AZURITY PHARMACEUTICALS, INC. v. BIONPHARMA INC.
Plaintiff: AZURITY PHARMACEUTICALS, INC.
Defendant: BIONPHARMA INC.
Case Number: 3:2021cv12870
Filed: June 22, 2021
Court: US District Court for the District of New Jersey
Presiding Judge: Douglas E Arpert
Referring Judge: Michael A Shipp
Nature of Suit: Patent - Abbreviated New Drug Application(ANDA)
Cause of Action: 15 U.S.C. § 1126
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 20, 2021 Opinion or Order Filing 27 TEXT ORDER: This matter comes before the Court upon review of Plaintiff's August 19, 2021 request (ECF No. #23 ) for an extension of the briefing schedule on Defendant's Motion to Transfer (ECF No. #7 ) and Motion to Dismiss (ECF No. #8 ), and upon Plaintiff's August 19, 2021 Motion for Order to Show Cause (ECF No. #24 ). The Court DENIES the request for an extension of the briefing schedule on Defendant's Motion to Transfer. (ECF No. #7 .) Plaintiff must e-file its opposition brief by August 24, 2021. Defendant must file its reply brief by August 31, 2021. The Court GRANTS the request for an extension of the briefing schedule on Defendant's Motion to Dismiss. (ECF No. #8 .) Per the request of counsel, Plaintiff must file its opposition brief by August 31, 2021. Defendant must file its reply brief by September 14, 2021. The Court will hold a telephone conference on Monday, August 23, 2021, at 2:00 p.m. regarding Plaintiff's Motion for Order to Show Cause. (ECF No. #24 .) Counsel for Plaintiff shall provide conference dial-in information to the Court. So Ordered by Judge Michael A. Shipp on 8/20/2021. (gxh)
August 20, 2021 Set Deadlines as to #24 MOTION for Order to Show Cause . Motion set for 9/20/2021 before Judge Michael A. Shipp. 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. (mg)
August 19, 2021 Filing 26 Letter from Arnold B. Calmann, Esq. to the Honorable Michael A. Shipp, U.S.D.J. re #25 Brief in Support of Motion,,,, #24 MOTION for Order to Show Cause . (CALMANN, ARNOLD)
August 19, 2021 Filing 25 BRIEF in Support filed by AZURITY PHARMACEUTICALS, INC. re #24 MOTION for Order to Show Cause (Attachments: #1 Declaration of Wendy L. Devine, Esq., #2 Exhibit 1-9 to the Declaration of Wendy L. Devine, Esq., #3 Declaration of Jeffery A. Stec, Ph.D., #4 Exhibit 1-22 to the Declaration of Jeffery A. Stec, Ph.D., #5 Exhibit 22-30, #6 Declaration of Graham Buckton, Ph.D., #7 Exhibit A to the Declaration of Graham Buckton, Ph.D., #8 Declaration of Amit M. Patel, #9 Exhibit 1-7 to the Declaration of Amit M. Patel)(CALMANN, ARNOLD)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.
August 19, 2021 Filing 24 MOTION for Order to Show Cause by AZURITY PHARMACEUTICALS, INC.. (Attachments: #1 Text of Proposed Order Order to Show Cause for Temporary Restraining Order, Preliminary Injunction, and Other Emergent Relief, #2 Certificate of Service)(CALMANN, ARNOLD)
August 19, 2021 Filing 23 Letter from Arnold B. Calmann, Esq. to the Honorable Michael A. Shipp, U.S.D.J. Requesting Extension of Briefing Schedule (On Consent) re #8 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), #7 MOTION to Transfer Case to District of Delaware . (CALMANN, ARNOLD)
July 27, 2021 Filing 22 Notice of Request by Pro Hac Vice Evan Sumner, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12662771.) (CALMANN, ARNOLD)
July 27, 2021 Filing 21 Notice of Request by Pro Hac Vice Kristina M. Hanson, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12662746.) (CALMANN, ARNOLD)
July 27, 2021 Filing 20 Notice of Request by Pro Hac Vice Natalie J. Morgan, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12662633.) (CALMANN, ARNOLD)
July 27, 2021 Filing 19 Notice of Request by Pro Hac Vice Wendy L. Devine, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12662538.) (CALMANN, ARNOLD)
July 27, 2021 Pro Hac Vice counsel, WENDY L. DEVINE, 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. (jem)
July 27, 2021 Pro Hac Vice counsel, NATALIE J. MORGAN, KRISTINA M. HANSON and EVAN SUMNER, 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. (jem)
July 26, 2021 Filing 18 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #8 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), #7 MOTION to Transfer Case to District of Delaware . (CALMANN, ARNOLD)
July 26, 2021 Reset Deadlines as to #8 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), #7 MOTION to Transfer Case to District of Delaware . Motion set for 9/7/2021 before Judge Michael A. Shipp. 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. (jem)
