PACIRA BIOSCIENCES, INC. v. AMERICAN SOCIETY OF ANESTHESIOLOGISTS, INC. et al
| PACIRA BIOSCIENCES, INC. |
| AMERICAN SOCIETY OF ANESTHESIOLOGISTS, INC., NASIR HUSSAIN, BRENDAN SHEEHY, JAMES C. EISENACH, MARY ELLEN McCANN, DAVID L. STAHL, FARAJ W. ABDALLAH, TRISTAN E. WEAVER, BRIAN M. ILFELD, RODNEY A. GABRIEL, RICHARD BRULL, EVAN D. KHARASCH and MICHAEL K. ESSANDOH |
| 2:2021cv09264 |
| April 14, 2021 |
| US District Court for the District of New Jersey |
| Jessica S Allen |
| Madeline Cox Arleo |
| James B Clark |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 59
Letter from Kevin H. Marino to the Honorable Madeline Cox Arleo, U.S.D.J. requesting stay of discovery and expedited hearing date re #57 MOTION to Dismiss for Lack of Jurisdiction , #58 MOTION to Dismiss pursuant to F.R.C.P. 12(b)(6). (MARINO, KEVIN)
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Filing 58
MOTION to Dismiss pursuant to F.R.C.P. 12(b)(6) by FARAJ W. ABDALLAH, AMERICAN SOCIETY OF ANESTHESIOLOGISTS, INC., RICHARD BRULL, JAMES C. EISENACH, RODNEY A. GABRIEL, BRIAN M. ILFELD, EVAN D. KHARASCH, MARY ELLEN McCANN. Responses due by 6/22/2021 (Attachments: #1 Brief, #2 Declaration of Kevin H. Marino, #3 Text of Proposed Order, #4 Certificate of Service)(MARINO, KEVIN)
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Filing 57
MOTION to Dismiss for Lack of Jurisdiction by FARAJ W. ABDALLAH, RICHARD BRULL, JAMES C. EISENACH, RODNEY A. GABRIEL, BRIAN M. ILFELD, MARY ELLEN McCANN. Responses due by 6/22/2021 (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(MARINO, KEVIN)
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Filing 56
Letter from Corinne McCann Trainor to the Hon. Madeline Cox Arleo, U.S.D.J. and the Hon. Jessica S. Allen, U.S.M.J. re #40 Scheduling Order, #43 Transcript,,,. (TRAINOR, CORINNE)
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Filing 55
MOTION to Dismiss for Lack of Jurisdiction by MICHAEL K. ESSANDOH, NASIR HUSSAIN, BRENDAN SHEEHY, DAVID L. STAHL, TRISTAN E. WEAVER. (Attachments: #1 Brief, #2 Declaration of Michael K. Essandoh, #3 Declaration of Nasir Hussain, #4 Declaration of Brendan Sheehy, #5 Declaration of David L. Stahl, #6 Declaration of Tristan E. Weaver, #7 Text of Proposed Order, #8 Certificate of Service)(TRAINOR, CORINNE)
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Filing 54
Corporate Disclosure Statement by AMERICAN SOCIETY OF ANESTHESIOLOGISTS, INC. identifying None as Corporate Parent.. (MARINO, KEVIN)
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Filing 53
ORDER granting #51 Motion to Seal, etc. Signed by Magistrate Judge Jessica S. Allen on 6/10/2021. (ams, )
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Set Deadlines as to #51 MOTION to Seal certain portions of Pacira's Motion for a Preliminary Injunction. Motion set for 7/6/2021 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, )
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Filing 52
REDACTION to #4 Memorandum in Support of Motion,, by PACIRA BIOSCIENCES, INC.. (Attachments: #1 Exhibit 7- [REDACTED], #2 Exhibit 8- [REDACTED], #3 Exhibit 13- [REDACTED], #4 Exhibit 19- [REDACTED], #5 Certificate of Service)(MCDONOUGH, KEVIN)
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Filing 51
MOTION to Seal certain portions of Pacira's Motion for a Preliminary Injunction by PACIRA BIOSCIENCES, INC.. (Attachments: #1 Appendix A, #2 Declaration of Daryl Gaugler in Support of Pacira Biosciences Inc.'s Motion to Seal, #3 Text of Proposed Order, #4 Certificate of Service)(MCDONOUGH, KEVIN)
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Pro Hac Vice counsel, DAVID S. BLOOMFIELD, JR. and KIRSTEN R. FRASER have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (JB, ) Modified on 6/4/2021 (jc, ).
