 Exhibit, #267 Exhibit, #328 Exhibit, #290 Exhibit, #340 Exhibit, #241 Declaration in Support, #215 Exhibit, #247 Exhibit, #369 Exhibit, #397 Exhibit, #318 Exhibit, #405 Exhibit, #252 Exhibit, #258 Exhibit, #288 Exhibit, #412 Exhibit, #395 Declaration in Opposition, #219 Exhibit, #227 Exhibit, #317 Exhibit, #310 Exhibit filed by Upsher-Smith Laboratories, Inc.. (Gullickson, Randy)
September 25, 2018 Opinion or Order Filing 445 (Text-only) ORDER FOR CONTINUED SEALING regarding sealed documents for #233 MOTION to Exclude Expert Testimony , #203 MOTION for Summary Judgment , #332 MOTION to Exclude Expert Testimony of Nelson Everhardt, #277 MOTION for Summary Judgment , #350 MOTION to Exclude Expert Testimony of Robert Geary. Order on continued sealing shall be due on 10/1/2018.Briefing on the motions was completed on August 20, 2018, making the parties' Joint Motion Regarding Continued Sealing due on September 10, 2018, pursuant to Local Rule 5.6(d)(2). The parties have been engaged in settlement discussions. On September 7, 2018, the parties were granted an extension of time to file their Joint Motion to September 24, 2018 (ECF No. 441). On September 24, 2018, the parties requested an additional week to complete their Joint Motion (ECF No. 444). Accordingly, the deadline for filing a Joint Motion Regarding Continued Sealing for the sealed documents filed in connection with the motions listed (ECF Nos. 203, 233, 277, 332, 350) above shall be extended to and including OCTOBER 1, 2018. Ordered by Magistrate Judge Hildy Bowbeer on 9/25/2018. (JMK)
September 24, 2018 Opinion or Order Filing 444 LETTER TO MAGISTRATE JUDGE by Fifth Third Bank . (Colvin, Nathan)
September 24, 2018 Opinion or Order Filing 443 LETTER TO DISTRICT JUDGE by Upsher-Smith Laboratories, Inc. . (Ostlund, Richard)
September 7, 2018 Opinion or Order Filing 441 (Text-only) ORDER FOR CONTINUED SEALING regarding sealed documents for #233 MOTION to Exclude Expert Testimony , #203 MOTION for Summary Judgment , #332 MOTION to Exclude Expert Testimony of Nelson Everhardt, #277 MOTION for Summary Judgment , #350 MOTION to Exclude Expert Testimony of Robert Geary. Order on continued sealing shall be due on 9/24/2018. Briefing on the motions was completed on August 20, 2018, making the parties' Joint Motion Regarding Continued Sealing due on September 10, 2018, pursuant to Local Rule 5.6(d)(2). The parties have been engaged in settlement discussions. Accordingly, the deadline for filing a Joint Motion Regarding Continued Sealing for the sealed documents filed in connection with the motions listed (ECF Nos. 203, 233, 277, 332, 350) above shall be extended to and including SEPTEMBER 24, 2018. Ordered by Magistrate Judge Hildy Bowbeer on 9/7/2018. (JMK)
September 5, 2018 Opinion or Order Filing 442 Minute Entry for Settlement Conference held before Magistrate Judge Hildy Bowbeer and Judge Richard Solum (ret.) on 9/5/2018. (JMK)
August 20, 2018 Opinion or Order Filing 440 Redacted Document for #439 Sealed Reply Memorandum in Support of Upsher-Smith Laboratories' Motion for Partial Summary Judgment filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gullickson, Randy)
August 20, 2018 Opinion or Order Filing 439 SEALED REPLY re #277 MOTION for Summary Judgment filed by Upsher-Smith Laboratories. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gullickson, Randy)
August 20, 2018 Opinion or Order Filing 438 Redacted Document for #436 Reply Memorandum in Support of Summary Judgment filed by Fifth Third Bank.(Colvin, Nathan)
August 20, 2018 Opinion or Order Filing 437 Declaration of Nathan L. Colvin in Support of #203 MOTION for Summary Judgment filed by Fifth Third Bank. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s))(Bromen, Gregory)
August 20, 2018 Opinion or Order Filing 436 SEALED REPLY re #203 MOTION for Summary Judgment filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Bromen, Gregory)
August 17, 2018 Opinion or Order Filing 435 Redacted Document for #432 Redacted Reply re Motion to Exclude Expert Testimony of Michael Doyle filed by Fifth Third Bank.(Colvin, Nathan)
August 17, 2018 Opinion or Order Filing 434 Redacted Document for #431 SEALED REPLY re MOTION to Exclude Expert Testimony of Robert Geary filed by Fifth Third Bank.(Cornell, Jennifer)
August 17, 2018 Opinion or Order Filing 433 Redacted Document for #430 SEALED REPLY re MOTION to Exclude Expert Testimony of Nelson Everhardt filed by Fifth Third Bank.(Cornell, Jennifer)
August 17, 2018 Opinion or Order Filing 432 SEALED REPLY re #233 MOTION to Exclude Expert Testimony filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cornell, Jennifer)
August 17, 2018 Opinion or Order Filing 431 SEALED REPLY re #350 MOTION to Exclude Expert Testimony of Robert Geary filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cornell, Jennifer)
August 17, 2018 Opinion or Order Filing 430 SEALED REPLY re #332 MOTION to Exclude Expert Testimony of Nelson Everhardt filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cornell, Jennifer)
August 17, 2018 Opinion or Order Filing 429 ORDER on #427 Stipulation to Amend Briefing Schedule. Signed by Chief Judge John R. Tunheim on 8/17/2018. (HAZ)
August 16, 2018 Opinion or Order Filing 428 PROPOSED ORDER TO JUDGE re #427 Stipulation. (Walton, Victor)
August 16, 2018 Opinion or Order Filing 427 STIPULATION re #203 MOTION for Summary Judgment , #277 MOTION for Summary Judgment to Amend Briefing Schedule by Fifth Third Bank. Jointly Signed by Upsher-Smith Laboratories Inc.. (Walton, Victor)
August 10, 2018 Opinion or Order Filing 426 NOTICE of Withdrawal as Attorney of Steven C. Kerbaugh (Kerbaugh, Steven)
August 7, 2018 Opinion or Order Filing 425 ORDER Setting SETTLEMENT CONFERENCE: Confidential Letter to Court due by 8/31/2018. Settlement Conference set for 9/5/2018 at 09:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 8/7/2018. (JMK)
August 6, 2018 Opinion or Order Filing 424 TEXT ONLY ORDER Cancelling Settlement Conference: Pursuant to the agreement of the parties, Judge Solum, and the Court, the mediation will not go forward on August 10, 2018, but will be postponed to a mutually agreeable date in September 2018. A separate order setting the new date will be issued. All requirements set forth in the current Settlement Conference Order regarding attendance by counsel, party representatives, and insurance representatives will pertain to the new date. Signed by Magistrate Judge Hildy Bowbeer on 8/6/2018. (JMK)
August 6, 2018 Opinion or Order Filing 423 Redacted Document for #389 Declaration of Thomas C. Mielenhausen filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 422 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #419 , #414 , #410 , #415 , #404 , #411 , #409 , #413 , #421 , #418 , #403 , #416 , #420 , #402 , #408 , #417 , #405 , #406 , #407 , #412 Exhibits 53 - 72 to Declaration of Steven C. Kerbaugh filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 421 SEALED EXHIBIT 72 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 420 SEALED EXHIBIT 71 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 419 SEALED EXHIBIT 70 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 418 SEALED EXHIBIT 69 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 417 SEALED EXHIBIT 68 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 416 SEALED EXHIBIT 67 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 415 SEALED EXHIBIT 66 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 414 SEALED EXHIBIT 65 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 413 SEALED EXHIBIT 64 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 412 SEALED EXHIBIT 63 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 411 SEALED EXHIBIT 62 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 410 SEALED EXHIBIT 61 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 409 SEALED EXHIBIT 60 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 408 SEALED EXHIBIT 59 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 407 SEALED EXHIBIT 58 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 406 SEALED EXHIBIT 57 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 405 SEALED EXHIBIT 56 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 404 SEALED EXHIBIT 55 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 403 SEALED EXHIBIT 54 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 402 SEALED EXHIBIT 53 to Declaration of Steven C. Kerbaugh re #401 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 401 DECLARATION of Steven C. Kerbaugh in Opposition to #203 MOTION for Summary Judgment filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 Exhibit(s) 73)(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 400 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #397 , #398 Exhibits to Declaration of Stephen M. Robinson filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 399 Redacted Document for #366 Sealed Memorandum in Opposition to Upsher's Motion for Partial Summary Judgment filed by Fifth Third Bank.(Colvin, Nathan)
August 3, 2018 Opinion or Order Filing 398 SEALED EXHIBIT B to Declaration of Stephen M. Robinson re #395 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 397 SEALED EXHIBIT A to Declaration of Stephen M. Robinson re #395 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 396 Redacted Document for #395 Declaration of Stephen M. Robinson filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 395 SEALED DECLARATION of Stephen M. Robinson in Opposition to #203 MOTION for Summary Judgment filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 394 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #392 , #393 , #391 Exhibits 1-3 to Declaration of Thomas C. Mielenhausen filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 393 SEALED EXHIBIT 3 to Declaration of Thomas C. Mielenhausen re #389 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 392 SEALED EXHIBIT 2 to Declaration of Thomas C. Mielenhausen re #389 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 391 SEALED EXHIBIT 1 to Declaration of Thomas C. Mielenhausen re #389 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 390 DOCUMENT FILED IN ERROR-WILL REFILE-Redacted Document for #389 Declaration of Thomas C. Mielenhausen filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven) Modified on 8/6/2018 (AKL).
