Misemer Pharmaceuticals, Inc. et al v. Virtus Pharmaceuticals, LLC
Misemer Pharmaceuticals, Inc. and Arun Kapoor |
Virtus Pharmaceuticals, LLC |
3:2021cv00107 |
May 25, 2021 |
US District Court for the Northern District of Mississippi |
Neal B Biggers |
Glen H Davidson |
Roy Percy |
Other Statutes: Arbitration |
28 U.S.C. § 2201 Injunction |
Defendant |
Docket Report
This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 93 REPLY to Response to Motion re #83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Virtus Pharmaceuticals, LLC. (Mauldin, John) |
Filing 92 ORDER granting #91 Motion for Extension of Time to File Response/Reply as to #83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Replies due by 3/31/2023. Signed by Senior Judge Glen H. Davidson on 3/24/2023. (mga) |
Filing 91 MOTION for Extension of Time to File Response/Reply as to #83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Virtus Pharmaceuticals, LLC. (Mallette, Pope) |
Filing 90 ORDER granting #88 Motion for Extension of Time to File Response. Responses due by 3/17/2023. Signed by Senior Judge Glen H. Davidson on 3/17/2023. (jwr) |
Filing 89 RESPONSE in Opposition re #83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Misemer Pharmaceuticals, Inc.. (Jones, Michael) |
CLERK'S NOTICE re #88 MOTION for Extension of Time to File Response/Reply re #83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Unopposed; All related filings to motion must be linked back to the original motion. Court staff has made the correction. Attorney will be directed to refile in the future. (jla) |
Filing 88 MOTION for Extension of Time to File Response/Reply re #83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Unopposed by Misemer Pharmaceuticals, Inc.. (Jones, Michael) Modified on 3/10/2023 (jla). |
Filing 87 ORDER granting #86 Motion for Extension of Time to File Response/Reply re #83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 3/10/2023. Signed by Senior Judge Glen H. Davidson on 3/6/2023. (mga) |
Filing 86 MOTION for Extension of Time to File Response/Reply re #83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Misemer Pharmaceuticals, Inc.. (Jones, Michael) Modified on 3/6/2023 (jla). |
Filing 85 ORDER STAYING CASE pending resolution of #83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by Magistrate Judge Roy Percy on 2/22/2023. (yf) |
Filing 84 MEMORANDUM IN SUPPORT re #83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Virtus Pharmaceuticals, LLC. (Mallette, Pope) |
Filing 83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Virtus Pharmaceuticals, LLC. (Mallette, Pope) |
Filing 82 AMENDED COMPLAINT against Virtus Pharmaceuticals, LLC,, filed by Misemer Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Affidavit of A. Kapoor) (Jones, Michael) |
Filing 81 ORDER granting in part and denying in part #70 Motion for Reconsideration; granting #76 Motion for Leave to File Document. Signed by Senior Judge Glen H. Davidson on 1/24/23. (jla) |
Filing 80 REPLY to Response to Motion re #76 MOTION for Leave to File Proposed Second Amended Complaint filed by Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) |
Filing 79 MEMORANDUM IN SUPPORT re #78 Response in Opposition to Motion, #76 MOTION for Leave to File Proposed Second Amended Complaint filed by Virtus Pharmaceuticals, LLC. (Mauldin, John) |
Filing 78 RESPONSE in Opposition re #75 MOTION for Leave to File , #76 MOTION for Leave to File Proposed Second Amended Complaint filed by Virtus Pharmaceuticals, LLC. (Mauldin, John) |
Filing 77 MEMORANDUM IN SUPPORT re #76 MOTION for Leave to File Proposed Second Amended Complaint filed by Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) |
Filing 76 MOTION for Leave to File Proposed Second Amended Complaint by Misemer Pharmaceuticals, Inc.. (Attachments: #1 Exhibit "A" - Proposed Second Amended Complaint, #2 Exhibit "B" - Affidavit in Support of Proposed Second Amended Complaint) (Anzenberger, Timothy) |