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Filing 50
Notice of Request by Pro Hac Vice Kirsten R. Fraser to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12494434.) (TRAINOR, CORINNE)
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Filing 49
Notice of Request by Pro Hac Vice David S. Bloomfield, Jr. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number BNJDC-12494355.) (TRAINOR, CORINNE)
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Filing 48
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. NASIR HUSSAIN served on 4/29/2021, answer due 5/20/2021; BRENDAN SHEEHY served on 4/29/2021, answer due 5/20/2021. (Attachments: #1 Exhibit A - Affidavit of Attempted Service as to Dr. Nasir Hussain, #2 Exhibit B - Affidavit of Attempted Service as to Dr. Brendan Sheehy, #3 Exhibit C - Cover letters for Dr. Nasir Hussain and Dr. Brendan Sheehy that accompanied the service packages, #4 Exhibit D - Affidavit of Service via Certified Mail on Dr. Nasir Hussain, #5 Exhibit E - Affidavit of Service via Regular Mail on Dr. Nasir Hussain, #6 Exhibit F - Affidavit of Service via Certified Mail on Dr. Brendan Sheehy, #7 Exhibit G - Affidavit of Service via Regular Mail on Dr. Brendan Sheehy, #8 Exhibit H - United States Postal Service tracking information)(MCDONOUGH, KEVIN)
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Filing 47
TEXT ORDER: The Court is in receipt of Plaintiff's letter of 5/14/21 (ECF No. 44), asking whether Plaintiff must file a Motion to Seal and redacted versions of documents submitted under temporary seal (ECF No. 4), in support of the now withdrawn Motion for Preliminary Injunction. The Court is also in receipt of Defendants' respective responses (ECF Nos. 45 & 46). To the extent Plaintiff contends that sealing any such supporting documents is proper under Local Civil Rule 5.3(c), Plaintiff shall file a Motion to Seal that complies with Rule 5.3(c)(3) on or before 6/7/21. The supporting documents (ECF No. 4) shall remain temporarily sealed until the resolution of any filed Motion to Seal. So Ordered by Magistrate Judge Jessica S. Allen on 5/19/21. (jbb)
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Filing 46
Letter from Corinne McCann Trainor to the Hon. Madeline Cox Arleo, U.S.D.J. and the Hon. Jessica S. Allen, U.S.M.J. re #45 Letter, #44 Letter. (TRAINOR, CORINNE)
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Filing 45
Letter from Kevin H. Marino to the Honorable Madeline Cox Arleo, U.S.D.J. and the Honorable Jessica S. Allen, U.S.M.J. re #44 Letter. (MARINO, KEVIN)
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Filing 44
Letter from Kevin M. McDonough regarding sealed documents. (MCDONOUGH, KEVIN)
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Filing 43
Transcript of Zoom Case Management Conference held on May 7, 2021, before Magistrate Judge Jessica S. Allen. Transcriber: KLJ Transcription Service (201-703-1670). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Transcription Agency due, but not filed, by 6/1/2021. Redacted Transcript Deadline set for 6/11/2021. Release of Transcript Restriction set for 8/9/2021. (wh)
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Filing 42
NOTICE of Appearance by GERARD P. NORTON on behalf of MICHAEL K. ESSANDOH, NASIR HUSSAIN, BRENDAN SHEEHY, DAVID L. STAHL, TRISTAN E. WEAVER (NORTON, GERARD)
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Filing 41
ORDER on Consent granting #38 Pro Hac Vice Motion as to David Bloomfield, Esq. and Kirsten Fraser, Esq. etc. Signed by Magistrate Judge Jessica S. Allen on 5/10/2021. (ams, )
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Filing 40
PRETRIAL SCHEDULING ORDER. etc. Signed by Magistrate Judge Jessica S. Allen on 5/7/2021. (ams, ) Modified on 5/10/2021 (ams, ).
