Johnson & Johnson et al v. South Pointe Wholesale, Inc. et al
Plaintiff: Johnson & Johnson and LifeScan, Inc.
Defendant: Purity Wholesale Grocers, Inc., Eric Adriaan Antonius Maria Stevens, South Pointe Wholesale, Inc., Jarrod Shirley, Eutre Shirley, MC Distributors LLC, American Diabetes Wholesale, LLC doing business as Premier Purchasing Group, Eric Chirinsky, Healthsource Distributors LLC, Jerry L. Wolaski, Rowan Tree 1123 CC, Elizabeth M. Venter, Supreme Distributors Company, Jeffrey A. Levitetz, Novex America doing business as Novex International, Dennis Cantor, Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick, Medsource Direct, Med-Health Direct, INC, Christopher Hattenbach, DBS Trading, Inc. doing business as Masters Pharmaceutical, Evan Blatt, Kevin Phillips, Trayll Brands B.V., Eric Stevens, Corporate Advice & Management Services AG, John Cornillie, National Distribution Corporation, Carlos Hernandez, Aristidis Spanellis, Anton van Schalkwyk, Mark Sowter, Marketing and Distribution Solutions, First Pharma Ghana, Ltd., Dubamed Middle East Africa FZCO a/k/a Dubamed Medical Products, Cees Jan Quirijns, Sterling Wholesale, LLC, Jeffrey B. Littman, American Healthcare, Inc., Michael Barbra, Prime International Products, Inc., Howard Frank, H&H Wholesale Services, Inc., Brothers Trading Co., Inc., Drogueria Central Inc., Herbert C. Dunayer, DTR Medical Wholesale, Inc., Robert Welter, Randy Crowell, Midwest Drug Supply, LLC, Dennis Gatscher, ATE All Trade Enterprises LLP, Howard Goldman, Michael Barba and Medsource Direct, Inc.
Cross Defendant: Michael Maguire, Quality King Distributors, Inc., QK Healthcare Inc., Reuben C. Mahlagare, John Does 1-10, Timothy L. Farnes, Tyler William Farnes, Freedom Exports, Rafael Curquejo, A&M Marketing, Richard C. Lapinski, Dennis B. Smith, Newport Trading, Inc., Wayne Heiferman, Care Desk Corporation, Sterling Distributors, Pharmacy Wholesale Services, Inc., Douglas Rudderham, CHI Pharma B.V., Amroges B.V., CHI Capital B.V., Coenraad Hendrik Swart, Gymtrade CC, Hadida cc, Letko Edward, MSI Medical Supply, Inc., Cobra Capital, Inc., Novex America and American Diabetes Wholesale, LLC
Cross Claimant: Dean G. Berry, Alvin C. Eder, Green Valley Medical Distributors, LLC and DBS Trading, Inc.
Interested Party: Wolf Medical Supply, Inc., Gary Woolfson and Stacy Woolfson
Case Number: 1:2008cv01297
Filed: March 31, 2008
Court: US District Court for the Eastern District of New York
Presiding Judge: Margo K Brodie
Referring Judge: Steven M Gold
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2021 Opinion or Order ORDER granting #843 Motion to Unseal Document. Docket Entry 746-15 is unsealed in its entirety. Ordered by Chief Judge Margo K. Brodie on 5/7/2021. (Bacchi, Joseph)
May 6, 2021 Filing 844 Letter to Chief Judge Brodie from Geoffrey Potter re: response to MC Distributor Defendants' letter-motion to unseal DE 746-15 by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
May 4, 2021 Opinion or Order ORDER re #843 Letter MOTION to Unseal Document DE 746-15. The affected parties are directed to respond to the motion to unseal on or before May 6, 2021. Ordered by Chief Judge Margo K. Brodie on 5/4/2021. (Bacchi, Joseph)
March 30, 2021 Filing 843 Letter MOTION to Unseal Document DE 746-15 by Eric Chirinsky. (Shore, Nathan)
December 21, 2020 Filing 842 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Electronic order dismissing case) (Hong, Loan)
December 10, 2020 Opinion or Order ORDER DISMISSING CASE: No response having been submitted to plaintiffs' letter dated November 23, 2020, Dkt. #841 , or to the Court's Order entered on November 24, 2020, the Clerk is requested to close the case. Ordered by Magistrate Judge Steven M. Gold on 12/10/2020. (Gillespie, Saudia)
November 24, 2020 Opinion or Order ORDER re #841 Letter filed by LifeScan, Inc., Johnson & Johnson. By letter dated November 23, 2020, plaintiffs have responded to this Court's Order of November 16, 2020. Plaintiffs' letter reports that there are no outstanding matters in this case and that it may be closed by the Court. If any party disagrees, that party shall submit a letter by December 2, 2020 identifying any outstanding matters.Ordered by Magistrate Judge Steven M. Gold on 11/24/2020. (Gold, Steven)
November 23, 2020 Filing 841 Letter to the Honorable Steven M. Gold in response to the status report order of November 16, 2020 by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
November 16, 2020 Opinion or Order STATUS REPORT ORDER: Counsel for plaintiff shall file a letter by November 23, 2020, indicating what if anything remains in this case or whether the case should be closed. Ordered by Magistrate Judge Steven M. Gold on 11/16/2020. (Gillespie, Saudia)
April 18, 2019 Opinion or Order Filing 840 ORDER, CONSENT JUDGMENT AND PERMANENT INJUNCTION in favor of Johnson & Johnson, LifeScan, Inc. against Novex America, Dennis Cantor. Ordered by Judge Margo K. Brodie on 4/18/2019. (Piper, Francine)
April 17, 2019 Filing 839 Consent MOTION for Judgment Based on Settlement - Order, Consent Judgment and Permanent Injunction as to Defendants Novex America, Inc. and Dennis Cantor by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
January 24, 2019 Opinion or Order ORDER re #836 Letter requesting a referral to mandatory mediation and seeking permission to destroy retained counterfeits. The Court stays a decision on Plaintiffs' request until the Court rules on the pending motion. Ordered by Judge Margo K. Brodie on 1/24/2019. (Beeney, Eliza)
January 22, 2019 Filing 838 REPLY in Opposition to plaintiff's January 11, 2019 letter requesting a court ordered mediation filed by Dennis Cantor, Novex America. (Bialek, Adam)
January 22, 2019 Filing 837 Letter to court re Dunayer deceased by Cobra Capital, Inc., Herbert C. Dunayer (Attachments: #1 Exhibit Death Certificate) (Ferri, Joseph)
January 14, 2019 Opinion or Order ORDER re #836 Letter requesting a referral to mandatory mediation and seeking permission to destroy retained counterfeits. Defendants are directed to respond to Plaintiffs' letter on or before January 22, 2019. Ordered by Judge Margo K. Brodie on 1/14/2019. (Beeney, Eliza)
January 11, 2019 Filing 836 Letter to the Hon. Margo K. Brodie, requesting a referral to mandatory mediation and seeking permission to destroy retained counterfeits by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
December 21, 2018 Filing 835 Corporate Disclosure Statement by LifeScan, Inc. identifying Corporate Parent DUV Holding Corporation for LifeScan, Inc.. (Potter, Geoffrey)
August 10, 2018 Filing 834 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/27/18, before Judge Margo K. Brodie. Court Reporter/Transcriber Linda D. Danelczyk, Telephone number 718-613-2330. Email address: Linda_Danelczyk@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/31/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/8/2018. (Danelczyk, Linda)
March 6, 2018 Email Notification Test - DO NOT REPLY. (Latka-Mucha, Wieslawa)
March 5, 2018 Filing 833 Letter CORRECTED Reply to Plaintiff's Opposition by Cobra Capital, Inc., Herbert C. Dunayer (Ferri, Joseph)
March 5, 2018 Filing 832 Letter Reply to Plaintiff's Opposition by Cobra Capital, Inc., Herbert C. Dunayer (Ferri, Joseph)
March 5, 2018 Filing 831 Letter from Geoffrey Potter to Judge Brodie in Response to Defendants' March 1, 2018 Letters by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
March 1, 2018 Filing 830 Letter Brief Regarding De Novo Review by Cobra Capital, Inc., Herbert C. Dunayer (Ferri, Joseph)
March 1, 2018 Filing 829 Letter Brief Regarding Standard of Review by Dennis Cantor, Novex America (Bialek, Adam)
February 27, 2018 Opinion or Order Minute Order for Telephone Conference held on 2/27/2018 before Judge Margo K. Brodie. Geoffrey Potter appeared on behalf of plaintiffs; Adam Bialek appeared on behalf of defendants Dennis Cantor and Novex America, Inc. (Novex defendants); Joseph Ferri appeared on behalf of defendants Herbert Dunayer and Cobra Capital, Inc. (Cobra defendants); and Stanley Goodman appeared on behalf of defendants Product Performance Company, Inc. and Med-Health Direct, Inc. The Court reviewed the Report and Recommendation prepared by Magistrate Judge Steven M. Gold and the detailed objections filed by the Novex defendants and the Cobra defendants and applied the clear error standard of review because the parties' objections are the same arguments raised before Judge Gold. Applying this standard, and for the reasons stated on the record, the Court finds no clear error in the Report and Recommendation and therefore adopts Judge Gold's recommendations in their entirety. The Court grants summary judgment as to liability in favor of plaintiffs against the Cobra and Novex defendants for trademark infringement and false designation of origin or description. The Cobra and Novak defendants shall submit a letter brief in two days if they believe the Court applied the incorrect standard of review. The Court denies plaintiffs' motion for a default judgment against the Midwest defendants (Dennis Gatscher and Midwest Drug Supply, LLC) and dismisses the claims against the Midwest defendants for lack of personal jurisdiction. Ordered by Judge Margo K. Brodie on 2/27/2018. (Court Reporter Linda Danelczyk.) (Stanford, Nia)
February 25, 2018 Opinion or Order ORDER granting #828 Motion to Adjourn Conference. The telephone conference is adjourned until February 27, 2018 at 11:30 AM. Ordered by Judge Margo K. Brodie on 2/25/2018. (Brucella, Michelle)
February 23, 2018 Filing 828 Letter MOTION to Adjourn Conference by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
February 21, 2018 Opinion or Order SCHEDULING ORDER: This matter having been recently reassigned to the undersigned, a telephone conference is set for February 27, 2018 at 11 AM.. Plaintiff's counsel shall initiate the call and when all parties are on the line, dial in to 718-613-2140. Ordered by Judge Margo K. Brodie on 2/21/2018. (Brucella, Michelle)
February 21, 2018 Case Reassigned to Judge Margo K. Brodie. Judge Sandra L. Townes no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna)
September 5, 2017 Opinion or Order Filing 827 STIPULATION AND ORDER dismissing the above-captioned action against Green Valley Medical Distributors, LLC with prejudice and without costs. Ordered by Judge Sandra L. Townes on 8/31/2017. (Barrett, C)
August 28, 2017 Filing 826 STIPULATION of Dismissal [CORRECTED] as to defendant Green Valley Medical Distributors, LLC by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
August 28, 2017 Filing 825 STIPULATION of Dismissal Of Green Valley Medical Distributors, LLC by Green Valley Medical Distributors, LLC (Goodman, Stanley)
June 20, 2016 Filing 824 NOTICE of Change of Address by Martin I. Saperstein (Saperstein, Martin)
June 20, 2016 Filing 823 NOTICE of Change of Address by Stanley R. Goodman (Goodman, Stanley)
May 11, 2016 Filing 822 MOTION to Withdraw as Attorney by Johnson & Johnson, LifeScan, Inc.. (Weinberg, Jeremy)
May 11, 2016 Opinion or Order ORDER granting #822 Motion to Withdraw as Attorney. Attorney Jeremy Alexander Weinberg terminated. Ordered by Magistrate Judge Steven M. Gold on 5/11/2016. (Gold, Steven)
September 22, 2015 Opinion or Order Filing 821 CONSENT JUDGMENT in favor of Johnson & Johnson, LifeScan, Inc. against Amroges B.V., Eric Adriaan Antonius Maria Stevens (collectively, the "Stevens Defendants") entered pursuant to Rule 58 of the Federal Rules of Civil Procedure. This action is hereby dismissed, with prejudice, only against the Stevens Defendants without costs or attorneys fees. Ordered by Judge Sandra L. Townes on 9/21/2015. [See attached Consent Judgment for additional details.] (Barrett, C)
September 18, 2015 Filing 820 Letter to Judge Townes regarding unsigned Consent Order by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit Docket Entry #613) (Potter, Geoffrey)
July 8, 2015 Filing 819 Letter to the Honorable Sandra L. Townes from Geoffrey Potter re pending MSJ and R&R objections, dated 7/8/15 by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
June 8, 2015 Filing 818 Notice of Related Case (Bowens, Priscilla)
November 25, 2014 Opinion or Order Filing 817 CONSENT JUDGMENT AND PERMANENT INJUNCTION in favor of Johnson & Johnson, LifeScan, Inc. against MSI Medical Supply, Inc., Michael Barbra (collectively, the "MSI Defendants") entered pursuant to Rule 58 of the Federal Rules of Civil Procedure. This action is hereby dismissed, with prejudice, only against the MSI Defendants without costs or attorney's fees. Ordered by Judge Sandra L. Townes on 11/25/2014. (Barrett, C)
November 25, 2014 Opinion or Order Filing 816 CONSENT JUDGMENT AND PERMANENT INJUNCTION in favor of Johnson & Johnson, LifeScan, Inc. and against H&H Wholesale Services, Inc., Howard Goldman (collectively, the "H&H Defendants") entered pursuant to Rule 58 of the Federal Rules of Civil Procedure. This action is hereby dismissed, with prejudice, only against the H&H Defendants without costs or attorney's fees. Ordered by Judge Sandra L. Townes on 11/25/2014. (Barrett, C)
November 25, 2014 Filing 815 MOTION to Approve Consent Judgment and Permanent Injunction as to Defendants MSI Medical Supply, Inc. and Michael Barba by Johnson & Johnson, LifeScan, Inc.. (Barrett, C)
November 25, 2014 Filing 814 MOTION to Approve Consent Judgment and Permanent Injunction as to Defendants H&H Wholesale Services, Inc. and Howard Goldman by Johnson & Johnson, LifeScan, Inc.. (Barrett, C)
November 25, 2014 Opinion or Order ORDER granting #814 Motion to Approve Consent Judgment and Permanent Injunction as to Defendants H&H Wholesale Services, Inc. and Howard Goldman; granting #815 Motion to Approve Consent Judgment and Permanent Injunction as to Defendants MSI Medical Supply, Inc. and Michael Barba. Ordered by Judge Sandra L. Townes on 11/25/2014. (Barrett, C)
October 20, 2014 Filing 813 NOTICE of Appearance by Andrew T. O'Connor on behalf of Howard Goldman, H&H Wholesale Services, Inc. (notification declined or already on case) (O'Connor, Andrew)
October 20, 2014 Filing 812 NOTICE of Appearance by Paul F. Beckwith on behalf of Howard Goldman, H&H Wholesale Services, Inc. (notification declined or already on case) (Beckwith, Paul)
October 17, 2014 Filing 811 MOTION for Leave to Appear Pro Hac Vice for Andrew T. O'Connor Filing fee $ 25, receipt number 0207-7272437. by Howard Goldman, H&H Wholesale Services, Inc.. (Attachments: #1 Affidavit in Support with Certificate of Good Standing, #2 Proposed Order, #3 Certificate of Service) (O'Connor, Andrew)
October 17, 2014 Filing 810 MOTION for Leave to Appear Pro Hac Vice for Paul F. Beckwith Filing fee $ 25, receipt number 0207-7271952. by Howard Goldman, H&H Wholesale Services, Inc.. (Attachments: #1 Affidavit in Support with Certificate of Good Standing, #2 Proposed Order, #3 Certificate of Service) (Beckwith, Paul)
October 17, 2014 Opinion or Order ORDER granting #810 Motion for Leave to Appear Pro Hac Vice ; granting #811 Motion for Leave to Appear Pro Hac Vice: Paul F. Beckwith and Andrew T. O'Connor to appear as counsel for Howard Goldman and H & H Wholesale Services, Inc. So Ordered by Chief Mag. Judge Steven M. Gold on 10/17/2014. (Vasquez, Lea)
October 10, 2014 Filing 809 NOTICE of Appearance by Jonathan A Grippo on behalf of Howard Goldman, H&H Wholesale Services, Inc. (aty to be noticed) (Marziliano, August)
June 27, 2014 Filing 808 CERTIFICATE OF SERVICE by Johnson & Johnson, LifeScan, Inc. re #807 Reply in Opposition, (Weinberg, Jeremy)
June 27, 2014 Filing 807 REPLY in Opposition re #804 Objection to Report and Recommendations, #805 Objection to Report and Recommendations, #803 Objection to Report and Recommendations / Plaintiffs' Response in Opposition to Defendants' Objections to the Report and Recommendation of Chief Magistrate Judge Steven M. Gold filed by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
June 18, 2014 Filing 806 Letter MOTION for Extension of Time to File Response/Reply to the objections defendants filed to the Report & Recommendation of Chief Magistrate Judge Steven M. Gold by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
May 30, 2014 Filing 805 OBJECTION to #769 Report and Recommendations filed by Cobra Capital, Inc., Herbert C. Dunayer. (Ferri, Joseph)
May 22, 2014 Filing 804 OBJECTION to #769 Report and Recommendations filed by Howard B. Goldman and filed by H&H Wholesale Services, Inc.. (Goodman, Stanley)
May 22, 2014 Filing 803 OBJECTION to #769 Report and Recommendations filed by Randy Crowell and filed by Green Valley Medical Distributors, LLC. (Goodman, Stanley)
May 8, 2014 Opinion or Order Filing 802 ORDER granting #801 Letter MOTION for Extension of Time to File Response/Reply to Defendants' Objections to Chief Magistrate Judge Steven M. Gold's March 28, 2014 Report & Recommendation by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey); APPLICATION GRANTED. ( Ordered by Judge Sandra L. Townes on 5/6/2014 ) (Guzzi, Roseann)
May 5, 2014 Filing 801 Letter MOTION for Extension of Time to File Response/Reply to Defendants' Objections to Chief Magistrate Judge Steven M. Gold's March 28, 2014 Report & Recommendation by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
May 5, 2014 Opinion or Order Filing 800 ORDER dated 5/2/14 granting #798 Third MOTION for Extension of Time to File Objections to Magistrate Judge Steven M. Gold's Report & Recommendation by Cobra Capital, Inc., Herbert C. Dunayer. APPLICATION GRANTED. ( Ordered by Judge Sandra L. Townes on 5/2/2014 ) (Guzzi, Roseann)
May 2, 2014 Filing 799 OBJECTION to #769 Report and Recommendations filed by Dennis Cantor, Novex America. (Bialek, Adam)
May 1, 2014 Filing 798 Third MOTION for Extension of Time to File Objections to Magistrate Judge Steven M. Gold's Report & Recommendation by Cobra Capital, Inc., Herbert C. Dunayer. (Ferri, Joseph)
April 30, 2014 Opinion or Order Filing 797 ORDER granting #792 Third MOTION for Extension of Time to File Objections to Magistrate Judge Steven M. Gold's Report & Recommendation by Randy Crowell and by Green Valley Medical Distributors, LLC. (Goodman, Stanley); application granted. ( Ordered by Judge Sandra L. Townes on 4/29/2014 ) (Guzzi, Roseann)
April 30, 2014 Opinion or Order Filing 796 ORDER granting #791 MOTION for Extension of Time to File Response/Reply, Third MOTION for Extension of Time to File Objections to Magistrate Judge Steven M. Gold's Report & Recommendtion by Howard B. Goldman and by H&H Wholesale Services, Inc.. (Goodman, Stanley) ( Ordered by Judge Sandra L. Townes on 4/29/2014 ) (Guzzi, Roseann)
April 29, 2014 Opinion or Order Filing 795 ORDER granting #784 Second MOTION for Extension of Time to File Objections to Magistrate Judge Steven M Gold's Report & Recommendation by Randy Crowell and by Green Valley Medical Distributors, LLC. (Saperstein, Martin). ( Ordered by Judge Sandra L. Townes on 4/25/2014 ) (Guzzi, Roseann)
April 29, 2014 Opinion or Order Filing 794 ORDER granting #783 Second MOTION for Extension of Time to File Objections to Magistrate Judge Steven M. Gold's Report & Recommendation by Howard B. Goldman and by H&H Wholesale Services, Inc.. (Saperstein, Martin). ( Ordered by Judge Sandra L. Townes on 4/25/2014 ) (Guzzi, Roseann)
April 28, 2014 Filing 793 OBJECTION to #769 Report and Recommendations filed by Michael Barba, MSI Medical Supply, Inc.. (Zibas, Jura)
April 28, 2014 Filing 792 Third MOTION for Extension of Time to File Objections to Magistrate Judge Steven M. Gold's Report & Recommendation by Randy Crowell and by Green Valley Medical Distributors, LLC. (Goodman, Stanley)
April 28, 2014 Filing 791 MOTION for Extension of Time to File Response/Reply , Third MOTION for Extension of Time to File Objections to Magistrate Judge Steven M. Gold's Report & Recommendtion by Howard B. Goldman and by H&H Wholesale Services, Inc.. (Goodman, Stanley)
April 25, 2014 Opinion or Order Filing 790 ORDER granting #787 Motion for Extension of Time to File Response/Reply as to 786 Amended MOTION for Extension of Time to File Objections to Report and Recommendation of Magistrate Judge Steven M. Gold on behalf of the Novex defendants. ( Ordered by Judge Sandra L. Townes on 4/23/2014 ) (Guzzi, Roseann)
April 25, 2014 Opinion or Order Filing 789 ORDER granting #788 Second MOTION for Extension of Time to File Response/Reply Objections to Magistrate Judge Steven M. Gold's Report & Recommendation by Cobra Capital, Inc., Herbert C. Dunayer. (Ferri, Joseph). ( Ordered by Judge Sandra L. Townes on 4/24/2014 ) (Guzzi, Roseann)
April 23, 2014 Filing 788 Second MOTION for Extension of Time to File Response/Reply Objections to Magistrate Judge Steven M. Gold's Report & Recommendation by Cobra Capital, Inc., Herbert C. Dunayer. (Ferri, Joseph)
April 22, 2014 Filing 787 MOTION for Extension of Time to File Response/Reply as to #786 Amended MOTION for Extension of Time to File Objections to Report and Recommendation of Magistrate Judge Steven M. Gold by Randy Crowell and, #783 Second MOTION for Extension of Time to File Objections to Magistrate Judge Steven M. Gold's Report & Recommendation by Howard B. Goldman and, #782 Order, #785 Amended MOTION for Extension of Time to File Objections to Report and Recommendation of Magistrate Steven M. Gold by Howard Goldman and, #784 Second MOTION for Extension of Time to File Objections to Magistrate Judge Steven M Gold's Report & Recommendation by Randy Crowell and by Dennis Cantor. (Bialek, Adam)
April 21, 2014 Filing 786 Amended MOTION for Extension of Time to File Objections to Report and Recommendation of Magistrate Judge Steven M. Gold by Randy Crowell and by Green Valley Medical Distributors, LLC. (Saperstein, Martin)
April 21, 2014 Filing 785 Amended MOTION for Extension of Time to File Objections to Report and Recommendation of Magistrate Steven M. Gold by Howard Goldman and by H&H Wholesale Services, Inc.. (Saperstein, Martin)
April 18, 2014 Filing 784 Second MOTION for Extension of Time to File Objections to Magistrate Judge Steven M Gold's Report & Recommendation by Randy Crowell and by Green Valley Medical Distributors, LLC. (Saperstein, Martin)
April 18, 2014 Filing 783 Second MOTION for Extension of Time to File Objections to Magistrate Judge Steven M. Gold's Report & Recommendation by Howard B. Goldman and by H&H Wholesale Services, Inc.. (Saperstein, Martin)
April 10, 2014 Opinion or Order Filing 782 ORDER re #774 Letter to Judge Sandra Townes seeking anextension of time from 4/14/14 to 4/28/14 to file objections to Judge Steven Gold's report and recommendations by Dennis Cantor, Novex America (Bialek, Adam); APPLICATION GRANTED. ( Ordered by Judge Sandra L. Townes on 4/4/2014, rec. in dkt 4/10/14 ). (Guzzi, Roseann)
April 10, 2014 Opinion or Order Filing 781 ORDER granting #773 First MOTION for Extension of Time to File Objections to Report and Recommendation of Magistrate Steven M. Gold by Michael Barba, MSI Medical Supply, Inc.. (Zibas, Jura); APPLICATION GRANTED. ( Ordered by Judge Sandra L. Townes on 4/4/2014, rec. in dkt 4/10/14 ). (Guzzi, Roseann)
April 9, 2014 Opinion or Order Filing 780 ORDER granting #776 First MOTION for Extension of Time to File Objections to Report and Recommendation of Magistrate Steven M. Gold by Cobra Capital, Inc., Herbert C. Dunayer. (Ferri, Joseph); APPLICATION GRANTED. ( Ordered by Judge Sandra L. Townes on 4/7/2014 ) (Guzzi, Roseann)
April 7, 2014 Opinion or Order Filing 779 ORDER granting #772 MOTION for Extension of Time to File Objections to Report And Recommendation of Magistrate Judge Steven M. Gold by Randy Crowell and by Green Valley Medical Distributors, LLC. (Saperstein, Martin); APPLICATION GRANTED. ( Ordered by Judge Sandra L. Townes on 4/3/2014 ) (Guzzi, Roseann)
April 7, 2014 Opinion or Order Filing 778 ORDER granting #771 MOTION for Extension of Time to File Objections To Report And Recommendation of Magistrate Steven M. Gold by Howard Goldman and by H&H Wholesale Services, Inc. (Saperstein, Martin); APPLICATION GRANTED. ( Ordered by Judge Sandra L. Townes on 4/3/2014 ) (Guzzi, Roseann)
April 4, 2014 Opinion or Order Filing 777 ORDER : No application for redaction having been submitted in response to the Court's Order dated March 28, 2014, Docket Entry 770, the Report and Recommendation originally filed under restrictions to parties only is hereby filed publicly and without restriction. Ordered by Chief Mag. Judge Steven M. Gold on 4/4/2014. (Gold, Steven)
April 4, 2014 Filing 776 First MOTION for Extension of Time to File Objections to Report and Recommendation of Magistrate Steven M. Gold by Cobra Capital, Inc., Herbert C. Dunayer. (Ferri, Joseph)
April 4, 2014 Filing 775 Letter from Geoffrey Potter to Judge Gold regarding sealing of the Court's Report and Recommendation by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
April 3, 2014 Filing 774 Letter to Judge Sandra Townes seeking anextension of time from 4/14/14 to 4/28/14 to file objections to Judge Steven Gold's report and recommendations by Dennis Cantor, Novex America (Bialek, Adam)
April 3, 2014 Filing 773 First MOTION for Extension of Time to File Objections to Report and Recommendation of Magistrate Steven M. Gold by Michael Barba, MSI Medical Supply, Inc.. (Zibas, Jura)
April 2, 2014 Filing 772 MOTION for Extension of Time to File Objections to Report And Recommendation of Magistrate Judge Steven M. Gold by Randy Crowell and by Green Valley Medical Distributors, LLC. (Saperstein, Martin)
April 2, 2014 Filing 771 MOTION for Extension of Time to File Objections To Report And Recommendation of Magistrate Steven M. Gold by Howard Goldman and by H&H Wholesale Services, Inc.. (Saperstein, Martin)
March 28, 2014 Opinion or Order Filing 770 ORDER re #769 REPORT AND RECOMMENDATIONS re #746 MOTION for Summary Judgment filed by LifeScan, Inc., Johnson & Johnson. See attached Order. Ordered by Chief Magistrate Judge Steven M. Gold on 3/28/2014. (Megdal, Deborah)
March 28, 2014 Filing 769 REPORT AND RECOMMENDATIONS re #746 MOTION for Summary Judgment filed by LifeScan, Inc., Johnson & Johnson (Objections to R&R due by 4/14/2014). For the reasons outlined in the attached Report, I respectfully recommend that: 1) plaintiffs' motion for summary judgment on their trademark infringement claims, brought under 15 U.S.C. 1114(1)(a), and on their false description claims, brought under 15 U.S.C. 1125(a)(1)(A), be granted against the Novex Defendants with respect to 116,736 counterfeit boxes of test strips; against the Green Valley Defendants with respect to 5,376 counterfeit boxes of test strips; against the MSI Defendants with respect to 90,604 counterfeit boxes of test strips; against the Cobra Defendants with respect to 456 counterfeit boxes of test strips; and against the H&H Defendants with respect to 20,244 counterfeit boxes of test strips; 2) plaintiffs' motion for summary judgment dismissing the affirmative defenses of unclean hands, laches, acquiesce, and waiver be granted; 3) plaintiffs' motion for summary judgment awarding enhanced statutory damages and permanent injunctive relief for willful infringement against the H&H Defendants be denied; and 4) plaintiffs' motion for entry of default judgments against the Midwest Defendants be denied, and their claims against the Midwest Defendants be dismissed. Ordered by Chief Magistrate Judge Steven M. Gold on 3/28/2014. (Megdal, Deborah)
February 26, 2014 Opinion or Order Filing 768 STIPULATION AND ORDER dated 2/25/14 settled and discontinued without cost with prejudice as to cross-claimant MedSource Pharmaceutical, LLC ("MedSource") and Med-Health Direct, Inc. ("Med-Health Direct"). ( Ordered by Judge Sandra L. Townes on 2/25/2014 ) (Guzzi, Roseann)
February 24, 2014 Filing 767 STIPULATION of Dismissal Of Cross-Claims of MedSource Pharmaceuticals LLC by Med-Health Direct, INC (Goodman, Stanley)
November 7, 2013 Opinion or Order Filing 766 CONSENT JUDGMENT AND PERMANENT INJUNCTION dated 11/1/13 #765 Motion for Judgment Based on Settlement; this consent judgment is entered and the action is hereby dismissed with prejudice only against the Sterling Wholesale defendants without cost or attorney's fee. ( Ordered by Judge Sandra L. Townes on 11/1/2013 ) (Guzzi, Roseann) Modified on 11/7/2013 as to Defendants Sterling Wholesale, LLC and Jeffrey B. Littman (Guzzi, Roseann).
