Procaps Laboratories, Inc. v. GH Express Cali Inc. et al
| Procaps Laboratories, Inc. |
| GH Express Cali Inc., Beitler Trucking Inc., Beitler Final Mile LLC, W.J. Beitler Co, Beitler Logistics Services, Inc. and Manjinder Kaur doing business as GH Express |
| 2:2021cv02016 |
| November 8, 2021 |
| US District Court for the District of Nevada |
| Jennifer A Dorsey |
| Cristina D Silva |
| Brenda Weksler |
| Other Statutory Actions |
| 49 U.S.C. § 81 Damaged Goods While Being Transported |
| Defendant |
Docket Report
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Filing 73
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 2/15/2023. Regarding ECF No. #72 Defendants' Motion to Extend Discovery Deadlines: Motion hearing is set for 3/9/2023 at 11:00 a.m. by Zoom video conference before Magistrate Judge Brenda Weksler. To obtain a Zoom invitation, parties are kindly directed to contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day before the hearing but no sooner than one week before the hearing.(no image attached) (Copies have been distributed pursuant to the NEF - RA)
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Filing 72
Third MOTION to Extend Time (Third Request) 51 re 51 Order on Motion to Extend/Shorten Time,,,,, Motion Hearing,,,, by Defendants GH Express Cali Inc., Manjinder Kaur, Counter Claimants GH Express Cali Inc., Manjinder Kaur. Responses due by 2/28/2023. (Attachments: #1 Declaration Declaration of Jeff Reich in Support of Motion, #2 Certificate of Service Certification of Service)(Reich, Jeffrey) (discovery)
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Filing 71
RESPONSE to #69 Order on Motion to Extend/Shorten Time, by Defendants GH Express Cali Inc., Manjinder Kaur, Counter Claimants GH Express Cali Inc., Manjinder Kaur. (Reich, Jeffrey)
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Filing 70
NOTICE of Association of Counsel Designation of Local Counsel by Jeffrey Reich on behalf of Defendants GH Express Cali Inc., Manjinder Kaur, Counter Claimants GH Express Cali Inc., Manjinder Kaur. 69 (Reich, Jeffrey) Modified text on 1/17/2023 (EDS).
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Filing 69
ORDER Granting #68 Motion to Extend Time. Status Report due by 1/13/2023. Signed by Magistrate Judge Brenda Weksler on 1/3/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 68
Second MOTION to Extend Time (Second Request) re #67 Order on Motion,,, by Defendants GH Express Cali Inc., Manjinder Kaur, Counter Claimants GH Express Cali Inc., Manjinder Kaur. Responses due by 1/12/2023. (Reich, Jeffrey) (presiding)
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Filing 67
ORDER Granting #65 Motion To Extend the Time Within Which Defendants Must Engage Local Counsel re #59 Order on Motion to Withdraw as Attorney. Status Report due by 12/30/2022. Signed by Magistrate Judge Brenda Weksler on 12/19/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 66
CERTIFICATE OF SERVICE for #65 Motion, by Defendants GH Express Cali Inc., Manjinder Kaur, Counter Claimants GH Express Cali Inc., Manjinder Kaur.. (Reich, Jeffrey)
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Filing 65
MOTION To Extend the Time Within Which Defendants Must Engage Local Counsel re #59 Order on Motion to Withdraw as Attorney,,, by Defendants GH Express Cali Inc., Manjinder Kaur, Counter Claimants GH Express Cali Inc., Manjinder Kaur. Responses due by 12/30/2022. (Reich, Jeffrey) (misc) (attorney)
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Filing 64
RESPONSE to #61 Motion to Strike, by Plaintiff Procaps Laboratories, Inc.. Replies due by 12/21/2022. (Attachments: #1 Exhibit 1)(Infuso, Michael)
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Filing 63
ORDER.IT IS ORDERED that the Clerk of Court shall remove Amy J. Smith from the electronic service list for this case. Signed by Magistrate Judge Brenda Weksler on 12/7/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 62
NOTICE of Revocation of Designation to Serve as Associate Resident Nevada Counsel in this Case by GH Express Cali Inc... (Attachments: #1 Exhibit A)(Smith, Amy)
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Filing 61
MOTION to Strike #53 Reply by Defendants GH Express Cali Inc., Manjinder Kaur, Counter Claimant GH Express Cali Inc.. Responses due by 12/16/2022. (Attachments: #1 Declaration Declaration of Jeff Reich in Support of Motion, #2 Certificate of Service Certification of Service)(Reich, Jeffrey) (dispositive)
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Filing 60
Certificate of Mailing re #59 Order on Motion to Withdraw as Attorney by Defendant GH Express Cali Inc. (Smith, Amy) Modified text and event on 12/6/2022 (EDS).
