Direct Biologics v. Kimera Labs, Inc.
Plaintiff: Direct Biologics
Defendant: Kimera Labs, Inc.
Case Number: 4:2018cv02039
Filed: December 6, 2018
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Henry Edward Autrey
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2019 Opinion or Order Filing 37 AMENDED COMPLAINT (Corrected) against defendant Direct Biologics Jury demand, (Corrected), filed by Direct Biologics.(Press, Allen)
January 31, 2019 Opinion or Order Filing 36 AMENDED COMPLAINT against defendant Direct Biologics Jury demand, , filed by Direct Biologics.(Press, Allen)
January 11, 2019 Opinion or Order Filing 35 SURREPLY to Motion re #18 MOTION for Preliminary Injunction filed by Defendant Kimera Labs, Inc.. (Attachments: #1 Exhibit Affidavit of Ross with exhibits)(Greenberg, Michelle)
January 8, 2019 Opinion or Order Filing 34 SURREPLY to Motion re #18 MOTION for Preliminary Injunction filed by Defendant Kimera Labs, Inc.. (KJS)
January 8, 2019 Opinion or Order Filing 33 Docket Text ORDER: Re: #32 MOTION for Leave to File sur-reply by Defendant Kimera Labs, Inc.. (Attachments: # 1 Exhibit Email)(Greenberg, Michelle) filed by Kimera Labs, Inc. ; LEAVE TO FILE SUR-REPLY IS GRANTED. Signed by District Judge Henry Edward Autrey on 1/8/19. (KJS)
January 7, 2019 Opinion or Order Filing 32 MOTION for Leave to File sur-reply by Defendant Kimera Labs, Inc.. (Attachments: #1 Exhibit Email)(Greenberg, Michelle)
January 4, 2019 Opinion or Order Filing 31 REPLY to Response to Motion re #18 MOTION for Preliminary Injunction filed by Plaintiff Direct Biologics. (Attachments: #1 Exhibit Bruce Middleton Declaration, #2 Exhibit Test Report, #3 Exhibit July 208 Email, #4 Exhibit Annual Report, #5 Exhibit Facebook Post, #6 Exhibit Facebook Post, #7 Exhibit September 2018 Text Messages, #8 Exhibit December 2018 Email, #9 Exhibit Mark Adams Declaration)(Press, Allen)
January 2, 2019 Opinion or Order Filing 30 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Kimera Labs, Inc. Sent To: State Court - Executed (Greenberg, Michelle)
January 2, 2019 Opinion or Order Filing 29 Docket Text ORDER: Re: #26 MOTION for Extension of Time to File Response/Reply by Plaintiff Direct Biologics. (Press, Allen) filed by Direct Biologics ; ADDITIONAL TIME IS GRANTED UP TO AND INCLUDING JANUARY 4, 2019. Signed by District Judge Henry Edward Autrey on 1/2/19. (KJS)
January 2, 2019 Opinion or Order Filing 28 REPLY to Response to Motion re #26 MOTION for Extension of Time to File Response/Reply filed by Plaintiff Direct Biologics. (Press, Allen)
December 28, 2018 Opinion or Order Filing 27 MEMORANDUM in Opposition re #26 MOTION for Extension of Time to File Response/Reply filed by Defendant Kimera Labs, Inc.. (Attachments: #1 Affidavit Declaration of Counsel, #2 Exhibit Exhibit 1 to Declaration of Counsel, #3 Exhibit Exhibit 2 to Declaration of Counsel)(Levitt, Jonathan)
December 28, 2018 Opinion or Order Filing 26 MOTION for Extension of Time to File Response/Reply by Plaintiff Direct Biologics. (Press, Allen)
December 21, 2018 Opinion or Order Filing 25 MEMORANDUM in Opposition re #18 MOTION for Preliminary Injunction filed by Defendant Kimera Labs, Inc.. (Attachments: #1 Affidavit Affidavit of Duncan Ross, #2 Exhibit Exhibit A - Ross Affidavit, #3 Exhibit Exhibit B - Ross Affidavit, #4 Exhibit Exhibit C - Ross Affidavit, #5 Exhibit Exhibit D - Ross Affidavit, #6 Exhibit Exhibit E - Ross Affidavit, #7 Exhibit Exhibit F - Ross Affidavit, #8 Exhibit Exhibit G - Ross Affidavit, #9 Exhibit Exhibit H - Ross Affidavit)(Greenberg, Michelle)