August 3, 2018 Opinion or Order Filing 389 SEALED DECLARATION of Thomas C. Mielenhausen in Opposition to #203 MOTION for Summary Judgment filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 388 Redacted Document for #387 Declaration of Chad Martinson filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 387 SEALED DECLARATION of Chad Martinson in Opposition to #203 MOTION for Summary Judgment filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 386 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #385 , #384 Exhibits to Declaration of Joel Green filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 385 SEALED EXHIBIT Exhibit B to Declaration of Joel Green re #382 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 384 SEALED EXHIBIT Exhibit A to Declaration of Joel Green re #382 Declaration in Opposition filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 383 Redacted Document for #382 Declaratoin of Joel Green filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 382 SEALED DECLARATION of Joel Green in Opposition to #203 MOTION for Summary Judgment filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 381 Redacted Document for #380 Plaintiff Upsher-Smith's Memo in Opposition to Defendant's Motion for Summary Judgment filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 380 SEALED MEMORANDUM in Opposition re #203 MOTION for Summary Judgment filed by Upsher-Smith Laboratories. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 379 Redacted Document for #378 Memo in Opposition to Defendant's Motion to Exclude the Testimony of Robert Geary filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 378 SEALED MEMORANDUM in Opposition re #350 MOTION to Exclude Expert Testimony of Robert Geary filed by Upsher-Smith Laboratories. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 377 Redacted Document for #376 Memo in Opposition to Defendant's Motion to Exclude the Testimony of Nelson Everhardt filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 376 SEALED MEMORANDUM in Opposition re #332 MOTION to Exclude Expert Testimony of Nelson Everhardt filed by Upsher-Smith Laboratories. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 375 Redacted Document for #374 Memo in Opposition to Defendant's Motion to Exclude the Testimony of Michael J. Doyle filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 374 SEALED MEMORANDUM in Opposition re #233 MOTION to Exclude Expert Testimony of Michael J. Doyle filed by Upsher-Smith Laboratories. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
August 3, 2018 Opinion or Order Filing 373 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #372 , #370 , #369 , #371 , #368 Exhibits to Declaration filed by Fifth Third Bank.(Cornell, Jennifer)
August 3, 2018 Opinion or Order Filing 372 SEALED EXHIBIT 15 re #367 Declaration in Opposition, filed by Fifth Third.(Cornell, Jennifer)
August 3, 2018 Opinion or Order Filing 371 SEALED EXHIBIT 9 re #367 Declaration in Opposition, filed by Fifth Third.(Cornell, Jennifer)
August 3, 2018 Opinion or Order Filing 370 SEALED EXHIBIT 8 re #367 Declaration in Opposition, filed by Fifth Third.(Cornell, Jennifer)
August 3, 2018 Opinion or Order Filing 369 SEALED EXHIBIT 7 re #367 Declaration in Opposition, filed by Fifth Third.(Cornell, Jennifer)
August 3, 2018 Opinion or Order Filing 368 SEALED EXHIBIT 6 re #367 Declaration in Opposition, filed by Fifth Third.(Cornell, Jennifer)
August 3, 2018 Opinion or Order Filing 367 DECLARATION of Nathan Colvin in Opposition to #277 MOTION for Summary Judgment filed by Fifth Third Bank. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 10, #7 Exhibit(s) 11, #8 Exhibit(s) 12, #9 Exhibit(s) 13, #10 Exhibit(s) 14, #11 Exhibit(s) 16)(Cornell, Jennifer)
August 3, 2018 Opinion or Order Filing 366 SEALED MEMORANDUM in Opposition re #277 MOTION for Summary Judgment filed by Fifth Third. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 365 Redacted Document for #352 Redacted Memorandum In Support of Motion to Exclude the Testimony of Robert Geary filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 364 Redacted Document for #337 Redacted Memorandum In Support of Motion to Exclude the Testimony of Nelson F. Everhardt filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 363 Redacted Document for #238 Redacted Memorandum In Support of Motion to Exclude the Testimony of Michael Doyle filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 362 Redacted Document for #327 Redacted Memorandum In Support of Summary Judgment filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 361 MEET and CONFER STATEMENT re #350 Motion to Exclude Expert Testimony filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 360 MEET and CONFER STATEMENT re #332 Motion to Exclude Expert Testimony filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 359 MEET and CONFER STATEMENT re #233 Motion to Exclude Expert Testimony filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 358 PROPOSED ORDER TO JUDGE re #350 MOTION to Exclude Expert Testimony of Robert Geary filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 357 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #355 , #354 , #356 Sealed Exhibits 1-3 filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 356 SEALED EXHIBIT 3 re #353 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 355 SEALED EXHIBIT 2 re #353 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 354 SEALED EXHIBIT 1 re #353 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 353 SEALED Declaration of Nathan Colvin in Support of #350 MOTION to Exclude Expert Testimony of Robert Geary filed by Fifth Third Bank. (Attachments: #1 Exhibit(s) 4, #2 Exhibit(s) 5, #3 Exhibit(s) 6)(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 352 SEALED MEMORANDUM in Support re #350 MOTION to Exclude Expert Testimony of Robert Geary filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 351 NOTICE OF HEARING ON MOTION #350 MOTION to Exclude Expert Testimony of Robert Geary : Date and time to be determined. (Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 350 MOTION to Exclude Expert Testimony of Robert Geary filed by Fifth Third Bank. (Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 349 PROPOSED ORDER TO JUDGE re #277 MOTION for Summary Judgment filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 348 PROPOSED ORDER TO JUDGE re #203 MOTION for Summary Judgment filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 347 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #325 , #299 , #336 , #326 , #313 , #338 , #308 , #289 , #287 , #323 , #319 , #296 , #300 , #335 , #312 , #324 , #291 , #316 , #321 , #330 , #292 , #294 , #320 , #322 , #286 , #293 , #306 , #301 , #307 , #315 , #334 , #328 , #331 , #290 , #340 , #298 , #297 , #305 , #318 , #309 , #311 , #303 , #288 , #295 , #302 , #314 , #304 , #317 , #310 Sealed Exhibits 1-17, 19-45 and 47-52 to Kerbaugh Declaration filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 346 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #343 , #344 , #342 , #345 Sealed Exhibits 1-3, 5 filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 345 SEALED EXHIBIT 5 re #339 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 344 SEALED EXHIBIT 3 re #339 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 343 SEALED EXHIBIT 2 re #339 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 342 SEALED EXHIBIT 1 re #339 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 341 SEALED EXHIBIT 52 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 340 SEALED EXHIBIT 51 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 339 SEALED Declaration of Nathan Colvin in Support of #332 MOTION to Exclude Expert Testimony of Nelson Everhardt filed by Fifth Third Bank. (Attachments: #1 Exhibit(s) 4)(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 338 SEALED EXHIBIT 50 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 337 SEALED MEMORANDUM in Support re #332 MOTION to Exclude Expert Testimony of Nelson Everhardt filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 336 SEALED EXHIBIT 49 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 335 SEALED EXHIBIT 48 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 334 SEALED EXHIBIT 47 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 333 NOTICE OF HEARING ON MOTION #332 MOTION to Exclude Expert Testimony of Nelson Everhardt : Date and time to be determined. (Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 332 MOTION to Exclude Expert Testimony of Nelson Everhardt filed by Fifth Third Bank. (Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 331 SEALED EXHIBIT 45 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 330 SEALED EXHIBIT 44 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 329 PROPOSED ORDER TO JUDGE re #203 MOTION for Summary Judgment filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 328 SEALED EXHIBIT 43 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 327 SEALED MEMORANDUM in Support re #203 MOTION for Summary Judgment filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 326 SEALED EXHIBIT 42 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 325 SEALED EXHIBIT 41 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 324 SEALED EXHIBIT 40 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 323 SEALED EXHIBIT 39 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 322 SEALED EXHIBIT 38 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 321 SEALED EXHIBIT 37 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 320 SEALED EXHIBIT 36 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 319 SEALED EXHIBIT 35 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 318 SEALED EXHIBIT 34 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 317 SEALED EXHIBIT 33 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 316 SEALED EXHIBIT 32 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 315 SEALED EXHIBIT 31 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 314 SEALED EXHIBIT 30 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 313 SEALED EXHIBIT 29 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 312 SEALED EXHIBIT 28 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 311 SEALED EXHIBIT 27 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 310 SEALED EXHIBIT 26 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 309 SEALED EXHIBIT 25 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 308 SEALED EXHIBIT 24 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 307 SEALED EXHIBIT 23 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 306 SEALED EXHIBIT 22 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 305 SEALED EXHIBIT 21 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 304 SEALED EXHIBIT 20 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 303 SEALED EXHIBIT 19 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 302 SEALED EXHIBIT 17 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 301 SEALED EXHIBIT 16 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 300 SEALED EXHIBIT 15 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 299 SEALED EXHIBIT 14 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 298 SEALED EXHIBIT 13 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 297 SEALED EXHIBIT 12 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by u.