October 30, 2013 Filing 765 Consent MOTION for Judgment Based on Settlement by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
October 3, 2013 Filing 764 Letter to Judge Gold regarding Sterling and Littman Settlement by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
September 18, 2013 Filing 763 NOTICE of Change of Address and e-mail address by Adam Bialek (Bialek, Adam)
June 28, 2013 Filing 762 Letter by Wolf Medical Supply, Inc., Gary Woolfson, Stacy Woolfson (Fiel, Wendy)
June 27, 2013 Opinion or Order Filing 761 ORDER: See attached Order for details. Ordered by Chief Magistrate Judge Steven M. Gold on 6/27/2013. (Megdal, Deborah)
June 27, 2013 Filing 760 Letter in Response to the Court's June 25, 2013 Order by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A) (Stein, Noah)
June 27, 2013 Filing 759 Letter by Wolf Medical Supply, Inc., Gary Woolfson, Stacy Woolfson (Fiel, Wendy)
June 25, 2013 Opinion or Order Filing 758 ORDER: See attached order for details. Response required by 6/27/13. Ordered by Chief Magistrate Judge Steven M. Gold on 6/25/2013. (Megdal, Deborah)
June 24, 2013 Filing 757 Letter in response to the Court's June 18, 2013 Order by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Stein, Noah)
June 24, 2013 Filing 756 Letter in response to the Court's June 18, 2013 Order by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Stein, Noah)
June 24, 2013 Filing 755 Letter by Dennis Cantor, Novex America (Bialek, Adam)
June 24, 2013 Opinion or Order ORDER re #752 : The Court only received one response to the Order of June 18, 2013. No objections have been filed to unsealing the memoranda of law and 56.1 statements at Docket Entries #747 , and exhibits 747-1 to 747-18. Accordingly, the Clerk of Court is directed to unseal these documents on Friday, June 28, 2013. Ordered by Chief Magistrate Judge Steven M. Gold on 6/24/2013. (Megdal, Deborah)
June 21, 2013 Filing 753 Letter from Geoffrey Potter to Judge Townes and Magistrate Gold regarding notarized copies of Affidavit of Johannes Bax and February 28, 2013 Declaration of Johannes Bax by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
June 20, 2013 Filing 754 DECLARATION re #746 MOTION for Summary Judgment by Johnson & Johnson (Attachments: #1 Exhibit 253.pdf, #2 Exhibit 254_Part1.pdf, #3 Exhibit 254_Part2.pdf, #4 Exhibit 254_Part3.pdf, #5 Exhibit 254_Part4.pdf, #6 Exhibit 254_Part5.pdf, #7 Exhibit 254_Part6.pdf, #8 Exhibit 254_Part7.pdf, #9 Exhibit 254_Part8.pdf, #10 Exhibit 254_Part9.pdf, #11 Exhibit 254_Part10.pdf, #12 Exhibit 254_Part11.pdf, #13 Exhibit 254_Part12.pdf) (Marziliano, August)
June 18, 2013 Opinion or Order Filing 752 ORDER re #747 Sealed, #746 : See attached order for details. Ordered by Chief Magistrate Judge Steven M. Gold on 6/18/2013. (Megdal, Deborah)
May 1, 2013 Opinion or Order ORDER granting #751 Motion to Withdraw as Attorney. Attorney Diana Siri Breaux terminated. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/1/2013. (Vasquez, Lea)
April 30, 2013 Filing 751 MOTION to Withdraw as Attorney by Johnson & Johnson, LifeScan, Inc. (Notice of Withdrawal of Diana Breaux as Counsel for Plaintiffs and Request for Removal from the Court's ECF Notification System) (Breaux, Diana) Modified on 5/1/2013 (Vasquez, Lea).
April 17, 2013 Opinion or Order Filing 750 ORDER RESPECTFULLY REFERRING #746 MOTION for Summary Judgment, the cross-motions for summary judgment, and plaintiffs' motion to file a late counterstatement of material facts (See Document #743 and this Court's order dated 4/12/2013) to Magistrate Judge Gold for a report and recommendation. Ordered by Judge Sandra L. Townes, on 4/16/2013. Motions referred to Steven M. Gold. (Barrett, C)
April 16, 2013 Filing 749 AFFIDAVIT/DECLARATION in Opposition re #746 MOTION for Summary Judgment Declaration of Howard B. Goldman in Opposition to Plaintiffs Motion for Summary Judgment on behalf of Defendants H&H Wholesale Services, Inc. and Howard B. Goldman filed by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Certificate of Service (Amended)) (Potter, Geoffrey)
April 15, 2013 Filing 748 RULE 56.1 STATEMENT re #747 Sealed, Response to Motion,,,,,,,,,,,,,,,,,,,, #746 MOTION for Summary Judgment Plaintiffs' (Proposed) Statement in Opposition to the Statement of Undisputed Material Facts Under Local Civil Rule 56.1 in Support of Sterling Wholesale and Jeffrey Littman's Motion for Summary Judgment filed by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
April 15, 2013 Filing 747 RESPONSE to Motion re #746 MOTION for Summary Judgment filed by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Rule 56.1 Statement Plaintiffs' Statement of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment, #2 Memorandum in Opposition to Plaintiffs' MSJ by Defendants Cobra Capital, Inc. and Herbert Dunayer, #3 Rule 56.1 Statement Defendants Cobra Capital, Inc. and Herbert Dunayer's Response to Plaintiffs' Rule 56.1 Statement, #4 Memorandum in Opposition to Plaintiffs' MSJ by Defendants Green Valley Medical Distributors, LLC and Randy Crowell, #5 Rule 56.1 Statement Defendants Green Valley Medical Distributors, LLC and Randy Crowell's Response to Plaintiffs' Rule 56.1 Statement, #6 Memorandum in Opposition to Plaintiffs' MSJ by Defendants H&H Wholesale, Inc. and Howard Goldman, #7 Rule 56.1 Statement Defendants H&H Wholesale Inc. and Howard Goldman's Reponse to Plaintiffs' Rule 56.1 Statement, #8 Memorandum in Opposition to Plaintiffs' MSJ by Defendants MSI Medical Supply, Inc. and Michael Barba, #9 Rule 56.1 Statement Defendants MSI Medical Supply, Inc. and Michael Barba's Response to Plaintiffs' Rule 56.1 Statement, #10 Rule 56.1 Statement Defendants MSI Medical Supply, Inc. and Michael Barba's Rule 56.1 Counterstatement of Undisputed Material Facts, #11 Memorandum in Opposition to Plaintiffs' MSJ by Defendants Novex America, Inc. and Dennis Cantor, #12 Rule 56.1 Statement Defendants Novex America, Inc. and Dennis Cantor's Response to Plaintiffs' Rule 56.1 Statement, #13 Rule 56.1 Statement Defendants Novex America, Inc. and Dennis Cantor's Rule 56.1 Counterstatement of Undisputed Material Facts, #14 Memorandum in Support Defendants Sterling Wholesale and Jeffery Littman's Brief in Support of Ther Cross Motion for Summary Judgment and in Opposition to Plaintiffs' MSJ, #15 Rule 56.1 Statement Defendants Sterling Wholesale and Jeffrey Littman's Reponse to Plaintiffs' Rule 56.1 Statement, #16 Rule 56.1 Statement Defendants Sterling Wholesale and Jeffrey Littman's Rule 56.1 Statement in Support of Their Cross Motion for Summary Judgment, #17 Memorandum in Support PLAINTIFFS' Reply Memorandum of Law in Further Support of Thier Motion for Summary Judgment, #18 Memorandum in Support Defendants Sterling Wholesale and Jeffrey Littman's Reply Memorandum of Law in Further Support of Their Cross Motion for Summary Judgment) (Potter, Geoffrey)
April 15, 2013 Filing 746 MOTION for Summary Judgment by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Declaration of Geoffrey Potter in Support of Plaintiffs Motion for Summary Judgment, #2 Declaration of Roy Albiani in Support of Plaintiffs' MSJ with Exhibits, #3 Declaration of Simon Dack in Support of Plaintiffs' MSJ with Exhibits, #4 Declaration of Mohamad Aqthar Khader in Support of Plaintiffs' MSJ, #5 Declaration of Patricia Maguire in Support of Plaintiffs' MSJ, #6 Certificate of Service re Plaintiffs' Motion for Summary Judgment Papers, #7 Declaration of Joseph P. Ferri, Jr. in Oppositio to Plaintiffs' MSJ on behalf of Defendants Cobra Capital, Inc. and Herbert Dunayer, #8 Certificate of Service re Defendants Cobra Capital and Herbert Dunayer's Opposition Papers, #9 Declaration of Martin I. Saperstein in Opposition to Plaintiffs' MSJ on behalf of Defendants Green Valley Medical Distributors, LLC and Randy Crowell, #10 Declaration of Stanley R. Goodman in Opposition to Plaintiffs' MSJ on behalf of Defendants H&H Wholesale, Inc., and Howard Goldman, #11 Declaration of Jura C. Zibas in Opposition to Plaintiffs' MSJ on behalf of Defendants MSI Medical Supply, Inc. and Michael Barba, #12 Declaration of Adam R. Bialek in Opposition to to Plaintiffs MSJ on behalf of Defendants Novex America, Inc. and Dennis Cantor, #13 Certificate of Service re Defendants Novex America Inc. and Dennis Cantor's Opposition Papers, #14 Notice of Motion Defendants Sterling Wholesale and Jeffrey Litmann's Notice of Cross-Motion for Summary Judgment, #15 Declaration of Paul F. Callan in Support of Sterling Wholesale and Jeffrey Littman's Cross Motion for Summary Judgment and in Opposition to Plaintffs' MSJ, #16 Declaration of Geoffrey Potter in Further Support of Plaintiffs' Reply Papers in Support of Their Motion for Summary Judgment, #17 Declaration of Carlos Hernandez in Further Support of Plaintiffs' Reply Papers in Support of Their Motion for Summary Judgment, #18 Exhibit Exhibits A-F to the Hernandez Declaration, #19 Exhibit Exhibits G-L to the Hernandez Declaration, #20 Exhibit Exhibits M-Q to the Hernandez Declaration, #21 Declaration of James Bracken in Further Support of Plaintiffs' Reply Papers in Support of Their Motion for Summary Judgment, #22 Declaration of Johannes Bax in Further Support of Plaintiffs' Reply Papers in Support of Their Motion for Summary Judgment with Exhibits, #23 Declaration of Wayne A. Barnes in Further Support of Plaintiffs' Reply Papers in Support of Their Motion for Summary Judgment, #24 Certificate of Service re Plaintiffs' Reply Papers) (Potter, Geoffrey) (Attachment 15 replaced on 5/11/2021) (Marziliano, August).
April 12, 2013 Opinion or Order Filing 745 ORDER granting in part #743 Motion for Leave to File. See attached order for details. Ordered by Judge Sandra L. Townes on 4/12/2013. (Caspari, Alexander)
April 10, 2013 Filing 744 RESPONSE in Opposition re #743 Letter MOTION for Leave to File Under Seal, Leave to File Excess Pages and Leave to File a 56.1(a) Statement in response to the Sterling Defendants 56.1(a) Statement filed by Jeffrey B. Littman, Sterling Wholesale, LLC. (Callan, Paul)
April 9, 2013 Filing 743 Letter MOTION for Leave to File Under Seal, Leave to File Excess Pages and Leave to File a 56.1(a) Statement in response to the Sterling Defendants 56.1(a) Statement by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
March 15, 2013 Opinion or Order Filing 742 ORDER granting #741 Motion for Leave to File Excess Pages. Ordered by Judge Sandra L. Townes on 3/14/2013. (Siegfried, Evan)
March 13, 2013 Filing 741 Letter MOTION for Leave to File Excess Pages by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
February 20, 2013 Opinion or Order Filing 740 CONSENT JUDGMENT. Ordered by Judge Sandra L. Townes on 2/13/2013. (Siegfried, Evan)
February 20, 2013 Email Notification Test - DO NOT REPLY (Piper, Francine)
February 13, 2013 Filing 739 Mail Returned as Undeliverable. Mail sent to Sean David McAndrew at Howrey LLP 153 East 53rd 54th Floor New York, NY 10022. Mail contained docket entry #736 . (Siegfried, Evan)
February 13, 2013 Filing 738 Mail Returned as Undeliverable. Mail sent to Ilyssa Birnbach Sena at Kramer, Levin, Naftalis & Frankel, 919 Third Avenue New York, NY 10022. Mail contained docket entry #736 . (Siegfried, Evan)
February 12, 2013 Filing 737 Mail Returned as Undeliverable. Mail sent to Ilyssa Birnbach Sena at Kramer, Levin, Naftalis & Frankel, 919 Third Avenue New York, NY 10022. Mail contained docket entries #726 , #727 , #728 , #729 and #730 . (Siegfried, Evan)
January 28, 2013 Opinion or Order Filing 736 ENDORSED ORDER on document #733, granting #733 Motion for Extension of Time to File Response/Reply. (Ordered by Judge Sandra L. Townes on 1/24/2013) c/m (Galeano, Sonia)
January 28, 2013 Mail Returned as Undeliverable. Mail sent to Sean David McAndrew at Howrey LLP 153 East 53rd 54th Floor New York, NY 10022. Mail contained docket entry #726 , #727 , #728 , #729 and #730 . (Siegfried, Evan)
January 23, 2013 Mail Returned as Undeliverable. Mail sent to Rafael Curquejo at 2333 Brickell Avenue Apt. #2409 Miami, FL 33129. Mail contained docket entry #724 . (Siegfried, Evan)
January 22, 2013 Filing 735 Mail Returned as Undeliverable, "Return to Sender, Not Deliverable As Addressed, Unable to Forward." Documents #726-730 were previously sent to Dennis Gatscher. (Galeano, Sonia)
January 22, 2013 Filing 733 Letter MOTION for Extension of Time to File Response/Reply by Johnson & Johnson, LifeScan, Inc.. (Yatrakis, Christos)
January 17, 2013 Filing 734 Mail Returned as Undeliverable, "Return to Sender, Not Deliverable As Addressed, Unable to Forward." Document #724 previously sent to Dennis Gatscher. (Galeano, Sonia) (Main Document 734 replaced on 1/22/2013) (Galeano, Sonia).
January 14, 2013 Filing 732 Mail Returned as Undeliverable, "Return to Sender, Not Deliverable As Addressed, Unable to Forward." Document #724 previously sent to Sean David McAndrew. (Galeano, Sonia) (Main Document 732 replaced on 1/22/2013) (Galeano, Sonia).
January 14, 2013 Filing 731 Mail Returned as Undeliverable, "Return to Sender, Not Deliverable As Addressed, Unable to Forward." Document #724 previously sent to Ilyssa Birnbach Sena. (Galeano, Sonia) (Main Document 731 replaced on 1/22/2013) (Galeano, Sonia).
January 10, 2013 Opinion or Order Filing 730 ENDORSED ORDER ON DOCUMENT #725, granting #725 Motion for Leave to File Excess Pages. (Ordered by Judge Sandra L. Townes on 1/09/2013) C/M (Galeano, Sonia)
January 10, 2013 Opinion or Order Filing 729 ENDORSED ORDER ON DOCUMENT #723, The application is granted. (Ordered by Judge Sandra L. Townes on 1/04/2013) c/m (Galeano, Sonia)
January 10, 2013 Opinion or Order Filing 728 ENDORSED ORDER ON DOCUMENT #722, The application is granted. (Ordered by Judge Sandra L. Townes on 1/04/2013) c/m (Galeano, Sonia)
January 10, 2013 Opinion or Order Filing 727 ENDORSED ORDER ON DOCUMENT #721, The application is granted. (Ordered by Judge Sandra L. Townes on 1/04/2013) c/m (Galeano, Sonia)
January 10, 2013 Opinion or Order Filing 726 ENDORSED ORDER ON DOCUMENT #716, The application is granted. (Ordered by Judge Sandra L. Townes on 12/6/12) c/m (Galeano, Sonia)
January 8, 2013 Filing 725 MOTION for Leave to File Excess Pages by Cobra Capital, Inc.. (Ferri, Joseph)
January 7, 2013 Opinion or Order Filing 724 ENDORSED ORDER on document #720, the application is granted. (Ordered by Judge Sandra L. Townes on 1/3/2013) c/m (Galeano, Sonia)
January 3, 2013 Filing 723 Letter Regarding Page Limit Allowances And 56.1 Statement by Jeffrey B. Littman, Sterling Wholesale, LLC (Callan, Paul)
January 3, 2013 Filing 722 Letter Regarding Page Limit Allowances And 56.1 Statement by Randy Crowell and by Green Valley Medical Distributors, LLC (Saperstein, Martin)
January 3, 2013 Filing 721 Letter Regarding Page Limit Allowances And 56.1 Statement by Howard Goldman and by H&H Wholesale Services, Inc. (Saperstein, Martin)
January 2, 2013 Filing 720 Letter regarding page limit allowances and 56.1 Statement by A&M Marketing, Michael Barba, MSI Medical Supply, Inc. (Zibas, Jura)
January 2, 2013 Opinion or Order Filing 719 ORDER granting #716 (as to the briefing schedule revision) Motion for Extension of Time to File Response/Reply. Ordered by Judge Sandra L. Townes on 12/27/2012. (Siegfried, Evan)
January 2, 2013 Opinion or Order Filing 718 ORDER re #717 Letter filed by Dennis Cantor, Novex America. Application granted. Each defendant must file its own request as to Novex and Dennis Cantor only. Ordered by Judge Sandra L. Townes on 12/27/2012. (Siegfried, Evan)
December 21, 2012 Filing 717 Letter regarding page limit allowances and 56.1 Statement by Dennis Cantor, Novex America (Bialek, Adam)
December 5, 2012 Filing 716 MOTION for Extension of Time to File Response/Reply Extension of time re: Opposition to Summary Judgment Briefing Schedule by Michael Barba, MSI Medical Supply, Inc.. (Zibas, Jura)
October 3, 2012 Filing 715 NOTICE of Appearance by Jeremy Alexander Weinberg on behalf of Johnson & Johnson, LifeScan, Inc. (aty to be noticed) (Weinberg, Jeremy)
September 14, 2012 Opinion or Order Filing 714 ORDER granting #709 Motion for Leave to File Excess Pages. Ordered by Judge Sandra L. Townes on 9/12/2012. (Siegfried, Evan)
September 14, 2012 Opinion or Order Filing 713 ORDER re #710 Letter filed by H&H Wholesale Services, Inc. Application denied. Issues specific to particular defendants, including damages, will be considered separately regardless of the form in which the motions are brought. Ordered by Judge Sandra L. Townes on 9/13/2012. (Siegfried, Evan)
September 14, 2012 Opinion or Order Filing 712 ORDER re #708 Letter filed by LifeScan, Inc., Johnson & Johnson. Application is granted as modified. See attached document for further information. Ordered by Judge Sandra L. Townes on 9/13/2012. (Siegfried, Evan)
September 13, 2012 Filing 711 REPLY in Support re #709 Letter MOTION for Leave to File Excess Pages re memorandum of law in support of plaintiffs' motion for summary judgment filed by Johnson & Johnson, LifeScan, Inc.. (Stein, Noah)
September 12, 2012 Filing 710 Letter To Judge Sandra L. Townes by H&H Wholesale Services, Inc. (Saperstein, Martin)
September 11, 2012 Filing 709 Letter MOTION for Leave to File Excess Pages re memorandum of law in support of plaintiffs' motion for summary judgment by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
August 20, 2012 Filing 708 Letter from Geoffrey Potter to Judge Townes regarding Parties' joint proposed briefing schedule by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
August 14, 2012 Filing 707 Letter From Geoffrey Potter to Judge Gold in Response to the August 10, 2012 Letter From Defendant Sterling Wholesale by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
August 14, 2012 Opinion or Order ORDER re #707 Letter filed by LifeScan, Inc., Johnson & Johnson. The Court is in receipt of plaintiffs' letter of August 14 and directs the parties to its order of August 10. If it is in fact the parties' contention that these contemplated motions have been referred to the undersigned, they shall point to where on the docket sheet this is evidenced. Ordered by Chief Magistrate Judge Steven M. Gold on 8/14/2012. (Keefe, Reed)
August 10, 2012 Filing 706 Letter to Judge Gold re Premotion Application by Sterling Wholesale, LLC (Callan, Paul)
August 10, 2012 Opinion or Order ORDER re #705 Letter filed by LifeScan, Inc., Johnson & Johnson. The Court has received the plaintiffs' letter, which indicates that fact discovery is complete and the case is ripe for summary judgment motion practice. The parties' proposed briefing schedule shall be submitted to Judge Townes, who, absent referral or consent of the parties, will be hearing the motion. Ordered by Chief Magistrate Judge Steven M. Gold on 8/10/2012. (Keefe, Reed)
August 9, 2012 Filing 705 Letter to Judge Gold Regarding Proposed Schedule for Summary Judgment Motion by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
July 19, 2012 Filing 704 Minute Entry for Settlement Conference held on 7/18/2012 before Chief Magistrate Judge Steven M. Gold: Potter, Yatrakis, and Strong, with Rickles, for plaintiffs; Callan, Barrett and Olderman for Sterling and Littman; Howell for Hanover; Bernier and Mumford for Travelers. Settlement cannot be achieved at this time. Plaintiffs' counsel shall confer with counsel for all remaining parties and submit a letter proposing a schedule for remaining discovery and motion practice by August 10, 2012. (Vasquez, Lea)
July 13, 2012 Filing 703 Letter (Mediation Statement of Johnson & Johnson and LifeScan, Inc. re Sterling Wholesale and Litman) by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Potter, Geoffrey)
July 13, 2012 Filing 702 Letter re Mediation Position Statement by Sterling Wholesale, LLC (Callan, Paul)
June 6, 2012 Opinion or Order Filing 701 CONSENT JUDGMENT. Ordered by Judge Sandra L. Townes on 6/1/2012. (Siegfried, Evan)
May 31, 2012 Filing 700 STIPULATION (Consent Judgment between Plaintiffs and Defendants Rowan Tree 1123 cc, Hadida Trading cc, Coenraad Hendrick Swart, and Elizabeth Venter) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
May 30, 2012 Filing 699 Letter from Geoffrey Potter to Judge Gold responding to Novex's letter dated May 24, 2012 by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
May 24, 2012 Filing 698 Letter re: cast status (Siegfried, Evan)
April 25, 2012 Opinion or Order SCHEDULING ORDER re #697 Letter filed by LifeScan, Inc., Johnson & Johnson: The settlement conference will be held at 2:30 p.m. on July 18, 2012. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/25/2012. (Vasquez, Lea)
April 24, 2012 Filing 697 Letter to Judge Gold re: Availability of Parties For In-Person Mediation Scheduled For July 18, 2012 by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
April 24, 2012 Filing 696 Minute Entry for Telephone Conference held on 4/23/2012 before Chief Magistrate Judge Steven M. Gold: Yatrakis for plaintiffs; Callan and Barrett for Sterling in the instant action; Kodsi for Sterling in its litigations with Travelers; Dial for Travelers in its Florida litigation with Sterling; Caspar for Travelers in its Virginia litigation with Sterling; Chu for Hanover (defending Sterling in the instant action under a reservation of rights). THE COURT WILL HOLD A SETTLEMENT CONFERENCE AT 2:30 P.M. ON JULY 18 OR 19, 2012. COUNSEL SHALL SUBMIT A LETTER BY 5:00 PM ON APRIL 24 SELECTING ONE OF THE TWO PROPOSED DATES. The parties shall filed sealed mediation statements by July 13, 2012. (Vasquez, Lea)
April 20, 2012 AMENDED SCHEDULING ORDER: For the April 23rd telephone conference, counsel for Hanover are also required to participate. Counsel for plaintiff is directed to immediately notify Hanover of the conference call. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/20/2012. (O'Connor, Erin)
April 20, 2012 Opinion or Order ORDER: Due to a conflict in the Court's calendar, the telephone conference scheduled for 11:00 a.m. on April 23rd will instead be held at 3:00 p.m. on the same date. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/20/2012. (Vasquez, Lea)
April 17, 2012 Opinion or Order SCHEDULING ORDER re #694 Letter filed by LifeScan, Inc., Johnson & Johnson: A telephone conference will be held at 11:00 a.m. on April 23, 2012 before the undersigned. Counsel for plaintiff Johnson & Johnson and counsel for the "Sterling Defendants" and "Travelers" are the only parties required to participate in the conference. Counsel for plaintiff is also directed to arrange the call with all parties notify any parties who may not receive the electronic notification, of this conference. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/17/2012. (Vasquez, Lea)
April 10, 2012 Filing 694 Letter to Judge Gold providing an update of settlement efforts between Johnson & Johnson and the Sterling Defendants by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
April 9, 2012 Filing 693 Letter in Opposition to Novex's April 2, 2012 Letter Application to Modify Stipulated Order Freezing Assets by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Potter, Geoffrey)
February 15, 2012 Filing 692 Minute Entry for Settlement Conference held on 2/14/2012 before Chief Magistrate Judge Steven M. Gold: Potter and Yatrakis for plaintiff, Callan and Benett, with Howell and Littman present, for defendants Sterling and Littman. The parties are unable to reach a settlement at this time. Unless settlement discussions are continuing, any party seeking to move for summary judgment shall submit a premotion conference application by April 15. If neither side anticipates moving for summary judgment, the parties shall submit a letter by April 15 proposing a date for completion of a joint pretrial order. (Vasquez, Lea)
February 7, 2012 Filing 691 Letter re: Mediation Position Statement by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 7, 2012 Filing 690 Letter re Mediation Position Statement by Jeffrey B. Littman, Sterling Wholesale, LLC (Callan, Paul)
January 10, 2012 Opinion or Order SCHEDULING ORDER re #689 Letter filed by LifeScan, Inc., Johnson & Johnson: A mediation session will be held at 3:00 p.m. on February 14, 2012 in Courtroom 13-D South before the undersigned with plaintiffs' counsel and counsel for Sterling defendants. By February 7th, counsel are directed to submit letters to the Court via ex parte electronic filing, outlining their respective settlement positions. Should counsel require assistance with this type of electronic filing, they may contact the Clerk's Office at 718-613-2610. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/10/2012. (Vasquez, Lea)
January 6, 2012 Filing 689 Letter to Judge Gold from C. Yatrakis requesting mediation with defendants Sterling Wholesale LLC and Jeffrey Littman by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
September 19, 2011 Opinion or Order Filing 688 CONSENT JUDGMENT AND INJUNCTION. [Please see attached document for detailed information.] So Ordered by Judge Sandra L. Townes on 9/15/2011. (Manuel, Germaine)
September 14, 2011 Filing 687 STIPULATION Consent Judgment and Injunction with respect to Defendants MedSource Direct, Inc., Timothy Farnes, and Tyler Farnes by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
August 18, 2011 Filing 686 Letter to Judge Gold providing an update of settlement efforts by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
July 28, 2011 Filing 685 Letter (Johnson & Johnson's Mediation Statement for August 4, 2011 Mediation with the Farnes Brothers and MedSource Direct to Chief Magistrate Judge Gold) by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A) (Potter, Geoffrey)
July 28, 2011 Filing 684 Letter to Judge Gold (Settlement Conference Statement) by Medsource Direct, Inc. (Keppner, Shane)
June 20, 2011 Filing 682 STIPULATION Consent Judgment and Permanent Injunction with respect to Defendant Aristidis Spanellis by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
June 16, 2011 NOTICE re Settlement Conference scheduled for August 4th: The new date by which settlement positions are to be filed ex parte with the Court is July 28th. (Vasquez, Lea)
June 6, 2011 Filing 681 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/11/11, before Judge Townes. Court Reporter/Transcriber G. Rudolph, Telephone number 718-613-2538. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/27/2011. Redacted Transcript Deadline set for 7/7/2011. Release of Transcript Restriction set for 9/6/2011. (Rudolph, Gene)
May 17, 2011 Filing 680 Clerk's ENTRY OF DEFAULT as to Cees Jan Quirijns Motions terminated: #658 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Cees Jan Quirijns) filed by LifeScan, Inc., Johnson & Johnson. (Hamilton, Janet)
May 16, 2011 Filing 679 Clerk's ENTRY OF DEFAULT as to Rowan Tree 1123 CC Motions terminated: #657 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Rowan Tree 1123 CC) filed by LifeScan, Inc., Johnson & Johnson. (Hamilton, Janet)
May 16, 2011 Filing 678 Clerk's ENTRY OF DEFAULT as to First Pharma Ghana, Ltd. Motions terminated: #656 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant First Pharma Ghana Ltd.) filed by LifeScan, Inc., Johnson & Johnson. (Hamilton, Janet)
May 13, 2011 Filing 677 Clerk's ENTRY OF DEFAULT as to Coenraad Hendrik Swart Motions terminated: #651 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Coenraad Hendrik Swart) filed by LifeScan, Inc., Johnson & Johnson. (Hamilton, Janet)
May 13, 2011 Filing 676 Clerk's ENTRY OF DEFAULT as to Elizabeth M. Venter Motions terminated: #650 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Elizabeth Venter) filed by LifeScan, Inc., Johnson & Johnson. (Hamilton, Janet)
May 13, 2011 Filing 675 Clerk's ENTRY OF DEFAULT as to Midwest Drug Supply, LLC Motions terminated: #653 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Midwest Drug Supply, LLC) filed by LifeScan, Inc., Johnson & Johnson. (Hamilton, Janet)