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Filing 39
TEXT ORDER: For the reasons set forth on the record during today's Case Management Conference, Plaintiff's Motion for Preliminary Injunction (ECF No. 3) is withdrawn. The Clerk of the Court is directed to terminate the Motion at ECF No. 3. So Ordered by Magistrate Judge Jessica S. Allen on 5/7/21. (jbb)
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Filing 38
Letter from Corinne McCann Trainor to the Hon. Jessica S. Allen, U.S.M.J.. (Attachments: #1 Certification of Corinne McCann Trainor in Support of Pro Hac Application of David S. Bloomfield, Jr., #2 Certification of Corinne McCann Trainor in Support of Pro Hac Application of Kirsten R. Fraser, #3 Declaration of David S. Bloomfield, Jr., #4 Declaration of Kirsten R. Fraser, #5 Text of Proposed Order)(TRAINOR, CORINNE)
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Filing 37
NOTICE of Appearance by CORINNE MCCANN TRAINOR on behalf of MICHAEL K. ESSANDOH, NASIR HUSSAIN, BRENDAN SHEEHY, DAVID L. STAHL, TRISTAN E. WEAVER (TRAINOR, CORINNE)
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Filing 36
NOTICE of Appearance by CORINNE MCCANN TRAINOR on behalf of MICHAEL K. ESSANDOH, NASIR HUSSAIN, BRENDAN SHEEHY, DAVID L. STAHL, TRISTAN E. WEAVER (TRAINOR, CORINNE)
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Pro Hac Vice counsel, DOMINIC F. CERRITO, KAITLIN P. SHEEHAN, MICHAEL B. CARLINSKY and ROBERT M. SCHWARTZ, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (JB, )
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Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Zoom Case Management Conference held on 5/7/2021. (Court Reporter/Recorder: Zoom Audio) (jbb)
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Filing 35
Notice of Request by Pro Hac Vice Robert M. Schwartz to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12438431.) (BOYLE, JOHN)
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Filing 34
Notice of Request by Pro Hac Vice Michael B. Carlinsky to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12438423.) (BOYLE, JOHN)
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Filing 33
Notice of Request by Pro Hac Vice Kaitlin P. Sheehan to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12438410.) (BOYLE, JOHN)
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Filing 32
Notice of Request by Pro Hac Vice F. Dominic Cerrito to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12438385.) (BOYLE, JOHN)
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Filing 31
TEXT ORDER: The Court is in receipt of Defendants' Motion on Short Notice for a Case Management Conference (ECF No. 26), as well as Plaintiff's response (ECF No. 27), and Defendants' reply thereto (ECF No. 29). The Court will conduct a Case Management Conference to address same by way of Zoom Videoconference on 5/7/21 at 3:00 p.m., and will provide the parties with the connection information in advance. So Ordered by Magistrate Judge Jessica S. Allen on 5/5/21. (jbb)
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Filing 30
ORDER granting #28 Application for the Pro Hac Vice Admission of Michael B. Carlinsky, Esq., Robert M. Schwartz, Esq., F. Dominic Cerrito, Esq. and Kaitlin P. Sheehan, Esq. etc. Signed by Magistrate Judge Jessica S. Allen on 5/3/2021. (ams, )
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Filing 29
REPLY to Response to Motion filed by All Defendants re #26 MOTION on Short Notice For A Case Management Conference (Attachments: #1 Certificate of Service)(BOYLE, JOHN)
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Filing 28
Letter from John A. Boyle to the Honorable Jessica S. Allen, U.S.M.J. regarding application for pro hac vice admission. (Attachments: #1 Certification of John A. Boyle, #2 Certification of Michael B. Carlinsky, #3 Certification of Robert M. Schwartz, #4 Certification of Francis D. Cerrito, #5 Certification of Kaitlin P. Sheehan, #6 Text of Proposed Order, #7 Certificate of Service)(BOYLE, JOHN)
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Filing 27