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Filing 59
ORDER Granting #54 Motion to Withdraw as Attorney. Amy Smith withdrawn from the case. IT IS FURTHER ORDERED that lead counsel must associate with another Nevada attorney under LR IA 11-2(d) by 12/16/2022. IT IS FURTHER ORDERED that counsel Amy Smith must serve a copy of this motion and order on her clients. Signed by Magistrate Judge Brenda Weksler on 12/1/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 58
REPLY to Response to #54 Motion to Withdraw as Attorney by Defendant GH Express Cali Inc.. (Smith, Amy)
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Filing 57
TRANSCRIPT of Proceedings, 51 Order on Motion to Extend/Shorten Time, Motion Hearing, held on 10/19/2022, before Magistrate Judge Brenda Weksler. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 11:08 a.m. - 11:49 a.m.. Any Redaction Request is due by 12/22/2022. Redacted Transcript Deadline is set for 1/1/2023. Release of the Transcript Restriction is set for 3/1/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
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Filing 56
RESPONSE to #54 Motion to Withdraw as Attorney by Plaintiff Procaps Laboratories, Inc.. Replies due by 12/7/2022. (Infuso, Michael)
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Filing 55
EXHIBIT 1 to #54 Motion to Withdraw as Attorney by Defendant Manjinder Kaur. (Smith, Amy)
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Filing 54
First MOTION to Withdraw as Attorney by Amy Smith for Defendant Manjinder Kaur. Responses due by 12/12/2022. (Smith, Amy)
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Filing 53
REPLY to Response to #50 Motion for Summary Judgment, by Plaintiff Procaps Laboratories, Inc.. (Attachments: #1 Exhibit 5 thru 8)(Infuso, Michael)
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Filing 52
RESPONSE to #50 Motion for Summary Judgment, by Defendant Manjinder Kaur. Replies due by 11/11/2022. (Smith, Amy)
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Filing 51
MINUTES OF PROCEEDINGS - Motion Hearing held on 10/19/2022 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Michael Infuso, Esq.; Def Counsel: Amy Smith, Esq., Jeffrey Reich, Esq.; Time of Hearing: 11:00am; Electronic Court Recorder Operator: Liberty/CRD; Recording start and end times: 11:08:12 - 11:49:45; Courtroom: 3A; Defense Counsel appears via videoconference for these proceedings. The Court scheduled this hearing regarding Defendant's Second Motion for Extension of Discovery Deadlines #47 . The Court hears the arguments of Counsel. IT IS ORDERED: Defendant's Second Motion for Extension of Discovery Deadlines #47 is GRANTED. Discovery expires 2/20/2023, Expert Disclosures due 12/19/2022, Rebuttal Experts due 1/19/2023, Dispositive Motions due by 3/19/2023, and the Proposed Joint Pretrial Order due by 4/19/2023 or 30 days after the final dispositive motion is ruled on. (no image attached) (Copies have been distributed pursuant to the NEF - JAM)
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Filing 50
First MOTION for Summary Judgment Against Defendants by Plaintiff Procaps Laboratories, Inc., Counter Defendant Procaps Laboratories, Inc.. Responses due by 10/28/2022. (Attachments: #1 Exhibit Exhibits 1a-c-4)(Infuso, Michael)
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Filing 49
RESPONSE to #47 Motion to Extend/Shorten Time, by Plaintiff Procaps Laboratories, Inc., Counter Defendant Procaps Laboratories, Inc.. (Attachments: #1 Exhibit Exhibits 1-21)(Infuso, Michael)
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Filing 48
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/30/2022. Regarding ECF No. #47 Defendants' Motion to Extend Discovery Deadlines: Motion hearing is set for 10/19/2022 at 11:00 a.m. in LV Courtroom 3B by Zoom video conference before Magistrate Judge Brenda Weksler. To obtain a Zoom invitation, parties are kindly directed to contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day before the hearing but no sooner than one week before the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - RA)
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Filing 47
Second MOTION to Extend Time (Second Request) for Discovery re 46 Order on Motion to Extend/Shorten Time,,, Minute Order,, by Defendant GH Express Cali Inc.. Responses due by 10/3/2022. (Attachments: #1 Exhibit Exhibits in Support of Motion to Extend Discovery A-D)(Smith, Amy) (discovery)
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Filing 46
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/9/2022. IT IS ORDERED that ECF No. #45 Defendants' Motion to Extend Discovery Deadlines is DENIED without prejudice. The parties are to meet and confer by 9/16/2022 about extending discovery deadlines. If they cannot reach an agreement and are truly at an impasse, Defendants may refile their motion. Alternatively, if the parties can reach an agreement, they may file a stipulation. (no image attached) (Copies have been distributed pursuant to the NEF - RA)
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Filing 45
First MOTION to Extend Time (First Request) for Discovery re #31 Order on Discovery Plan and Scheduling Order, by Defendant GH Express Cali Inc.. Responses due by 9/22/2022. (Attachments: #1 Exhibit Exhibits in Support of Motion to Extend Discovery A-D)(Smith, Amy) (discovery)
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Filing 44
ANSWER to #42 Answer to Amended Complaint,, Counterclaim, filed by Procaps Laboratories, Inc..(Infuso, Michael)
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Filing 43
CLERK'S NOTICE re #42 First Amended Answer filed by attorney Amy J. Smith. Document is not in compliance with ECF NO. 29 Clerk's Notice, which states: All further documents must bear the correct case number 2:21-cv-02016-CDS-BNW. Counsel is advised to correct the case number before filing any future documents. No further action is required at this time. Do not refile document. (no image attached) (SLD)
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Filing 42
First Amended ANSWER to #1 Complaint #34 Amended Complaint with Jury Demand , Second COUNTERCLAIM against All Plaintiffs filed by GH Express Cali Inc. and Manjinder Kaur. (Smith, Amy) Modified on 8/15/2022 to relink document and add filing party (SLD).