May 13, 2011 Filing 674 Clerk's ENTRY OF DEFAULT as to Dennis Gatscher Motions terminated: #652 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Dennis Gatscher) filed by LifeScan, Inc., Johnson & Johnson. (Hamilton, Janet)
May 12, 2011 Opinion or Order SCHEDULING ORDER re #673 Letter filed by Medsource Direct, Inc.: The conference previously scheduled for June 28th will instead be held at 2:00 p.m. on August 4th. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/12/2011. (Vasquez, Lea)
May 6, 2011 Filing 673 Letter to Magistrate Gold regarding settlement conference date by Medsource Direct, Inc. (Keppner, Shane)
May 4, 2011 Opinion or Order ORDER : Other than July 7 and 18, the Court is generally available between July 6 and 22. Counsel shall confer and submit a letter proposing a specific date within the suggested time frames by May 6. Ordered by Chief Magistrate Steven M. Gold on 5/4/2011. (Gold, Steven)
May 3, 2011 Filing 672 Letter from Geoffrey Potter to Judge Gold re: Mr. Keppner's request to reschedule the settlement conference previously scheduled for June 28, 2011 by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
May 3, 2011 Filing 670 Letter to Magistrate Gold regarding settlement conference date by Medsource Direct, Inc. (Keppner, Shane)
May 3, 2011 NOTICE re Telephone Conference: The parties shall provide the Court with settlement statements no later than June 21. The statements may be submitted ex parte. (Vasquez, Lea)
May 2, 2011 Minute Entry for Telephone Conference held on 5/2/2011 before Chief Magistrate Judge Steven M. Gold: Potter and Stein for plaintiffs; Weissman for Farneses (with their coverage counsel, Humphreys, participating but not havng appeared in this action); Keppner for MedSource. The court will hold a settlement conference at 2:00 pm on June 28, 2011. Principals of all parties must be present. Absent a motion supported by a legal memorandum explaining why it may not be required to do so, defendants' insurance carrier shall have a representative at the conference who is familiar with the case and relevant coverage issues and has authority to decide whether and to what extent the carrier may be willing to participate in a settlement. (Vasquez, Lea)
April 27, 2011 Opinion or Order ORDER re #669 Letter: The telephone conference will be held instead at 2:00 p.m. on May 2, 2011. Plaintiffs' counsel is directed to arrange the conference call and to confirm that all parties are aware of the change in date and time. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/27/2011. (O'Connor, Erin)
April 26, 2011 Filing 669 Letter from Geoffrey Potter to Magistrate Judge Gold requesting a new time for the telephone status conference by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
April 26, 2011 Filing 668 Letter regarding telephone conference by Timothy L. Farnes, Tyler William Farnes (Margulis, Andrew)
April 26, 2011 Filing 667 Letter from Geoffrey Potter to Magistrate Judge Gold requesting a telephone status conference by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
April 26, 2011 Opinion or Order SCHEDULING ORDER re #667 Letter filed by LifeScan, Inc., Johnson & Johnson: A telephone conference will be held at 11:30 a.m. on April 27, 2011 with counsel for Johnson & Johnson and defendants MedSource and Farnes Brothers. Plaintiff's counsel is directed to arrange the call with all parties as well as confirm this conference date and time with defendants' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/26/2011. (Vasquez, Lea)
March 28, 2011 Opinion or Order Filing 666 ORDER REFERRING MOTION: #629 Notice of MOTION to Dismiss for Lack of Jurisdiction filed by Tyler William Farnes, Timothy L. Farnes. Ordered by Judge Sandra L. Townes on 3/15/2011. Motion referred to Magistrate Judge Steven M. Gold for a Report and Recommendation. (Manuel, Germaine)
March 14, 2011 Filing 665 REPLY in Support of Motion to Dismiss filed by Timothy L. Farnes, Tyler William Farnes. (Attachments: #1 Declaration of Timothy Farnes, #2 Declaration of Tyler Farnes, #3 Certificate of Service) (Weissman, Eric)
March 14, 2011 Opinion or Order Filing 664 ENDORSED #663 STIPULATION AND ORDER Adding Medsource Direct., Inc., as a Defendant in this matter. So Ordered by Judge Sandra L. Townes on 3/9/2011. (Manuel, Germaine)
March 8, 2011 Opinion or Order Filing 663 STIPULATION and Order Adding Medsource Direct, Inc. as a Defendant by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
March 3, 2011 Filing 662 NOTICE of Change of Firm Address by Eric Corey Weissman (Weissman, Eric)
March 1, 2011 Filing 661 CERTIFICATE OF SERVICE by Johnson & Johnson, LifeScan, Inc. re #659 Memorandum in Opposition, #660 Affidavit in Opposition to Motion,,, (Potter, Geoffrey)
February 28, 2011 Filing 660 AFFIDAVIT/DECLARATION in Opposition re #629 Notice of MOTION to Dismiss for Lack of Jurisdiction Declaration of Geoffrey Potter in Support of Johnson & Johnson's Opposition to Defendants Timothy and Tyler Farnes's Motion to Dismiss filed by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Redacted), #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N (Redacted), #15 Exhibit O (Redacted), #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V (Redacted), #23 Exhibit W, #24 Exhibit X (Redacted), #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB) (Potter, Geoffrey)
February 28, 2011 Filing 659 MEMORANDUM in Opposition re #629 Notice of MOTION to Dismiss for Lack of Jurisdiction filed by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
February 16, 2011 Filing 658 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Cees Jan Quirijns) by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
February 16, 2011 Filing 657 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Rowan Tree 1123 CC) by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
February 16, 2011 Filing 656 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant First Pharma Ghana Ltd.) by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
February 15, 2011 Filing 655 NOTICE of Appearance by Noah Stein on behalf of Johnson & Johnson, LifeScan, Inc. (notification declined or already on case) (Stein, Noah)
February 8, 2011 Opinion or Order Filing 654 ENDORSED #649 CONSENT JUDGMENT AND PERMANENT INJUNCTION. Ordered by Judge Sandra L. Townes on 2/7/2011. (Manuel, Germaine)
February 8, 2011 Filing 653 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Midwest Drug Supply, LLC) by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
February 8, 2011 Filing 652 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Dennis Gatscher) by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
February 8, 2011 Filing 651 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Coenraad Hendrik Swart) by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
February 8, 2011 Filing 650 MOTION for Entry of Default (Request to Enter Default and for Issuance of Notation of Default as to Defendant Elizabeth Venter) by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
February 4, 2011 Filing 649 STIPULATION (Consent Judgment and Permanent Injunction with respect to Defendants Freedom Exports, Inc. and Rafael Curquejo) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
January 31, 2011 Filing 648 Letter in Response to Plaintiffs' Local Letter Requesting Pre-Motion Conference by Medsource Direct (Attachments: #1 Rule 56.1 Statement) (Keppner, Shane)
January 31, 2011 Filing 647 Letter in Opposition to Plaintiffs' Letter Motion for Pre-Motion Conference by Dennis Cantor, Novex America (Attachments: #1 Rule 56.1 Statement) (Bialek, Adam)
January 31, 2011 Filing 646 Letter in opposition to Plaintiffs' Letter-Motion for Pre-Motion Conference by MSI Medical Supply, Inc. (Attachments: #1 Rule 56.1 Statement) (Zibas, Jura)
January 31, 2011 Filing 645 RULE 56.1 STATEMENT Letter in Opposition to Plaintiffs' Letter Motion for Pre-Motion Conference with Rule 56.1 Statement filed by Sterling Wholesale, LLC. (Attachments: #1 Rule 56.1 Statement) (Wilner, Marc)
January 31, 2011 Minute Entry for mediation held on 1/28/2011 before Chief Magistrate Judge Steven M. Gold: Potter, Yatrakis et al. for plaintiff, Young et al. for defendant Spanellis. The parties have reached a settlement agreement. As per the terms of the agreement, a stipulation discontinuing plaintiff's claims against Spanellis and Gymtrade will be filed with the Court on or before September 1, 2011. (Vasquez, Lea)
January 28, 2011 Filing 644 Letter in Opposition to Plaintiffs' Letter-Motion for Pre-Motion Conference by Cobra Capital, Inc., Herbert C. Dunayer (Attachments: #1 Rule 56.1 Statement) (Ferri, Joseph)
January 27, 2011 Filing 643 Letter in Opposition to Plaintiffs' Letter Motion for Pre-Motion Conference by Howard B. Goldman and by H&H Wholesale Services, Inc. (Attachments: #1 Rule 56.1 Statement) (Saperstein, Martin)
January 27, 2011 Filing 642 Letter in Opposition to Plaintiffs' Letter Motion for pre-MotionConference by Randy Crowell and by Green Valley Medical Distributors, LLC (Attachments: #1 Rule 56.1 Statement) (Saperstein, Martin)
January 25, 2011 Filing 641 Letter (Mediation Statement of Johnson & Johnson and LifeScan, Inc. re Spanellis) by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2 part 1, #3 Exhibit 2 part 2, #4 Exhibit 2 part 3, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12 part 1, #15 Exhibit 12 part 2, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16) (Potter, Geoffrey)
January 19, 2011 Filing 640 ENDORSED ORDER re #639 Notice of Consent to Change Attorney. Attorney Joanne J. Romero (of Lewis Brisbos Bisgarrde & Smith LLP) terminated. Ordered by Chief Magistrate Steven M. Gold on 1/19/2011. (Manuel, Germaine)
January 19, 2011 Filing 639 NOTICE of Consent to Change Attorney by Joanne J. Romero Lewis Brisbois Bisgaard & Smith LLP (Romero, Joanne)
January 18, 2011 Filing 638 Letter from Geoffrey Potter on behalf of Plaintiffs in Opposition to Letter of Timothy and Tyler Farnes dated January 7, 2011 (docket # 628) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
January 14, 2011 Filing 637 Letter dated 1/12/11 from David J. Spring, Esq., requesting that his name be removed from the ECF notification list with regard to this matter. (Manuel, Germaine)
January 12, 2011 Filing 636 Letter dated 1/11/11 from Marjorie E. Sheldon, Esq., informing the Court that "as of several years ago, Kramer Levin Naftalis & Frankel, LLP no longer represents Johnson & Johnson" in this case, and asking that Ms. Sheldon's name and e-mail address be removed from the case information. (Manuel, Germaine)
January 11, 2011 Filing 635 Letter with Protective Order by Michael Barbra, MSI Medical Supply, Inc. (Zibas, Jura)
January 11, 2011 Filing 634 CERTIFICATE OF SERVICE by Timothy L. Farnes, Tyler William Farnes re #632 Affidavit in Support of Motion, #631 Affidavit in Support of Motion, #629 Notice of MOTION to Dismiss for Lack of Jurisdiction, #633 Affidavit in Support of Motion, #630 Memorandum in Support (Weissman, Eric)
January 11, 2011 Filing 633 AFFIDAVIT/DECLARATION in Support re #629 Notice of MOTION to Dismiss for Lack of Jurisdiction by Tyler Farnes filed by Timothy L. Farnes, Tyler William Farnes. (Weissman, Eric)
January 11, 2011 Filing 632 AFFIDAVIT/DECLARATION in Support re #629 Notice of MOTION to Dismiss for Lack of Jurisdiction by Timothy Farnes filed by Timothy L. Farnes, Tyler William Farnes. (Weissman, Eric)
January 11, 2011 Filing 631 AFFIDAVIT/DECLARATION in Support re #629 Notice of MOTION to Dismiss for Lack of Jurisdiction by Eric C. Weissman filed by Timothy L. Farnes, Tyler William Farnes. (Attachments: #1 Exhibit, #2 Exhibit) (Weissman, Eric)
January 11, 2011 Filing 630 MEMORANDUM in Support of Motion to Dismiss for Lack of Personal Jurisdiction filed by Timothy L. Farnes, Tyler William Farnes. (Weissman, Eric)
January 11, 2011 Filing 629 Notice of MOTION to Dismiss for Lack of Jurisdiction by Timothy L. Farnes, Tyler William Farnes. Responses due by 2/28/2011 (Weissman, Eric)
January 11, 2011 Filing 628 Letter to Court Responding to Plaintiffs' December 22, 2010 Pre-Motion Letter by Timothy L. Farnes, Tyler William Farnes (Weissman, Eric)
January 11, 2011 Opinion or Order ORDER re #635 Letter filed by MSI Medical Supply, Inc., Michael Barbra. The proposed Protective Order attached to Docket Entry 635 is hereby entered as an Order of the court. Ordered by Chief Magistrate Judge Steven M. Gold on 1/11/2011. (O'Connor, Erin)
January 7, 2011 Minute Entry for Telephone Conference held on 1/6/2011 before Chief Magistrate Judge Steven M. Gold: Potter et al. for plaintiffs, Bialek et al. for defendants. Defendants will disclose the identity of the expert or experts with whom they intend to share confidential documents subject to the limitations on plaintiffs stated on the record during the course of today's conference. Because plaintiffs will have two weeks to state any objection to the defendants' expert(s), defendants' time to respond to plaintiffs' premotion conference application is extended from January 17 to January 31. (Tape #FTR 10:06-10:26.) (Vasquez, Lea)
January 5, 2011 Filing 627 Letter from G. Potter to Judge Gold requesting modification of briefing schedule for Farneses' motion to dismiss by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
January 5, 2011 Opinion or Order ORDER re #627 Letter filed by LifeScan, Inc., Johnson & Johnson. The proposed revision to the schedule for briefing the motion of the Farneses to dismiss, being made on consent, is approved. Ordered by Chief Magistrate Steven M. Gold on 1/5/2011. (Gold, Steven)
January 3, 2011 Filing 626 NOTICE of Appearance by Jason Scott Gould on behalf of Johnson & Johnson, LifeScan, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Gould, Jason)
January 3, 2011 Opinion or Order Filing 625 ENDORSED #623 CONSENT JUDGMENT AND PERMANENT INJUNCTION between Plaintiffs and DBS Defendants. Ordered by Judge Sandra L. Townes on 1/3/2011. (Manuel, Germaine)
January 3, 2011 Opinion or Order SCHEDULING ORDER re #624 Letter filed by LifeScan, Inc., Johnson & Johnson: The conference previously scheduled for January 4th will instead be held at 10:00 a.m. on January 6, 2011. So Ordered by Chief Magistrate Judge Steven M. Gold on 1/3/2011. (Vasquez, Lea)
December 30, 2010 Filing 624 Letter from C. Yatrakis to Judge Gold requesting adjournment of telephone conference scheduled for January 4, 2011, 12:00 pm by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
December 29, 2010 Filing 623 STIPULATION (Consent Judgment and Permanent Injunction between Plaintiffs and DBS Defendants) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
December 29, 2010 Opinion or Order SCHEDULING ORDER re #619 Letter filed by Dennis Cantor, Novex America, #622 Letter filed by LifeScan, Inc., Johnson & Johnson: A telephone conference will be held at 12:00 p.m. on January 4, 2011. Counsel for plaintiffs and counsel for defendant Cantor are the only parties required to participate. Defendant's counsel is requested to arrange the call with all parties. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/29/2010. (Vasquez, Lea)
December 23, 2010 Filing 622 Letter in Opposition to Defendants' December 17, 2010 Letter Application Seeking to Disclose Confidential Documents by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
December 23, 2010 Opinion or Order Filing 621 ORDER re #612 Letter/Motion by Plaintiffs requesting sanctions with respect to, and opposing, #611 Letter by defendants Dennis Cantor and Novex America (the "Novex Defendants") requesting a pre-motion conference. The Novex Defendants' request for a pre-motion conference, although not technically necessary, is granted and the pre-motion conference is hereby scheduled for January 12, 2011, at 2:00 p.m. Plaintiffs motion for sanctions is denied and will not be addressed at that conference. Ordered by Judge Sandra L. Townes on 12/23/2010. (Caspari, Alexander)
December 22, 2010 Filing 620 Letter MOTION for pre motion conference by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Supplement Local Civil Rule 56.1 Statement in Support of Plaintiffs' Request for Pre-Motion Conference) (Potter, Geoffrey)
December 20, 2010 Minute Entry for Telephone Conference held on 12/20/2010 before Chief Magistrate Judge Steven M. Gold: Potter and Yatrakis for plaintiff, Young for Spanellis. THE COURT WILL HOLD A SETTLEMENT CONFERENCE WITH RESPECT TO DEFENDANT SPANELLIS AT 10 AM ON JANUARY 28, 2011. Mr. Stevens shall be present on behalf of Mr. Spanellis together with counsel of record in this action, and Mr. Spanellis shall be available by telephone. A representative of plaintiff shall also be present. Mediation statements, which may be ex parte in whole or in part, shall be submitted by January 25. (Vasquez, Lea)
December 17, 2010 Filing 619 Letter Motion allowing the disclosure of documents by Dennis Cantor, Novex America (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D in camera, #5 Exhibit E in camera) (Bialek, Adam)
December 15, 2010 Opinion or Order SCHEDULING ORDER re #618 Letter filed by Aristidis Spanellis: An in-person mediation session will be held at 10:00 a.m. on January 28th. A telephone conference to discuss who will be present at the mediation and to set a date for submission of mediation statements will be held at 12:30 p.m. on December 20th. Counsel for defendant Spanellis is directed to arrange the call with all parties as well as confirm this conference date with counsel for plaintiffs. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/15/2010. (Vasquez, Lea)
December 13, 2010 Filing 618 Letter to Judge Gold requesting mediation by Aristidis Spanellis (Young, Alyssa)
December 7, 2010 Filing 617 ANSWER to #22 Third Amended Complaint, filed by Rafael Curquejo. (Galeano, Sonia)
December 2, 2010 Filing 616 TRANSCRIPT of Proceedings held on November 15, 2010, before Judge Gold. Court Transcriber: TypeWrite Word processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/23/2010. Redacted Transcript Deadline set for 1/3/2011. Release of Transcript Restriction set for 3/2/2011. (Rocco, Christine)
November 30, 2010 Filing 615 Letter MOTION for Extension of Time to File ; Letter from Geoffrey Potter to Judge Gold requesting extension of time for plaintiffs to submit pre-motion conference request to Judge Townes to December 22, 2010 by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
November 30, 2010 Opinion or Order ORDER granting #615 Motion for Extension of Time to File. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/30/2010. (Vasquez, Lea)
November 29, 2010 Filing 614 Letter Opposing Plaintiffs' Request for Sanctions by Novex America (Bialek, Adam)
November 29, 2010 Filing 613 STIPULATION (Consent Judgment signed by Plaintiffs and Stevens Defendants) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
November 24, 2010 Filing 612 Letter in Opposition to Novex's November 17, 2010 Letter Application to Modify Stipulated Order Freezing Assets by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibits A - F) (Potter, Geoffrey)
November 17, 2010 Filing 611 Letter requesting Pre-Motion Conference before Judge Townes to Modify Preliminary Injunction and Asset Freeze by Dennis Cantor, Novex America (Attachments: #1 Exhibit A, #2 Exhibit B) (Bialek, Adam)
November 16, 2010 Minute Entry for Status Conference held on 11/15/2010 before Chief Magistrate Judge Steven M. Gold: Potter, Yatrakis, Breaux for plaintiffs; Zibas, Bialek, Smedresman, Goodman et al. for defendants. Various discovery rulings on the record. Plaintiffs may proceed with their anticipated motion for partial summary judgment according to the previously set schedule. Counsel are encouraged to contact my chambers if any party believes a settlement conference supervised by the court might be productive. (Tape #FTR 2:41-3:30, 3:57-4:09 (public record); FTR 3:30-3:57 (Sealed) (Vasquez, Lea)
November 15, 2010 Filing 610 Letter by DBS Trading, Inc. (Schwendemann, Edward)
November 12, 2010 Filing 609 Letter To Magistate Steven M. Gold by H&H Wholesale Services, Inc. (Saperstein, Martin)
November 12, 2010 Filing 608 Letter from Geoffrey Potter to Judge Gold concerning Plaintiffs' damages claims by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
November 11, 2010 Filing 607 Letter from plaintiffs responding to letters of November 11, 2010 from defendants Novex and MSI by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
November 11, 2010 Filing 606 Letter to Judge Gold re: Request for Extension of time for Discovery - Nov. 15, 2010 Conference by Michael Barba, MSI Medical Supply, Inc. (Zibas, Jura)
November 11, 2010 Filing 605 Letter Regarding Topics for Upcoming Conference by Dennis Cantor, Novex America (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Bialek, Adam)
November 10, 2010 Opinion or Order Filing 604 ENDORSED #601 STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE filed by QK Healthcare Inc. Ordered by Judge Sandra L. Townes on 11/5/2010. (Manuel, Germaine)
November 10, 2010 Opinion or Order Filing 603 ENDORSED #600 STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE filed by QK Healthcare Inc. Ordered by Judge Sandra L. Townes on 11/5/2010. (Manuel, Germaine)
November 10, 2010 Opinion or Order ORDER re #602 Letter filed by Medsource Direct: Counsel for Medsource may appear by phone for the November 15th conference. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/10/2010. (Vasquez, Lea)
November 9, 2010 Filing 602 Letter requesting to appear at Nov. 15, 2010 conference by phone by Medsource Direct (Keppner, Shane)
November 2, 2010 Filing 601 STIPULATION of Dismissal of QKH's cross-claims against Novex America Inc. by QK Healthcare Inc. (Cizmarik, Andre)
November 2, 2010 Filing 600 STIPULATION of Dismissal of QKH's Third Party Complaint against MC Distributors LLC by QK Healthcare Inc. (Cizmarik, Andre)
October 27, 2010 Opinion or Order Filing 599 ENDORSED CONSENT JUDGMENT AND INJUNCTION re #598 Stipulation filed by Johnson & Johnson, LifeScan, Inc. Ordered by Judge Sandra L. Townes on 10/27/2010. (Manuel, Germaine)
October 26, 2010 Filing 598 STIPULATION (Consent Judgment and Injunction Related to QK Healthcare) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
October 26, 2010 Filing 597 Letter from Geoffrey Potter to Magistrate Steven M. Gold regarding defendants' request to adjourn the November 9, 2010 conference by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
October 26, 2010 Opinion or Order SCHEDULING ORDER re #597 Letter filed by LifeScan, Inc., Johnson & Johnson: The conference previously scheduled for November 9th will instead be held at 2:30 p.m. on November 15, 2010. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/26/2010. (Vasquez, Lea)
October 22, 2010 Filing 596 STIPULATION (Confidentiality Stipulation and Order Between Plaintiffs and Rita Cantor) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
October 20, 2010 Filing 595 Letter MOTION to Adjourn Conference ; Letter to Judge Gold from Geoffrey Potter Asking to Cancel Telephone Conference and to Set Briefing Schedule for Motion to Dismiss by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
October 20, 2010 Minute Entry for Settlement Conference held on 10/18/2010 before Chief Magistrate Judge Steven M. Gold: Potter et al. for plaintiffs, Viola et al. for defendant QK Healthcare. The parties have reached a settlement and will file a stipulation of discontinuance forthwith. (Vasquez, Lea)
October 20, 2010 Opinion or Order ORDER granting #595 Motion to Adjourn Conference. The conference scheduled for October 21st is adjourned without date. The briefing schedule is approved and hereby entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/20/2010. (Vasquez, Lea)
October 14, 2010 Filing 594 Letter to Juge Gold (Mediation Statement of Johnson & Johnson and LifeScan, Inc. filed by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit Nos. 1 through 12) (Potter, Geoffrey)
October 14, 2010 Filing 593 Letter MOTION to Adjourn Conference on October 15 regarding proposed mediation between plaintiffs and Mr. Spanellis by Aristidis Spanellis. (Young, Alyssa)
October 14, 2010 Filing 592 Letter to Judge Gold re settlement position by QK Healthcare Inc. (Cizmarik, Andre)
October 14, 2010 Opinion or Order ORDER granting #593 Motion to Adjourn Conference. The conference is adjourned to October 21 at 10:30. Counsel shall arrange the conference call. Ordered by Chief Magistrate Steven M. Gold on 10/14/2010. (Gold, Steven)
September 30, 2010 Minute Entry for Pre Motion Conference held on 9/30/2010 before Chief Magistrate Judge Steven M. Gold: Potter, Breaux et al for plaintiffs, Young for Spanellis, Weissman for Fanres defendants. (1) Plaintiffs shall complete discovery with respect to their claim that the Farnes defendants are subject to the jurisdiction of this court by November 12. Plaintiffs will then advise the Farnes defendants whether they will press their claims against them before this court by December 1. If plaintiffs do intend to press their claims against the Farnes defendants before this court, the Farnes may serve their motion to dismiss by January 14, 2011. Plaintiffs' opposition is due February 11, 2011, and defendants' reply is due February 25, 2011. (2) With respect to defendant Spanellis, THE COURT WILL HOLD A TELEPHONE CONFERENCE ON OCTOBER 15, 2010 AT 11:00 A.M. Counsel for plaintiffs shall arrange the conference call. At that time, the parties shall be in a position to state whether they seek a settlement conference and, if so, before whom. If the parties agree that a settlement conference would not be productive, they shall propose a revised schedule for briefing Spanellis' jurisdictional motion. (3) Having heard the arguments of the parties today, it appears that the resolution of defendants' jurisdictional motions will depend in large part on the evidence presented by plaintiffs. Accordingly, the motions shall be made in the form of summary judgment motions, in that documents and other evidence outside the pleadings shall be presented as it typically is in support or opposition to summary judgment. (Vasquez, Lea)
September 28, 2010 Opinion or Order Filing 591 ORDER REFERRING MOTION: #581 Letter MOTION for pre motion conference re #265 Amended Complaint for lack of personal jurisdiction filed by Tyler William Farnes, Timothy L. Farnes. Ordered by Judge Sandra L. Townes on 9/24/2010. Motions referred to Steven M. Gold. (Greene, Donna)
September 23, 2010 Filing 590 Letter from Geoff Potter responding to letter from Aristidis Spanellis requesting a pre-motion conference by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
September 22, 2010 Opinion or Order ORDER re #589 Order: A briefing schedule with respect to Farnes motion to dismiss, will be set at the pre-motion conference already scheduled for September 30th. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/22/2010. (Vasquez, Lea)
September 20, 2010 Opinion or Order ORDER granting #587 Motion for Protective Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/20/2010. (Vasquez, Lea)
September 17, 2010 Opinion or Order Filing 589 ORDER, since the parties agree that Farnes should be permitted to move to dismiss for lack of personal jurisdiction, but disagree as to whether plaintiff has had sufficient discovery, the Farnes pre-motion conference is respectfully referred to Mag. Gold with directions that he set an appropriate briefing schedule. (Ordered by Judge Sandra L. Townes on 9/9/2010) (Piper, Francine)
September 16, 2010 Filing 588 Letter requesting a pre-motion conference by Aristidis Spanellis (Young, Alyssa)