CLERK'S NOTICE OF CORRECTION re #75 MOTION for Leave to File . Attorney to refile motion and memorandum brief as separate documents as required by L.U.Civ.R. 7(b)(2) and 7(b)(4). (cb) |
Filing 75 MOTION for Leave to File by Misemer Pharmaceuticals, Inc.. (Attachments: #1 Exhibit "A" - Proposed Second Amended Complaint, #2 Exhibit "B" - Affidavit in Support of Proposed Second Amended Complaint) (Anzenberger, Timothy) |
Filing 74 REPLY to Response to Motion re #70 MOTION for Reconsideration re #68 Order on Motion for Judgment on the Pleadings, #67 Memorandum Opinion or, alternatively, for Certification under FRCP 54(B) filed by Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) |
Filing 73 MEMORANDUM IN SUPPORT re #72 Response in Opposition to Motion, #70 MOTION for Reconsideration re #68 Order on Motion for Judgment on the Pleadings, #67 Memorandum Opinion or, alternatively, for Certification under FRCP 54(B) filed by Virtus Pharmaceuticals, LLC. (Mallette, Pope) |
Filing 72 RESPONSE in Opposition re #70 MOTION for Reconsideration re #68 Order on Motion for Judgment on the Pleadings, #67 Memorandum Opinion or, alternatively, for Certification under FRCP 54(B) filed by Virtus Pharmaceuticals, LLC. (Mallette, Pope) |
Filing 71 MEMORANDUM IN SUPPORT re #70 MOTION for Reconsideration re #68 Order on Motion for Judgment on the Pleadings, #67 Memorandum Opinion or, alternatively, for Certification under FRCP 54(B) filed by Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) Modified on 10/2/2022 (jla). |
Filing 70 MOTION for Reconsideration re #68 Order on Motion for Judgment on the Pleadings, #67 Memorandum Opinion or, alternatively, for Certification under FRCP 54(B) by Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) Modified on 10/2/2022 (jla). |
Filing 69 ORDER LIFTING STAY and Extending CMO Deadlines. Plaintiffs Designation of Experts due by 3/29/2023. Defendants Designation of Experts due by 4/28/2023. Discovery due by 5/30/2023. Motions due by 6/30/2023. Signed by Magistrate Judge Roy Percy on 9/1/2022. (yf) |
Filing 68 ORDER granting #48 Motion for Judgment on the Pleadings. The Plaintiff's claims are DISMISSED WITH PREJUDICE. The Defendant's counterclaims shall PROCEED. Signed by Senior Judge Glen H. Davidson on 8/30/2022. (jwr) |
Filing 67 MEMORANDUM OPINION. Signed by Senior Judge Glen H. Davidson on 8/30/2022. (jwr) |
Filing 66 NOTICE of Conference: Final Pretrial Conference reset for 9/28/2023 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. (rtc) |
Filing 65 NOTICE of Trial: MVD Jury Trial RESET for 10/30/2023 09:30 AM in Oxford Courtroom 1 before Senior Judge Glen H. Davidson. (mga) |
Filing 64 ORDER OF RECUSAL. Signed by Senior Judge Neal B. Biggers on 8/2/2022. (llw) |
Case Reassigned to Senior Judge Glen H. Davidson. Senior Judge Neal B. Biggers no longer assigned to the case. (jtm) |
Filing 63 TEXT NOTICE Cancelling Final Pretrial Conference set for 9/9/22 re #62 Notice Cancelling Trial (no document attached) (rtc) |
Filing 62 NOTICE Cancelling trial set for 10/17/2022 (kbt) |
Filing 61 TEXT ORDER granting #47 Motion to Withdraw #3 MOTION for Preliminary Injunction. No further written order will issue from the court. No document attached. Signed by Senior Judge Neal B. Biggers on 3/29/2022. (llw) |
Filing 60 TEXT ONLY NOTICE Cancelling settlement conference set for 1/7/2022 re #50 Order Staying Case. Settlement Conference to be reset once stay is lifted. (no document attached) (rtc) |
Filing 59 RESPONSE in Support re #48 MOTION for Judgment on the Pleadings filed by Virtus Pharmaceuticals, LLC. (Mallette, Pope) |
Filing 58 TEXT ONLY ORDER finding as moot #53 Motion for Extension of Time to File Response/Reply. No further written order will issue from the court. Signed by Senior Judge Neal B. Biggers on 11/9/2021. No document attached. (llw) |