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Filing 41
SUMMONS Returned Executed by Procaps Laboratories, Inc. re #1 Complaint, #37 Summons Issued. Manjinder Kaur served on 7/22/2022. (Infuso, Michael)
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Filing 40
ERRATA to #34 Amended Complaint by Plaintiff Procaps Laboratories, Inc., Counter Defendant Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 39
CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Jeffrey Reich is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration for CM/ (no image attached) (DRS)
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Filing 38
SECOND NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Shane Reich to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 7/11/2022. (no image attached) (DRS)
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Filing 37
SUMMONS ISSUED as to Manjinder Kaur. (DRS)
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Filing 36
PROPOSED SUMMONS to be issued MANJINDER KAUR DBA GH EXPRESS by Plaintiff Procaps Laboratories, Inc., Counter Defendant Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 35
ORDER Granting #33 Stipulation for Leave to file Amended Complaint. Signed by Magistrate Judge Brenda Weksler on 6/23/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 34
AMENDED COMPLAINT against GH Express Cali Inc., Manjinder Kaur by Procaps Laboratories, Inc.. Adds new parties. (Attachments: #1 Exhibit 1-2) (Infuso, Michael)
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Filing 33
STIPULATION AND ORDER FOR LEAVE FOR PLAINTIFF TO FILE AN AMENDED COMPLAINT by Plaintiff Procaps Laboratories, Inc., Counter Defendant Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 32
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (JQC)
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Filing 31
SCHEDULING ORDER Granting in part and Denying in part #30 Discovery Plan and Scheduling Order. Discovery due by 9/20/2022. Motions due by 10/20/2022. Proposed Joint Pretrial Order due by 11/18/2022. Signed by Magistrate Judge Brenda Weksler on 4/25/2022.(Copies have been distributed pursuant to the NEF - JQC)
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Filing 30
Stipulated Discovery Plan and Scheduling Order by Plaintiff Procaps Laboratories, Inc., Counter Defendant Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 29
CLERK'S NOTICE that in order to create a caseload for U.S. District Judge Cristina D. Silva, this case is reassigned to Judge Cristina D. Silva for all further proceedings. All further documents must bear the correct case number 2:21-cv-02016-CDS-BNW. (no image attached) (AF)
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Filing 28
RESPONSE to #27 Answer to Complaint,, Counterclaim, by Plaintiff Procaps Laboratories, Inc., Counter Defendant Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 27
ANSWER to #1 Complaint, with Jury Demand (, Discovery Plan/Scheduling Order due by 5/8/2022.), First COUNTERCLAIM against Procaps Laboratories, Inc. by GH Express Cali Inc.. filed by GH Express Cali Inc..(Smith, Amy) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 26
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Jeffrey Reich Shane Reich to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 4/5/2022. (no image attached) (EDS) Modified on 3/22/2022 (EDS).