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 296 SEALED EXHIBIT 11 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 295 SEALED EXHIBIT 10 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 294 SEALED EXHIBIT 9 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 293 SEALED EXHIBIT 8 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 292 SEALED EXHIBIT 7 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 291 SEALED EXHIBIT 6 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 290 SEALED EXHIBIT 5 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 289 SEALED EXHIBIT 4 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 288 SEALED EXHIBIT 3 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 287 SEALED EXHIBIT 2 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 286 SEALED EXHIBIT 1 to Declaration of Steven C. Kerbaugh re #285 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 285 AFFIDAVIT of Steven C. Kerbaugh in SUPPORT OF #277 MOTION for Summary Judgment filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 Exhibit(s) 18, #2 Exhibit(s) 46)(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 284 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #283 Sealed Exhibit A to Declaration of Nan Smith filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 283 SEALED EXHIBIT A to Declaration of Nan Smith re #282 Affidavit in Support of Motion filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 282 AFFIDAVIT of Nan Smith in SUPPORT OF #277 MOTION for Summary Judgment filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 281 Redacted Document for #280 Sealed Memorandum in Support of Upsher-Smith's Motion for Partial Summary Judgment filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 280 SEALED MEMORANDUM in Support re #277 MOTION for Summary Judgment filed by Upsher-Smith Laboratories. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 279 NOTICE OF HEARING ON MOTION #277 MOTION for Summary Judgment : Date and time to be determined. (Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 278 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #273 , #224 , #232 , #264 , #207 , #265 , #223 , #209 , #234 , #208 , #249 , #263 , #211 , #228 , #268 , #222 , #272 , #216 , #212 , #226 , #206 , #260 , #261 , #214 , #254 , #218 , #276 , #240 , #236 , #270 , #230 , #229 , #256 , #266 , #245 , #225 , #269 , #237 , #217 , #267 , #275 , #215 , #247 , #220 , #231 , #221 , #262 , #239 , #210 , #252 , #274 , #258 , #271 , #219 , #227 , #213 Exhibits 1-10, 12-13, 15-21, 25-33, 35-59 and 64-66 filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 277 MOTION for Summary Judgment filed by Upsher-Smith Laboratories, Inc.. (Kerbaugh, Steven)
July 13, 2018 Opinion or Order Filing 276 SEALED EXHIBIT 66 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 275 SEALED EXHIBIT 65 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 274 SEALED EXHIBIT 64 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 273 SEALED EXHIBIT 59 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 272 SEALED EXHIBIT 58 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 271 SEALED EXHIBIT 57 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 270 SEALED EXHIBIT 56 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 269 SEALED EXHIBIT 55 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 268 SEALED EXHIBIT 54 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 267 SEALED EXHIBIT 53 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 266 SEALED EXHIBIT 52 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 265 SEALED EXHIBIT 51 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 264 SEALED EXHIBIT 50 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 263 SEALED EXHIBIT 49 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 262 SEALED EXHIBIT 48 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 261 SEALED EXHIBIT 47 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 260 SEALED EXHIBIT 46 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 259 PROPOSED ORDER TO JUDGE re #233 MOTION to Exclude Expert Testimony filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 258 SEALED EXHIBIT 45 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 257 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #242 , #250 , #246 , #255 , #248 , #244 , #251 , #243 , #253 Sealed Exhibits 1-9 filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 256 SEALED EXHIBIT 44 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 255 SEALED EXHIBIT 9 re #241 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 254 SEALED EXHIBIT 43 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 253 SEALED EXHIBIT 8 re #241 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 252 SEALED EXHIBIT 42 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 251 SEALED EXHIBIT 7 re #241 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 250 SEALED EXHIBIT 6 re #241 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 249 SEALED EXHIBIT 41 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 248 SEALED EXHIBIT 5 re #241 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 247 SEALED EXHIBIT 40 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 246 SEALED EXHIBIT 4 re #241 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 245 SEALED EXHIBIT 39 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 244 SEALED EXHIBIT 3 re #241 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 243 SEALED EXHIBIT 2 re #241 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 242 SEALED EXHIBIT 1 re #241 Declaration in Support filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 241 SEALED Declaration of Nathan Colvin in Support of #233 MOTION to Exclude Expert Testimony filed by Fifth Third Bank.(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 240 SEALED EXHIBIT 38 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 239 SEALED EXHIBIT 37 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 238 SEALED MEMORANDUM in Support re #233 MOTION to Exclude Expert Testimony of Michael J. Doyle filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 237 SEALED EXHIBIT 36 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 236 SEALED EXHIBIT 35 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 235 NOTICE OF HEARING ON MOTION #233 MOTION to Exclude Expert Testimony : Michael J. Doyle Date and time to be determined. (Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 234 SEALED EXHIBIT 33 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 233 MOTION to Exclude Expert Testimony filed by Fifth Third Bank. (Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 232 SEALED EXHIBIT 32 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 231 SEALED EXHIBIT 31 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 230 SEALED EXHIBIT 30 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 229 SEALED EXHIBIT 29 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 228 SEALED EXHIBIT 28 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 227 SEALED EXHIBIT 27 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 226 SEALED EXHIBIT 26 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 225 SEALED EXHIBIT 25 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 224 SEALED EXHIBIT 21 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 223 SEALED EXHIBIT 20 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 222 SEALED EXHIBIT 19 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 221 SEALED EXHIBIT 18 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 220 SEALED EXHIBIT 17 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 219 SEALED EXHIBIT 16 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 218 SEALED EXHIBIT 15 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 217 SEALED EXHIBIT 13 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 216 SEALED EXHIBIT 12 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 215 SEALED EXHIBIT 10 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 214 SEALED EXHIBIT 9 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 213 SEALED EXHIBIT 8 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 212 SEALED EXHIBIT 7 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 211 SEALED EXHIBIT 6 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 210 SEALED EXHIBIT 5 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 209 SEALED EXHIBIT 4 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 208 SEALED EXHIBIT 3 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 207 SEALED EXHIBIT 2 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 206 SEALED EXHIBIT 1 re #205 Declaration in Support, filed by Fifth Third Bank.(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 205 Declaration of Nathan L. Colvin in Support of #203 MOTION for Summary Judgment filed by Fifth Third Bank. (Attachments: #1 Exhibit(s) 11, #2 Exhibit(s) 14, #3 Exhibit(s) 22, #4 Exhibit(s) 23, #5 Exhibit(s) 24, #6 Exhibit(s) 34, #7 Exhibit(s) 60, #8 Exhibit(s) 61, #9 Exhibit(s) 62, #10 Exhibit(s) 63)(Colvin, Nathan)