Filing 57 ORDER granting #56 Motion for Extension of Time to File Response/Reply re #48 MOTION for Judgment on the Pleadings Replies due by 11/19/2021.. Signed by Senior Judge Neal B. Biggers on 11/9/2021. (llw) |
Filing 56 MOTION for Extension of Time to File Response/Reply as to #48 MOTION for Judgment on the Pleadings (Unopposed) by Virtus Pharmaceuticals, LLC. (Mauldin, John) |
CLERK'S NOTICE OF CORRECTION re #55 Memorandum in Support; All related filings to motion should be linked back to the original motion. Court staff has made the correction. (jla) |
Filing 55 MEMORANDUM IN SUPPORT re #54 Response in Opposition to Motion re #48 MOTION for Judgment on the Pleadings filed by Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) Modified on 11/8/2021 (jla). |
Filing 54 RESPONSE in Opposition re #48 MOTION for Judgment on the Pleadings filed by Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) |
Filing 53 MOTION for Extension of Time to File Response/Reply as to #48 MOTION for Judgment on the Pleadings (Unopposed) by Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) |
CLERK'S NOTICE OF CORRECTION re #51 MOTION for Extension of Time to File Response/Reply as to #48 MOTION for Judgment on the Pleadings (Unopposed); Section 5(B) of Administrative Procedures for ECF states proposed orders are not to be filed as an attachment to a pleading. (jla) |
Filing 52 ORDER granting #51 Motion for Extension of Time to File Response re #48 MOTION for Judgment on the Pleadings Response due by 10/29/2021. Signed by Senior Judge Neal B. Biggers on 10/15/2021. (llw) |
Filing 51 MOTION for Extension of Time to File Response/Reply as to #48 MOTION for Judgment on the Pleadings (Unopposed) by Misemer Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Proposed Order) (Anzenberger, Timothy) |
Filing 50 ORDER STAYING CASE. Signed by Magistrate Judge Roy Percy on 10/4/2021. (yf) |
Filing 49 MEMORANDUM IN SUPPORT re #48 MOTION for Judgment on the Pleadings filed by Virtus Pharmaceuticals, LLC. (Mauldin, John) |
Filing 48 MOTION for Judgment on the Pleadings by Virtus Pharmaceuticals, LLC. (Mauldin, John) |
Filing 47 MOTION to Withdraw #4 Memorandum in Support, #3 MOTION for Preliminary Injunction by Arun Kapoor, Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) |
Filing 46 ANSWER to #27 Answer to Amended Complaint,,,, Third Party Complaint,,,, Counterclaim,,, , ANSWER to #27 Answer to Amended Complaint,,,, Third Party Complaint,,,, Counterclaim,,, by Arun Kapoor, Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) |
Filing 45 ORDER Governing Pretrial Conference and Preparation of Final Pretrial Order. Signed by Magistrate Judge Roy Percy on 9/10/2021. (rtc) |
Filing 44 NOTICE of Conference: Final Pretrial Conference set for 9/9/2022 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. (rtc) |
Filing 43 NOTICE of Trial: MVD Jury Trial set for 10/17/2022 09:30 AM in Oxford Courtroom 3 West before Senior Judge Neal B. Biggers. (kbt) |
Filing 42 ORDER regarding settlement conference. Signed by Magistrate Judge Roy Percy on 9/9/21. (rtc) |
Filing 41 CASE MANAGEMENT ORDER. Final Pretrial Conference set for 9/9/2022 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. Discovery due by 5/27/2022. Amendments/Joinder of Parties due by 10/22/2021. Plaintiffs Designation of Experts due by 2/28/2022. Defendants Designation of Experts due by 3/28/2022. Motions due by 6/17/2022. Settlement Conference set for 1/7/2022 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 9/9/2021. (rtc) |
Filing 40 Minute Entry for proceedings held before Magistrate Judge Roy Percy: Case Management Conference held on 9/9/2021. (rtc) |
Filing 39 NOTICE OF SERVICE of Disclosure of Core Information by John Andrew Mauldin on behalf of Virtus Pharmaceuticals, LLC to Plaintiffs/Counter-Defendants. (Mauldin, John) |