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Filing 25
CLERK'S NOTICE. Attorney Action Required to ECF No. #20 Complaint. The wrong event was selected. The title of the docket entry does not match the title of the document. Counsel is advised to refile ECF No. #20 using the appropriate docket entry title, Answer, and follow the prompts regarding the entry of the Counterlaim. Document #20 terminated by Clerk's Office as filed in error. (no image attached) (EDS)
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Filing 24
ORDER Granting #23 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jeffrey Reich for GH Express Cali Inc. and approving Designation of Local Counsel Amy Smith. Signed by Judge Jennifer A. Dorsey on 3/22/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 23
First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jeffrey Reich and DESIGNATION of Local Counsel Amy Smith (Filing fee $ 250 receipt number 0978-6836186) by Defendant GH Express Cali Inc.. (Attachments: #1 Exhibit EXHIBIT A Certificate of Standing) (Smith, Amy)
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Filing 22
NOTICE of Appearance by attorney Amy Smith on behalf of Defendant GH Express Cali Inc.. (Smith, Amy)
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Filing 21
CERTIFICATE of Interested Parties by GH Express Cali Inc.. There are no known interested parties other than those participating in the case (Smith, Amy)
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Filing 20
ERROR: Filed in error by counsel. Counsel advised to refile using the correct event. First COMPLAINT against GH Express Cali Inc. (Filing fee $402 receipt number 0978-6835833) by GH Express Cali Inc.. Proof of service due by 6/19/2022. (Smith, Amy) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Party Beitler Trucking Inc., W.J. Beitler Co, Beitler Final Mile LLC and Beitler Logistics Services, Inc. terminated per #19 Notice of Voluntary Dismissal. Each party is to bear their own fees and costs. (KF)
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Filing 19
NOTICE of Voluntary Dismissal by Plaintiff Procaps Laboratories, Inc.. WITHOUT PREJUDICE OF DEFENDANTS BEITLER TRUCKING INC., BEITLER FINAL MILE, LLC, W.J. BEITLER, CO. AND BEITLER LOGISTICS SERVICES INC (Barlow, Keith)
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Filing 18
ORDER Granting #17 Stipulation for Extension of Time. Beitler Final Mile LLC answer due 3/16/2022; Beitler Logistics Services, Inc. answer due 3/16/2022; Beitler Trucking Inc. answer due 3/16/2022; W.J. Beitler Co answer due 3/16/2022. Signed by Magistrate Judge Brenda Weksler on 2/16/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 17
Amended STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint, by Plaintiff Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 16
ORDER Denying without prejudice #15 Stipulation to Extend Time. Signed by Magistrate Judge Brenda Weksler on 2/15/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 15
STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint, by Plaintiff Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 14
NOTICE OF INTENT TO TAKE DEFAULT OF GH EXPRESS CALI INC. by Procaps Laboratories, Inc. re #9 Summons Returned Executed. (Infuso, Michael)
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Filing 13
WAIVER OF SERVICE Returned Executed by Procaps Laboratories, Inc. re #3 Proposed Summons to be issued. Beitler Final Mile LLC waiver sent on 12/15/2021 12/16/2021, answer due 2/14/2022. (Infuso, Michael) Modified on 12/28/2021 (SLD).
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Filing 12
WAIVER OF SERVICE Returned Executed by Procaps Laboratories, Inc. re #5 Proposed Summons to be issued. Beitler Trucking Inc. waiver sent on 12/15/2021 12/16/2021, answer due 2/14/2022. (Infuso, Michael) Modified on 12/28/2021 (SLD).
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Filing 11
WAIVER OF SERVICE Returned Executed by Procaps Laboratories, Inc. re #7 Proposed Summons to be issued. W.J. Beitler Co waiver sent on 12/15/2021 12/16/2021, answer due 2/14/2022. (Infuso, Michael) Modified on 12/28/2021 (SLD).
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Filing 10
WAIVER OF SERVICE Returned Executed by Procaps Laboratories, Inc. re #4 Proposed Summons to be issued. Beitler Logistics Services, Inc. waiver sent on 12/15/2021 12/16/2021, answer due 2/14/2022. (Infuso, Michael) Modified on 12/28/2021 (SLD).
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Filing 9
SUMMONS Returned Executed by Procaps Laboratories, Inc. re #1 Complaint, #6 Proposed Summons to be issued. GH Express Cali Inc. served on 12/7/2021. (Infuso, Michael)
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Filing 8
SUMMONS ISSUED as to Beitler Final Mile LLC, Beitler Logistics Services, Inc., Beitler Trucking Inc., GH Express Cali Inc., W.J. Beitler Co. (JQC)
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Filing 7
PROPOSED SUMMONS to be issued WJ BEITLER COMPANY by Plaintiff Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 6
PROPOSED SUMMONS to be issued GH EXPRESS CALI INC. by Plaintiff Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 5
PROPOSED SUMMONS to be issued BEITLER TRUCKING INC. by Plaintiff Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 4
PROPOSED SUMMONS to be issued BEITLER LOGISTICS by Plaintiff Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 3
PROPOSED SUMMONS to be issued BEITLER FINAL MILE by Plaintiff Procaps Laboratories, Inc.. (Infuso, Michael)
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Filing 2
CERTIFICATE of Interested Parties by Procaps Laboratories, Inc.. There are no known interested parties other than those participating in the case (Infuso, Michael)
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Filing 1
COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6693000) by PROCAPS LABORATORIES, INC.. Proof of service due by 2/6/2022. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-2) (Infuso, Michael) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. (JQC)
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