July 13, 2018 Opinion or Order Filing 204 NOTICE OF HEARING ON MOTION #203 MOTION for Summary Judgment : Date and time to be determined. (Cornell, Jennifer)
July 13, 2018 Opinion or Order Filing 203 MOTION for Summary Judgment filed by Fifth Third Bank. (Cornell, Jennifer)
July 5, 2018 Opinion or Order Filing 202 ORDER in Response to #201 Letter to District Judge, #200 Letter to Request Permission to Exceed Word/Line Limits. Signed by Chief Judge John R. Tunheim on 7/5/2018. (HAZ)
July 2, 2018 Opinion or Order Filing 201 LETTER TO DISTRICT JUDGE by Upsher-Smith Laboratories, Inc. Letter to Chief Judge John R. Tunheim. (Ostlund, Richard)
June 29, 2018 Opinion or Order Filing 200 LETTER to Request Permission to Exceed Word/Line Limits for its Motion for Summary Judgment and Reply. (Walton, Victor)
June 26, 2018 Opinion or Order Filing 199 PROPOSED ORDER TO JUDGE re #198 Stipulation. (Kerbaugh, Steven)
June 26, 2018 Opinion or Order Filing 198 STIPULATION of Rule 25(c) Joinder by Upsher-Smith Laboratories, Inc.. Jointly Signed by Fifth Third Bank. (Kerbaugh, Steven)
June 21, 2018 Opinion or Order Filing 197 SECOND AMENDED ORDER FOR SETTLEMENT CONFERENCE regarding settlement conference scheduled for August 10, 2018. Signed by Magistrate Judge Hildy Bowbeer on 6/21/2018. (JMK)
June 21, 2018 Opinion or Order Filing 196 AMENDED ORDER FOR SETTLEMENT CONFERENCE regarding Settlement Conference scheduled for August 3, 2018. Signed by Magistrate Judge Hildy Bowbeer on 6/21/2018. (JMK)
June 15, 2018 Opinion or Order Filing 195 AMENDED PRETRIAL SCHEDULING ORDER: Discovery due by 7/6/2018. Motions (disp) due by 7/13/2018. Ready for trial due by 10/15/2018. Signed by Magistrate Judge Hildy Bowbeer on 6/15/2018. (JMK)
June 14, 2018 Opinion or Order Filing 194 PROPOSED ORDER TO JUDGE re #193 Stipulation. (Kerbaugh, Steven)
June 14, 2018 Opinion or Order Filing 193 STIPULATION to Amend Scheduling Order for Limited Purposes by Upsher-Smith Laboratories, Inc.. Jointly Signed by Fifth Third Bank. (Kerbaugh, Steven)
June 5, 2018 Opinion or Order Filing 192 ORDER re 187 Order (Text Only), #185 Letter to Magistrate Judge filed by Upsher-Smith Laboratories, Inc., #186 Letter to Magistrate Judge filed by Fifth Third Bank regarding In camera review. Signed by Magistrate Judge Hildy Bowbeer on 6/5/2018. (JMK)
May 31, 2018 Opinion or Order Filing 191 TEXT ONLY ENTRY: ORDER granting #188 Motion for Admission Pro Hac Vice of Attorney Jacob Daniel Mahle for Fifth Third Bank. Approved by Magistrate Judge Hildy Bowbeer on 5/31/2018. (MMG)
May 31, 2018 Opinion or Order Filing 190 TRANSCRIPT of Motions Hearing held on 4/4/2018 before Magistrate Judge Hildy Bowbeer. (89 pages). Transcriber: Staci Heichert. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.For information on redaction procedures, please review #Local Rule 5.5. Redaction Request due 6/21/2018. Redacted Transcript Deadline set for 7/2/2018. Release of Transcript Restriction set for 8/29/2018. (SAH)
May 31, 2018 Opinion or Order Filing 189 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (SAH)
May 30, 2018 Opinion or Order Filing 188 MOTION for Admission Pro Hac Vice for Attorney Jacob D. Mahle. Filing fee $ 100, receipt number AMNDC-6137592 filed by Fifth Third Bank. (Bromen, Gregory)
May 25, 2018 Opinion or Order Filing 187 TEXT ONLY ORDER: The Court has reviewed the letters from counsel concerning production of attorney Anders Folk's notes. (ECF Nos. 185 and 186.) On or before Tuesday May 29, 2018, Plaintiff must deliver both the redacted and unredacted notes to chambers for in camera review. No further briefing or position letters concerning this issue will be permitted from either side unless requested by the Court. Signed by Magistrate Judge Hildy Bowbeer on 5/25/2018. (JMK)
May 24, 2018 Opinion or Order Filing 186 LETTER TO MAGISTRATE JUDGE by Fifth Third Bank . (Walton, Victor)
May 23, 2018 Opinion or Order Filing 185 LETTER TO MAGISTRATE JUDGE by Upsher-Smith Laboratories, Inc. . (Gullickson, Randy)
May 18, 2018 Opinion or Order Filing 184 ORDER Resetting Settlement Conference: Conference now set for 8/10/2018 at 09:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 5/18/2018. (JMK)
May 18, 2018 Opinion or Order Filing 183 REQUEST for an Expedited 14-Day Transcript of a Digital Audio Recording. (Kerbaugh, Steven)
May 17, 2018 Opinion or Order Filing 181 REQUEST for an Expedited 14-Day Transcript of a Digital Audio Recording. (Walton, Victor)
May 15, 2018 Opinion or Order Filing 180 ORDER Setting Settlement Conference for 8/3/2018 at 09:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 5/15/2018. (JMK)
May 3, 2018 Opinion or Order Filing 179 ORDER on #177 Stipulation to Amend Scheduling Order. Motions (disp) due by 06/22/2018. Ready for trial by 09/24/2018. Signed by Magistrate Judge Hildy Bowbeer on 5/3/2018. (JMK)
May 2, 2018 Opinion or Order Filing 178 PROPOSED ORDER TO JUDGE re #177 Stipulation. (Kerbaugh, Steven)
May 2, 2018 Opinion or Order Filing 177 STIPULATION to Amend Scheduling Order by Upsher-Smith Laboratories, Inc.. Jointly Signed by Fifth Third Bank. (Kerbaugh, Steven)
April 23, 2018 Opinion or Order Filing 176 ORDER:(1) Fifth Third's #126 Motion to Compel is GRANTED IN PART AND DENIED IN PART as set forth in the Order and in the Court's ruling from the bench on April 4, 2018 (ECF No. 167); (2) Upsher-Smith's #132 Motion to Compel is GRANTED IN PART AND DENIED IN PART as set forth in the Order and in the Court's ruling from the bench on April 4, 2018 (ECF No. 167); (3) Upsher-Smith's #138 Motion for Protective Order is GRANTED IN PART AND DENIED IN PART as set forth in the Order and in the Court's ruling from the bench on April 4, 2018 (ECF No. 167); and (4) Defendant's #138 Motion to Modify the Scheduling Order is granted as follows: The deadline for filing dispositive motions, including motions to exclude expert testimony, is extended to June 1, 2018. The deadline for the completion of all expert depositions is extended to May 25, 2018. The deadline for the completion of fact discovery is extended only as necessary to complete the additional fact discovery specifically ordered herein, but, except where another deadline is specifically identified in this Order, no later than May 11, 2018. Upsher-Smith's request for attorneys' fees and sanctions is DENIED. Signed by Magistrate Judge Hildy Bowbeer on 4/23/2018. (JMK) Modified text and links on 4/23/2018 (kt).
April 11, 2018 Opinion or Order Filing 175 EXHIBIT A to Ostlund letter to Judge Bowbeer re #170 Sealed Letter. (Kerbaugh, Steven)
April 11, 2018 Opinion or Order Filing 174 LETTER TO DISTRICT JUDGE by Fifth Third Bank . (Colvin, Nathan)
April 10, 2018 Opinion or Order Filing 173 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #172 Sealed Exhibit B to Magistrate Bowbeer letter . (Kerbaugh, Steven)
April 10, 2018 Opinion or Order Filing 172 SEALED EXHIBIT B to Judge Bowbeer Sealed Letter re #170 Sealed Letter by Upsher-Smith Laboratories. (Kerbaugh, Steven)
April 10, 2018 Opinion or Order Filing 171 Redacted Document for #170 Letter to Magistrate Judge Bowbeer . (Kerbaugh, Steven)
April 10, 2018 Opinion or Order Filing 170 SEALED LETTER to Magistrate Judge Bowbeer by Upsher-Smith Laboratories. DOCUMENT FILED IN ERROR-WILL REFILE-(Attachments: #1 Exhibit(s) A)(Kerbaugh, Steven) Modified on 4/11/2018 (AKL).
April 9, 2018 Opinion or Order Filing 169 ORDER granting #166 Joint Motion Regarding Continued Sealing. Permanent Sealing GRANTED for Document Number(s): 134, 144, 145, 146, 160, 162, 163. Order on continued sealing becomes final on 5/7/2018 unless further timely submissions are filed. Signed by Magistrate Judge Hildy Bowbeer on 4/9/2018. (JMK)
April 6, 2018 Opinion or Order Filing 168 DOCUMENT FILED IN ERROR-WILL REFILE-ORDER granting #166 Joint Motion Regarding Continued Sealing. Permanent Sealing GRANTED for Document Number(s): 132, 138. Order on continued sealing becomes final on 5/4/2018 unless further timely submissions are filed. Signed by Magistrate Judge Hildy Bowbeer on 4/6/2018. (JMK) Modified on 4/9/2018 (AKL).
April 4, 2018 Opinion or Order Filing 167 Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: granting in part, denying in part, and taking under advisement in part #126 Defendant's Motion to Compel; granting in part, denying in part, and taking under advisement in part #132 Plaintiff's Motion to Compel; granting in part and taking under advisement in part #138 Plaintiff's Motion for Protective Order; suspending the April 16, 2018 deadline to file dispositive motions and taking under advisement #148 Defendant's Motion for Extension of Time. (JFH)
March 30, 2018 Opinion or Order Filing 166 JOINT MOTION REGARDING CONTINUED SEALING re #160 Memorandum in Opposition to Motion, #145 Exhibit, #134 Memorandum in Support of Motion, #144 Exhibit, #162 Exhibit, #146 Exhibit filed by Upsher-Smith Laboratories, Inc.. (Kerbaugh, Steven)
March 9, 2018 Opinion or Order Filing 165 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #163 , #162 Exhibits 3 and 4 filed by Fifth Third Bank.(Walton, Victor)
March 9, 2018 Opinion or Order Filing 164 Redacted Document for #160 Sealed Brief in Opposition to Motion for Protective Order filed by Fifth Third Bank.(Walton, Victor)
March 9, 2018 Opinion or Order Filing 163 SEALED EXHIBIT 4 re #161 Declaration in Opposition filed by Fifth Third Bank.(Walton, Victor)
March 9, 2018 Opinion or Order Filing 162 SEALED EXHIBIT 3 re #161 Declaration in Opposition filed by Fifth Third Bank.(Walton, Victor)
March 9, 2018 Opinion or Order Filing 161 DECLARATION of Nathan L. Colvin with attached Exhibits 1-2 in Opposition to #138 MOTION for Protective Order filed by Fifth Third Bank.(Walton, Victor) Modified on 3/12/2018 (AKL).