September 10, 2010 Filing 587 Letter MOTION for Protective Order regarding subpoena on non-party Owens & Minor, Inc. by MSI Medical Supply, Inc.. (Zibas, Jura)
September 8, 2010 Filing 586 Letter from Geoffrey Potter to Judge Townes responding to the August 17, 2010 letter from Timothy L. Farnes and Tyler W. Farnes by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
September 8, 2010 Opinion or Order SCHEDULING ORDER: The court will hold a settlement conference with plaintiffs and defendant QK Healthcare at 10:00 a.m. on October 18, 2010. Principals with full settlement authority must be present or available by telephone. Counsel are directed to submit their respective settlement positions to the court via ex parte electronic filing or via fax, if the letters do not exceed 5 pages in total, no later than October 14, 2010. Ordered by Chief Magistrate Steven M. Gold on 9/8/2010. (O'Connor, Erin)
September 3, 2010 Filing 585 Letter in Response to Plaintiffs' September 2 Submission by Novex America (Bialek, Adam)
September 2, 2010 Filing 584 Letter to Judge Gold from Christos Yatrakis Regarding Deposition Scheduling Order by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
September 2, 2010 Opinion or Order ORDER granting #562 Motion for Discovery. See Order dated 8/6/2010. Ordered by Chief Magistrate Steven M. Gold on 9/2/2010. (O'Connor, Erin)
August 31, 2010 Filing 583 NOTICE of Change of Address of Firm by Joanne J. Romero (Romero, Joanne)
August 30, 2010 NOTICE re Order on Motion for Extension of Time to File: The pre-motion conference previously scheduled for August 31st will be held instead at 3:00 p.m. on September 30, 2010. (O'Connor, Erin)
August 20, 2010 Filing 582 Letter to judge Gold informs the court of efforts to date in seeking to obtain the deposition of non-party Hans Bax who resides in the Netherlands by QK Healthcare Inc. (Cizmarik, Andre)
August 17, 2010 Filing 581 Letter MOTION for pre motion conference re #265 Amended Complaint for lack of personal jurisdiction by Timothy L. Farnes, Tyler William Farnes. (Attachments: #1 Exhibit) (Weissman, Eric)
August 13, 2010 Filing 580 Letter MOTION for Extension of Time to File Motion to Dismiss the Sixth Amended Complaint by Aristidis Spanellis. (Tiffany, Michael)
August 13, 2010 Filing 579 TRANSCRIPT of Proceedings held on 8/5/10, before Judge Gold. Court Transcriber TRANSCRIPTION PLUS II, Telephone number 516-358-7352. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/3/2010. Redacted Transcript Deadline set for 9/13/2010. Release of Transcript Restriction set for 11/12/2010. (Hong, Loan)
August 13, 2010 Opinion or Order ORDER granting #580 Motion for Extension of Time to File. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/13/2010. (Vasquez, Lea)
August 9, 2010 Filing 578 Sealed envelope containing letter re deposition of Bill Pretto and agenda for upcoming conference. Ordered sealed USMJ Gold on 8/5/2010. (placed in vault). (Clarke, Melonie) (Clarke, Melonie)
August 9, 2010 Filing 577 Sealed envelope containing Exhibit L to defendants 6/11/10 letter, docket entry 545. Ordered sealed USMJ Gold on 8/3/2010. (placed in vault). (Clarke, Melonie) M
August 6, 2010 Opinion or Order ORDER granting #556 Motion to Compel; granting in part and denying in part #557 Motion to Compel; granting #558 Motion for Extension of Time to Complete Discovery; granting #562 Motion for Extension of Time to Complete Discovery; granting on consent #564 Motion for Protective Order, for the reasons stated on the record during the conferences held on July 26, 2010 and August 5, 2010. Ordered by Chief Magistrate Steven M. Gold on 8/6/2010. (O'Connor, Erin)
August 5, 2010 Minute Entry for Status Conference held on 8/5/2010 before Chief Magistrate Judge Steven M. Gold: Potter et al. for plaintiffs; Bialek and Smedresman for Novex and Cantor; Cizmarik for QK Healthcare; Tiffany for Spanellis; Zibas for MSI Medical and Barbra; counsel for other defendants present as well. Various discovery rulings made on the record, including but not limited to 1) Asbury protective order granted on consent in light of the agreement to reopen the Pretto deposition; 2) defendants' application concerning the scope of the Pretto deposition regarding IMS data is granted in part and denied in part. Defendants shall produce the IMS report about which they seek to question Pretto at least 30 days before his deposition; 3) the parties will confer with respect to whether another individual has knowledge or information additional to that already obtained in documents or during the Albiani deposition regarding the 2005 discovery of the counterfeiting at issue; 4) with respect to the Kroll deposition, plaintiffs shall pay any fee they are contractually obligated to pay Kroll; 5) plaintiff will produce Wolf discovery; 6) defendants' application for further discovery concerning plaintiffs' relationships with ChiPharma and WenGen is denied; 7) defendants' application for discovery concerning the Rowan Tree seizure is denied without prejudice to submission of a brief demonstrating its relevance. FACT DISCOVERY (with the exception of any deposition of Bax) IS EXTENDED TO NOVEMBER 12, 2010. By August 20, 2010, defendants shall submit a letter stating how they intend to proceed with respect to obtaining Bax's testimony. By September 2, 2010, the parties shall submit a letter setting forth the schedule for all remaining depositions. Plaintiffs shall submit a premotion conference application for their anticipated motion for partial summary judgment to Judge Townes, unless the parties consent to have the motion decided by the undersigned, by December 1, 2010. NEXT CONFERENCE: 10:00 A.M. ON NOVEMBER 9, 2010. (Tape #FTR: 10:07 - 11:41.) (Vasquez, Lea)
August 4, 2010 Filing 576 Letter to Judge Gold from Geoffrey Potter in Further Support of Plaintiffs' Motion for a Protective Order to Preclude the Deposition of Valerie Asbury by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A) (Potter, Geoffrey)
August 4, 2010 Filing 575 NOTICE of Appearance by Eric Corey Weissman on behalf of Timothy L. Farnes, Tyler William Farnes (aty to be noticed) (Weissman, Eric)
August 4, 2010 Filing 574 NOTICE of Consent to Change Attorney by Andrew L. Margulis (Margulis, Andrew)
August 4, 2010 Filing 573 NOTICE of Appearance by Andrew L. Margulis on behalf of Timothy L. Farnes, Tyler William Farnes (aty to be noticed) (Margulis, Andrew)
August 3, 2010 Filing 572 Letter Regarding Ddeposition of Bill Pretto and Agenda for Upcoming Conference by Novex America (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Bialek, Adam)
August 2, 2010 Filing 571 Letter dated 7/23/10 response by defendants Novex & Cantor to plaintiffs 7/21/10 letter. (placed in vault). (Clarke, Melonie)
July 29, 2010 Opinion or Order ORDER granting #559 Motion for Protective Order. See Minute Entry for conference held on 7/26/2010. Ordered by Chief Magistrate Steven M. Gold on 7/29/2010. (O'Connor, Erin)
July 29, 2010 Minute Entry for Settlement Conference held on 7/26/2010 before Chief Magistrate Judge Steven M. Gold: Potter, Yatrakis and Breaux for plaintiffs; Bialek for Cantor and Novex; Cizmarik for QK Healthcare; Tiffany for Spanellis; Zibas for MSI Medical and Barbra; counsel for other defendants present as well. Various discovery rulings made on the record, including but not limited to 1) the proposed protective order, Docket Entry 559, is granted; 2) defendants' motion for further discovery concerning plaintiff's investigations is denied except to the extent the discovery concerns when plaintiffs learned of the counterfeiting alleged in this case and what plaintiffs did in response to that alleged counterfeiting; plaintiffs' response to other counterfeiting activity is not sufficiently relevant to justify allowing discovery; 3) plaintiff will continue to produce the Hague and S. African proceedings documents on a rolling basis, and the parties shall meet and confer concerning who possesses any copies of court orders authorizing the foreign seizures; 4) plaintiff shall produce all documents it intends to rely on at trial promptly and make available for deposition any of its employees it intends to rely on at trial in its case in chief; 5) plaintiff shall promptly produce any of the documents concerning its price lists discussed during today's conference that have not previously been produced; 6) plaintiff shall promptly produce exemplars of authorized distributorship agreements, if it has not already done so; 7) the court will favorably consider any reasonable request from defendants seeking assistance in obtaining a deposition of Bax, with whom plaintiff states that it has no agreement, although it intends to rely on his testimony at trial; 8) plaintiff will produce summaries of trade show discount sales; 9) plaintiff will look into and respond to defendant Novex' discovery demand concerning Mammoth lot numbers; 10) defendant QK's motion for leave to depose Eric Compton and Daniel Giavenetto with respect to the alleged termination of QK Healthcare's distributorship is granted; 11) defendants may take a deposition of Corinski concerning public health effects; 12) plaintiff will produce the additional documents referenced during the discussion of QK's Rule 30(b)(6) notice, Docket Entry 557, Ex. A; 13) if the parties continue to dispute whether Pretto adequately addressed the topics identified in the deposition notice pursuant to which he was produced, each side shall submit a letter by August 3, 2010 with copies of the pertinent pages of the deposition. NEXT CONFERENCE: AUGUST 5, 2010 AT 10:00 A.M. The parties shall submit an agenda letter no later than August 3, 2010. (Tape #FTR: 2:10 - 3:44; 3:56 - 5:40; 5:49 - 6:28.) (Vasquez, Lea)
July 28, 2010 Filing 570 TRANSCRIPT of Proceedings held on 7/26/10, before Judge Gold. Court Transcriber TRANSCRIPTION PLUS II, Telephone number 516-358-7352. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2010. Redacted Transcript Deadline set for 8/30/2010. Release of Transcript Restriction set for 10/26/2010. (Hong, Loan)
July 26, 2010 Filing 569 Letter Proposing Alternative Agenda for July 26, 2010 conference by Dennis Cantor, Novex America (Bialek, Adam)
July 23, 2010 Filing 568 Letter from Christos Yatrakis to Judge Gold Proposing Agenda for July 26 Conference Regarding Discovery by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
July 23, 2010 Filing 567 Letter from Geoffrey Potter to Judge Gold in Opposition to the July 8 and 19, 2010 Letters of Defendants QK Healthcare Inc. and MSI Medical Supply Inc., Respectively, Seeking to Extend Fact Discovery for an Additional 120 Days by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
July 23, 2010 Filing 566 Letter requesting leave to file response to Plaintiff's July 21st letter by Dennis Cantor, Novex America (Attachments: #1 Exhibit Exhibit 1 to Cover Letter, #2 Exhibit Exhibit 2 to Cover Letter, #3 Supplement Letter, #4 Exhibit Index of Letter's Exhibits, #5 Exhibit Exhibit A to Letter, #6 Exhibit Exhibit B to Letter, #7 Exhibit Exhibit C to Letter, #8 Exhibit Exhibit D to Letter, #9 Exhibit Exhibit E to Letter, #10 Exhibit Exhibit F to Letter, #11 Exhibit Exhibit G to Letter, #12 Exhibit Exhibit H to Letter, #13 Exhibit Exhibit I to Letter, #14 Exhibit Exhibit J to Letter, #15 Exhibit Exhibit K to Letter, #16 Exhibit Exhibit L to Letter, #17 Exhibit Exhibit M to Letter, #18 Exhibit Exhibit N to Letter, #19 Certificate of Service) (Bialek, Adam)
July 22, 2010 Filing 565 STIPULATION (Confidentiality Stipulation and Order Between Plaintiffs and H&H) by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
July 21, 2010 Filing 564 Letter MOTION for Protective Order Concerning LifeScan Depositions Noticed by Defendants Dennis Cantor and Novex by Plaintiffs by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit B, #4 Exhibit C) (Potter, Geoffrey)
July 21, 2010 Filing 563 Letter in Response to Plaintiffs' July 9, 2010 Letter by Novex America (Bialek, Adam)
July 19, 2010 Filing 562 MOTION for Discovery, MOTION for Extension of Time to Complete Discovery - LETTER MOTION JOINING CO-DEFENDANT FOR EXTENSION OF TIME TO COMPLETE DISCOVERY by MSI Medical Supply, Inc.. (Zibas, Jura)
July 13, 2010 Opinion or Order ORDER deferring ruling on #556 Motion to Compel; deferring ruling on #557 Motion to Compel; deferring ruling on #558 Motion for Extension of Time to Complete Discovery; deferring ruling on #559 Motion for Protective Order. The conference previously scheduled for July 15th will instead be held at 2:00 p.m. on July 26th. All pending motions will be ruled on at that time. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/13/2010. (Vasquez, Lea)
July 9, 2010 Filing 561 Letter from Geoffrey Potter to Judge Gold Opposing Novex' Motions to Compel Another Rule 30(b)(6) Witness by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
July 9, 2010 Filing 560 REDACTION (Letter from Geoffrey Potter to Judge Gold Opposing QK Healthcare Inc.'s Motions to Compel the Depositions of Eric Compton and Daniel Giavenetto and to Produce Another Rule 30(b)(6) Witness) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
July 9, 2010 Filing 559 Letter MOTION for Protective Order re: subpoena served by MSI on non-party Kinray Inc., by Michael Barbra, MSI Medical Supply, Inc.. (Zibas, Jura)
July 8, 2010 Filing 558 Letter MOTION for Extension of Time to Complete Discovery by QK Healthcare Inc.. (Attachments: #1 Proposed Discovery Schedule) (Viola, Anthony)
July 7, 2010 Filing 557 Letter MOTION to Compel Lifescan to produce a Rule 30(b)(6) witness concerning the topics set forth in QKH's Rule 30(b)(6) deposition notice by QK Healthcare Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Cizmarik, Andre)
July 6, 2010 Filing 556 Letter MOTION to Compel the depositions of Eric Compton and Daniel Giavanetto by QK Healthcare Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Cizmarik, Andre)
July 6, 2010 Opinion or Order Filing 555 CONSENT JUDGMENT AND PRELIMINARY INJUNCTION: is entered pursuant to FRCP Rule 58, and this action is hereby dismissed, with prejudice, only against Christopher Hattenbach, Stephen Herman, Jerrold Herman, Robert Botwinick, Med-Health Direct, Inc. d/b/a O.T.C. Distributors, Product Performance Company, Inc., and Prime International Products, Inc. and Howard Frank (collectively, the MHD/PPC/PIP Defendants) Ordered by Judge Sandra L. Townes on 6/22/2010. (Clarke, Melonie)
July 2, 2010 Opinion or Order ORDER granting #553 Motion to Amend/Correct/Supplement. By letter motion dated June 28, 2010, Docket Entry 553, defendant QK Healthcare, Inc. ("QKH") seeks leave to file a third set of interrogatories. There are twelve interrogatories at issue. Plaintiffs, by letter opposition dated June 30, 2010, Docket Entry 554, object primarily on two grounds. First, plaintiffs point out that QKH has already served 27 interrogatories -- two more than the presumptive maximum number set forth in Federal Rule of Civil Procedure 33(a)(1) -- and that plaintiffs have responded to all of them. Second, plaintiffs argue that the information sought by the third set of twelve interrogatories has, at least in large part, already been provided through prior discovery responses or otherwise. In light of the scope and complexity of this lawsuit, I do not find 39 interrogatories to be an unreasonable number, particularly because, having reviewed the third set of interrogatories, I find that they appear to be focused, narrow questions that are appropriately posed in the form of interrogatories rather than at depositions. With respect to plaintiffs' contention that the information sought by the interrogatories has already been provided in discovery, plaintiffs may respond to the interrogatories by reference to the previously provided discovery that answers them. For these reasons, the motion of defendant QKH is granted. Ordered by Chief Magistrate Steven M. Gold on 7/2/2010. (Gold, Steven)
June 30, 2010 Filing 554 Letter from Geoffrey Potter to Judge Gold in Opposition to QKH's Letter Motion to Serve Additional Interrogatories by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A) (Potter, Geoffrey)
June 28, 2010 Filing 553 Letter MOTION to Amend/Correct/Supplement pursuant to Fed. R. Civ. P. 26(b)(2)(a) and 33(a)(1)seeking leave of Court to serve additional interrogatories contained in QKH's Third Set of Interrogatories by QK Healthcare Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Cizmarik, Andre)
June 23, 2010 Opinion or Order Filing 552 CONSENT JUDGMENT AND PERMANENT INJUNCTION is entered pursuant to FRCP Rule 58, and this action is hereby dismissed, with prejudice, only against American Healthcare Defendants without costs or attorney's fees; Ordered by Judge Sandra L. Townes on 6/16/2010. Endorsed on ECF doc.#547 (Clarke, Melonie)
June 23, 2010 Opinion or Order SCHEDULING ORDER re #545 Letter, filed by Dennis Cantor, Novex America: An in-person conference will be held at 2:00 p.m. on July 15, 2010. While counsel for plaintiffs and defendant Novex are the only parties required to attend, counsel for any other parties are welcome to attend as well. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/23/2010. (Vasquez, Lea)
June 22, 2010 Filing 551 Letter dated 6/17/10 from James McCarney advising the Court of his change of firm and address. (Vaughn, Terry)
June 21, 2010 Filing 550 STIPULATION (Consent Judgment and Permanent Injunction Between Plaintiffs and the MHD/PPC/PIP Defendants) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
June 21, 2010 Filing 549 Letter Correcting Statements in Plaintiff's 6/16/2010 letter by Dennis Cantor, Novex America (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Certificate of Service Certficate of Service) (Bialek, Adam)
June 16, 2010 Filing 548 Letter from Geoffrey Potter on behalf of LifeScan to Judge Gold regarding Defendant Novex's R 37 Letter by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Potter, Geoffrey)
June 15, 2010 Filing 547 STIPULATION (Consent Judgment and Permanent Injunction Between Plaintiffs and American Healthcare Defendants) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
June 14, 2010 Filing 546 Letter MOTION for Extension of Time to File Motion to Dismiss the Sixth Amended Complaint by Aristidis Spanellis. (Young, Alyssa)
June 14, 2010 Opinion or Order ORDER granting #546 Motion for Extension of Time to File. Spanellis may file a pre-motion conference application with respect to his anticipated motion to dismiss on jurisdictional grounds, if he deems one necessary, by August 13; plaintiff's response is due August 20. The previously scheduled July 15th pre-motion conference will be held instead at 11:00 a.m. on August 31, 2010. Spanellis' motion to dismiss on jurisdictional grounds will be due September 13; plaintiff's opposition due October 18; Spanellis' reply due November 23. So Ordered by Chief Magistrate Steven M. Gold on 6/14/2010. (O'Connor, Erin)
June 11, 2010 Filing 545 Letter Requesting Pre-Motion Conference to Compel Discovery by Dennis Cantor, Novex America (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L - Sealed Document, #13 Exhibit M, #14 Certificate of Service Certificate of Service) (Bialek, Adam)
June 10, 2010 Filing 544 NOTICE of Appearance by Michael John Tiffany on behalf of Aristidis Spanellis (aty to be noticed) (Tiffany, Michael)
May 24, 2010 Opinion or Order ORDER granting #543 Motion for Protective Order: No objection having been filed, the motion is granted and the protective order is entered, with the following modification: The reference to officers of the court, including court reporters, jurors and court personnel in paragraph I.B is stricken, at least insofar as it applies to documents or information that are disclosed in open court. The Court will not, therefore, require that officers of the court, including court reporters, jurors and court personnel follow the procedures set forth in Section IV, nor will it impose on officers of the court, including court reporters, jurors and court personnel, the limitations on disclosure set forth in Section II with respect to information or documents disclosed in open court. Ordered by Chief Magistrate Steven M. Gold on 5/24/2010. (Gold, Steven)
May 20, 2010 Minute Entry for Telephone Conference held on 5/19/2010 before Chief Magistrate Steven M. Gold: Potter and Yatrakis for plaintiffs; Zibas for defendant AHI and on-party AHS; Anello et al for Letko. Defendant AHI has elected to default. Plaintiffs intend to seek leave to amend to add AHS as a defendant. Plaintiffs report that they do not wish to participate in a court-supervised mediation at this time, and the Court therefore denies the application of defendant AHI that a settlement conference be scheduled. (Vasquez, Lea)
May 17, 2010 Filing 543 MOTION for Protective Order re subpoena served by QKH on non-party Medco Health Solutions, Inc. by QK Healthcare Inc.. (Cizmarik, Andre)
May 14, 2010 Opinion or Order SCHEDULING ORDER re #542 Letter filed by Letko Edward, American Healthcare, Inc.: A telephone conference for scheduling purposes will be held at 11:00 a.m. on 5/19/2010. Counsel for plaintiff and counsel for defendant American Healthcare Inc and non-party defendant American Healthcare Supply are the only parties required to participate. Counsel for plaintiff is directed to arrange the call with all parties. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/14/2010. (Vasquez, Lea)
May 14, 2010 Minute Entry for Settlement Conference held on 5/12/2010 before Chief Magistrate Judge Steven M. Gold: Potter and Yatrakis for plaintiffs, Goodman for Product Performance defendants. Principals present. Settlement agreement reached. The parties expect to file a stipulation of discontinuance with respect to these defendants by July 12, 2010. (Vasquez, Lea)
May 12, 2010 Filing 542 Letter to Hon. Steven M. Gold re 30(b)(6) witness by American Healthcare, Inc., Letko Edward (Zibas, Jura)
May 7, 2010 Minute Entry for Telephone Conference held on 5/6/2010 before Chief Magistrate Judge Steven M. Gold: Yatrakis for plaintiffs; Zibas for American Health Care et al., Anello (notice of appearance to be filed forthwith) for Letko; Cizmarik for QK, Bialek for Novex and Cantor, Young for Spanellis; Herbert for Sterling; Hunter for Stevens. The deposition of Mr. Letko is adjourned to June 17, 2010. No further adjournments will be permitted. The previously set case management schedule (see Minute Entry for Status Conference held on 3/24/2010) otherwise remains in effect. (Vasquez, Lea)
May 6, 2010 Filing 541 NOTICE of Appearance by Robert J. Anello on behalf of Letko Edward (aty to be noticed) (Anello, Robert)
May 6, 2010 Filing 540 Letter (Mediation Statement of Johnson & Johnson and LifeScan, Inc. filed by Johnson & Johnson, LifeScan, Inc.) by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibts 1-8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibits 11-17) (Potter, Geoffrey)
May 6, 2010 Opinion or Order SCHEDULING ORDER re #538 Letter filed by Letko Edward, #539 Letter filed by LifeScan, Inc., Johnson & Johnson: A telephone conference will be held today, 5/6/2010 at 3:00 PM before Chief Magistrate Judge Steven M. Gold. Counsel for defendant Letko is directed to arrange the call with all parties as well as to confirm this conference with plaintiff's counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/6/2010. (Vasquez, Lea)
May 5, 2010 Filing 539 Letter from Christos Yatrakis to Judge Gold Opposing Request to Adjourn Letko Deposition by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
May 5, 2010 Filing 538 Letter to Chief Magistrate Judge Steven M. Gold requesting a conference by Letko Edward (Attachments: #1 Certificate of Service) (Anello, Robert)
May 5, 2010 Minute Entry for Telephone Conference held on 5/4/2010 before Chief Magistrate Judge Steven M. Gold: Potter and Yatrakis for plaintiffs, Zibas for defendants AHI and Letko. Defendants expect to produce the documents in dispute by May 7. Plaintiffs seek to defer any settlement conference until after these defendants are deposed. No further rulings are sought at this time. (Vasquez, Lea)
May 4, 2010 Opinion or Order ORDER denying as moot #536 Motion to Compel without prejudice to renew in the event the document production discussed today is not timely made. Ordered by Chief Magistrate Steven M. Gold on 5/4/2010. (Gold, Steven)
May 3, 2010 Filing 537 Letter to Hon. Steven M. Gold re follow to Plaintiff's Letter to the Court filed on 5-3-2010 by Letko Edward, Hadida cc (Zibas, Jura)
May 3, 2010 Filing 536 MOTION to Compel Discovery from Defendant American Healthcare Inc. and Non-Party American Healthcare Supply Inc. by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
April 29, 2010 Opinion or Order SCHEDULING ORDER re #535 Letter filed by Letko Edward, American Healthcare, Inc.: A telephone conference will be held at 3:00 p.m. on May 4, 2010. Counsel for plaintiffs and counsel for defendant American Healthcare are the only parties required to participate. Counsel for defendant is directed to arrange the call with all parties. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/29/2010. (Vasquez, Lea)
April 27, 2010 Filing 535 Letter to Judge Gold re supplementation and clarification to plaintiffs' letter of April 22, 2010 by American Healthcare, Inc., Letko Edward (Zibas, Jura)
April 23, 2010 Opinion or Order Filing 534 ORDER re #533 Letter filed by LifeScan, Inc. Johnson & Johnson: Defendant Edward Letko ordered to appear for deposition at 10:00 a.m. on May 10 & May 11, 2010. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/23/2010. (Vasquez, Lea)
April 22, 2010 Filing 533 Letter to Judge Gold from Christos Yatrakis Enclosing Proposed Discovery Order by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
April 22, 2010 Filing 532 Notice of MOTION to Quash Plaintiff's Subpoena and Application for an Order to Show Cause to Stay Production by American Healthcare, Inc., Letko Edward. (Attachments: #1 Memorandum in Support) (Zibas, Jura)
April 22, 2010 Filing 531 Proposed MOTION for Discovery Order to Show Cause by American Healthcare, Inc., Letko Edward. (Zibas, Jura)
April 22, 2010 Opinion or Order ORDER denying as moot #531 Motion for Discovery AND denying as moot #532 Motion to Quash: Counsel have informed the Court that the issues pertaining to these motions have been resolved between counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/22/2010. (Vasquez, Lea)
March 31, 2010 Opinion or Order Filing 529 CONSENT JUDGMENT AND PERMANENT INJUNCTION is entered pursuant to FRCP Rule 58, and this action is hereby dismissed, with prejudice, only against National Distribution Corporation a/k/a National Distribution Corp. of Texas and Carlos Hernandez the "NDC Defendants" without costs or attorney's fees;. Ordered by Judge Sandra L. Townes on 3/12/2010. Endorsed on ECF doc. #510 . (Clarke, Melonie)
March 30, 2010 Filing 528 Letter from Christos Yatrakis to Judge Gold Regarding Revised Discovery Schedule by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
March 30, 2010 Opinion or Order ORDER re #527 Letter filed by Eric Stevens, Amroges B.V.. The Proposed Confidentiality Order is hereby approved and entered as an Order of the Court. Ordered by Chief Magistrate Steven M. Gold on 3/30/2010. (Gold, Steven)
March 29, 2010 Filing 527 Letter from Alexis Hunter, Esq. Enclosing Proposed Confidentiality Order for Eric Stevens and Amroges B.V. by Amroges B.V., Eric Stevens (Attachments: #1 Proposed Confidentiality Order re: Eric Stevens and Amroges B.V.) (Hunter, Alexis)
March 29, 2010 Filing 526 Letter regarding mediation by Dennis Cantor, Novex America (Bialek, Adam)
March 26, 2010 Filing 525 MOTION for Leave to Appear Pro Hac Vice of Barry M. Boren, Esq. by Dennis Cantor, Novex America. (Attachments: #1 Certificate of Service) (Bialek, Adam)