RESPONSE to Motion filed by PACIRA BIOSCIENCES, INC. re #26 MOTION on Short Notice For A Case Management Conference - consenting to request for expedited treatment (Attachments: #1 Exhibit 1 - Email correspondence)(MCDONOUGH, KEVIN)
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Set Deadlines as to #26 MOTION on Short Notice For A Case Management Conference . Motion set for 6/7/2021 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, )
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Filing 26
MOTION on Short Notice For A Case Management Conference by All Defendants. (Attachments: #1 Brief (Letter Memorandum), #2 Text of Proposed Order, #3 Certificate of Service)(MARINO, KEVIN)
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Filing 25
NOTICE of Appearance by JOHN A. BOYLE on behalf of All Defendants (BOYLE, JOHN)
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Filing 24
NOTICE of Appearance by KEVIN HARRY MARINO on behalf of All Defendants (MARINO, KEVIN)
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Filing 23
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. FARAJ W. ABDALLAH served on 4/22/2021, answer due 5/13/2021. (MCDONOUGH, KEVIN)
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Filing 22
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. BRIAN M. ILFELD served on 4/22/2021, answer due 5/13/2021. (MCDONOUGH, KEVIN)
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Filing 21
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. RODNEY A. GABRIEL served on 4/19/2021, answer due 5/10/2021. (MCDONOUGH, KEVIN)
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Filing 20
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. JAMES C. EISENACH served on 4/19/2021, answer due 5/10/2021. (MCDONOUGH, KEVIN)
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Filing 19
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. RICHARD BRULL served on 4/19/2021, answer due 5/10/2021. (MCDONOUGH, KEVIN)
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Filing 18
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. EVAN D. KHARASCH served on 4/19/2021, answer due 5/10/2021. (MCDONOUGH, KEVIN)
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Filing 17
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. MARY ELLEN McCANN served on 4/19/2021, answer due 5/10/2021. (MCDONOUGH, KEVIN)
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Filing 16
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. TRISTAN E. WEAVER served on 4/19/2021, answer due 5/10/2021. (MCDONOUGH, KEVIN)
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Filing 15
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. DAVID L. STAHL served on 4/19/2021, answer due 5/10/2021. (MCDONOUGH, KEVIN)
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Filing 14
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. MICHAEL K. ESSANDOH served on 4/19/2021, answer due 5/10/2021. (MCDONOUGH, KEVIN)
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Filing 13
SUMMONS Returned Executed by PACIRA BIOSCIENCES, INC.. AMERICAN SOCIETY OF ANESTHESIOLOGISTS, INC. served on 4/19/2021, answer due 5/10/2021. (MCDONOUGH, KEVIN)
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Pro Hac Vice counsel, ALLEN M. GARDNER, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (JB, )
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Pro Hac Vice counsel, SARAH M. GRAGERT, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (JB, )
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Case Reassigned to Magistrate Judge Jessica S. Allen. Magistrate Judge James B. Clark no longer assigned to the case. (aw, )
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Filing 12
Notice of Request by Pro Hac Vice Sarah M. Gragert to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12381985.) (MCDONOUGH, KEVIN)
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Filing 11
Notice of Request by Pro Hac Vice Allen M. Gardner to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12381911.) (MCDONOUGH, KEVIN)
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Filing 10