March 9, 2018 Opinion or Order Filing 160 SEALED MEMORANDUM in Opposition re #138 MOTION for Protective Order filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Walton, Victor)
March 9, 2018 Opinion or Order Filing 159 DECLARATION of Robert Tull in Opposition to #132 MOTION to Compel filed by Fifth Third Bank.(Walton, Victor)
March 9, 2018 Opinion or Order Filing 158 DECLARATION of Victor A. Walton, Jr. in Opposition to #132 MOTION to Compel filed by Fifth Third Bank.(Walton, Victor)
March 9, 2018 Opinion or Order Filing 157 MEMORANDUM in Opposition re #132 MOTION to Compel filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Walton, Victor)
March 9, 2018 Opinion or Order Filing 156 DECLARATION of Steven C. Kerbaugh in Opposition to #126 MOTION to Compel filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 Exhibit(s) A)(Kerbaugh, Steven)
March 9, 2018 Opinion or Order Filing 155 MEMORANDUM in Opposition re #126 MOTION to Compel filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
March 9, 2018 Opinion or Order Filing 154 MEMORANDUM in Opposition re #148 MOTION for Extension of Time (to Modify Scheduling Order) filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
March 5, 2018 Opinion or Order Filing 153 NOTICE by United States of America TO WITHDRAW AS COUNSEL (Marentette, Pamela)
March 2, 2018 Opinion or Order Filing 152 PROPOSED ORDER TO JUDGE re #148 MOTION for Extension of Time filed by Fifth Third Bank.(Walton, Victor)
March 2, 2018 Opinion or Order Filing 151 NOTICE OF HEARING ON MOTION #148 MOTION for Extension of Time : Motion Hearing set for 4/4/2018 at 10:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. (Walton, Victor)
March 2, 2018 Opinion or Order Filing 150 MEET and CONFER STATEMENT re #148 Motion for Extension of Time (General) filed by Fifth Third Bank.(Walton, Victor)
March 2, 2018 Opinion or Order Filing 149 MEMORANDUM in Support re #148 MOTION for Extension of Time filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Walton, Victor)
March 2, 2018 Opinion or Order Filing 148 MOTION for Extension of Time filed by Fifth Third Bank. (Walton, Victor)
March 2, 2018 Opinion or Order Filing 147 STATEMENT INSTEAD OF REDACTED DOCUMENT: Impracticable to Redact for #145 , #144 , #146 Sealed Exhbitis L, X and Y to Declaration of Steven C. Kerbaugh filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 146 SEALED EXHIBIT Y to Declaration of Steven C. Kerbaugh re #143 Declaration in Support,, filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 145 SEALED EXHIBIT X to Declaration of Steven C. Kerbaugh re #143 Declaration in Support,, filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 144 SEALED EXHIBIT L to Declaration of Steven C. Kerbaugh re #143 Declaration in Support,, filed by Upsher-Smith Laboratories.(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 143 Declaration of Steven C. Kerbaugh in Support of #138 MOTION for Protective Order , #132 MOTION to Compel filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) M, #13 Exhibit(s) N, #14 Exhibit(s) O, #15 Exhibit(s) P, #16 Exhibit(s) Q, #17 Exhibit(s) R, #18 Exhibit(s) S, #19 Exhibit(s) T, #20 Exhibit(s) U, #21 Exhibit(s) V, #22 Exhibit(s) W, #23 Exhibit(s) Z, #24 Exhibit(s) AA, #25 Exhibit(s) BB)(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 142 PROPOSED ORDER TO JUDGE re #138 MOTION for Protective Order filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 141 MEET and CONFER STATEMENT re #138 Motion for Protective Order filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 140 MEMORANDUM in Support re #138 MOTION for Protective Order filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 139 NOTICE OF HEARING ON MOTION #138 MOTION for Protective Order : Motion Hearing set for 4/4/2018 at 10:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. (Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 138 MOTION for Protective Order filed by Upsher-Smith Laboratories, Inc.. (Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 137 PROPOSED ORDER TO JUDGE re #132 MOTION to Compel filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 136 MEET and CONFER STATEMENT re #132 Motion to Compel filed by Upsher-Smith Laboratories, Inc..(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 135 Redacted Document for #134 Memorandum in Support of Motion to Compel and For Sanctions filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 134 SEALED MEMORANDUM in Support re #132 MOTION to Compel filed by Upsher-Smith Laboratories. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 133 NOTICE OF HEARING ON MOTION #132 MOTION to Compel : Motion Hearing set for 4/4/2018 at 10:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. (Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 132 MOTION to Compel filed by Upsher-Smith Laboratories, Inc.. (Kerbaugh, Steven)
March 2, 2018 Opinion or Order Filing 131 NOTICE OF HEARING ON MOTION #126 MOTION to Compel : Motion Hearing set for 4/4/18 at 10:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. (Walton, Victor) Modified on 3/2/2018 (AKL).
March 2, 2018 Opinion or Order Filing 130 PROPOSED ORDER TO JUDGE re #126 MOTION to Compel filed by Fifth Third Bank.(Walton, Victor)
March 2, 2018 Opinion or Order Filing 129 MEET and CONFER STATEMENT re #126 Motion to Compel filed by Fifth Third Bank.(Walton, Victor)
March 2, 2018 Opinion or Order Filing 128 Declaration of Victor A. Walton, Jr. in Support of #126 MOTION to Compel filed by Fifth Third Bank.(Walton, Victor)
March 2, 2018 Opinion or Order Filing 127 MEMORANDUM in Support re #126 MOTION to Compel filed by Fifth Third Bank.(Walton, Victor)
March 2, 2018 Opinion or Order Filing 126 MOTION to Compel filed by Fifth Third Bank. (Walton, Victor)
February 27, 2018 Opinion or Order Filing 125 ORDER ON STIPULATION TO AMEND SCHEDULING ORDER FOR THE LIMITED PURPOSES: that the Stipulation (ECF No. 123 ) is APPROVED and the Pretrial Scheduling Order (ECF No. 54 ), as amended (ECF Nos. 68, 117, 122 ), is further AMENDED as follows: Non-dispositive motions and supporting documentation shall be filed and served on or before March 2, 2018. Identification by Defendant on or before March 1, 2018. Rule 26(a)(2)(B) and 26(a)(2)(C) disclosures by Defendant on or before March 1, 2018. Rebuttal identification and 26(a)(2)(B) and 26(a)(2)(C) disclosures by Plaintiff on or before April 2, 2018. Signed by Magistrate Judge Hildy Bowbeer on 2/27/2018. (JMK)
February 26, 2018 Opinion or Order Filing 124 PROPOSED ORDER TO JUDGE re #123 Stipulation. (Colvin, Nathan)
February 26, 2018 Opinion or Order Filing 123 STIPULATION re #68 Order,, Set Scheduling Order Deadlines, #122 Scheduling Order,, #54 Scheduling Order, #117 Order by Fifth Third Bank. Jointly Signed by Upsher-Smith Laboratories, Inc.. (Colvin, Nathan)
February 14, 2018 Opinion or Order Filing 122 ORDER ON SECOND STIPULATION TO AMEND SCHEDULING ORDER FOR THE LIMITED PURPOSE OF EXTENDING EXPERT DISCLOSURE/REPORT DEADLINES: that the Stipulation (ECF No. #120 ) is APPROVED and the Pretrial Scheduling Order (ECF No. #54 ), as amended (ECF Nos. #68 , #117 ), is further AMENDED as follows: Identification by Defendant on or before February 27, 2018. Rule 26(a)(2)(B) and 26(a)(2)(C) disclosures by Defendant on or before February 27, 2018. Rebuttal identification and 26(a)(2)(B) and 26(a)(2)(C) disclosures by Plaintiff on or before March 29, 2018. Signed by Magistrate Judge Hildy Bowbeer on 2/13/2018. (MMP)
February 13, 2018 Opinion or Order Filing 121 PROPOSED ORDER TO JUDGE re #120 Stipulation. (Colvin, Nathan)
February 13, 2018 Opinion or Order Filing 120 STIPULATION re #54 Scheduling Order, to Amend Scheduling Order For the Limited Purpose of Extending Expert Disclosure/Report Deadlines by Fifth Third Bank. (Colvin, Nathan)
January 22, 2018 Opinion or Order Filing 119 LETTER TO MAGISTRATE JUDGE by Upsher-Smith Laboratories, Inc. Joint. (Kerbaugh, Steven)
January 19, 2018 Opinion or Order Filing 118 NOTICE by Fifth Third Bank of Subpoena (Attachments: #1 Exhibit(s))(Colvin, Nathan)
December 13, 2017 Opinion or Order Filing 117 ORDER approving #115 Stipulation re expert discovery deadlines. Signed by Magistrate Judge Hildy Bowbeer on 12/12/2017. (lmb) Modified text on 12/14/2017 (lmb).
December 12, 2017 Opinion or Order Filing 116 PROPOSED ORDER TO JUDGE re #115 Stipulation. (Gullickson, Randy)
December 12, 2017 Opinion or Order Filing 115 STIPULATION To Amend Scheduling Order for the Limited Purpose of Extending Expert Disclosure/Report Deadlines by Upsher-Smith Laboratories, Inc.. Jointly Signed by Fifth Third Bank. (Gullickson, Randy)
November 27, 2017 Opinion or Order Filing 114 ORDER granting #108 Joint Motion Regarding Continued Sealing regarding sealed documents for #70 MOTION to Compel. Permanent Sealing GRANTED for Document Number(s): 77, 79, 81, 93, 96, 101.Document Number(s) to be UNSEALED: 75. Order on continued sealing becomes final on 12/26/2017 unless further timely submissions are filed. Signed by Magistrate Judge Hildy Bowbeer on 11/27/2017. (lmb) Modified text/link on 11/27/2017 (lmb).
November 17, 2017 Opinion or Order Filing 113 Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Case Management Conference held on 11/17/2017. Based on the arguments of counsel and letters submitted by the parties, and for the reasons stated by the Court during the telephone conference, the Court ordered Fifth Third Bank to produce documents sufficient to show the policies, procedures, processes, and controls applicable to wire transfers involving foreign currency that were in effect for 2013-2014, the period during which the transactions at issue in this litigation took place, on or before Monday, November 20, 2017. (lmb)
October 30, 2017 Opinion or Order Filing 112 Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Case Management Conference held on 10/30/2017. (lmb)
October 25, 2017 Opinion or Order Filing 111 LETTER TO MAGISTRATE JUDGE by Upsher-Smith Laboratories, Inc. and Fifth Third Bank. (Kerbaugh, Steven)
October 18, 2017 Opinion or Order Filing 110 SEALED ORDER denying #70 Motion to Compel. Signed by Magistrate Judge Hildy Bowbeer on 10/18/2017. (lmb)
October 18, 2017 Opinion or Order Filing 109 ORDER (Redacted) denying #70 Motion to Compel. Signed by Magistrate Judge Hildy Bowbeer on 10/18/2017. (lmb)
October 12, 2017 Opinion or Order Filing 108 AMENDED JOINT MOTION REGARDING CONTINUED SEALING re #72 Memorandum in Support of Motion filed by Upsher-Smith Laboratories, Inc. (Kerbaugh, Steven) Modified text on 10/13/2017 (JDF).