March 26, 2010 Opinion or Order ORDER granting #525 Motion for Leave for Barry M. Boren to Appear Pro Hac Vice for defendants Cantor & Novex. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/26/2010. (Vasquez, Lea)
March 25, 2010 Filing 524 Letter from Geoffrey Potter to Judge Gold Opposing Proposed Confidentiality Order by Eric Stevens et al. by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
March 25, 2010 Minute Entry for Status Conference held on 3/24/2010 before Chief Magistrate Judge Steven M. Gold: Potter & Yatrakis for plaintiff; Bialek, Render et al for defs. Various discovery rulings were made on the record. In summary, and without any intended modification of the rulings made on the record: 1) Any depositions where only plaintiff's counsel will be attending will be held at defendants' location, unless any counsel gives three weeks notice of his intention to attend the deposition in person. Accordingly, and because no defendants have indicated an intention to appear in person, the applications of defendants Tim Farnes, Tyler Farnes and MedSource to have their depositions conducted in Utah, docket entries 512 and 513, is granted. 2) The close of discovery is extended to August 1st, with the exception that discovery needed for Spanellis' jurisdictional motion must be completed by July 1st. The remaining dates on plaintiffs' proposed case management schedule, Docket Entry 522, are extended 60 days. Plaintiff shall provide copies of the revised discovery schedule by March 30. 3) Spanellis may file a pre-motion conference application with respect to his anticipated motion to dismiss on jurisdictional grounds, if he deems one necessary, by June 1; plaintiff's response is due June 8 and the court will hold a pre-motion conference at 11:30 a.m. on June 15, 2010. Spanellis' motion to dismiss on jurisdictional grounds is due July 1; plaintiff's opposition due August 8; Spanellis' reply due September 8. 4) Defendants' motion to compel production of settlement agreements is denied without prejudice for the reasons stated on the record. 5) Defendants' motion to compel deposition answers is denied without prejudice for the reasons stated on the record, but -- to the extent and with respect to the specific subjects discussed on the record -- plaintiffs will be precluded from presenting evidence that has not been disclosed in discovery. Defendants may submit a proposed preclusion order for the Court's review, based on my rulings, upon notice to plaintiff. NEXT CONFERENCE: 10:00 a.m. on August 5, 2010.(Tape #FTR: 2:08 - 2:58; SEALED 2:58 - 3:51.)Copies available to counsel of record without further order of the court.) (Vasquez, Lea)
March 24, 2010 Filing 523 Letter from Alexis Hunter, Esq. Enclosing Proposed Confidentiality Order by Amroges B.V., Eric Adriaan Antonius Maria Stevens (Attachments: #1 Proposed Confidentiality Order) (Hunter, Alexis)
March 23, 2010 Filing 522 Letter From Geoffrey Potter to Judge Gold Enclosing Revised Proposed Discovery Schedule by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
March 22, 2010 Filing 521 Letter From Geoffrey Potter to Judge Gold in Response to Adam Bialek's March 18, 2010 Letter by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
March 22, 2010 Opinion or Order Filing 520 ORDER re #509 Notice of Consent to Change Attorney filed by Product Performance Company, Inc. Attorney Bradley M. Rank; Gerald Padian and Howard Matthew Raber terminated. Martin Saperstein, Esq. added.. Ordered by Judge Sandra L. Townes on 3/19/2010. (Clarke, Melonie)
March 22, 2010 Opinion or Order Filing 519 ORDER VACATING #277 Order on Motion to Appoint Counsel: On June, 2, 2009, I granted defendant Dennis Gatschers application for pro bono counsel. Despite the Courts diligent efforts, no pro bono attorney has volunteered to represent the defendant. Moreover, the Court cannot compel an attorney to accept a civil case on a pro bono basis. See Mallard v. United States District Court, 490 U.S. 296 (1989). Accordingly, I hereby vacate the Order granting defendants application for pro bono counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/22/2010. (Vasquez, Lea)
March 22, 2010 Opinion or Order ORDER re #513 Letter filed by Tyler William Farnes, Timothy L. Farnes, #512 Letter filed by Medsource Direct: The Court has reviewed counsels' letters dated March 17th which request that those counsel appear by telephone. The requests are granted. Counsel are directed to arrange the call and either call the court with all parties on the line or provide the Court with a number where the parties can be reached. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/22/2010. (Vasquez, Lea)
March 19, 2010 Filing 518 NOTICE of Voluntary Dismissal by Novex America Against John Cornillie and Corporate Advice & Management Services (Bialek, Adam)
March 19, 2010 Opinion or Order ORDER re #514 Letter: The court will hold a settlement conference with plaintiffs and the Product Performance Defendants, with principals available by telephone, at 2:00 p.m. on May 12, 2010. Counsel are directed to submit their respective settlement positions to the court via ex parte electronic filing or via fax, if the letters do not exceed 5 pages in total, no later than May 7, 2010. Ordered by Chief Magistrate Steven M. Gold on 3/19/2010. (O'Connor, Erin)
March 18, 2010 Filing 517 Letter regarding the March 24 conference by Novex America (Attachments: #1 Exhibit 1-6) (Bialek, Adam)
March 18, 2010 Filing 516 Letter re March 24 conference by Aristidis Spanellis (Young, Alyssa)
March 18, 2010 Filing 515 Letter requesting 1 day extension to file documents under seal by Dennis Cantor, Novex America (Attachments: #1 Certificate of Service) (Bialek, Adam)
March 18, 2010 Opinion or Order ORDER re #515 Letter filed by Dennis Cantor, Novex America. Application granted. Ordered by Chief Magistrate Steven M. Gold on 3/18/2010. (Gold, Steven)
March 17, 2010 Filing 514 Letter From Geoffrey Potter to Magistrate Judge Gold Confirming May 12, 2010 Mediation Date by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
March 17, 2010 Filing 513 Letter regarding March 24, 2010 Conference by Timothy L. Farnes, Tyler William Farnes (Milazzo, Christopher)
March 17, 2010 Filing 512 Letter regarding Mar. 24 conference by Medsource Direct (Keppner, Shane)
March 12, 2010 Opinion or Order Filing 511 STIPULATION AND ORDER: It is hereby Ordered that MSI Medical Supply Inc.'s and Michael Barba's cross-claim against Hernandez shall be, and is hereby dismissed with prejudice; MSI Medical Supply, Inc.'s and Michael Barba's cross-claims against other Dfts shall continue in the action; and each party shall bear its own costs and attorney's fees. Ordered by Judge Sandra L. Townes (undated). (Abdallah, Fida)
March 12, 2010 Filing 510 STIPULATION (National Distribution Corporation Consent Judgment and Permanent Injunction) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
March 10, 2010 Filing 509 NOTICE of Consent to Change Attorney by Martin I. Saperstein On Behalf Of Defendants Product Performance Company, Inc., Stephen Herman, Jerrold Herman and Robert B. Botwinick (Saperstein, Martin)
March 10, 2010 Filing 508 STIPULATION of Dismissal Of MSI Medical Supply, Inc.'s and Michael Barba's Cross-Claim Against Carlos Hernandez by Carlos Hernandez (Saperstein, Martin)
March 10, 2010 Filing 507 Letter MOTION for Protective Order by Dennis Cantor, Novex America. (Attachments: #1 Certificate of Service) (Bialek, Adam)
March 10, 2010 Opinion or Order ORDER granting #507 Motion for Protective Order; the proposed order is entered as an order of the Court. Ordered by Chief Magistrate Steven M. Gold on 3/10/2010. (Gold, Steven)
February 4, 2010 Filing 506 Letter to Judge Gold Enclosing Proposed Confidentiality Order by Amroges B.V., Eric Adriaan Antonius Maria Stevens (Attachments: #1 Proposed Order for Confidentiality) (McCarney, James)
February 4, 2010 Opinion or Order ORDER re #506 Letter filed by Eric Adriaan Antonius Maria Stevens, Amroges B.V.: The proposed confidentiality Order is approved and hereby entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 2/4/2010. (Vasquez, Lea)
February 3, 2010 Opinion or Order ORDER terminating #393 Motion to Compel as moot in light of conference held on September 30, 2009 (Minute Entry on October 1, 2009). Ordered by Chief Magistrate Steven M. Gold on 2/3/2010. (Miller, Ilana)
February 3, 2010 Minute Entry for Telephone Conference held on 2/3/2010 before Chief Magistrate Judge Steven M. Gold: Potter and Yatrakis for plaintiffs, McCarney and Hunter for Stevens and Amroges. Dispute over Section VI of protective order resolved. Counsel shall promptly file a revised protective order for entry by the court. (Vasquez, Lea)
February 1, 2010 Opinion or Order Motions Terminated: #290 Motion for Pre Motion Conference & #291 Motion for Pre Motion Conference. **See Order by Judge Sandra L. Townes on 12/18/2009. (Frullo, Veronica)
February 1, 2010 Opinion or Order SCHEDULING ORDER re #502 Letter filed by Eric Stevens and Amroges B.V.: A telephone conference will be held on February 3, 2010 at 9:45 a.m. Counsel for plaintiffs and counsel for defendants Eric Stevens and Amroges B.V. are the only parties required to participate. Ordered by Chief Magistrate Steven M. Gold on 2/1/2010. (Miller, Ilana)
January 25, 2010 Opinion or Order Filing 505 CONSENT JUDGMENT AND PERMANENT INJUNCTION: The consent judgment is entered pursuant to FRCP Rule 58, an this action is dismissed, with prejudice, only against John Cornille and Corporate Advice Mgmt Services, AG (CAMS Defendants)without costs or attorney's fees. Ordered by Judge Sandra L. Townes on 1/21/2010. (Clarke, Melonie)
January 25, 2010 Minute Entry for Settlement Conference held on 1/21/2010 before Chief Magistrate Judge Steven M. Gold: Yatrakis for plaintiffs, Ferri for Cobra Capital & Dunayer. The parties will report on the progress of their settlement discussions by February 15. (Vasquez, Lea)
January 21, 2010 Opinion or Order SCHEDULING ORDER: granting counsel's consent motion to adjourn the pre-motion conference set for January 28, 2010 #504 . The pre-motion conference is adjourned until March 12, 2010, at 2:00 pm. Ordered by Judge Sandra L. Townes on 1/21/2010. (Frullo, Veronica)
January 20, 2010 Filing 504 Letter Dated January 20, 2010 From Christos Yatrakis to Judge Townes Regarding Pre-Motion Conference by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
January 19, 2010 Filing 503 STIPULATION (Consent Judgment and Permanent Injunction Between Plaintiffs and the CAMS Defendants) by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
January 15, 2010 Filing 502 Letter re proposed protective order by Amroges B.V., Eric Adriaan Antonius Maria Stevens (McCarney, James)
January 15, 2010 Opinion or Order Filing 501 CONSENT JUDGMENT AND PERMANENT INJUNCTION: The consent judgment is entered pursuant to FRCP Rule 58, an this action is dismissed, with prejudice, only against Purity Wholesale Grocers, Inc aka Supreme Distributors Co and Jeffrey A. Levitez "Purity Defendants" without costs or attorney's fees; Ordered by Judge Sandra L. Townes on 1/13/2010. (Clarke, Melonie)
January 14, 2010 Filing 500 Letter From Christos Yatrakis to Judge Gold Enclosing Confidentiality Order by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Confidentiality Order) (Yatrakis, Christos)
January 12, 2010 Filing 499 STIPULATION (Consent Judgment and Permanent Injunction Between Plaintiffs and The Purity Defendants) by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
January 8, 2010 Filing 498 Letter from Christos Yatrakis to Judge Townes Requesting Adjournment of January 28, 2010, Pre-motion conference to either February 5, 22, or 23, 2010 by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
January 8, 2010 Filing 497 Letter dated 1/7/2010 from plaintiffs' counsel informing the court of the defendants in which consent judgments were entered dismissing them. **Docket has been update** (Clarke, Melonie)
January 8, 2010 Opinion or Order Filing 496 CONSENT JUDGMENT AND PERMANENT INJUNCTION: The consent judgment is entered pursuant to FRCP Rule 58, an this action is dismissed, with prejudice, only against South Pointe Defendants without costs or attorney's fees;. Ordered by Judge Sandra L. Townes on 1/5/2010. Endorsed on ECF doc. #495 (Clarke, Melonie)
January 8, 2010 Minute Entry for Status Conference held on 1/7/2010 before Chief Magistrate Judge Steven M. Gold: Potter and Yatrakis for plaintiffs, Goodman and other counsel for defendants. (1) Various rulings on the record with respect to defendants' objections to plaintiffs' proposed protective order. Plaintiffs will submit a revised protective order, incorporating the court's rulings, no later than January 14. (2) The application of the "Letko" defendants to adjourn their deposition is granted, and the depositions are adjourned to April 6 and 7. (3) The court will hold a settlement conference with plaintiffs and defendants Cobra Capital and Dunayer, with principals available by telephone, at 12 noon on January 21, 2010. NEXT CONFERENCE: MARCH 24, 2010 at 2:00 p.m. Counsel shall submit letters identifying the issues they seek to raise at the conference by March 18, and responsive letters shall be submitted by March 22. (Tape # FTR 2:04-2:43.) (Vasquez, Lea)
January 4, 2010 Filing 495 STIPULATION (Joint Stipulation of Partial Dismissal With Prejudice and Consent to Imposition of Permanent Injunction) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
December 22, 2009 Filing 494 Letter In Response to Plaintiffs' Counsel's Letter Dated December 16, 2009 concerning Proposed Confidentiality Order by American Healthcare, Inc., Michael Barbra, Letko Edward, MSI Medical Supply, Inc. (Zibas, Jura)
December 22, 2009 Opinion or Order ORDER re #484 Letter filed by Medsource Direct, #473 Letter filed by John Cornillie, Corporate Advice & Management Services AG: Counsel may appear by telephone but must make their own arrangements to do so. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/22/2009. (Vasquez, Lea)
December 21, 2009 Filing 493 Letter in response to letter dated December 16, 2009, submitted by plaintiffs' counsel's by Novex America (Bialek, Adam)
December 21, 2009 Filing 492 Letter In Response to Plaintiffs' Counsel's Letter dated December 16, 2009 concerning Proposed Confidentiality Order by Robert B Botwinick, Stephen Herman, Jerrold H. Hermann, Product Performance Company, INC (Padian, Gerald)
December 21, 2009 Filing 491 Letter In Response to Plaintiffs' Counsel's Letter dated December 16, 2009 concerning Proposed Confidentiality Order by National Distribution Corporation Et Al and by Green Valley Medical Distributors, LLC (Saperstein, Martin)
December 18, 2009 Filing 490 Letter to Hon. Steven M. Gold re letter filed today by Geoffrey Potter by American Healthcare, Inc., Michael Barba, Letko Edward, MSI Medical Supply, Inc. (Romero, Joanne)
December 18, 2009 Filing 489 Letter from Geoffrey Potter to Judge Gold regarding Joanne Romero's Letter of December 11, 2009, D.I. 485 by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
December 18, 2009 Opinion or Order SCHEDULING ORDER: IT IS HEREBY ORDERED that counsel for the Plaintiffs, the CAMS Defendants, the Farnes Defendants, and Defendant Aristidis Spanellis appear for a Pre-motion Conference on Thursday, January 28, 2010, at 11:30 am before the Honorable Sandra L. Townes, U.S. District Judge, United States District Court, Eastern District of New York, Brooklyn, NY. Ordered by Judge Sandra L. Townes on 12/18/2009. (Frullo, Veronica)
December 16, 2009 Filing 488 Letter from Geoffrey Potter to Judge Gold regarding Entry of Confidentiality Order by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Ex. A) (Potter, Geoffrey)
December 14, 2009 Filing 487 NOTICE of Voluntary Dismissal by Sterling Wholesale, LLC (Wilner, Marc)
December 14, 2009 Opinion or Order Filing 486 CONSENT ORDER re #481 Stipulation filed by LifeScan, Inc., Johnson & Johnson. Action is dismissed, pursuant to Rule 58 FRCP with prejudice only against Victory defts without costs or attorney's fees; Ordered by Judge Sandra L. Townes on 12/11/2009. (Clarke, Melonie)
December 11, 2009 Filing 485 Letter to Hon. Steven M. Gold re application to be heard at the 1-7-2010 status conference by American Healthcare, Inc., Letko Edward, MSI Medical Supply, Inc. (Romero, Joanne)
December 11, 2009 Minute Entry for Telephone Conference held on 12/10/2009 before Chief Magistrate Judge Steven M. Gold: Potter and Yatrakis for plaintiffs, Smedresman and Bialek for defendants Novex and Cantor. Discovery rulings on the record. Counsel for Novex and Cantor may submit a proposed order, after conferring with plaintiffs and obtaining their consent to its form, calling for destruction or return of irrelevant documents, and other defendants shall have one week after submission to submit any objections. If there is no objection, the order will be entered. In the event plaintiffs and defendants Novex and Cantor are unable to agree about whether any particular documents may be retained or should be returned, defendants Novex and Cantor may seek a further discovery conference by writing to the court. (Tape #FTR 4:01-4:21.) (Vasquez, Lea)
December 10, 2009 Filing 484 Letter requesting to appear at January 7, 2010 hearing by phone by Medsource Direct (Keppner, Shane)
December 10, 2009 Filing 483 Emergency MOTION to Adjourn Conference scheduled for December 10, 2009, at 4:00pm, by Novex America. (Bialek, Adam)
December 10, 2009 Opinion or Order ORDER denying #483 Motion to Adjourn Conference. The conference will proceed as scheduled. If another conference is necessary to resolve outstanding issues, it will be scheduled at the convenience of the court and the affected parties. Ordered by Chief Magistrate Steven M. Gold on 12/10/2009. (Gold, Steven)
December 9, 2009 Filing 482 Letter from Geoffrey Potter to Judge Gold in Response to November 18 and December 4,, 2009 Letter of the Novex Defendants by Johnson & Johnson, LifeScan, Inc. by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
December 9, 2009 Filing 481 STIPULATION (Joint Stipulation of Partial Dismissal With Prejudice and Consent to Imposition of Permanent Injunction) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
December 9, 2009 Opinion or Order ORDER re #473 Letter filed by John Cornillie, Corporate Advice & Management Services AG. Application to appear by phone is granted. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/9/2009. (Vasquez, Lea)
December 9, 2009 Minute Entry for Settlement Conference held on 12/8/2009 before Chief Magistrate Steven M. Gold: Potter et al for plaintiffs, Goodman et al for South Pointe defendants, Blandford for defendants' insurance carrier. Settlement agreement reached with defendants South Pointe, Jarrod Shirley and Eutre Shirley. Terms stated on the record. A stipulation discontinuing these claims should be filed by January 11, 2010. (Tape #FTR 12:57-1:03.) (Vasquez, Lea)
December 9, 2009 Opinion or Order ORDER re #472 Letter filed by LifeScan, Inc., Johnson & Johnson. APPLICATION GRANTED. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/9/2009. (Vasquez, Lea)
December 8, 2009 Opinion or Order Filing 480 Stipulation and Order dismissing Drogueria Central Inc.,'s cross-complaint against DTR Medical Wholesale. Ordered by Judge Sandra L. Townes on 12/8/2009. Endorsed on ECF doc. #476 (Clarke, Melonie)
December 8, 2009 Opinion or Order Filing 479 Stipulation and Order dismissing Drogueria Central, Inc.'s cross-complaint against Cobra Capital, Inc. Ordered by Judge Sandra L. Townes on 12/8/2009. Endorsed on ECF doc. #474 (Clarke, Melonie)
December 8, 2009 Opinion or Order Filing 478 Stipulation and Order dismissing Brothers Trading Co., Inc., d/b/a/ Victory Wholesale Grocers' Third Party Complaint against MC Distributors, Inc. Ordered by Judge Sandra L. Townes on 12/8/2009. Endorsed on ECF doc. #475 (Clarke, Melonie)
December 7, 2009 Filing 477 Letter regarding Plaintiffs' letter of December 2 by Novex America (Bialek, Adam)
December 7, 2009 Filing 476 STIPULATION of Dismissal and Proposed Order by DTR Medical Wholesale, Inc., Drogueria Central Inc. (Goldberg, Joseph)
December 7, 2009 Filing 475 STIPULATION of Dismissal and Proposed Order by Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, MC Distributors LLC (Goldberg, Joseph)
December 7, 2009 Filing 474 STIPULATION of Dismissal and Proposed Order by Cobra Capital, Inc., Drogueria Central Inc. (Goldberg, Joseph)
December 7, 2009 Filing 473 Letter requesting to appear at hearing scheduled for January 7, 2010 at 2:00 p.m. by phone by John Cornillie, Corporate Advice & Management Services AG (Perez-Gurri, Christopher)
December 2, 2009 Filing 472 Letter from Geoffrey Potter to Judge Gold on behalf of Plaintiffs Seeking Extension of Time to Serve Second Amended Initial Disclosure by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
December 1, 2009 Filing 471 Letter regarding Compliance with Order of July 31, 2009 by Dennis Cantor, Novex America (Bialek, Adam)
November 25, 2009 Filing 470 Letter on Consent to Adjourn December 1, 2009 Court Conference by Novex America (Bialek, Adam)
November 25, 2009 Opinion or Order ORDER re #470 Letter filed by Novex America. The December 1st conference will instead be held at 4:00 p.m. on December 10th. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/25/2009. (Vasquez, Lea)
November 24, 2009 Filing 469 ANSWER to #242 Amended Complaint by Letko Edward. (Zibas, Jura)
November 24, 2009 Filing 468 NOTICE of Appearance by Jura C. Zibas on behalf of Letko Edward (aty to be noticed) (Zibas, Jura)
November 23, 2009 Opinion or Order SCHEDULING ORDER re #459 Letter filed by Novex America: A telephone conference will be held at 12:00 p.m. on December 1, 2009. Counsel for plaintiffs and counsel for defendants Cantor and Novex are the only parties required to participate. Counsel for defendants is directed to arrange the call with all parties as well as confirm this conference date and time with plaintiffs' counsel. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/23/2009. (Vasquez, Lea)
November 20, 2009 Filing 467 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Letko Edward served on 11/11/2009, answer due 12/1/2009. (Potter, Geoffrey)
November 18, 2009 Filing 466 Letter in response to Plaintiffs' Letter of November 13, 2009, by Novex America (Bialek, Adam)
November 13, 2009 Filing 465 Letter from Christos Yatrakis to Judge Gold in Response to November 4, 2009 Letter of the Novex Defendants by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
November 10, 2009 Opinion or Order Filing 464 ORDER: Plaintiffs time to serve defendant Letko is extended to November 16, 2009. On or before that date, plaintiffs shall either serve process on defendant Letko at the Riegelsville, PA. It is further ORDERED that defendant Letko s request to withdraw defendant American Healthcare, Inc.s Response to Plaintiffs First Set of Interrogatories is denied, without prejudice to AHIs counsel making such a request before Magistrate Judge Gold. Ordered by Judge Sandra L. Townes on 11/6/2009. (Clarke, Melonie)
November 8, 2009 Opinion or Order ORDER granting in part and denying in part #461 Motion to Compel:The defendants have failed to identify any specific substantive prejudice from the rescheduling sought by plaintiffs. Accordingly, unless all of the defendants involved jointly agree to complete the depositions on the dates originally set, working no more than ten hours per day, and state that agreement to plaintiffs by noon on November 9, the application to adjourn the depositions so that multiple cross-country trips may be avoided is granted. If such an agreement is reached, the depositions will proceed as originally scheduled. Ordered by Chief Magistrate Steven M. Gold on 11/8/2009. (Gold, Steven)
November 6, 2009 Filing 463 Letter To Judge Steven M. Gold Regarding Depositions Of Plaintiff By Green Valley Medical Distributors, LLC, H&H Wholesale Services, Inc, Med-Health Direct, Inc., National Distribution Corporation, Purity Wholsale Grocers, Inc. and by South Pointe Wholesale, Inc. (Saperstein, Martin)
November 6, 2009 Minute Entry for Settlement Conference held on 11/3/2009 before Chief Magistrate Judge Steven M. Gold: Potter et al for plaintiff, Goodman et al for defendants South Pointe and Shirley Blanford et al for insurance carrier. Settlement conference held. A further settlement conference, with principals present, will be held at 10:00 a.m. on December 8th. (Vasquez, Lea)
November 5, 2009 Filing 462 Letter in response to Plaintiffs' Letter by Novex America (Bialek, Adam)
November 5, 2009 Filing 461 MOTION to Compel depositions of Plaintiffs as Scheduled by Robert B Botwinick, Stephen Herman, Jerrold H. Hermann, Product Performance Company, INC. (Padian, Gerald)
November 5, 2009 Filing 460 Letter From Geoffrey Potter to Magistrate Judge Gold Seeking Rescheduling of Certain Depositions Scheduled for Next Week by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
November 5, 2009 Opinion or Order ORDER re #460 Letter filed by LifeScan, Inc., Johnson & Johnson: I issue this notice to advise the parties that I am prepared to approve plaintiffs' application assuming it does not meet with serious objection. I enter this notice today because the dates at issue are imminent and I will be away from chambers from tonight until Monday. Ordered by Chief Magistrate Steven M. Gold on 11/5/2009. (Gold, Steven)
November 4, 2009 Filing 459 Letter by Novex America (Bialek, Adam)
October 30, 2009 Filing 458 REPLY in Support (Supplemental Confidential Mediation Statement of Johnson & Johnson and LifeScan, Inc.) filed by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Potter, Geoffrey)
October 29, 2009 Filing 457 Letter requesting a pre-motion conference by Letko Edward (Romero, Joanne)
October 29, 2009 Filing 456 REPLY in Support (Mediation Statement re J&J's Damages for the Counterfeit Boxes of Ten Strips Sold by South Pointe Wholesale, Inc.) filed by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 part 1, #4 Exhibit 3 part 2, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) (Potter, Geoffrey)
October 28, 2009 Filing 455 Letter From Geoffrey Potter to Judge Townes re October 21, 2009 Letter of Defendant Edward Letko by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
October 26, 2009 Opinion or Order Filing 454 JOINT STIPULATION of Partial Dismissal with Prejudice and Consent to Imposition of Permanent Injunction by and between Pltffs Johnson & Johnson and LifeScan, Inc., and Dfts Sterling Distributors and Dean G. Berry, President and owner of Sterling. Ordered by Judge Sandra L. Townes on 10/23/2009. See attached for details. (Abdallah, Fida)
October 23, 2009 Opinion or Order Filing 453 ENDORSED ORDER re #423 requesting extension of time. Application GRANTED. Ordered by Judge Sandra L. Townes on 10/21/2009. (Clarke, Melonie)
October 22, 2009 Filing 452 STIPULATION (Joint Stipulation of Partial Dismissal With Prejudice and Consent to Imposition of Permanent Injunction) by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
October 21, 2009 Filing 451 Letter to Honorable Sandra L. Townes requesting a pre-motion conference by Letko Edward (Romero, Joanne)
October 21, 2009 Opinion or Order Filing 450 CONSENT JUDGMENT AND PERMANENT INJUNCTION against DTR Defendants without costs or attorney's fees;. Ordered by Judge Sandra L. Townes on 10/19/2009. (see order for further detail) (Clarke, Melonie)
October 21, 2009 Opinion or Order Filing 449 STIPULATION AND ORDER re #447 Stipulation of Dismissal filed by Novex America. Ordered by Judge Sandra L. Townes on 10/16/2009. (Clarke, Melonie) (Main Document 449 replaced on 10/21/2009) (Clarke, Melonie).