July 22, 2021 Opinion or Order Filing 17 ORDER granting leave to appear pro hac vice as to Wendy L. Devine, Esq. Natalie, J. Morgan., Evan Sumner Esq., Kristina M. Hanson, Esq. Signed by Magistrate Judge Douglas E. Arpert on 7/22/2021. (jmh)
July 21, 2021 Filing 16 Letter from Arnold B. Calmann, Esq. to the Honorable Douglas E. Arpert, U.S.M.J. Regarding Application On Consent for the Pro Hac Vice Admission of Wendy L. Devine, Esq., Natalie J. Morgan, Esq,, Kristina M. Hanson, Esq., and Evan Sumner, Esq. on behalf of Azurity. (Attachments: #1 Certification of Arnold B. Calmann, Esq., #2 Declaration of Wendy L. Devine, Esq., #3 Declaration of Natalie J. Morgan, Esq., #4 Declaration of Kristina M. Hanson, Esq., #5 Declaration of Evan Sumner, Esq., #6 Text of Proposed Order)(CALMANN, ARNOLD)
July 21, 2021 Filing 15 Notice of Request by Pro Hac Vice Roshan P. Shrestha, Ph.D. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12648478.) (JONES, GEORGE)
July 21, 2021 Filing 14 Notice of Request by Pro Hac Vice Andrew M. Alul to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12648448.) (JONES, GEORGE)
July 21, 2021 Pro Hac Vice counsel, REW M. ALUL and ROSHAN P. SHRESTHA, 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. (jem)
July 19, 2021 Opinion or Order Filing 13 CONSENT ORDER granting the admissions Pro Hac Vice of Andrew M. Alul and Roshan P. Shrestha. Signed by Magistrate Judge Douglas E. Arpert on 7/19/20021. (mg)
July 16, 2021 Filing 12 Letter from George C. Jones to the Honorable Douglas E. Arpert, U.S.M.J., requesting entry of Consent Order for the pro hac vice admission of counsel. (Attachments: #1 Declaration of George C. Jones, #2 Declaration of Andrew M. Alul, #3 Declaration of Roshan P. Shrestha, Ph.D., #4 Text of Proposed Order)(JONES, GEORGE)
July 15, 2021 Filing 11 NOTICE of Appearance by GEORGE C. JONES on behalf of BIONPHARMA INC. (JONES, GEORGE)
July 15, 2021 Set Deadlines as to #8 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), #7 MOTION to Transfer Case to District of Delaware . Motion set for 8/16/2021 before Judge Michael A. Shipp. 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. (mg)
July 14, 2021 Filing 10 Exhibit to #9 Declaration,, Exhibit G to Declaration of Roshan P. Shrestha, Ph.D. by BIONPHARMA INC.. (CURTIN, THOMAS)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.
July 14, 2021 Filing 9 DECLARATION of Roshan P. Shrestha, Ph.D. re #8 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), #7 MOTION to Transfer Case to District of Delaware by BIONPHARMA INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G [Redacted], #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(CURTIN, THOMAS)
July 14, 2021 Filing 8 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by BIONPHARMA INC.. Responses due by 8/2/2021 (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(CURTIN, THOMAS)
July 14, 2021 Filing 7 MOTION to Transfer Case to District of Delaware by BIONPHARMA INC.. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(CURTIN, THOMAS)
June 25, 2021 Filing 6 SUMMONS Returned Executed by AZURITY PHARMACEUTICALS, INC.. BIONPHARMA INC. served on 6/23/2021, answer due 7/14/2021. (CALMANN, ARNOLD)
June 23, 2021 Filing 5 AO120 Patent Form filed. (jal, )
June 23, 2021 Filing 4 SUMMONS ISSUED as to BIONPHARMA INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jal, )
June 23, 2021 Judge Michael A. Shipp and Magistrate Judge Douglas E. Arpert added. (jal, )
June 22, 2021 Filing 3 NOTICE of Appearance by KATHERINE ANN ESCANLAR on behalf of AZURITY PHARMACEUTICALS, INC. (ESCANLAR, KATHERINE)
June 22, 2021 Filing 2 Corporate Disclosure Statement by AZURITY PHARMACEUTICALS, INC.. (CALMANN, ARNOLD)
June 22, 2021 Filing 1 COMPLAINT against BIONPHARMA INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12568794), filed by AZURITY PHARMACEUTICALS, INC.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(CALMANN, ARNOLD)

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Defendant: BIONPHARMA INC.
Represented By: THOMAS R. CURTIN
Represented By: GEORGE C. JONES
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Plaintiff: AZURITY PHARMACEUTICALS, INC.
Represented By: KATHERINE ANN ESCANLAR
Represented By: ARNOLD B. CALMANN
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