October 12, 2017 Opinion or Order Filing 107 TEXT ONLY NOTICE: A status conference by telephone will be conducted in this matter by Magistrate Judge Hildy Bowbeer on OCTOBER 30, 2017 at 8:00 a.m., at which the Court will discuss the parties' progress in discovery and outcome of private mediation session. The parties shall submit a joint status letter on or before OCTOBER 25, 2017. Chambers will initiate the call. Counsel shall include the name(s) and telephone number(s) for anyone who will participate in the call in their status letter. (JMK)
October 4, 2017 Opinion or Order Filing 106 TEXT ONLY ORDER: The Court has reviewed the Joint Motion Regarding Continued Sealing (ECF No. #105 ) and directs the parties to provide a more detailed reason for continued sealing of the documents that have been filed (ECF Nos. #75 , #77 , #79 , #81 ) and refile this motion as an amended motion.The Advisory Comments to Local Rule 5.6 provide that the joint motion must be filed using the Joint Motion Regarding Continued Sealing Form. See http://www.mnd.uscourts.gov/FORMS/Clerks_Office/Joint-Motion-Form.pdf. A footnote to that form includes a list of example explanations. Please note that the undersigned will not accept example #3 from that list ("contains information designated as confidential under a protective order issued in this case") as a sufficient justification for continued sealing. The designation of material by a party during discovery as confidential pursuant to a protective order, while sufficient to justify filing the document under temporary seal, will not by itself justify continued sealing. Continued sealing must be based on an explanation that is tailored to the particular documents at issue and the specific reasons the party or parties consider the documents to be confidential. In providing that explanation, counsel may consider the remaining examples suggested in the form. Signed by Magistrate Judge Hildy Bowbeer on 10/04/17. (JMK) Modified text and links on 10/5/2017 (JDF).
October 3, 2017 Opinion or Order Filing 105 JOINT MOTION REGARDING CONTINUED SEALING re #96 Declaration in Opposition, #81 Exhibit, #93 Memorandum in Opposition to Motion, #75 Exhibit, #101 Declaration in Opposition, #77 Exhibit, #79 Exhibit filed by United States of America. (Marentette, Pamela)
September 27, 2017 Opinion or Order Filing 104 LETTER TO MAGISTRATE JUDGE by United States of America . (Marentette, Pamela)
September 20, 2017 Opinion or Order Filing 102 TEXT ONLY ENTRY: The United States Department of Justice may file a single-spaced letter of no more than three pages in response to any new case law that was raised by Defendant Fifth Third Bank for the first time at the motion hearing on September 19, 2017. The letter must be filed on or before 4:30 p.m. on September 27, 2017. No further briefing on the motion to compel will be permitted. Signed by Magistrate Judge Hildy Bowbeer on 09/20/2017. (ALM)
September 19, 2017 Opinion or Order Filing 103 Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Motion Hearing held on 9/19/2017. The Court held a hearing on Defendant Fifth Third Bank's Motion to Compel Discovery of Third Party United States Department of Justice Pursuant to the Freedom of Information Act and Federal Rule of Civil Procedure 45 [Doc. No. #70 ]. The Court took the motion under advisement, and a written order will issue. In light of the discussion of sealed documents, the entire hearing was sealed, and any transcript of the proceeding shall be filed under seal. The Court reminded counsel to file a joint motion for continued sealing, pursuant to Local Rule 5.6, concerning any documents filed under seal in connection with the pending motion. (Court Reporter Digital Recording). (lmb)
September 13, 2017 Opinion or Order Filing 101 SEALED DECLARATION of Richard T. Thornton in Opposition to #70 MOTION to Compel filed by Richard T. Thornton.(Marentette, Pamela)
September 13, 2017 Opinion or Order Filing 100 DOCUMENT FILED IN ERROR//WILL BE RE-FILED//SEALED DECLARATION of Richard T. Thornton in Opposition to #70 MOTION to Compel filed by Richard T. Thornton.(Marentette, Pamela) Modified text on 9/13/2017 (JDF).
September 11, 2017 Opinion or Order Filing 99 DECLARATION of Richard T. Thornton in Opposition to #70 MOTION to Compel filed by United States of America.(Marentette, Pamela)
September 11, 2017 Opinion or Order Filing 98 DOCUMENT FILED IN ERROR//WILL BE RE-FILED//SEALED DECLARATION of Richard T. Thornton in Opposition to #70 MOTION to Compel filed by Richard T. Thornton.(Marentette, Pamela) Modified text on 9/13/2017 (JDF).
September 11, 2017 Opinion or Order Filing 97 DECLARATION of Kyle Loven in Opposition to #70 MOTION to Compel filed by United States of America.(Marentette, Pamela)
September 11, 2017 Opinion or Order Filing 96 SEALED DECLARATION of Kyle Loven in Opposition to #70 MOTION to Compel filed by Kyle Loven.(Marentette, Pamela)
September 11, 2017 Opinion or Order Filing 95 DECLARATION of Pamela A. Marentette in Opposition to #70 MOTION to Compel filed by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Marentette, Pamela)
September 11, 2017 Opinion or Order Filing 94 MEMORANDUM in Opposition re #70 MOTION to Compel filed by United States of America. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Marentette, Pamela)
September 11, 2017 Opinion or Order Filing 93 SEALED MEMORANDUM in Opposition re #70 MOTION to Compel filed by United States of America. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Marentette, Pamela)
September 1, 2017 Opinion or Order Filing 92 ORDER ON UNITED STATES DEPARTMENT OF JUSTICE'S REQUEST FOR EXTENSION TO RESPOND TO DEFENDANT'S MOTION TO COMPEL: IT IS HEREBY ORDERED that the U.S. Department of Justice's request (ECF No. #89 ) is GRANTED and the time within which the U.S. Department of Justice has to file a memorandum in response to Defendant's motion to compel is extended to and including September 11, 2017. Signed by Magistrate Judge Hildy Bowbeer on 9/1/2017. (lmb)
August 31, 2017 Opinion or Order Filing 91 AMENDED NOTICE of Hearing on Motion: #70 MOTION to Compel : Motion Hearing set for 9/19/2017 03:30 PM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. (Colvin, Nathan)
August 31, 2017 Opinion or Order Filing 90 PROPOSED ORDER TO JUDGE re REQUEST FOR EXTENSION OF TIME TO RESPOND #89 Request. (Marentette, Pamela)
August 31, 2017 Opinion or Order Filing 89 REQUEST re #70 MOTION to Compel , FOR EXTENSION OF TIME TO RESPOND by United States of America. (Marentette, Pamela)
August 29, 2017 Opinion or Order Filing 88 AFFIDAVIT of Service by Fifth Third Bank re #80 Statement instead of Redacted Document - Entire Document Confidential/Impracticable to Redact, #84 Proposed Order to Judge, #76 Statement instead of Redacted Document - Entire Document Confidential/Impracticable to Redact, #81 Exhibit, #74 Declaration in Support, #72 Memorandum in Support of Motion, #73 Declaration in Support,, #85 Certificate of Service,,, #82 Statement instead of Redacted Document - Entire Document Confidential/Impracticable to Redact, #71 Notice of Hearing on Motion, #75 Exhibit, #70 MOTION to Compel , #78 Statement instead of Redacted Document - Entire Document Confidential/Impracticable to Redact, #77 Exhibit, #83 Meet and Confer Statement, #79 Exhibit (Bromen, Gregory)
August 28, 2017 Opinion or Order Filing 87 EXHIBIT Exhibit N to Declaration of Victor A. Walton, Jr. - Doc. 73 re #73 Declaration in Support,, filed by Fifth Third Bank.(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 86 NOTICE of Appearance by Pamela Marentette on behalf of United States of America. (Marentette, Pamela)
August 25, 2017 Opinion or Order Filing 85 CERTIFICATE OF SERVICE by Fifth Third Bank re #80 Statement instead of Redacted Document - Entire Document Confidential/Impracticable to Redact, #84 Proposed Order to Judge, #76 Statement instead of Redacted Document - Entire Document Confidential/Impracticable to Redact, #81 Exhibit, #74 Declaration in Support, #72 Memorandum in Support of Motion, #73 Declaration in Support, #82 Statement instead of Redacted Document - Entire Document Confidential/Impracticable to Redact, #71 Notice of Hearing on Motion, #75 Exhibit, #70 MOTION to Compel , #78 Statement instead of Redacted Document - Entire Document Confidential/Impracticable to Redact, #77 Exhibit, #83 Meet and Confer Statement, #79 Exhibit (Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 84 PROPOSED ORDER TO JUDGE re #70 MOTION to Compel filed by Fifth Third Bank.(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 83 MEET and CONFER STATEMENT re #70 Motion to Compel filed by Fifth Third Bank.(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 82 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #81 Sealed Exhibit 4 filed by Fifth Third Bank.(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 81 SEALED EXHIBIT 4 re #74 Declaration in Support filed by Fifth Third Bank.(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 80 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #79 Sealed Exhibit 3 filed by Fifth Third Bank.(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 79 SEALED EXHIBIT 3 re #74 Declaration in Support filed by Fifth Third Bank.(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 78 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #77 Sealed Exhibit 2 filed by Fifth Third Bank.(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 77 SEALED EXHIBIT 2 re #74 Declaration in Support filed by Fifth Third Bank.(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 76 STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #75 Sealed Exhibit 1 filed by Fifth Third Bank.(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 75 EXHIBIT 1 re #74 Declaration in Support filed by Fifth Third Bank.(Bromen, Gregory) Modified text on 12/28/2017 (MKG).
August 25, 2017 Opinion or Order Filing 74 Declaration of Nathan L. Colvin in Support of #70 MOTION to Compel filed by Fifth Third Bank.(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 73 Declaration of Victor A. Walton, Jr. in Support of #70 MOTION to Compel filed by Fifth Third Bank. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 DOCUMENT FILED IN ERROR: WILL REFILE. Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q)(Bromen, Gregory) Modified text on 8/28/2017 (kt).