December 20, 2018 Opinion or Order Filing 24 OPINION, MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion to Remand, [Doc. No. #2 ] is DENIED.. Signed by District Judge Henry Edward Autrey on 12/20/2018. (AAS)
December 17, 2018 Opinion or Order Filing 23 OPINION, MEMORANDUM AND ORDER - The Temporary Restraining Order [Doc. No. #5 ] remains in effect until December 31, 2018 at 9:00 A.M. The bond will remain as the bond for the extension of the Temporary Restraining Order. Signed by District Judge Henry Edward Autrey on 12/17/2018. (AAS)
December 14, 2018 Opinion or Order Filing 22 SURREPLY to Motion re #2 MOTION to Remand Case to State Court filed by Defendant Kimera Labs, Inc.. (Attachments: #1 Exhibit Sur-reply)(Levitt, Jonathan)
December 14, 2018 Opinion or Order Filing 21 Docket Text ORDER: Re: #16 MOTION for Leave to Appear Pro Hac Vice Michelle L. Greenberg. Esq.. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6924562) by Defendant Kimera Labs, Inc.. (Attachments: # 1 Certificate of Good Standing Certificate of Good Standing)(Greenberg, Michelle) filed by Kimera Labs, Inc. ; ORDERED SO ORDERED HEA. Signed by District Judge Henry Edward Autrey on 12/14/18. (CLA)
December 14, 2018 Opinion or Order Filing 20 REPLY to Response to Motion re #2 MOTION to Remand Case to State Court filed by Plaintiff Direct Biologics. (Press, Allen)
December 14, 2018 Opinion or Order Filing 19 MEMORANDUM in Support of Motion re #18 MOTION for Preliminary Injunction filed by Plaintiff Direct Biologics. (Attachments: #1 Exhibit Contract, #2 Exhibit Affidavit of B. Middleton, #3 Exhibit Email, #4 Exhibit Affidavit of E. Schmidt)(Press, Allen)
December 14, 2018 Opinion or Order Filing 18 MOTION for Preliminary Injunction by Plaintiff Direct Biologics. (Press, Allen)
December 13, 2018 Opinion or Order Filing 17 MEMORANDUM in Opposition re #2 MOTION to Remand Case to State Court filed by Defendant Kimera Labs, Inc.. (Attachments: #1 Affidavit Declaration of Jonathan E. Levitt, #2 Exhibit Exhibit 1 4/16 Agreement, #3 Exhibit Exhibit 2 Plaintiff's Petition)(Levitt, Jonathan)
December 13, 2018 Opinion or Order Filing 16 MOTION for Leave to Appear Pro Hac Vice Michelle L. Greenberg. Esq.. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6924562) by Defendant Kimera Labs, Inc.. (Attachments: #1 Certificate of Good Standing Certificate of Good Standing)(Greenberg, Michelle)
December 12, 2018 Opinion or Order Filing 15 REPLY to Response to Motion re #6 MOTION for Temporary Restraining Order to Extend Temporary Restraining Order filed by Plaintiff Direct Biologics. (Attachments: #1 Exhibit Motion for TRO, #2 Exhibit Reply to Motion for TRO)(Press, Allen)
December 12, 2018 Opinion or Order Filing 14 DECLARATION filed by Defendant Kimera Labs, Inc. re #13 Memorandum in Opposition to Motion . (Attachments: #1 Exhibit Exhibit 1 - TRO Application, #2 Exhibit Exhibit 2 - Ross Affidavit, #3 Exhibit Exhibit 3 - Screenshots, #4 Exhibit Exhibit 4 - Order (Dunne), #5 Exhibit Exhibit 5 - Ross email)(Levitt, Jonathan)
December 12, 2018 Opinion or Order Filing 13 MEMORANDUM in Opposition re #6 MOTION for Temporary Restraining Order to Extend Temporary Restraining Order filed by Defendant Kimera Labs, Inc.. (Levitt, Jonathan)
December 12, 2018 Opinion or Order Filing 12 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Kimera Labs, Inc. Sent To: State Court - Executed (Attachments: #1 Exhibit Exhibit A - FILED Notice of Removal)(Levitt, Jonathan)