October 16, 2009 Filing 448 STIPULATION (Consent Judgment and Permanent Injunction Between Plaintiffs and DTR Defendants) by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
October 15, 2009 Filing 447 STIPULATION of Dismissal and Proposed Order by Novex America (Bialek, Adam)
October 13, 2009 Filing 446 NOTICE of Voluntary Dismissal by Sterling Wholesale, LLC of cross-claims as to QK Healthcare, Inc. (Wilner, Marc)
October 12, 2009 Filing 445 NOTICE of Voluntary Dismissal by Novex America Against QK Healthcare, Inc. (Bialek, Adam)
October 9, 2009 Filing 444 Def. American Healthcare, Inc.'s ANSWER to Complaint Crossclaims of Def. Sterling Wholesale, LLC and Jeffrey B. Littman by American Healthcare, Inc.. (Zibas, Jura)
October 9, 2009 Filing 443 Def. MSI Medical Supply and Michael Barba ANSWER to Complaint to Cross Claims of Def. Sterling Wholesale LLC and Jeffrey B. Littman by Michael Barba, MSI Medical Supply, Inc.. (Zibas, Jura)
October 8, 2009 Filing 442 ANSWER to #425 Answer to Complaint, Crossclaim,,,,,,,,,,,,,,,, by Medsource Direct. (Keppner, Shane)
October 7, 2009 Filing 441 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Civil Cause for Oral Argument held on 9/30/2009, before Magistrate Judge Gold. Court Reporter/Transcriber FIORE TRANSCRIPTION SERVICE, Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/26/2009. Redacted Transcript Deadline set for 11/4/2009. Release of Transcript Restriction set for 1/4/2010. (Clarke, Melonie)
October 7, 2009 Filing 440 Letter Requesting Permission to Attend Status Conference on 11/3 via Telephone by John Cornillie, Corporate Advice & Management Services AG (Perez-Gurri, Christopher)
October 7, 2009 Opinion or Order ORDER: Only counsel for plaintiff and for the defendants represented by Goodman and Saperstein are expected to attend the conference scheduled for November 3. Ordered by Chief Magistrate Steven M. Gold on 10/7/2009. (Gold, Steven)
October 7, 2009 Opinion or Order SCHEDULING ORDER: An in-person settlement conference will be held at 10:00 a.m. on November 3, 2009 in Courtroom 13-D South. Counsel are directed to submit their respective settlement positions to the Court via ex parte electronic filing or via fax, if the letters do not exceed 5 pages in total, no later than 5:00 p.m. on October 29, 2009. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/7/2009. (Vasquez, Lea)
October 1, 2009 Filing 439 NOTICE by Johnson & Johnson, LifeScan, Inc. (Notice of Withdrawal of Noah Stein as Counsel for Plaintiffs Johnson & Johnson and LifeScan, Inc. and Request for Removal from the Court's ECF Notification System) (Stein, Noah)
October 1, 2009 Minute Entry for Status Conference held on 9/30/2009 before Chief Magistrate Judge Steven M. Gold: Potter, Yatrakis and Breaux for plaintiff, Goodman for South Pointe, Cizmarik for QK, Padian for Product Performance defendants, Bialek for Novex and Cantor, Goldberg for Victory, Young for Spanellis. Various discovery rulings on the record. Among other things, plaintiff will explain the arithmetic underlying its damages calculations within one week and finalize its damages calculations (subject to amendment upon discovery of additional relevant evidence) by December 1. NEXT CONFERENCE: JANUARY 7, 2010 AT 2 PM. Any applications to be heard at that conference shall be made by December 11, with responses due December 16 and replies, if any, by December 21. (Tape #FTR 3:09-4:18.) (Vasquez, Lea)
September 30, 2009 Opinion or Order ORDER granting #432 request by John Cornillie, Corporate Advice & Management Services AG, to appear by telephone during the conference scheduled for today, Sept. 30, at 3:00 p.m. Counsel shall provide chambers with a phone number in advance where he can be reached at 3:00 p.m. In the event that other parties wish to appear by phone, counsel must arrange a call-in number and alert the court in advance of the conference. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/30/2009. (Miller, Ilana)
September 30, 2009 Opinion or Order ORDER denying #431 Motion for Discovery for the reasons and to the extent stated on the record during the conference held today. Ordered by Chief Magistrate Steven M. Gold on 9/30/2009. (Gold, Steven)
September 29, 2009 Filing 438 Letter by Novex America (Bialek, Adam)
September 29, 2009 Filing 437 Letter to Magistrate Gold in Reply to Sept. 28, 2009 letter of Geoffrey Potter, Esq. by Robert B Botwinick, Stephen Herman, Jerrold H. Hermann, Product Performance Company, INC (Padian, Gerald)
September 29, 2009 Filing 436 Letter From Geoffrey Potter to Judge Gold in Response to the July 28, 2009 Letter of the Novex Defendants and the July 31, 2009 Letter of the South Pointe, Green Valley, H&H, Med-Health Direct, National, Purity, and Sterling Defendants Challenging J&J's Initial Disclosures Concerning its Damages by Johnson & Johnson, LifeScan, Inc., with annexed corrected Exhibit A by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A) (Potter, Geoffrey)
September 29, 2009 Filing 435 Letter To Judge Gold Requesting The Court To Act As Mediator by South Pointe Wholesale, Inc. (Saperstein, Martin)
September 28, 2009 Filing 434 Letter From Geoffrey Potter to Judge Gold in Response to the July 28, 2009 Letter of the Novex Defendants and the July 31, 2009 Letter of the South Pointe, Green Valley, H&H, Med-Health Direct, National, Purity, and Sterling Defendants Challenging J&J's Initial Disclosures Concerning its Damages by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A) (Potter, Geoffrey)
September 28, 2009 Filing 433 Letter From Geoffrey Potter to Judge Gold in Response to the July 30, 2009 Letter of the Product Performance Defendants Concerning J&J's Alleged Discovery Deficiencies by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Potter, Geoffrey)
September 28, 2009 Filing 432 Letter Requesting Permission to Attend Status Conference Scheduled for Sept. 30, 2009 Via Telephone by John Cornillie, Corporate Advice & Management Services AG (Perez-Gurri, Christopher)
September 28, 2009 Filing 431 Letter MOTION for Discovery from Plaintiffs by Robert B Botwinick, Stephen Herman, Jerrold H. Hermann, Product Performance Company, INC. (Padian, Gerald)
September 25, 2009 Filing 430 ANSWER to #425 Answer to Complaint, Crossclaim,,,,,,,,,,,,,,,, by Robert B Botwinick, Stephen Herman, Jerrold H. Hermann, Product Performance Company, INC. (Padian, Gerald)
September 25, 2009 Filing 429 ANSWER to #298 Answer to Amended Complaint, Crossclaim, Counterclaim,,,,,,,,,,,, by Robert B Botwinick, Stephen Herman, Jerrold H. Hermann, Product Performance Company, INC. (Padian, Gerald)
September 25, 2009 Minute Entry for Scheduling Conference held on 9/24/2009 before Chief Magistrate Steven M. Gold: Potter for plaintiff, Bialek for defendant Cantor. Ruling on record of deposition directing that defendant Cantor should answer certain questions. (Vasquez, Lea)
September 22, 2009 Filing 428 NOTICE of Appearance by Marc R. Wilner on behalf of Jeffrey B. Littman, Sterling Wholesale, LLC (aty to be noticed) (Wilner, Marc)
September 21, 2009 Opinion or Order Filing 427 ORDER granting #423 Motion for Extension of Time to File. Ordered by Judge Sandra L. Townes on 9/18/2009. (Clarke, Melonie)
September 18, 2009 Filing 426 DISCLOSURE of Interested Parties by Jeffrey B. Littman, Sterling Wholesale, LLC. (Attachments: #1 Rule 7.1 Statement) (Koster, Warren)
September 18, 2009 Filing 425 ANSWER to Complaint, CROSSCLAIM against A&M Marketing, ATE All Trade Enterprises LLP, American Diabetes Wholesale, LLC, American Healthcare, Inc., Amroges B.V., Eric Adriaan Antonius Maria Stevens, Michael Barbra, Dean G. Berry, Evan Blatt, Robert B Botwinick, Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, CHI Capital B.V., CHI Pharma B.V., Dennis Cantor, Care Desk Corporation, Eric Chirinsky, Cobra Capital, Inc., John Cornillie, Corporate Advice & Management Services AG, Randy Crowell, Rafael Curquejo, DBS Trading, Inc., DTR Medical Wholesale, Inc., Drogueria Central Inc., Dubamed Middle East Africa FZCO a/k/a Dubamed Medical Products, Herbert C. Dunayer, Alvin C. Eder, Letko Edward, Timothy L. Farnes, Tyler William Farnes, First Pharma Ghana, Ltd., Howard Frank, Freedom Exports, Dennis Gatscher, Howard Goldman, Green Valley Medical Distributors, LLC, Gymtrade CC, H&H Wholesale Services, Inc., Hadida cc, Christopher Hattenbach, Healthsource Distributors LLC, Wayne Heiferman, Stephen Herman, Jerrold H. Hermann, Carlos Hernandez, John Does 1-10, Richard C. Lapinski, Jeffrey A. Levitetz, Jeffrey B. Littman, MC Distributors LLC, MSI Medical Supply, Inc., Michael Maguire, Reuben C. Mahlagare, Marketing and Distribution Solutions, Med-Health Direct, INC, Medsource Direct, Midwest Drug Supply, LLC, National Distribution Corporation, Newport Trading, Inc., Novex America, Pharmacy Wholesale Services, Inc., Kevin Phillips, Prime International Products, Inc., Product Performance Company, INC, Purity Wholesale Grocers, Inc., QK Healthcare Inc., Quality King Distributors, Inc., Cees Jan Quirijns, Rowan Tree 1123 CC, Douglas Rudderham, Eutre Shirley, Jarrod Shirley, Dennis B. Smith, South Pointe Wholesale, Inc., Mark Sowter, Aristidis Spanellis, Sterling Distributors, Sterling Wholesale, LLC, Eric Stevens, Coenraad Hendrik Swart, Trayll Brands B.V., Elizabeth M. Venter, Robert Welter, Jerry L. Wolaski, Anton van Schalkwyk by Jeffrey B. Littman, Sterling Wholesale, LLC. (Koster, Warren)
September 17, 2009 Filing 424 NOTICE of Change of Address by Martin I. Saperstein of Goodman & Saperstein Representing South Pointe Wholesale, Inc., Eutre Shirley, Jarrod Shirley, Med-Health Direct, Inc., Christopher Hattenbach, Purity Wholesale Grocers, Inc., Jeffrey A. Levitez, National Distribution Corporation, Carlos Hernandez, Green Valley Medical Distributors, LLC, Randy Crowell, H&H Wholesale Services, Inc., Howard Goldman, Sterling Distributors and Dean G. Barry (Saperstein, Martin)
September 16, 2009 Filing 423 Letter MOTION for Extension of Time to File (Letter Requesting That the Court Hold the CAMS Defendants' Motion in Abeyance for 45 Days Pending the Parties' Settlement Discussions and Permitting J&J to File a Substantive Response by November 2, 2009) by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
September 10, 2009 Opinion or Order SCHEDULING ORDER re Telephone Conference held on 6/8/2009: Due to a conflict, the status conference scheduled for September 29th will instead be held at 3:00 p.m. on September 30, 2009. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/10/2009. (Vasquez, Lea)
September 9, 2009 Filing 422 CERTIFICATE OF SERVICE by Novex America re #310 Answer to Amended Complaint, Crossclaim by Green Valley Medical Distributors (Bialek, Adam)
September 4, 2009 Filing 421 MOTION for pre motion conference re #414 Order on Motion for Pre Motion Conference,, by John Cornillie, Corporate Advice & Management Services AG. (Geffin, Alan)
August 28, 2009 Filing 420 FILING FEE RECEIVED: $ 25.00, receipt number 4653004614 for appearance of Jonathan O. Hafen, Esq. (Clarke, Melonie)
August 28, 2009 Filing 419 MOTION for Leave to Appear Pro Hac Vice as to Jonathan O. Hafen, Esq. by Timothy L. Farnes, Tyler William Farnes. (Clarke, Melonie)
August 28, 2009 Filing 418 FILING FEE RECEIVED: $ 25.00, receipt number 4653004613 for appearance of Gregory M. Hess, Esq. (Clarke, Melonie)
August 28, 2009 Filing 417 MOTION for Leave to Appear Pro Hac Vice as to Gregory M. Hess, Esq. by Timothy L. Farnes, Tyler William Farnes. (Clarke, Melonie)
August 28, 2009 Opinion or Order ORDER granting #417 Motion for Leave for Gregory M. Hess to Appear Pro Hac Vice ; granting #419 Motion for Leave for Jonathan O. Hafen to Appear Pro Hac Vice. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/28/2009. (Vasquez, Lea)
August 27, 2009 Filing 416 STIPULATION Stipulation Extending Time to Answer Plaintiffs' Summons & Complaint by Jeffrey B. Littman, Sterling Wholesale, LLC (Koster, Warren)
August 25, 2009 Opinion or Order Filing 415 CONSENT JUDGMENT AND PERMANENT INJUNCTION: Entered pursuant to Rule 58 of the FRCP, this action is hereby dismissed, with prejudice, only against the PWS Defendants without costs or attorney's fees; Ordered by Judge Sandra L. Townes on 8/24/2009. Endorsed on ECF doc. #399 (Clarke, Melonie)
August 25, 2009 Opinion or Order Filing 414 ORDER denying #391 and #392 Motion for Pre Motion Conference as to CAMS defendants. Ordered by Judge Sandra L. Townes on 8/21/2009. (see order for further detail). (Clarke, Melonie)
August 25, 2009 Opinion or Order ORDER re #354 : By letter dated July 21, 2009, David Sprong, local counsel for defendant Medsource Pharmaceutical, LLC, requested to withdraw as counsel. No objection has been filed. Medsource is also represented by counsel admitted pro hac vice. Absent an objection filed by September 1, 2009, Mr. Sprong's request to be relieved as counsel is granted. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/25/2009. (Miller, Ilana)
August 19, 2009 Filing 413 Corporate Disclosure Statement by Cobra Capital, Inc. (Ferri, Joseph)
August 19, 2009 Filing 412 CERTIFICATE OF SERVICE by Novex America re #387 Answer to Crossclaim of South Pointe Wholesale (Bialek, Adam)
August 18, 2009 Filing 411 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Letko Edward served on 8/5/2009, answer due 8/25/2009. (Potter, Geoffrey)
August 18, 2009 Filing 410 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Jeffrey B. Littman served on 8/6/2009, answer due 8/26/2009. (Potter, Geoffrey)
August 18, 2009 Filing 409 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Sterling Wholesale, LLC served on 8/6/2009, answer due 8/26/2009. (Potter, Geoffrey)
August 18, 2009 Filing 408 Letter to Judge Gold informs Court that the deposition of QKH's Rule 30(b)(6) witness has been changed from September 10-11, 2009 on consent to September 17 and 18 by QK Healthcare Inc. (Viola, Anthony)
August 17, 2009 Filing 407 Cobra Capital's ANSWER to #293 Answer to Amended Complaint,, Crossclaim by Defendant Alvin C. Eder by Cobra Capital, Inc.. (Ferri, Joseph)
August 14, 2009 Filing 406 ACKNOWLEDGMENT OF SERVICE Executed as to #242 Amended Complaint Acknowledgement filed by Johnson & Johnson. Summons and Sixth Ameneded Complaint have been served via Federal Express to First Pharma Ghana Ltd and Dubamed Middle East Africa FZCO. Fed Exp. tracking number: 8685 8693 6757 for Dubamed Middle East Africa FZCO. Fed Exp. tracking number: 8685 8693 6790 for First Pharma Ghana Ltd. (Brown, Marc)
August 13, 2009 Minute Order for Telephone Conference held on 8/12/2009 proceedings held before Chief Magistrate Judge Steven M. Gold granting #403 Motion for Extension of Time to Complete Discovery: Yatrakis for plaintiff, Cizmarik for QK, Bialek for Novex, Rank for Product Performance, Schwendemann for Masters and Smith, Perez for CAMS, Goldberg for Victory. The deposition of QK is adjourned to September 10 and 11. The deposition of Novex is adjourned from September 21-24 to September 22-25. QK will produce the outstanding emails at issue on a rolling basis, with production to be completed by August 31. (Vasquez, Lea)
August 12, 2009 Filing 405 ANSWER to #328 Answer to Amended Complaint, Crossclaim by Med-Health Direct, INC. (Saperstein, Martin)
August 12, 2009 Filing 404 Letter From Christos Yatrakis to Judge Gold in Response to Quality King Healthcare, Inc.'s Application for an Emergency Protective Order by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
August 12, 2009 Filing 403 Letter MOTION for Extension of Time to Complete Discovery [QK Healthcare Inc. seeks an emergency order directing that the Aug. 13-14 depositions of QKH's Rule 30(b)(6) witness be adjourned pending the resolution of a discovery dispute that plaintiffs manufactured for the first time days ago] by QK Healthcare Inc.. (Cizmarik, Andre)
August 12, 2009 Filing 402 ANSWER to #369 Answer to Amended Complaint, Crossclaim by National Distribution Corporation. (Saperstein, Martin)
August 12, 2009 Opinion or Order ORDER deferring ruling on #403 Motion for Extension of Time to Complete Discovery. A telephone conference will be held at 5:30 p.m. today. Counsel for QK Healthcare has been directed to notify all parties and also arrange the call. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/12/2009. (Vasquez, Lea)
August 10, 2009 Filing 401 Letter to Judge Townes From Geoffrey Potter in Opposition to the August 6, 2009 Letter of Defendant Aristidis Spanellis Seeking a Pre-Motion Conference by Johnson & Johnson, LifeScan, Inc. by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A - Part 1 of 4, #2 Exhibit A - Part 2 of 4, #3 Exhibit A - Part 3 of 4, #4 Exhibit A - Part 4 of 4, #5 Exhibit B) (Potter, Geoffrey)
August 7, 2009 Filing 400 Letter to Judge Gold From Christos Yatrakis in Response to the Court's Request to Schedule a Conference Relating to Plaintiff's Rule 26 Disclosures by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
August 6, 2009 Filing 399 STIPULATION (Consent Judgment and Permanent Injunction) by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
August 6, 2009 Filing 398 Letter from S. Alyssa Young to Judge Townes re Pre-Motion Conference by Aristidis Spanellis (Young, Alyssa)
August 5, 2009 Filing 397 Cobra's ANSWER to #297 Answer to Amended Complaint, Crossclaim,, Victory and DCI's Cross-Claims by Cobra Capital, Inc.. (Ferri, Joseph)
August 5, 2009 Filing 396 CERTIFICATE OF SERVICE by Novex America re #389 Answer to Crossclaim of Dennis B. Smith and Masters Pharmaceutical, Inc. i/s/h/a DBS Trading, Inc. (Bialek, Adam)
August 5, 2009 Filing 395 CERTIFICATE OF SERVICE by Novex America re #388 Answer to Crossclaim of Green Valley Medical Distributors, LLC (Bialek, Adam)
August 5, 2009 Filing 394 CERTIFICATE OF SERVICE by Novex America re #387 Answer to Crossclaim of South Pointe Wholesale, Inc. (Bialek, Adam)
August 5, 2009 Filing 393 Letter MOTION to Compel Compliance filed by South Pointe Wholesale Inc., National Distribution Corporation, Med-Health Direct, Inc., H&H Wholesale Services, Inc., Purity Wholesale Gtocers, Inc., Sterling Distributors and by Green Valley Medical Distributors, LLC. (Saperstein, Martin)
August 4, 2009 Filing 392 Letter MOTION for pre motion conference re #294 Answer to Amended Complaint by John Cornillie, Corporate Advice & Management Services AG. (Hermelee, Bruce)
August 4, 2009 Filing 391 Letter MOTION for pre motion conference re #265 Amended Complaint by John Cornillie, Corporate Advice & Management Services AG. (Hermelee, Bruce)
August 3, 2009 Filing 390 Letter From Geoffrey Potter to Judge Townes in Opposition to the June 22, 2009 Letter of Defendant Aristidis Spanellis Seeking a Pre-Motion Conference by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
August 3, 2009 Filing 389 Novex America Inc.'s ANSWER to #338 Answer to Complaint, Crossclaim of Dennis B. Smith and Masters Pharmaceutical, Inc. i/s/h/a DBS Trading, Inc. by Novex America. (Bialek, Adam)
August 3, 2009 Filing 388 Novex America, Inc.'s ANSWER to #310 Answer to Amended Complaint, Crossclaim of Green Valley Medical Distributors, LLC by Novex America. (Bialek, Adam)
August 3, 2009 Filing 387 Novex America, Inc.'s ANSWER to #316 Answer to Amended Complaint, Crossclaim,, of South Pointe Wholesale, Inc. by Novex America. (Bialek, Adam)
August 3, 2009 Filing 386 Letter in Opposition to the June 22, 2009 Letter of Defendants Timothy L. Farnes and Tyler W. Farnes Seeking a Pre-Motion Conference Regarding Their Anticipated Motion to Dismiss for Lack of Personal Jurisdiction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
August 3, 2009 Filing 385 NOTICE of Voluntary Dismissal by Sterling Distributors Of Cross-Claims Against Med-Health Direct, Inc. (Saperstein, Martin)
August 3, 2009 Motion terminated, docketed incorrectly: #384 Letter MOTION for pre motion conference. Document #384 is NOT an request for a pre-motion conference but a motion to compel. Counsel needs to re-file this document using the proper event, motion to compel. (Frullo, Veronica)
July 31, 2009 Filing 384 Letter MOTION for pre motion conference by Green Valley Medical Distributors, LLC, H&H Wholesale Services, Inc., Med-Health Direct, Inc., National Distribution Corporation, Purity Wholesale Grocers, Inc., Sterling Distributors And by South Pointe Wholesale, Inc.. (Saperstein, Martin)
July 31, 2009 Filing 383 Letter From Geoffrey Potter to Judge Townes Regarding Sterling Distributors, Inc.'s and Dean G. Berry's Request for a Pre-Motion Conference by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
July 31, 2009 Minute Entry for Telephone Conference held on 7/30/2009 before Chief Magistrate Judge Steven M. Gold: Potter and Yatrakis for plaintiffs; Bialek, Smedresman and Boren for defendants Novex America and Cantor. Plaintiff will make the documents and computers seized from Cantor and Novex available for inspection by these defendants so that materials not relevant to this action may be identified and returned. To the extent defendants do not review and seek the return of the materials seized from them by plaintiffs, plaintiffs will return materials not relevant to this action within 60 days of Cantor's deposition. (Vasquez, Lea)
July 30, 2009 Filing 382 Letter to Magistrate Judge Gold pursuant to Local Rule 37.3 by Robert B Botwinick, Stephen Herman, Jerrold H. Hermann, Product Performance Company, INC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Padian, Gerald)
July 30, 2009 Opinion or Order Filing 381 ORDER granting #375 Motion to Substitute Attorney. Attorney Martin I. Saperstein terminated. Ordered by Chief Magistrate Steven M. Gold on 7/29/2009. (Clarke, Melonie)
July 29, 2009 Filing 380 Letter From Christos Yatrakis to Judge Gold in Response to the Novex Defendants' July 15, 2009 and July 28, 2009 Letters by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
July 29, 2009 Filing 379 FILING FEE: $ 50.00, receipt number 4653003437 for pro hace vice appearances of William Jacobs and R. Guy Taft re #349 and #350 (Clarke, Melonie)
July 29, 2009 Filing 378 ANSWER to #328 Answer to Amended Complaint, Crossclaim Of MedSource Pharmaceutical, LLC by South Pointe Wholesale, Inc.. (Saperstein, Martin)
July 29, 2009 Filing 377 ANSWER to #328 Answer to Amended Complaint, Crossclaim Of MedSource Pharmaceutical, LLC by National Distribution Corporation. (Saperstein, Martin)
July 29, 2009 Filing 376 Letter by Dennis Cantor, Novex America (Bialek, Adam)
July 28, 2009 Filing 375 Letter MOTION to Substitute Attorney Goodman & Saperstein for Broad & Cassel to represent Sterling Distributors and Dean G. Berry by Sterling Distributors. (Saperstein, Martin)
July 28, 2009 Filing 374 ANSWER to #372 Third Party Complaint of QK Healthcare Inc by MC Distributors LLC. (Skulnik, Steven)
July 28, 2009 Filing 373 SUGGESTION OF BANKRUPTCY Upon the Record as to Howard Frank. (Clarke, Melonie)
July 24, 2009 Filing 372 THIRD PARTY COMPLAINT against MC Distributors LLC, filed by QK Healthcare Inc.. (Cizmarik, Andre)
July 24, 2009 Filing 371 NOTICE of Change of address by Steven Skulnik (Skulnik, Steven)
July 23, 2009 Filing 370 FILING FEE: $ 25.00, receipt number 4653003204 & $25.00, receipt #4653003205 received for Pro Hac Vice motions filed in this case (Sica, Michele) (Additional attachment(s) added on 7/23/2009: #1 receipt) (Sica, Michele).