August 25, 2017 Opinion or Order Filing 72 MEMORANDUM in Support re #70 MOTION to Compel filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 71 NOTICE OF HEARING ON MOTION #70 MOTION to Compel : Motion Hearing set for 9/8/2017 01:30 PM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. (Bromen, Gregory)
August 25, 2017 Opinion or Order Filing 70 MOTION to Compel filed by Fifth Third Bank. (Bromen, Gregory)
August 21, 2017 Opinion or Order Filing 69 ANSWER to Amended Complaint filed by Fifth Third Bank. (Colvin, Nathan)
August 11, 2017 Opinion or Order Filing 68 ORDER ON STIPULATION TO AMEND SCHEDULING ORDER re #66 Stipulation: Discovery due by 2/13/2018, Motions (non-disp) due 2/28/2018, Motions (disp) due by 4/16/2018, Ready for trial due by 7/16/2018. Signed by Magistrate Judge Hildy Bowbeer on 8/11/2017. (lmb)
August 11, 2017 Opinion or Order Filing 67 PROPOSED ORDER TO JUDGE re #66 Stipulation. (Bromen, Gregory)
August 11, 2017 Opinion or Order Filing 66 STIPULATION re #54 Scheduling Order, by Fifth Third Bank. Jointly Signed by Upsher-Smith Laboratories, Inc.. (Bromen, Gregory)
August 7, 2017 Opinion or Order Filing 65 AMENDED COMPLAINT against Fifth Third Bank. filed by Upsher-Smith Laboratories, Inc.. No summons requested. (Attachments: #1 Exhibit(s) A) (Ostlund, Richard)
August 7, 2017 Opinion or Order Filing 64 ORDER ON STIPULATION PERMITTING PLAINTIFF LEAVE TO SERVE AND FILE AN AMENDED COMPLAINT re #62 Stipulation. Signed by Magistrate Judge Hildy Bowbeer on 8/7/2017. (lmb)
August 1, 2017 Opinion or Order Filing 63 PROPOSED ORDER TO JUDGE re #62 Stipulation. (Kerbaugh, Steven)
August 1, 2017 Opinion or Order Filing 62 STIPULATION Permitting Plaintiff Leave to Serve and File an Amended Complaint by Upsher-Smith Laboratories, Inc.. Jointly Signed by Fifth Third Bank. (Attachments: #1 Exhibit(s) 1)(Kerbaugh, Steven) Modified text on 8/2/2017 (JDF).
July 25, 2017 Opinion or Order Filing 61 NOTICE by Fifth Third Bank of Amended Subpoena (Attachments: #1 Amended Subpoena)(Colvin, Nathan)
July 25, 2017 Opinion or Order Filing 60 NOTICE by Fifth Third Bank of Subpoena (Attachments: #1 Subpoena)(Colvin, Nathan)
July 11, 2017 Opinion or Order Filing 59 ORDER STRIKING SETTLEMENT CONFERENCE: The settlement conference scheduled before the undersigned for September 13, 2017 at 9:00 a.m. has been CANCELLED. The parties shall notify the Court promptly of the status of the case promptly after completion of the October 3, 2017 private mediation. Signed by Magistrate Judge Hildy Bowbeer on 7/11/2017. (lmb)
July 11, 2017 Opinion or Order Filing 58 LETTER TO MAGISTRATE JUDGE by Upsher-Smith Laboratories, Inc. . (Ostlund, Richard)
May 31, 2017 Opinion or Order Filing 57 NOTICE by Fifth Third Bank of Subpoena (Attachments: #1 Exhibit(s) Subpoena)(Colvin, Nathan)
May 19, 2017 Opinion or Order Filing 56 ORDER for Settlement Conference: Settlement Conference set for 9/13/2017 09:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 5/19/17. (kt)
May 16, 2017 Opinion or Order Filing 55 NOTICE by Fifth Third Bank of Subpoena (Attachments: #1 Exhibit(s) Subpoena)(Colvin, Nathan)
May 11, 2017 Opinion or Order Filing 54 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 8/1/2017. Discovery due by 11/15/2017. Motions (non-disp) due 11/30/2017. Motions (disp) due by 2/15/2018. Ready for trial due by 5/15/2018. Signed by Magistrate Judge Hildy Bowbeer on 5/11/2017. (lmb)
May 11, 2017 Opinion or Order Filing 53 PROTECTIVE ORDER. Signed by Magistrate Judge Hildy Bowbeer on 5/11/2017. (lmb)
May 10, 2017 Opinion or Order Filing 52 PROPOSED ORDER TO JUDGE re #51 Stipulation. (Bromen, Gregory)
May 10, 2017 Opinion or Order Filing 51 STIPULATION for Protective Order by Fifth Third Bank. Jointly Signed by Upsher-Smith Laboratories, Inc.. (Bromen, Gregory)
May 10, 2017 Opinion or Order Filing 50 Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Rule 16 Discovery Conference held on 5/10/2017. Pretrial Scheduling Order will be issued. (lmb)
May 3, 2017 Opinion or Order Filing 49 REPORT of Rule 26(f) Planning Meeting. Filed by Upsher-Smith Laboratories, Inc.. Jointly Signed by Fifth Third Bank.(Ostlund, Richard)
March 22, 2017 Opinion or Order Filing 48 TEXT ONLY NOTICE: Magistrate Judge Hildy Bowbeer's Practice Pointers, which have recently been revised, are available on the United States District Court for the District of Minnesota's website (www.mnd.uscourts.gov). All parties are expected to be familiar with and adhere to these Practice Pointers, including any variances from the Local Rules.(JMK)
March 20, 2017 Opinion or Order Filing 47 ORDER/AMENDED NOTICE OF PRETRIAL CONFERENCE: Pretrial Conference set for 5/10/2017 09:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 3/20/2017. (Attachments: #1 Consent Form). (lmb)
March 17, 2017 Opinion or Order Filing 46 LETTER TO MAGISTRATE JUDGE by Fifth Third Bank re Pretrial Conference. (Cornell, Jennifer)
March 14, 2017 Opinion or Order Filing 45 ORDER/NOTICE OF PRETRIAL CONFERENCE: Pretrial Conference set for 4/19/2017 10:30 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 3/14/2017. (Attachments: #1 Consent Form).(lmb)
January 20, 2017 Opinion or Order Filing 44 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff Upsher-Smith Laboratories, Inc.. (Gullickson, Randy)
December 29, 2016 Opinion or Order Filing 43 MEMORANDUM OPINION AND ORDER denying defendant's #15 Motion to Transfer(Written Opinion) Signed by Chief Judge John R. Tunheim on December 29, 2016. (DML)
November 21, 2016 Opinion or Order Filing 42 TEXT ONLY ENTRY: CLERK'S NOTICE OF REASSIGNMENT. Due to the retirement of Magistrate Judge Janie S. Mayeron, this case is reassigned to Magistrate Judge Hildy Bowbeer. Magistrate Judge Janie S. Mayeron no longer assigned to the case. NOTE: the new case number is 16-cv-556 (JRT/HB). Please use this case number for all subsequent pleadings. (lmb)
October 17, 2016 Opinion or Order Filing 41 Minute Entry for proceedings held before Chief Judge John R. Tunheim: Motion Hearing held on 10/17/2016 re #15 MOTION to Transfer/Change Venue filed by Fifth Third Bank. Motion taken under advisement. Written order forthcoming. (Court Reporter Kristine Mousseau) (HAZ)
September 22, 2016 Opinion or Order Filing 40 TEXT ONLY ENTRY: AMENDED NOTICE of Hearing on Motion: #15 MOTION to Transfer/Change Venue : Motion Hearing is now set for 10/17/2016 at 10:00 AM in Courtroom 15 (MPLS) before Chief Judge John R. Tunheim. (HAZ)
June 30, 2016 Opinion or Order Filing 39 AMENDED NOTICE of Hearing on Motion: #15 MOTION to Transfer/Change Venue : Motion Hearing set for 9/26/2016 11:00 AM in Courtroom 15 (MPLS) before Chief Judge John R. Tunheim. (Cornell, Jennifer)
June 16, 2016 Opinion or Order Filing 38 Reply to Response to Motion re #15 MOTION to Transfer/Change Venue filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Bromen, Gregory)
June 10, 2016 Opinion or Order Filing 37 ORDER to clarify #36 Order on Motion for Extension of Time to File Response/Reply. Defendant's reply is now due 6/16/2016. Signed by Chief Judge John R. Tunheim on June 10, 2016. (HAZ)
June 7, 2016 Opinion or Order Filing 36 ORDER granting in part and denying in part #31 Motion for Extension of Time to File Response/Reply re #15 MOTION to Transfer/Change Venue. Replies due by 6/13/2016. Signed by Chief Judge John R. Tunheim on June 7, 2016. (HAZ)
June 6, 2016 Opinion or Order Filing 35 Declaration of Jolana N. Berchin in Support of #33 Memorandum, filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 Exhibit(s) A)(Ostlund, Richard)
June 6, 2016 Opinion or Order Filing 34 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Upsher-Smith Laboratories, Inc. re #33 Memorandum, filed by Upsher-Smith Laboratories, Inc.. (Ostlund, Richard)
June 6, 2016 Opinion or Order Filing 33 MEMORANDUM by All Plaintiffs re #31 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Transfer/Change Venue Upsher Smith Opposition Brief to Fifth Third Bank's Request for Extension in Reply Briefing Time filed by All Plaintiffs. (Ostlund, Richard)
June 3, 2016 Opinion or Order Filing 32 NOTICE OF HEARING ON MOTION #31 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Transfer/Change Venue : at date and time to be determined. (Cornell, Jennifer)
June 3, 2016 Opinion or Order Filing 31 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Transfer/Change Venue by Fifth Third Bank. (Cornell, Jennifer)
May 26, 2016 Opinion or Order Filing 30 Declaration of Steven C. Kerbaugh in Support of #25 Memorandum in Opposition to Motion filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 Exhibit(s) A - C)(Ostlund, Richard)
May 26, 2016 Opinion or Order Filing 29 Declaration of Nan Smith in Support of #25 Memorandum in Opposition to Motion filed by Upsher-Smith Laboratories, Inc.. (Ostlund, Richard) Modified linkage on 5/27/2016 (las).