Filing 38 NOTICE of Attorney Appearance by Michael A. Petrino on behalf of Virtus Pharmaceuticals, LLC (Petrino, Michael) |
Filing 37 NOTICE of Attorney Appearance by Joshua Elliott on behalf of Virtus Pharmaceuticals, LLC (Elliott, Joshua) |
Filing 36 ORDER granting #34 Motion to Appear Pro Hac Vice; Attorney Joshua Elliot. Signed by Magistrate Judge Roy Percy on 9/1/2021. (yf) |
Filing 35 ORDER granting #25 Motion to Appear Pro Hac Vice; Attorney Michael A. Petrino. Signed by Magistrate Judge Roy Percy on 8/31/2021. (yf) |
Filing 34 MOTION to Appear Pro Hac Vice ; Attorney Joshua Elliott,(Paid $150 PHV fee; receipt number AMSNDC-1992690) by Virtus Pharmaceuticals, LLC. (Attachments: #1 Exhibit Certificate of Good Standing) (Mallette, Pope) |
Filing 33 EXHIBIT re #25 MOTION to Appear Pro Hac Vice ; Attorney Michael A. Petrino,(Paid $150 PHV fee; receipt number AMSNDC-1985755) . (Mallette, Pope) |
Filing 32 Summons Issued as to Arun Kapoor. Returned to attorney by email for service. (jwr) |
Filing 31 ORDER granting #28 Motion to Seal. Signed by Magistrate Judge Roy Percy on 8/26/21. (jla) |
Filing 30 CORPORATE STATEMENT . (Mallette, Pope) |
Filing 29 MEMORANDUM IN SUPPORT re #28 MOTION to Seal Exhibits filed by Virtus Pharmaceuticals, LLC. (Mallette, Pope) |
Filing 28 MOTION to Seal Exhibits by Virtus Pharmaceuticals, LLC. (Mallette, Pope) |
Filing 27 ANSWER to #24 Amended Complaint, , THIRD PARTY COMPLAINT against Arun Kapoor, COUNTERCLAIM against Misemer Pharmaceuticals, Inc. by Virtus Pharmaceuticals, LLC. (Attachments: #1 Exhibit 1 - To Be Filed Under Seal, #2 Exhibit 2 - To Be Filed Under Seal, #3 Exhibit 3 - To Be Filed Under Seal, #4 Exhibit 4 - To Be Filed Under Seal, #5 Exhibit 5 - Belcher - Misemer Agreement, #6 Exhibit 6 - Apr. 7, 2021 Belcher Letter, #7 Exhibit 7 - To Be Filed Under Seal) (Mauldin, John) Modified on 8/25/2021 (jwr). (Additional attachment(s) added on 8/30/2021: #8 Exhibit SEALED Exhibit 1 - Virtus Belcher Supply Agreement (Reduced), #9 Exhibit SEALED Exhibit 2 - Letter Agreement CONF, #10 Exhibit SEALED Exhibit 3 - First Amendment CONF, #11 SEALED Exhibit 4 - Second Amendment CONF, #12 Exhibit SEALED Exhibit 7 - April 19 2021 Misemer Letter CONF) (jla). |
CLERK'S CAUTION Attorney acknowledges using login credentials of firm attorney instead of signing attorney. Due to nature of filing, no re-filing required re #27 Answer to Amended Complaint,,, Third Party Complaint,,, Counterclaim,, (tab) Modified on 8/24/2021 (tab). |
Filing 26 TEXT ONLY ORDER requiring telephonic case management conference. Counsel should call conference line 888-363-4735 (participant number 4317261) at previously scheduled time. There will be no in-person attendance permitted. No further written order shall issue from the court. Signed by Magistrate Judge Roy Percy on 08/23/2021. (no document attached) (rtc) |
CLERK'S NOTICE OF CORRECTION re #25 MOTION to Appear Pro Hac Vice ; Attorney Michael A. Petrino,(Paid $150 PHV fee; receipt number AMSNDC-1985755): Please provide a Certificate of Good Standing from Virginia and file using the civil event "Exhibits to Other Document". (jwr) |
Filing 25 MOTION to Appear Pro Hac Vice ; Attorney Michael A. Petrino,(Paid $150 PHV fee; receipt number AMSNDC-1985755) by Virtus Pharmaceuticals, LLC. (Attachments: #1 Exhibit Certificate of Good Standing) (Mallette, Pope) |
Filing 24 AMENDED COMPLAINT against Virtus Pharmaceuticals, LLC,, filed by Misemer Pharmaceuticals, Inc.. (Attachments: #1 "A" - November 25 Letter, #2 Exhibit "B" - Notice Letter, #3 Exhibit "C" - Cease and Desist Letter, #4 Exhibit "D" - Termination Letter) (Anzenberger, Timothy) |
Filing 23 STIPULATION of Dismissal . (Anzenberger, Timothy) |
Filing 22 ORDER granting #21 Motion for Extension of Time to File Response/Reply re #3 MOTION for Preliminary Injunction . Responses due by 8/13/2021. Signed by Magistrate Judge Roy Percy on 8/6/2021. (yf) |