July 22, 2009 Filing 369 ANSWER to #265 Amended Complaint, CROSSCLAIM against Carlos Hernandez, National Distribution Corporation by Michael Barbra, MSI Medical Supply, Inc.. (Zibas, Jura)
July 22, 2009 Filing 368 Corporate Disclosure Statement by MSI Medical Supply, Inc. (Zibas, Jura)
July 22, 2009 Filing 367 ANSWER to #265 Amended Complaint by American Healthcare, Inc.. (Zibas, Jura)
July 22, 2009 Filing 366 Corporate Disclosure Statement by American Healthcare, Inc. (Zibas, Jura)
July 22, 2009 Filing 365 NOTICE of Appearance by Joanne J. Romero on behalf of Michael Barbra (aty to be noticed) (Romero, Joanne)
July 22, 2009 Filing 364 NOTICE of Appearance by Joanne J. Romero on behalf of MSI Medical Supply, Inc. (aty to be noticed) (Romero, Joanne)
July 22, 2009 Filing 363 NOTICE of Appearance by Joanne J. Romero on behalf of American Healthcare, Inc. (aty to be noticed) (Romero, Joanne)
July 22, 2009 Filing 362 NOTICE of Appearance by Jura C. Zibas on behalf of Michael Barbra, MSI Medical Supply, Inc. (aty to be noticed) (Zibas, Jura)
July 22, 2009 Filing 361 NOTICE of Appearance by Jura C. Zibas on behalf of American Healthcare, Inc. (aty to be noticed) (Zibas, Jura)
July 22, 2009 Filing 360 ANSWER to #298 Answer to Amended Complaint, Crossclaim, Counterclaim,,,,,,,,,,,, by Amroges B.V., Eric Adriaan Antonius Maria Stevens. (Attachments: #1 Certificate of Service) (McCarney, James)
July 22, 2009 Filing 359 AMENDED ANSWER to 6th #265 Amended Complaint by Amroges B.V., Eric Adriaan Antonius Maria Stevens. (Attachments: #1 Certificate of Service) (McCarney, James)
July 22, 2009 Filing 358 REPLY in Opposition re #314 Answer to Amended Complaint, Crossclaim,, filed by Eric Adriaan Antonius Maria Stevens. (Attachments: #1 Certificate of Service) (McCarney, James)
July 22, 2009 Opinion or Order SCHEDULING ORDER: A telephone conference will be held at 10:00 a.m. on July 30, 2009 with counsel for plaintiffs and defendants Cantor and Novex; the only parties required to participate. Counsel shall confer and make the necessary arrangements for the call. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/22/2009. (Vasquez, Lea)
July 21, 2009 Opinion or Order Filing 357 STIPULATION AND ORDER re #353 Stipulation, filed by Douglas Rudderham, Pharmacy Wholesale Services, Inc.. Ordered by Chief Magistrate Steven M. Gold on 7/22/2009. (Fernandez, Erica)
July 21, 2009 Filing 356 NOTICE of Appearance by William R. Jacobs on behalf of Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, Drogueria Central Inc. (aty to be noticed) (Jacobs, William)
July 21, 2009 Filing 355 NOTICE of Appearance by Richard G. Taft on behalf of Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, Drogueria Central Inc. (aty to be noticed) (Taft, Richard)
July 21, 2009 Filing 354 Letter to The Honorable Steven M. Gold dated July 21, 2009 from David J. Sprong, Esq. by Medsource Direct (Sprong, David)
July 21, 2009 Opinion or Order Filing 353 STIPULATION and Order in which the parties do not reach a settlement, defendants will respond to the plaintiffs' Sixth Amended Complaint on or before August 24, 2009 and defendants will submit their initial disclosures on or before August 24, 2009. by Pharmacy Wholesale Services, Inc., Douglas Rudderham (DiBella, Dolores)
July 20, 2009 Filing 352 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/5/2009, before Judge Gold. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/7/2009. Redacted Transcript Deadline set for 8/17/2009. Release of Transcript Restriction set for 10/15/2009. (Sanders, Melanie)
July 17, 2009 Opinion or Order Filing 351 STIPULATION AND ORDER re #335 ; The Stipulation is approved and hereby entered as an Order of the Court. Ordered by Chief Magistrate Steven M. Gold on 7/9/2009. (Fernandez, Erica)
July 16, 2009 Opinion or Order ORDER granting #349 William Jacobs' Motion for Leave to Appear Pro Hac VicePro Hac Vice ; and granting #350 R. Guy Taft's Motion for Leave to Appear Pro Hac Vice provided that any necessary fees are promptly paid to the Clerk's Office. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/16/2009. (Vasquez, Lea)
July 15, 2009 Filing 350 MOTION for Leave to Appear Pro Hac Vice by Attorney R. Guy Taft by Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, Drogueria Central Inc.. (Goldberg, Joseph)
July 15, 2009 Filing 349 MOTION for Leave to Appear Pro Hac Vice by Attorney William R. Jacobs by Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, Drogueria Central Inc.. (Goldberg, Joseph)
July 15, 2009 Filing 348 ANSWER to #298 Answer to Amended Complaint, Crossclaim, Counterclaim,,,,,,,,,,,, (Plaintiffs' Answer And Affirmative Defenses to Sterling Distributors' Counterclaims) by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
July 15, 2009 Filing 347 Letter regarding Discovery by Dennis Cantor, Novex America (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Bialek, Adam)
July 15, 2009 Filing 346 QK Healthcare, Inc.'s ANSWER to #344 Answer to Crossclaim, Counterclaim filed by Novex America, Inc. by QK Healthcare Inc.. (Viola, Anthony)
July 14, 2009 Filing 345 ANSWER to #316 Answer to Amended Complaint, Crossclaim,, of South Pointe Wholesale, Inc., Jarrod Shirley and Eutre Shirley by Product Performance Company, INC. (Padian, Gerald)
July 14, 2009 Filing 344 ANSWER to #206 Answer to Amended Complaint, Crossclaim and, COUNTERCLAIM against QK Healthcare Inc. by Novex America. (Bialek, Adam)
July 14, 2009 Filing 343 Corporate Disclosure Statement by DTR Medical Wholesale, Inc. (Quinn, Charles)
July 14, 2009 Filing 342 Answer to Crossclaim of Alvin C. Eder ANSWER to Complaint by DTR Medical Wholesale, Inc.. (Quinn, Charles)
July 14, 2009 Filing 341 Answer of DTR Medical to Crossclaim of Brothers Trading Co. ANSWER to #297 Answer to Amended Complaint, Crossclaim,, by DTR Medical Wholesale, Inc.. (Quinn, Charles)
July 13, 2009 Filing 340 ANSWER to #308 Answer to Amended Complaint, Crossclaim of Purity Wholesale Grocers, Inc. and Jeffrey A. Levitetz by Product Performance Company, INC. (Padian, Gerald)
July 13, 2009 Filing 339 ANSWER to #295 Answer to Amended Complaint, Crossclaim of Cobra Capital, Inc. and Herbert Dunayer by Product Performance Company, INC. (Padian, Gerald)
July 13, 2009 Filing 338 Amended ANSWER to Complaint with Cross-Claims and Affirmative Defenses, CROSSCLAIM against MC Distributors LLC, Novex America by DBS Trading, Inc.. (Schwendemann, Edward)
July 13, 2009 Filing 337 Letter Motion re: Pre-Motion Conference by Aristidis Spanellis (Young, Alyssa)
July 13, 2009 Opinion or Order Filing 336 STIPULATION AND ORDER TO ANSWER re #317 Stipulation. Ordered by Judge Sandra L. Townes on 6/26/2009. (Clarke, Melonie)
July 9, 2009 Filing 335 STIPULATION re #298 Answer to Amended Complaint, Crossclaim, Counterclaim,,,,,,,,,,,, to extend the Product Performance Defendants' Time to Respond to Cross-claims by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick (Padian, Gerald)
July 8, 2009 Filing 334 Med-Health Direct, Inc.'s and Christopher Hattenbach's ANSWER to #298 Answer to Amended Complaint,,,,, Crossclaim,,,,, Counterclaim,,,, Of Sterling Distributors by Med-Health Direct, INC. (Saperstein, Martin)
July 8, 2009 Filing 333 ANSWER to #295 Answer to Amended Complaint, Crossclaim Of Cobra Capital, Inc. by Med-Health Direct, INC. (Saperstein, Martin)
July 7, 2009 Opinion or Order Filing 332 STIPULATION AND ORDER re #322 Stipulation filed by American Healthcare, Inc. Extending time to Answer. Ordered by Chief Magistrate Steven M. Gold on 7/7/2009. (Fernandez, Erica)
July 7, 2009 Opinion or Order Filing 331 ORDER granting #323 Motion for Extension of Time to File Response/Reply. (Ordered by Judge Sandra L. Townes on 7/2/2009) (Piper, Francine)
July 6, 2009 Filing 330 CERTIFICATE OF SERVICE by Eric Stevens, Amroges B.V. re #329 Answer to Amended Complaint (McCarney, James)
July 6, 2009 Filing 329 ANSWER to #265 Amended Complaint by Eric Stevens, Amroges B.V.. (McCarney, James)
July 6, 2009 Filing 328 ANSWER to #265 Amended Complaint, CROSSCLAIM against Healthsource Distributors LLC, National Distribution Corporation, South Pointe Wholesale, Inc., Med-Health Direct, INC by Medsource Direct. (Keppner, Shane)
July 6, 2009 Filing 327 Corporate Disclosure Statement by Medsource Direct (Keppner, Shane)
July 2, 2009 Filing 326 NOTICE of Appearance by Diana Siri Breaux on behalf of Johnson & Johnson, LifeScan, Inc. (aty to be noticed) (Attachments: #1 Affidavit of Service) (Breaux, Diana)
July 2, 2009 Filing 325 MC Distributors LLC's ANSWER to #324 Third Party Complaint of Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers by MC Distributors LLC. (Skulnik, Steven)
July 1, 2009 Filing 324 THIRD PARTY COMPLAINT against MC Distributors LLC, filed by Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers. (Goldberg, Joseph)
July 1, 2009 Third Party Summons Issued as to MC Distributors LLC. on July 1, 2009. (Brown, Marc)
June 29, 2009 Filing 323 Letter MOTION for Extension of Time to File Response/Reply to Defendants' Letters Seeking Pre-Motion Conferences by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
June 29, 2009 Filing 322 STIPULATION TO EXTEND TIME TO ANSWER by American Healthcare, Inc. (Zibas, Jura)
June 29, 2009 Filing 321 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Howard Frank served on 6/19/2009, answer due 7/9/2009. (Potter, Geoffrey)
June 26, 2009 Filing 320 RESPONSE to Discovery Request by Cobra Capital, Inc., Herbert C. Dunayer. (Ferri, Joseph)
June 26, 2009 Filing 319 Corporate Disclosure Statement by Sterling Distributors (Nicholson, Robert)
June 26, 2009 Filing 318 Corporate Disclosure Statement by Novex America, Dennis Cantor (Bialek, Adam)
June 25, 2009 Filing 317 STIPULATION and proposed Order extending time for defendants' Amroges B.V. and Eric A.A.M. Stevens to answer plaintiffs' sixth amended complaint from June 22, 2009 to July 6, 2009 by Amroges B.V., Eric Adriaan Antonius Maria Stevens (McAndrew, Sean)
June 25, 2009 Opinion or Order ORDER re #281 Letter filed by LifeScan, Inc., Johnson & Johnson: No objection has been filed to the revised deposition schedule or proposed method for notifying defendants of time allotted for questions submitted by plaintiff on June 8. Accordingly, the schedule and methodology are hereby approved and entered as an order of the court. Ordered by Chief Magistrate Steven M. Gold on 6/25/2009. (Gold, Steven)
June 23, 2009 Filing 316 ANSWER to #242 #265 Amended Complaints, CROSSCLAIM against Novex America, Product Performance Company, INC by South Pointe Wholesale, Inc.. (Marziliano, August) Modified on 7/14/2009 (Marziliano, August). Modified on 7/14/2009 (Marziliano, August).
June 23, 2009 Filing 315 Corporate Disclosure Statement by South Pointe Wholesale, Inc. (Saperstein, Martin)
June 23, 2009 Filing 314 Med-Health Direct, Inc.'s and Christopher Hattenbach's ANSWER to #265 Amended Complaint, CROSSCLAIM against Eric Stevens, Care Desk Corporation, Trayll Brands B.V. and against CHI Pharma B.V. by Med-Health Direct, INC. (Saperstein, Martin)
June 23, 2009 Filing 313 Corporate Disclosure Statement by Med-Health Direct, INC (Saperstein, Martin)
June 23, 2009 Filing 312 H&H Wholesale Services, Inc.'s and Howard B. Goldman's ANSWER to #265 Amended Complaint, CROSSCLAIM against Aristidis Spanellis and against Gymtrade CC by H&H Wholesale Services, Inc.. (Saperstein, Martin)
June 23, 2009 Filing 311 Corporate Disclosure Statement by H&H Wholesale Services, Inc. (Saperstein, Martin)
June 23, 2009 Filing 310 Green Valley Medical Distributors, LLC's and Randy Crowell's ANSWER to #265 Amended Complaint, CROSSCLAIM against Novex America by Green Valley Medical Distributors, LLC. (Saperstein, Martin)
June 23, 2009 Filing 309 Corporate Disclosure Statement by Green Valley Medical Distributors, LLC (Saperstein, Martin)
June 23, 2009 Filing 308 Purity Wholesale Grocers, Inc.'s and Jeffrey Levitetz' ANSWER to #265 Amended Complaint, CROSSCLAIM against Product Performance Company, INC by Purity Wholesale Grocers, Inc.. (Saperstein, Martin)
June 23, 2009 Filing 307 Corporate Disclosure Statement by Purity Wholesale Grocers, Inc. (Saperstein, Martin)
June 23, 2009 Filing 306 National Distribution's and Carlos Hernandez' ANSWER to #265 Amended Complaint, CROSSCLAIM against Gymtrade CC, Aristidis Spanellis, Rowan Tree 1123 and against Coenraad Hendrik Swart by National Distribution Corporation. (Saperstein, Martin)
June 23, 2009 Filing 305 Corporate Disclosure Statement by National Distribution Corporation (Saperstein, Martin)
June 23, 2009 Filing 304 STIPULATION re #265 Amended Complaint by Corporate Advice & Management Services AG, John Cornillie, Johnson & Johnson, LifeScan, Inc. (Hermelee, Bruce)
June 22, 2009 Filing 303 ANSWER to #265 Amended Complaint with Affirmative Defenses by DBS Trading, Inc.. (Schwendemann, Edward)
June 22, 2009 Filing 302 Corporate Disclosure Statement by DBS Trading, Inc. (Schwendemann, Edward)
June 22, 2009 Filing 301 Corporate Disclosure Statement by Product Performance Company, INC (Padian, Gerald)
June 22, 2009 Filing 300 Corporate Disclosure Statement by Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, Drogueria Central Inc. (Goldberg, Joseph)
June 22, 2009 Filing 299 Letter to Judge Townes requesting pre-motion conference by Sterling Distributors, Dean G. Berry (Nicholson, Robert)
June 22, 2009 Filing 298 Sterling Distributors and Dean G. Berry's ANSWER to #265 Amended Complaint, CROSSCLAIM against Michael Maguire, Eric Chirinsky, Product Performance Company, INC, Med-Health Direct, INC, Care Desk Corporation, Kevin Phillips, Trayll Brands B.V., CHI Pharma B.V., Amroges B.V., CHI Capital B.V., Eric Adriaan Antonius Maria Stevens, Corporate Advice & Management Services AG, John Cornillie, Rowan Tree 1123 CC, Elizabeth M. Venter, Reuben C. Mahlagare, Coenraad Hendrik Swart, Aristidis Spanellis, Gymtrade CC, MC Distributors LLC, Hadida cc, Anton van Schalkwyk, Jerrold H. Hermann, Mark Sowter, Marketing and Distribution Solutions, First Pharma Ghana, Ltd., Dubamed Middle East Africa FZCO a/k/a Dubamed Medical Products, Cees Jan Quirijns, Stephen Herman, ATE All Trade Enterprises LLP, Robert B Botwinick, Freedom Exports, Rafael Curquejo, Christopher Hattenbach, COUNTERCLAIM against Johnson & Johnson, LifeScan, Inc. by Sterling Distributors, Dean G. Berry. (Attachments: #1 Exhibit Seizure Order) (Nicholson, Robert)
June 22, 2009 Filing 297 BROTHERS TRADING CO., INC. D/B/A/ VICTORY WHOLESALE GROCERS AND DROGUERIA CENTRAL, INC.'s ANSWER to #242 Amended Complaint, CROSSCLAIM against DTR Medical Wholesale, Inc., Cobra Capital, Inc., MC Distributors LLC by Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, Drogueria Central Inc.. (Goldberg, Joseph)
June 22, 2009 Filing 296 ANSWER to #289 Answer to Amended Complaint, Crossclaim by Novex America. (Bialek, Adam)
June 22, 2009 Filing 295 Defts Cobra & Dunayer's ANSWER to #265 Amended Complaint, CROSSCLAIM against Product Performance Company, INC, Med-Health Direct, INC, MC Distributors LLC by Cobra Capital, Inc., Herbert C. Dunayer. (Ferri, Joseph)
June 22, 2009 Filing 294 ANSWER to #265 Amended Complaint by Novex America, Dennis Cantor. (Bialek, Adam)
June 22, 2009 Filing 293 Defendant ALVIN. C. EDER's ANSWER to #242 Amended Complaint, #265 Amended Complaint, ANSWER to #242 Amended Complaint, #265 Amended Complaint, CROSSCLAIM against Cobra Capital, Inc. by Alvin C. Eder. (Schechter, Scott)
June 22, 2009 Filing 292 ANSWER to #242 Amended Complaint by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick. (Padian, Gerald)
June 22, 2009 Filing 291 Letter MOTION for pre motion conference by Aristidis Spanellis. (Young, Alyssa)
June 22, 2009 Filing 290 Letter MOTION for pre motion conference re #265 Amended Complaint by Timothy L. Farnes, Tyler William Farnes. (Milazzo, Christopher)
June 22, 2009 Filing 289 QK HEALTHCARE, INC.'S ANSWER to #242 Amended Complaint, CROSSCLAIM against MC Distributors LLC, Novex America by QK Healthcare Inc.. (Viola, Anthony)
June 22, 2009 Filing 288 NOTICE of Appearance by Christopher Philip Milazzo on behalf of Timothy L. Farnes, Tyler William Farnes (aty to be noticed) (Milazzo, Christopher)
June 22, 2009 Filing 287 ANSWER to #265 Amended Complaint by Robert Welter. (Quinn, Charles)
June 22, 2009 Filing 286 ANSWER to #265 Amended Complaint, CROSSCLAIM against Sterling Distributors by DTR Medical Wholesale, Inc.. (Quinn, Charles)
June 19, 2009 Opinion or Order ORDER TO ANSWER re #285 Stipulation, filed by Douglas Rudderham, Pharmacy Wholesale Services, Inc. Douglas Rudderham answer due 7/22/2009; Purity Wholesale Grocers, Inc. answer due 7/22/2009. The Stipulation is approved and hereby entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/19/2009. (Vasquez, Lea)
June 19, 2009 Opinion or Order ORDER re #283 : By letter dated June 16, 2009, counsel for defendants Pharmacy Wholesale Services and Douglas Rudderham requested an amendment to the Minute Entry dated June 9, 2009, to include the deadline for all parties' Rule 26 disclosures. As of today's date, no objections have been filed. Accordingly, the request to amend the minute entry is granted. All Rule 26 disclosures are due June 26, 2009. Ordered by Chief Magistrate Steven M. Gold on 6/19/2009. (Miller, Ilana)
June 18, 2009 Opinion or Order Filing 285 STIPULATION and Order extending defendant's Pharmacy Wholesale Services, Inc. and Douglas Rudderham's time to answer to plaintiff's Sixth Amended Complaint from June 22, 2009 to July 22, 2009 by Pharmacy Wholesale Services, Inc., Douglas Rudderham (O'Rourke, Brendan)
June 18, 2009 Filing 284 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Prime International Products, Inc. served on 6/17/2009, answer due 7/7/2009. (Potter, Geoffrey)
June 16, 2009 Filing 283 Letter to The Honorable Steven M. Gold re This letter confirms our conversation with your Honor's clerk today concerning the due date for all parties' Rule 26 Disclosures by Pharmacy Wholesale Services, Inc., Douglas Rudderham (DiBella, Dolores)
June 16, 2009 Filing 282 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. American Healthcare, Inc. served on 6/11/2009, answer due 7/1/2009. (Potter, Geoffrey)
June 9, 2009 Minute Entry for Telephone Conference held on 6/8/2009 before Chief Magistrate Judge Steven M. Gold: Yatrakis for plaintiffs, various counsel for defendants as indicated in the record. Plaintiffs shall provide a new schedule of depositions that takes into account the revisions discussed on the record today. In addition, plaintiffs shall arrange for a current deposition schedule, including a listing of the times allocated to each participating party, to be available to all counsel by electronic means. Counsel for defendants shall work together to avoid duplicative questioning, to ensure that the time available is fairly divided, and to make plaintiffs' counsel aware of how defendants will share the time so that the electronically available master calendar of depositions accurately reflects how the time for each deposition will be allocated. THE CONFERENCE PREVIOUSLY SCHEDULED FOR JULY 28 WILL BE HELD INSTEAD AT 2:00 P.M. ON SEPTEMBER 29. (Tape #FTR 4:31-5:12.) (Vasquez, Lea)
June 8, 2009 Filing 281 Letter to Magistrate Judge Gold Attaching a Revised Deposition Schedule Requested During the Court Conference on June 5, 2009 by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
June 5, 2009 Filing 280 Letter by Novex America, Dennis Cantor (Bialek, Adam)
June 4, 2009 Filing 279 Letter to Magistrate Judge Gold Enclosing a Proposed Discovery Schedule by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
June 3, 2009 Filing 278 Letter objecting to Proposed Discovery Schedule submitted by Plaintiffs on May 20, 2009 by Sterling Distributors, Dean G. Berry (Nicholson, Robert)
June 2, 2009 Opinion or Order Filing 277 ORDER granting #271 Motion to Appoint Counsel. See attached Order. Ordered by Chief Magistrate Steven M. Gold on 6/2/2009. (O'Connor, Erin)
May 29, 2009 Filing 276 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Randy Crowell served on 4/28/2009, answer due 5/18/2009. (Potter, Geoffrey)
May 29, 2009 Filing 275 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Green Valley Medical Distributors, LLC served on 4/30/2009, answer due 5/20/2009. (Potter, Geoffrey)
May 27, 2009 Opinion or Order SCHEDULING ORDER: A telephone conference will be held at 4:30 p.m. on June 5, 2009. Counsel for plaintiff is directed to arrange the call with all parties as well as notify all defendants who are proceeding pro se in this case, of this conference date and time. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/27/2009. (Vasquez, Lea)
May 26, 2009 Filing 274 Letter in response to the May 22, 2009 letter by Adam Bialek on behalf of co-defendants Dennis Cantor and his company Novex America. (Docket No. 272) by QK Healthcare Inc. (Cizmarik, Andre)
May 22, 2009 Filing 273 Letter to Judge Gold objects to certain aspects of the Proposed Discovery Schedule submitted by Lifescan on May 20, 2009 (Docket No. 268) by QK Healthcare Inc. (Cizmarik, Andre)
May 22, 2009 Filing 272 Letter by Novex America, Dennis Cantor (Bialek, Adam)
May 21, 2009 Filing 270 Letter objecting to portions of the proposed Discovery Schedule by Alvin C. Eder (Bruno, Jonathan)
May 20, 2009 Filing 269 Letter objecting to portions of the proposed Discovery Schedule by Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, Drogueria Central Inc. (Goldberg, Joseph)
May 20, 2009 Filing 268 Letter Enclosing Proposed Discovery Schedule by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
May 19, 2009 Opinion or Order Filing 267 CONSENT JUDGMENT AND PERMANENT INJUNCTION: This Consent judgment is entered pursuant to Rule 58 of the FRCP and this action is hereby dismissed, with prejudice, only against the A & M Marketing Defendants without costs or attorney's fees; Ordered by Judge Sandra L. Townes on 5/18/2009. (see order for further detail) (Clarke, Melonie)
May 19, 2009 Opinion or Order ORDER terminating #134 Motion to Compel; terminating #150 Motion for Protective Order; terminating #152 Motion for Protective Order. See Minute Entry for Dec. 12, 2008 conference. Order terminating #197 Motion to Compel; terminating #202 Motion to Compel; terminating #212 Motion to Compel. See Minute Entry for Feb. 4, 2009 conference. Ordered by Chief Magistrate Steven M. Gold on 5/19/2009. (O'Connor, Erin)
May 18, 2009 Filing 266 STIPULATION (Consent Judgment And Permanent Injunction) by Johnson & Johnson, LifeScan, Inc., A&M Marketing, Richard C. Lapinski (Yatrakis, Christos)
May 15, 2009 Filing 271 MOTION to Appoint Counsel (w/ Request to Proceed In Forma Pauperis In Support of the Application for the Court to Request Counsel and Affirmation of Service attached) filed by Dennis Gatscher. (Galeano, Sonia)
May 12, 2009 Filing 265 AMENDED COMPLAINT (Sixth Amended Complaint refiled pursuant to the Court's order on May 6, 2009 that the Sixth Amended Complaint be unsealed) against all defendants, filed by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
May 12, 2009 Filing 264 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Dennis Gatscher served on 4/29/2009, answer due 5/19/2009. (Potter, Geoffrey)
May 7, 2009 Minute Entry for Status Conference held on 5/6/2009 before Chief Magistrate Judge Steven M. Gold: Potter for plaintiff, Padian for Product Performance, Saperstein for South Pointe et al., Cizmarek for QK Healthcare, Goldberg for Victory et al., other counsel as indicated on the record. Various discovery rulings on the record, including 1) The 6th amended complaint is unsealed and all defendants shall answer by June 22, 2009. 2) Plaintiff will provide stipulations that price will not be a basis for an inference of counterfeiting with respect to certain defendants and plaintiff will consider providing similar stipulations with respect to quantity and source. This ruling is without prejudice to any defendant's right to renew its motion for discovery if that defendant, after conferring in good faith with plaintiff about an appropriate stipulation or the nature of plaintiff's anticipated proof at trial, is able to demonstrate that the requested discovery of plaintiff is relevant. 3) Plaintiff has 30 days to respond to defendants' application for discovery of its policing of distribution. 4) Plaintiff shall produce all documents concerning the 2005 customs seizure within 30 days. 5) Plaintiff's application for an extension of the discovery deadline is granted. Counsel shall file a joint discovery plan within 2 weeks with firm deposition dates to be so ordered by the court. NEXT STATUS CONFERENCE, TO BE HELD IN-PERSON WITH ALL PARTIES ATTENDING is scheduled for July 28, 2009 at 2:00 p.m. (Tape #FTR: 3:01 - 4:04.) (Vasquez, Lea)
May 6, 2009 Filing 262 Letter (with Confidential Exhibits to be submitted in camera) by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick (Padian, Gerald)
May 5, 2009 Filing 261 NOTICE of Appearance by Joseph P. Goldberg on behalf of Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, Drogueria Central Inc. (aty to be noticed) (Goldberg, Joseph)
May 5, 2009 Filing 260 Letter to Judge Gold regarding plaintiffs' refusal to produce pricing information by QK Healthcare Inc. (Cizmarik, Andre)
May 5, 2009 Filing 259 NOTICE of Appearance by Jonathan B. Bruno on behalf of Alvin C. Eder (aty to be noticed) (Bruno, Jonathan)
May 5, 2009 Filing 258 NOTICE of Appearance by Scott A. Schechter on behalf of Alvin C. Eder (aty to be noticed) (Schechter, Scott)
May 5, 2009 Filing 257 STIPULATION re #242 Amended Complaint and Order by Medsource Direct (Sprong, David)
May 5, 2009 Filing 256 Letter from Shane L. Keppner, Esq. Requesting Leave to Appear at Conference filed by Medsource Direct (Sprong, David)
May 5, 2009 Filing 255 STIPULATION re #242 Amended Complaint and Proposed Order by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick (Padian, Gerald)
May 5, 2009 Opinion or Order ORDER TO ANSWER re #257 Stipulation filed by Medsource Direct, and #255 Stipulation filed by Product Performance Company, INC, Stephen Herman, Jerrold H. Hermann, Robert B Botwinick Product Performance Company, INC answer due 5/29/2009; Jerrold H. Hermann answer due 5/29/2009; Stephen Herman answer due 5/29/2009; Robert B Botwinick answer due 5/29/2009; Medsource Direct answer due 6/22/2009, AND ORDER re #256 Letter filed by Medsource Direct granting application to appear by telephone at the 5/6/09 conference. So Ordered by Chief Magistrate Judge Steven M. Gold on 5/5/2009. (Vasquez, Lea)
May 4, 2009 Filing 254 Letter to Judge Gold in response to Product Performance Defendants April 29, 2009 letter by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
May 1, 2009 Filing 253 NOTICE of Appearance by Joseph P. Ferri, Jr on behalf of Cobra Capital, Inc., Herbert C. Dunayer (aty to be noticed) (Ferri, Joseph)
April 30, 2009 Filing 252 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Cobra Capital, Inc. served on 4/22/2009, answer due 5/12/2009; Herbert C. Dunayer served on 4/22/2009, answer due 5/12/2009; DTR Medical Wholesale, Inc. served on 4/22/2009, answer due 5/12/2009; Robert Welter served on 4/23/2009, answer due 5/13/2009; Midwest Drug Supply, LLC served on 4/20/2009, answer due 5/11/2009. (Potter, Geoffrey)
April 29, 2009 Filing 251 Letter to Magistrate Gold re Agenda for May 6, 2009 Conference by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick (Padian, Gerald)
April 24, 2009 Opinion or Order Filing 250 ORDER re #247 Stipulation, filed by Douglas Rudderham, Pharmacy Wholesale Services, Inc. The stipulation is approved and hereby entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 4/24/2009. (Vasquez, Lea) (Abdallah, Fida).