May 26, 2016 Opinion or Order Filing 28 Declaration of Sheila Handy in Support of #25 Memorandum in Opposition to Motion filed by Upsher-Smith Laboratories, Inc.. (Ostlund, Richard) Modified linkage on 5/27/2016 (las).
May 26, 2016 Opinion or Order Filing 27 Declaration of Stephen M. Robinson in Support of #25 Memorandum in Opposition to Motion filed by Upsher-Smith Laboratories, Inc.. (Ostlund, Richard) Modified linkage on 5/27/2016 (las).
May 26, 2016 Opinion or Order Filing 26 Declaration of Christine Hopper in Support of #25 Memorandum in Opposition to Motion filed by Upsher-Smith Laboratories, Inc. (Ostlund, Richard) Modified link on 5/27/2016 (KMM).
May 26, 2016 Opinion or Order Filing 25 MEMORANDUM in Opposition re #15 MOTION to Transfer/Change Venue filed by Upsher-Smith Laboratories, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ostlund, Richard)
April 13, 2016 Opinion or Order Filing 24 ORDER THAT Plaintiff Upsher-Smith Laboratories, Inc. is granted an extension to and including May 26, 2016 to serve and file its opposition to Defendant Fifth Third Bank's Motion to Transfer Venue dated April 7, 2015 (Dkt. #15 ). Signed by Magistrate Judge Janie S. Mayeron on 4/13/2016. (lmb)
April 12, 2016 Opinion or Order Filing 23 STIPULATION for Extension of Time by Upsher-Smith Laboratories, Inc. Jointly Signed by Fifth Third Bank. (Kerbaugh, Steven) Modified on 4/13/2016 (las).
April 12, 2016 Opinion or Order Filing 22 NOTICE of Withdrawal as Attorney (Lampone, Kevin)
April 11, 2016 Opinion or Order Filing 21 *TEXT ONLY ENTRY* Notice to Attorney regarding Dispositive Motions briefing schedule: All dispositive motions must comply with Local Rule 7.1(c). Responses to dispositive motions shall be filed with the Court on or before 21 days after the service of the supporting memorandum to the original motion. Replies to responsive briefs shall be filed 14 days after the service of the response to the dispositive motion. Upon the motion being fully briefed and filed, counsel for the moving party shall email Judge Tunheims chambers at Tunheim_Chambers@mnd.uscourts.gov to request a hearing date. Upon receiving from Judge Tunheims Courtroom Deputy a hearing date, time and location, the moving party shall file the amended notice of hearing at that time. (HAZ)
April 7, 2016 Opinion or Order Filing 20 Declaration of Robert Tull in Support of #15 MOTION to Transfer/Change Venue filed by Fifth Third Bank. (Attachments: #1 Exhibit(s) A-E)(Bromen, Gregory)
April 7, 2016 Opinion or Order Filing 19 Declaration of Joshua Livingston in Support of #15 MOTION to Transfer/Change Venue filed by Fifth Third Bank. (Bromen, Gregory)
April 7, 2016 Opinion or Order Filing 18 MEET and CONFER STATEMENT re #15 Motion to Transfer/Change Venue filed by Fifth Third Bank. (Bromen, Gregory)
April 7, 2016 Opinion or Order Filing 17 MEMORANDUM in Support re #15 MOTION to Transfer/Change Venue filed by Fifth Third Bank. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Bromen, Gregory)
April 7, 2016 Opinion or Order Filing 16 NOTICE OF HEARING ON MOTION #15 MOTION to Transfer/Change Venue : at date and time to be determined. (Bromen, Gregory)
April 7, 2016 Opinion or Order Filing 15 MOTION to Transfer/Change Venue by Fifth Third Bank. (Bromen, Gregory)
April 7, 2016 Opinion or Order Filing 14 RULE 7.1 DISCLOSURE STATEMENT. Fifth Third Bancorp is a publicly-held corporation owning 10 percent or more of stock of Defendant Fifth Third Bank. (Bromen, Gregory)
April 7, 2016 Opinion or Order Filing 13 ANSWER to Complaint by Fifth Third Bank. (Bromen, Gregory)
April 6, 2016 Opinion or Order Filing 12 NOTICE of Appearance by Scott M Rusert on behalf of Fifth Third Bank. (Rusert, Scott)
April 6, 2016 Opinion or Order Filing 11 NOTICE of Appearance by Gregory A Bromen on behalf of Fifth Third Bank. (Bromen, Gregory)
April 6, 2016 Opinion or Order Filing 10 NOTICE of Appearance by Jennifer L Cornell on behalf of Fifth Third Bank. (Cornell, Jennifer)
March 11, 2016 Opinion or Order Filing 9 ORDER: IT IS HEREBY ORDERED THAT Defendant Fifth Third Bank is granted an extension to and including April 7, 2016 to answer, move or otherwise respond to the Complaint. Signed by Magistrate Judge Janie S. Mayeron on 3/11/2016. (MMP)
March 9, 2016 Opinion or Order Filing 8 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Fifth Third Bank re #7 Stipulation EXTENSION OF TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT (Lampone, Kevin)
March 9, 2016 Opinion or Order Filing 7 STIPULATION EXTENSION OF TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT by Fifth Third Bank. Jointly Signed by Upsher-Smith Laboratories, Inc.. (Lampone, Kevin)
March 8, 2016 Opinion or Order Filing 6 ORDER granting #3 Motion for Permission for Non-Resident Attorney to Serve as Local Counsel and Motion for Admission Pro Hac Vice of Eric Wade Richardson for Fifth Third Bank; granting #4 Motion for Permission for Non-Resident Attorney to Serve as Local Counsel and Motion for Admission Pro Hac Vice of Nathan L. Colvin for Fifth Third Bank; granting #5 Motion for Permission for Non-Resident Attorney to Serve as Local Counsel and Motion for Admission Pro Hac Vice of Victor Allen Walton, Jr. for Fifth Third Bank. Signed by Chief Judge John R. Tunheim on 3/7/16. (MAM)
March 4, 2016 Opinion or Order Filing 5 MOTION for Admission Pro Hac Vice for Attorney Victor A. Walton. Filing fee $ 100, receipt number AMNDC-4808029 by Fifth Third Bank. (Attachments: #1 Motion for Non-Resident to Serve as Local Counsel)(Lampone, Kevin)
March 4, 2016 Opinion or Order Filing 4 MOTION for Admission Pro Hac Vice for Attorney Nathan L. Colvin. Filing fee $ 100, receipt number AMNDC-4808003 by Fifth Third Bank. (Attachments: #1 Motion for Non-Resident to Serve as Local Counsel)(Lampone, Kevin)
March 4, 2016 Opinion or Order Filing 3 MOTION for Admission Pro Hac Vice for Attorney Eric W. Richardson. Filing fee $ 100, receipt number AMNDC-4807775 by Fifth Third Bank. (Attachments: #1 Motion for Non-Resident to Serve as Local Counsel)(Lampone, Kevin)
March 3, 2016 Opinion or Order Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Chief Judge John R. Tunheim per Civil Master List and referred to Magistrate Judge Janie S. Mayeron. Please use case number 16-cv-00556 (JRT/JSM). (las)
March 3, 2016 Opinion or Order Filing 1 NOTICE OF REMOVAL from Minnesota District Court, Fourth Judicial District, Hennepin County, case number 27-CV-16-1982. ( Filing fee $ 400 receipt number AMNDC-4806633.) Filed by Fifth Third Bank. No summons requested. (Attachments: #1 Summons and Complaint, #2 Notice of Filing of Notice of Removal Draft Notice of Filing of Notice of Removal, #3 Civil Cover Sheet) (Lampone, Kevin)

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Search for this case: ACOVA, Inc. et al v. Fifth Third Bank
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Plaintiff: Upsher-Smith Laboratories, Inc.
Represented By: Richard T Ostlund
Represented By: Ryan Matthew Lawrence
Represented By: Steven C Kerbaugh
Represented By: Randy G Gullickson
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Plaintiff: Upsher-Smith Laboratories, LLC
Represented By: Richard T Ostlund
Represented By: Ryan Matthew Lawrence
Represented By: Steven C Kerbaugh
Represented By: Randy G Gullickson
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Plaintiff: ACOVA, Inc.
Represented By: Richard T Ostlund
Represented By: Ryan Matthew Lawrence
Represented By: Steven C Kerbaugh
Represented By: Randy G Gullickson
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Defendant: Fifth Third Bank
Represented By: Jacob Daniel Mahle
Represented By: Nathan L. Colvin
Represented By: Jennifer L Cornell
Represented By: Terrence J Fleming
Represented By: Eric Wade Richardson
Represented By: Kevin Lampone
Represented By: Scott M Rusert
Represented By: Nathaniel Lampley, Jr
Represented By: Victor Allen Walton, Jr.
Represented By: Jeffrey A. Miller
Represented By: James K Langdon
Represented By: Gregory A Bromen
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