ORDER granting #6 Motion for Leave to Appear Pro Hac Vice as to Sarah M. Gragert, etc. Signed by Magistrate Judge James B. Clark on 4/15/2021. (ams, )
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Filing 9
ORDER granting #5 Motion for Leave to Appear Pro Hac Vice as to Allen M. Gardner, etc. Signed by Magistrate Judge James B. Clark on 4/15/2021. (ams, )
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Filing 8
SUMMONS ISSUED as to FARAJ W. ABDALLAH, AMERICAN SOCIETY OF ANESTHESIOLOGISTS, INC., RICHARD BRULL, JAMES C. EISENACH, MICHAEL K. ESSANDOH, RODNEY A. GABRIEL, NASIR HUSSAIN, BRIAN M. ILFELD, EVAN D. KHARASCH, MARY ELLEN McCANN, BRENDAN SHEEHY, DAVID L. STAHL, TRISTAN E. WEAVER. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (JB, )
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Set Deadlines as to #5 MOTION for Leave to Appear Pro Hac Vice Allen M. Gardner, #6 MOTION for Leave to Appear Pro Hac Vice Sarah M. Gragert, #3 MOTION for Preliminary Injunction . Motion set for 5/17/2021 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, )
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Filing 7
Letter from Kevin M. McDonough, requesting leave of the Court to exceed the page limit for Pacira's brief in support of its Motion for a Preliminary Injunction re #3 MOTION for Preliminary Injunction . (Attachments: #1 Certificate of Service)(MCDONOUGH, KEVIN)
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Filing 6
MOTION for Leave to Appear Pro Hac Vice Sarah M. Gragert by PACIRA BIOSCIENCES, INC.. (Attachments: #1 Certification of Kevin M. McDonough in Support of Admission Pro Hac Vice, #2 Certification of Sarah M. Gragert in Support of Admission Pro Hac Vice, #3 Text of Proposed Order, #4 Certificate of Service)(MCDONOUGH, KEVIN)
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Filing 5
MOTION for Leave to Appear Pro Hac Vice Allen M. Gardner by PACIRA BIOSCIENCES, INC.. (Attachments: #1 Certification of Kevin M. McDonough in Support of Admission Pro Hac Vice, #2 Certification of Allen M. Gardner in Support of Admission Pro Hac Vice, #3 Text of Proposed Order, #4 Certificate of Service)(MCDONOUGH, KEVIN)
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Filing 4
MEMORANDUM in Support filed by PACIRA BIOSCIENCES, INC. re #3 MOTION for Preliminary Injunction (Attachments: #1 Exhibit 7- (Filed Under Seal), #2 Exhibit 8- (Filed Under Seal), #3 Exhibit 13- (Filed Under Seal), #4 Exhibit 19- (Filed Under Seal))(MCDONOUGH, KEVIN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
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Filing 3
MOTION for Preliminary Injunction by PACIRA BIOSCIENCES, INC.. (Attachments: #1 Brief in Support (Filed Under Seal), #2 Declaration of Sarah M. Gragert in Support of Plaintiff Pacira Biosciences, Inc.'s Motion for Preliminary Injunction, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7- (Filed Under Seal), #10 Exhibit 8- (Filed Under Seal), #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13- (Filed Under Seal), #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19- (Filed Under Seal), #22 Exhibit 20, #23 Text of Proposed Order, #24 Certificate of Service)(MCDONOUGH, KEVIN)
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Filing 2
Corporate Disclosure Statement by PACIRA BIOSCIENCES, INC.. (MCDONOUGH, KEVIN)
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Filing 1
COMPLAINT against FARAJ W. ABDALLAH, AMERICAN SOCIETY OF ANESTHESIOLOGISTS, INC., RICHARD BRULL, JAMES C. EISENACH, MICHAEL K. ESSANDOH, RODNEY A. GABRIEL, NASIR HUSSAIN, BRIAN M. ILFELD, EVAN D. KHARASCH, MARY ELLEN McCANN, BRENDAN SHEEHY, DAVID L. STAHL, TRISTAN E. WEAVER ( Filing and Admin fee $ 402 receipt number ANJDC-12371348) with JURY DEMAND, filed by PACIRA BIOSCIENCES, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Certification Pursuant to Local Rule 11.2, #9 Civil Cover Sheet)(MCDONOUGH, KEVIN)
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Case assigned to Judge Madeline Cox Arleo and Magistrate Judge James B. Clark. (jr)
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