December 11, 2018 Opinion or Order Filing 11 ORDER IT IS HEREBY ORDERED that Doc #10 is stricken and Defendant is ordered to file a proper memorandum in opposition to Doc. #6, Plaintiffs Motion for a Temporary Restraining Order, within 24 hours of the entry of this order.IT IS FURTHER ORDERED that the failure to file said memorandum in opposition will result in the granting of the motion to extend the temporary restraining order. Signed by District Judge Henry Edward Autrey on 12/11/18. (CLA)
December 7, 2018 Opinion or Order Filing 10 MEMORANDUM in Opposition re #6 MOTION for Temporary Restraining Order to Extend Temporary Restraining Order filed by Defendant Kimera Labs, Inc.. (Levitt, Jonathan)
December 7, 2018 Opinion or Order Filing 9 REASSIGNMENT ORDER (GJL). The above styled and numbered case was removed from St. Louis County Circuit Court on December 6, 2018. Due to a clerical error, this case was assigned to the Honorable Jean C. Hamilton, United States District Judge and must be reassigned. Accordingly, IT IS THEREFORE ORDERED that the above-styled cause is randomly reassigned to the Honorable Henry E. Autrey, United States District Judge. (JWD)
December 7, 2018 Opinion or Order Filing 8 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Kimera Labs, Inc.. Parent companies: none, Subsidiaries: none, Publicly held company: none,. (BAK)
December 7, 2018 Opinion or Order Filing 7 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Kimera Labs, Inc.. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Original Filing Form Original Filing Form)(Levitt, Jonathan)
December 7, 2018 Opinion or Order Filing 6 MOTION for Temporary Restraining Order to Extend Temporary Restraining Order by Plaintiff Direct Biologics. (Press, Allen)
December 7, 2018 Opinion or Order Filing 5 TEMPORARY RESTRAINING ORDER - Signed by Circuit Court Judge Ellen Dunne on November 30, 2018 (BAK)
December 7, 2018 Opinion or Order Filing 4 Petition (Removal/Transfer) Received From: Circuit Court, St. Louis County, Missouri, filed by Direct Biologics.(BAK)
December 7, 2018 Opinion or Order Case Opening Notification: All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. District Judge Jean C. Hamilton. Defendant's attorney notified to file Civil Cover Sheet, Original Filing Form and Notice to Plaintiff of Removal. (BAK)
December 6, 2018 Opinion or Order Filing 3 MEMORANDUM in Support of Motion re #2 MOTION to Remand Case to State Court filed by Plaintiff Direct Biologics. (Press, Allen)
December 6, 2018 Opinion or Order Filing 2 MOTION to Remand Case to State Court by Plaintiff Direct Biologics. (Press, Allen)
December 6, 2018 Opinion or Order Filing 1 NOTICE OF REMOVAL from Circuit Court St. Louis County, case number 18sl-cc04377, with receipt number 0865-6909953, in the amount of $400 Non-Jury Demand,, filed by Kimera Labs, Inc.. (Attachments: #1 Exhibit Exhibit A - Motion, #2 Exhibit Exhibit B - Opposition, #3 Exhibit Exhibit C - Reply in Further Support, #4 Exhibit Exhibit D - Order, #5 Exhibit Exhibit E - Petition, #6 Exhibit Exhibit F - E-mails)(Levitt, Jonathan) (Additional attachment(s) added on 12/7/2018: #7 Civil Cover Sheet, #8 Original Filing Form) (BAK).

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Defendant: Kimera Labs, Inc.
Represented By: Jonathan E. Levitt
Represented By: Michelle Lynn Greenberg
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Plaintiff: Direct Biologics
Represented By: Allen P. Press
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