Set/Reset Deadlines: Virtus Pharmaceuticals, LLC answer due 8/13/2021. Pursuant to Order #22 . (yf) |
Filing 21 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, #3 MOTION for Preliminary Injunction (Unopposed) by Virtus Pharmaceuticals, LLC. (Mallette, Pope) |
Set/Reset Deadlines as to #3 MOTION for Preliminary Injunction . Responses due by 8/6/2021; pursuant to ORDER #19 . (jla) |
Filing 20 NOTICE of Conference: Case Management Conference reset for 9/9/2021 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. (yf) |
Filing 19 ORDER granting Extension of Time. Virtus Pharmaceuticals, LLC answer due 8/6/2021. Virtus Pharmaceuticals, LLC, Response re #3 Motion for Preliminary Injunction due 8/6/2021. Signed by Magistrate Judge Roy Percy on 7/22/2021. (yf) |
Set/Reset Deadlines: Virtus Pharmaceuticals, LLC answer due 7/22/2021. (jla) |
Filing 18 ORDER granting #17 Motion for Extension of Time to File. Response re #3 MOTION for Preliminary Injunction due by 7/22/2021. Signed by Magistrate Judge Roy Percy on 7/16/2021. (yf) |
Filing 17 Second MOTION for Extension of Time to File Response/Reply as to #1 Complaint, #3 MOTION for Preliminary Injunction (Unopposed) by Virtus Pharmaceuticals, LLC. (Mallette, Pope) |
Filing 16 ORDER granting #15 Motion for Extension of Time. Signed by Magistrate Judge Roy Percy on 7/2/2021. (yf) |
CLERK'S NOTICE OF CORRECTION re #15 MOTION for Extension of Time (Unopposed); All related filings to motion should be linked back to the original motion. Court staff has made the correction. (jla) |
Filing 15 MOTION for Extension of Time to File Response/Reply re #1 COMPLAINT, #3 MOTION for Preliminary Injunction (Unopposed) by Virtus Pharmaceuticals, LLC. (Mallette, Pope) Modified on 7/1/2021 (jla). |
Filing 14 INITIAL ORDER - RULE 16.1 Case Management Conference set for 8/11/2021 10:00 AM in Oxford Tele-Conference before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 6/30/2021. (rtc) |
Filing 13 CORPORATE STATEMENT . (Mayo, J.) |
Filing 12 NOTICE of Attorney Appearance by John Andrew Mauldin on behalf of Virtus Pharmaceuticals, LLC (Mauldin, John) |
Filing 11 NOTICE of Attorney Appearance by Pope S. Mallette on behalf of Virtus Pharmaceuticals, LLC (Mallette, Pope) |
Filing 10 NOTICE of Attorney Appearance by J. Cal Mayo, Jr on behalf of Virtus Pharmaceuticals, LLC (Mayo, J.) |
Filing 9 CLERK'S NOTICE of Past Due Answer as to Virtus Pharmaceuticals, LLC (jla) |
Filing 8 SUMMONS Returned Executed by Michael Scott Jones on behalf of Misemer Pharmaceuticals, Inc., Arun Kapoor Virtus Pharmaceuticals, LLC served on 6/3/2021. (Jones, Michael) |
Filing 7 ORDER granting #5 Motion to Seal Document. Signed by Magistrate Judge Roy Percy on 6/11/2021. (jwr) |
Filing 6 MEMORANDUM IN SUPPORT of Plaintiffs' #5 Motion to Seal Exhibits filed by Arun Kapoor, Misemer Pharmaceuticals, Inc. (Jones, Michael) Modified on 6/11/2021 to link to motion (jwr). |
Filing 5 MOTION to Seal Document (Exhibits) by Arun Kapoor, Misemer Pharmaceuticals, Inc.. (Jones, Michael) |
Filing 4 MEMORANDUM IN SUPPORT re #3 MOTION for Preliminary Injunction filed by Arun Kapoor, Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) |
Filing 3 MOTION for Preliminary Injunction by Arun Kapoor, Misemer Pharmaceuticals, Inc.. (Anzenberger, Timothy) |
Filing 2 Summons Issued as to Virtus Pharmaceuticals, LLC; emailed to Attorney for service. (jla) |
Filing 1 COMPLAINT, Filing fee $ 402, receipt number AMSNDC-1951362, filed by Misemer Pharmaceuticals, Inc., Arun Kapoor. (Attachments: #1 Exhibit A - Arbitration Demand, #2 Exhibit B - Virtus Agreement, #3 Exhibit C - Misemer Agreement, #4 Exhibit D - November 25 Letter, #5 Exhibit E - Notice Letter, #6 Exhibit F - Cease and Desist Letter, #7 Civil Cover Sheet) (jla) |
NOTICE OF ASSIGNMENT. Case assigned to Judge Biggers and Magistrate Judge Percy. (jla) |
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