April 24, 2009 Opinion or Order Filing 249 STIPULATION AND ORDER TO ANSWER re #248 Stipulation extending time for defendants Dennis Cantor, Novex America, Inc. to respond to Complaint. Answer due 6/22/2009. Ordered by Chief Magistrate Steven M. Gold on 4/22/2009. (Clarke, Melonie)
April 22, 2009 Filing 248 STIPULATION Extending Time to Respond by Novex America, Dennis Cantor (Bialek, Adam)
April 22, 2009 Motions terminated, #246 MOTION for Extension of Time to File Answer re #242 Amended Complaint Stipulation and Order extending time to aswer, move or otherwise respond to plaintiff's Sixth Amended Complaint MOTION for Extension of Time to File Answer re #242 Amended Complaint Stipulation and Order extending time to aswer, move or otherwise respond to plaintiff's Sixth Amended Complaint filed by Douglas Rudderham, Pharmacy Wholesale Services, Inc. **Refiled as Stipulation, see entry #247 (Clarke, Melonie)
April 21, 2009 Filing 247 STIPULATION re #242 Amended Complaint Stipulation and Order extending defendant's time to answer, move or otherwise respond to plaintiff's' Sixth Amended Complaint by Pharmacy Wholesale Services, Inc., Douglas Rudderham (DiBella, Dolores)
April 21, 2009 Filing 246 MOTION for Extension of Time to File Answer re #242 Amended Complaint Stipulation and Order extending time to aswer, move or otherwise respond to plaintiff's Sixth Amended Complaint by Pharmacy Wholesale Services, Inc., Douglas Rudderham. (DiBella, Dolores)
April 10, 2009 Opinion or Order Filing 245 STIPULATION AND ORDER endorsed on doc #244 Confidentiality Stipulation and Order Between Plaintiffs and DTR Medical Wholesale, Inc. Ordered by Chief Magistrate Steven M. Gold on 4/9/2009. (Fernandez, Erica)
April 8, 2009 Filing 244 STIPULATION (Confidentiality Stipulation and Order Between Plaintiffs and DTR Medical Wholesale, Inc.) by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
April 7, 2009 Filing 263 AMENDED COMPLAINT SIXTH Pages 6-113 redacted and filed under seal against South Pointe Wholesale, Inc., filed by Johnson & Johnson, LifeScan, Inc.. (Clarke, Melonie)
April 6, 2009 Filing 243 Letter dated 4/6/2009 to Judge Gold relating to Plaintiffs' Sixth Amended Complaint by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
April 6, 2009 Filing 242 AMENDED COMPLAINT Sixth Amended Complaint against all defendants, filed by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
March 27, 2009 Filing 241 Letter Requesting that the Conference Scheduled for April 8, 2009 be Canceled or Alternatively Adjourned Until a Later Date by Johnson & Johnson, LifeScan, Inc. (Yatrakis, Christos)
March 27, 2009 Opinion or Order SCHEDULING ORDER: The conference previously scheduled for April 8th will instead be held at 2:30 p.m. on May 6, 2009. So Ordered by Chief Magistrate Judge Steven M. Gold on 3/27/2009. (Vasquez, Lea)
March 24, 2009 Filing 240 NOTICE of Appearance by Noah Stein on behalf of Johnson & Johnson, LifeScan, Inc. (aty to be noticed) (Stein, Noah)
March 19, 2009 Filing 239 NOTICE of Change of Law Firm by Geoffrey Potter (Potter, Geoffrey)
March 13, 2009 Filing 238 MOTION for Extension of Time to File an Amended Complaint by Johnson & Johnson. (Potter, Geoffrey)
March 3, 2009 Opinion or Order Filing 237 CONFIDENTIALITY STIPULATION AND ORDER. Ordered by Judge Sandra L. Townes on 2/27/2009. (Clarke, Melonie)
March 2, 2009 Filing 236 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/4/2009, before Judge Gold. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/23/2009. Redacted Transcript Deadline set for 4/2/2009. Release of Transcript Restriction set for 6/1/2009. (Sanders, Melanie)
February 27, 2009 Opinion or Order Filing 235 CONSENT JUDGMENT AND PERMANENT INJUNCTION: This Consent Judgment is entered pursuant to Rule 58 of the FRCP, and this action is hereby dismissed, with prejudice, only against the Newport Defendants without costs or attorney's fees; Ordered by Judge Sandra L. Townes on 2/27/2009. (Clarke, Melonie)
February 26, 2009 Filing 233 Letter with Consent Judgment and Permanent Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 25, 2009 Opinion or Order Filing 234 ORDER TO ANSWER re #232 Stipulation filed by LifeScan, Inc., Johnson & Johnson. Timothy L. Farnes and Tyler William Farnes answer due 5/29/2009. Ordered by Chief Magistrate Steven M. Gold on 2/25/2009. (Clarke, Melonie)
February 25, 2009 Filing 232 STIPULATION that the time for defendants Timothy L. Farnes and Tyler W. Farnes to answer or otherwise respond to the complaint is extended to May 29, 2009 by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 19, 2009 Filing 231 NOTICE of Appearance by Adam Bialek on behalf of Novex America, Dennis Cantor (aty to be noticed) (Bialek, Adam)
February 11, 2009 Filing 230 AFFIDAVIT/AFFIRMATION of Johannes Bax by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit 1-9, #2 Exhibit 10-20, #3 Exhibit 21-29) (Potter, Geoffrey)
February 9, 2009 Filing 229 DECLARATION re #215 Unsigned Order to Show Cause / Declaration of Geoffrey Potter in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4-7, #3 Exhibit 8-9, #4 Exhibit 10, #5 Exhibit 11-12) (Potter, Geoffrey)
February 9, 2009 Filing 228 DECLARATION re #215 Unsigned Order to Show Cause / Declaration of Ilyssa Sena in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 227 DECLARATION re #215 Unsigned Order to Show Cause / Declaration of Roy Albiani in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 226 DECLARATION re #215 Unsigned Order to Show Cause / Declaration of Patricia Maguire dated April 9, 2008, in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 225 DECLARATION re #215 Unsigned Order to Show Cause / Declaration of Patricia Maguire dated April 17, 2008, in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 224 DECLARATION re #215 Unsigned Order to Show Cause /Declaration of Patricia Maguire dated May 2, 2008 in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 223 DECLARATION re #215 Unsigned Order to Show Cause /Declaration of Mohamed Khader in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 222 DECLARATION re #215 Unsigned Order to Show Cause /Declaration of Thomas Wagner in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 221 DECLARATION re #215 Unsigned Order to Show Cause /Declaration of Gabrielle Gould in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 220 DECLARATION re #215 Unsigned Order to Show Cause / Declaration of Wayne Barnes in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 219 DECLARATION re #215 Unsigned Order to Show Cause /Declaration of Adrienne Gaboury in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 218 DECLARATION re #215 Unsigned Order to Show Cause /Declaration of Burton Lund in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 217 DECLARATION re #215 Unsigned Order to Show Cause Declaration of James Bracken in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 9, 2009 Filing 216 DECLARATION re #215 Unsigned Order to Show Cause Declaration of Christos Yatrakis in Support of Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3-10, #3 Exhibit 11-22) (Potter, Geoffrey)
February 9, 2009 Filing 215 Unsigned Order to Show Cause For A Temporary Restraining Order and Preliminary Injunction by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 6, 2009 Filing 214 Letter Withdrawing the Motion for Contempt Against Defendant Aristidis Spanellis by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
February 6, 2009 Filing 213 SUMMONS Returned Executed by QK Healthcare Inc.. MC Distributors LLC served on 1/27/2009, answer due 2/17/2009. (Cizmarik, Andre)
February 6, 2009 Minute Entry for Oral Argument held on 2/4/09 before Chief Magistrate Steven M. Gold on #212 Motion to Compel; Potter, et al for plaintiffs, Young for Spanellis, Cizmarik for QK. Rulings on the record with respect to pending discovery motions. Oral argument held on plaintiffs' motion to hold Spanellis in contempt. Decision reserved. Plaintiffs may file a supplemental letter brief by February 6th and if they do, defendant Spanellis may file a supplemental submission by February 10th. (Tape #FTR 1:58-3:27.) (Vasquez, Lea)
February 4, 2009 Filing 212 MOTION to Compel by Aristidis Spanellis. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Young, Alyssa)
February 3, 2009 Filing 211 ANSWER to #207 Third Party Complaint by MC Distributors LLC. (Skulnik, Steven)
February 3, 2009 Filing 210 Letter Responding to Plaintiffs January 29, 2009 application regarding the Bax Affidavit. by Aristidis Spanellis (Young, Alyssa)
January 26, 2009 Opinion or Order Filing 208 ORDER denying #203 Motion for Leave to File Fifth Amended Complaint by Plaintiffs; without prejudice to filing either(1) written consent to the proposed amendment complaint, signed by all of the adverse parties, or (2) a motion pursuant to FRCP Rule 15(a). Ordered by Judge Sandra L. Townes on 1/26/2009. (see order for further detail) (Clarke, Melonie)
January 23, 2009 Filing 209 Third Party Summons Issued as to MC Distributors LLC. (Lagana, Michael)
January 23, 2009 Filing 207 THIRD PARTY COMPLAINT against MC Distributors LLC, filed by QK Healthcare Inc.. (Cizmarik, Andre)
January 23, 2009 Filing 206 ANSWER to #35 Amended Complaint,,,, [Fourth], CROSSCLAIM against MC Distributors LLC, Novex America by QK Healthcare Inc.. (Cizmarik, Andre)
January 22, 2009 Filing 205 RESPONSE in Opposition re #202 MOTION to Compel filed by Aristidis Spanellis. (Young, Alyssa)
January 22, 2009 Filing 204 CONFIDENTIALITY STIPULATION AND ORDER. Ordered by Chief Magistrate Steven M. Gold on 1/15/2009. (Abdallah, Fida)
January 22, 2009 Filing 203 MOTION for Leave to File A Fifth Amended Complaint by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Proposed Order) (Potter, Geoffrey)
January 22, 2009 Opinion or Order ORDER: The Court will hear all fully briefed discovery motions at the conclusion of the oral argument scheduled for 2:00 p.m. on February 4, 2006. Counsel shall confer to ensure that all necessary parties are aware of the conference date and time. Ordered by Chief Magistrate Steven M. Gold on 1/22/2009. (O'Connor, Erin)
January 20, 2009 Filing 202 MOTION to Compel by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
January 20, 2009 Filing 201 REPLY in Opposition re #197 MOTION to Compel /Redacted Motion to Compel filed by QK Healthcare Inc.. (Cizmarik, Andre)
January 20, 2009 Filing 200 MOTION for Extension of Time to Complete Discovery /The Deposition of Ms. Patricia Maguire be taken in New York on February 2, 2009 be moved to Friday February 6, 2009 by Johnson & Johnson, LifeScan, Inc.. (Yatrakis, Christos)
January 20, 2009 Opinion or Order ORDER granting #200 Motion for Extension of Time to Complete Discovery. Ordered by Chief Magistrate Steven M. Gold on 1/20/2009. (O'Connor, Erin)
January 16, 2009 Filing 199 FILING FEE: $ 50.00 receipt number 361055 for Pro Hac Vice appearances of Shane Keppner and Barry N. Johnson on behalf of Medsource Direct. (Clarke, Melonie)
January 14, 2009 Filing 198 STIPULATION /Confidentiality Stipulation and Order by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
January 14, 2009 Filing 197 MOTION to Compel /Redacted Motion to Compel by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
January 9, 2009 Filing 196 NOTICE of Appearance by Sal Cognetti, Jr. on behalf of A&M Marketing, Richard C. Lapinski (notification declined or already on case) (Cognetti, Jr., Sal)
January 9, 2009 Filing 195 CONFIDENTIAL STIPULATION AND ORDER re #192 Stipulation filed by LifeScan, Inc., Johnson & Johnson. Ordered by Chief Magistrate Steven M. Gold on 1/8/2009. (Clarke, Melonie)
January 6, 2009 Filing 194 NOTICE of Appearance by Martin I. Saperstein on behalf of Carlos Hernandez (aty to be noticed) (Saperstein, Martin)
January 6, 2009 Filing 193 NOTICE of Appearance by Martin I. Saperstein on behalf of National Distribution Corporation (aty to be noticed) (Saperstein, Martin)
January 6, 2009 Filing 192 STIPULATION /Confidentiality Stipulation and Proposed Order by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
December 24, 2008 Filing 191 TRANSCRIPT of Proceedings held on December 12, 2008, before Judge Gold. Court Transcriber Aria Transcriptions, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/14/2009. Redacted Transcript Deadline set for 1/26/2009. Release of Transcript Restriction set for 3/24/2009. (Rocco, Christine)
December 22, 2008 Filing 190 MEMORANDUM in Opposition re #189 Reply in Opposition, filed by Aristidis Spanellis. (Young, Alyssa)
December 22, 2008 Filing 189 REPLY in Opposition filed by Aristidis Spanellis. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I) (Young, Alyssa)
December 22, 2008 Opinion or Order Filing 188 STIPULATION AND ORDER of Confidentiality: It is hereby ordered that this Protective Order shall govern the handling of all documents and all other materials produced by Sterling in this action;. Ordered by Judge Sandra L. Townes on 12/18/2008. (see order for further detail) Endorsed on ECF doc. #183 (Clarke, Melonie)
December 18, 2008 Filing 187 Letter To Judge Gold regarding proposed order submitted by Johnson & Johnson regarding CAMS and Mr. Cornillies Motion for Protective Order. by Corporate Advice & Management Services AG, John Cornillie (Geffin, Alan)
December 18, 2008 Opinion or Order ORDER re #186 Proposed Scheduling Order filed by LifeScan, Inc., Johnson & Johnson entering same as an order of the court. Ordered by Chief Magistrate Steven M. Gold on 12/18/08. (Gold, Steven)
December 17, 2008 Filing 186 Proposed Scheduling Order /Proposed Order Regarding Defendants John Cornillie and Corporate Advice and Management Services AG's Motion for a Protective Order by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
December 17, 2008 Opinion or Order Filing 185 Order Dismissing Parties: Party MC Distributors LLC; Michael Maguire; American Diabetes Wholesale, LLC and Eric Chirinsky (collectively the "MCD Defendants")terminated. Endorsed on ECF doc. #181 . Ordered by Judge Sandra L. Townes on 12/15/2008. (Clarke, Melonie)
December 16, 2008 Filing 184 TRANSCRIPT of Proceedings held on 12/3/08, before Judge Gold. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2009. Redacted Transcript Deadline set for 1/16/2009. Release of Transcript Restriction set for 3/16/2009. (Hong, Loan)
December 16, 2008 Filing 183 STIPULATION Regarding Confidentiality by Sterling Distributors (Nicholson, Robert)
December 15, 2008 Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Status Conference held on 12/12/2008. Potter and Yatrikas for plaintiff, Geffen for defendants CAMS and Cornillie. Oral argument held on defendants' motion for a protective order. The motion is granted in part and denied in part as further stated on the record. Counsel will confer and, by December 18, jointly submit a proposed order incorporating the court's rulings on the record. (Tape #FTR 1:56-3:05.) (Vasquez, Lea)
December 15, 2008 Opinion or Order ORDER granting #182 Motion for Extension of Time to File Response/Reply in connection with plaintiffs' contempt motion. Spanellis' sur-reply is due December 22, 2008. The court, however, is not available for oral argument the week of January 19, 2008. The oral argument on the motion will be held instead at 2:00 p.m. on February 4, 2009. So Ordered. Ordered by Chief Magistrate Steven M. Gold on 12/15/2008. (O'Connor, Erin)
December 12, 2008 Filing 182 MOTION for Extension of Time to File Response/Reply in connection with plaintiffs' contempt motion by Aristidis Spanellis. (Young, Alyssa)
December 12, 2008 Filing 181 STIPULATION of Dismissal On consent of Plaintiffs Johnson & Johnson and LifeScan, Inc. and Defendants Eric Chirinsky, Michael Maguire, MC Distributors LLC, and American Diabetes Wholesale LLC dlbla Premier Purchasing Group by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
December 12, 2008 Opinion or Order ORDER granting in part and denying in part #170 Motion for Protective Order Counsel shall submit an order incorporating the rulings made on the record today by December 18. Ordered by Chief Magistrate Steven M. Gold on 12/12/08. (Gold, Steven)
December 11, 2008 Filing 180 FILING FEE: $ 25, receipt number #358618. Pro Hac Vice Motion - Attorney, Sal Cognetti, Jr. (Clarke, Melonie)
December 11, 2008 Filing 179 MOTION for Leave to Appear Pro Hac Vice Sal Cognetti, Jr. Filing fee $ 25. (Attachments: #1 Proposed Order, #2 receipt) (Clarke, Melonie)
December 11, 2008 Opinion or Order Filing 178 STIPULATION AND ORDER re #177 Stipulation. Ordered by Judge Sandra L. Townes on 12/10/2008. (Clarke, Melonie)
December 11, 2008 Opinion or Order ORDER granting #179 Motion for Sal Cognetti, Jr. Leave to Appear Pro Hac Vice. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/11/2008. (Vasquez, Lea)
December 10, 2008 Opinion or Order ORDER APPROVING The Stipulation #177 , filed by Douglas Rudderham, Pharmacy Wholesale Services, Inc. extending defendants time to answer, move or otherwise respond to plaintiff's fifth amended complaint within thirty days from the date the complaint was filed. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/10/2008. (Vasquez, Lea)
December 10, 2008 Opinion or Order ORDER granting #175 Motion by Shane Keppner Leave to Appear Pro Hac Vice. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/10/2008. (Vasquez, Lea)
December 10, 2008 NOTICE re Order on Motion for Shane Keppner Leave to Appear Pro Hac Vice. The application is granted provided the necessary fees associated with this motion are promptly paid to the Clerk of Court. (Vasquez, Lea)
December 10, 2008 Opinion or Order ORDER granting #176 Motion by Barry N. Johnson Leave to Appear Pro Hac Vice provided the necessary fees associated with this motion are promptly paid to the Clerk of Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/10/2008. (Vasquez, Lea)
December 9, 2008 Filing 177 STIPULATION and Proposed Order that within thirty days of Plaintiffs filing a Fifth Amended Complaint or within thirty days of written notice to respond to the Fourth Amended Complaint, Defendants will answer, or otherwise respond to Plaintiffs' most recently filed complaint. by Pharmacy Wholesale Services, Inc., Douglas Rudderham (DiBella, Dolores)
December 8, 2008 Filing 176 MOTION for Leave to Appear Pro Hac Vice by Medsource Direct. (Attachments: #1 Affidavit of Barry N. Johnson, #2 Proposed Order, #3 Affidavit of Service) (Sprong, David)
December 8, 2008 Filing 175 MOTION for Leave to Appear Pro Hac Vice by Medsource Direct. (Attachments: #1 Affidavit of Shane Keppner in Support of Motion, #2 Proposed Order, #3 Affidavit of Service) (Sprong, David)
December 8, 2008 Filing 174 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/14/2008, before Judge Gold. Court Reporter/Transcriber Fiore Transcription Service, Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/29/2008. Redacted Transcript Deadline set for 1/8/2009. Release of Transcript Restriction set for 3/9/2009. (Sanders, Melanie)
December 5, 2008 Filing 173 RESPONSE to Motion re #170 MOTION for Protective Order Defendants, John Cornillie and Corporate Service Management Services AG Motion for Protective Order filed by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
November 25, 2008 Filing 171 DECLARATION re #170 MOTION for Protective Order Defendants, John Cornillie and Corporate Service Management Services AG Motion for Protective Order Declaration of Defendant Corporate Advice and Management Services AG in Support of its Motion for Protective Order by Corporate Advice & Management Services AG, John Cornillie (Attachments: #1 Exhibit A-C, #2 Exhibit D-F, #3 Exhibit J-L, #4 Exhibit J-L, #5 Exhibit M-O) (Perez-Gurri, Christopher)
November 25, 2008 Filing 170 MOTION for Protective Order Defendants, John Cornillie and Corporate Service Management Services AG Motion for Protective Order by Corporate Advice & Management Services AG, John Cornillie. (Attachments: #1 Exhibit Exhibit A to Motion for protective Order) (Perez-Gurri, Christopher)
November 24, 2008 Filing 169 MEMORANDUM in Support re #53 Order to Show Cause, /Plaintiffs' Memorandum of Law in Further Support of Their Motion For An Order of Civil Contempt Against Aristidis Spanellis filed by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
November 24, 2008 Filing 168 DECLARATION re #53 Order to Show Cause, /Declaration of Geoffrey Potter by Johnson & Johnson, LifeScan, Inc. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2.pdf, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit B-M) (Potter, Geoffrey)
November 19, 2008 Opinion or Order Filing 167 STIPULATION AND ORDER re #163 Confidentiality Stipulation filed by LifeScan, Inc., Johnson & Johnson. Ordered by Chief Magistrate Steven M. Gold on 11/18/2008. (Clarke, Melonie)
November 18, 2008 Filing 166 Letter Previously Delivered to Judge Gold on July 9, 2008 by Johnson & Johnson, LifeScan, Inc. (Sena, Ilyssa)
November 18, 2008 Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Show Cause Hearing held on 11/14/2008. Potter et al for plaintiffs, Padian et al for Product Performance defendants; Goodman and Saperstein for South Pointe defendants; Perez-Gurri for CAMS defendants; Sismera for QK Healthcare; Dibella for Pharmacy Wholesale; Schwendemann for Smith et al; Young for Spinellis; Nicholson for Sterling. (1) CAMS defendant may file a supplemental brief on jurisdictional discovery by 11/25/08. Any reply by plaintiffs is due 12/5/08. THE COURT WILL HEAR ARGUMENT ON CAMS' MOTION FOR A PROTECTIVE ORDER AT 2:00 PM ON DECEMBER 12, 2008. (2) THE COURT WILL HEAR ARGUMENT ON PLAINTIFFS' MOTION TO HOLD SPANELLIS IN CONTEMPT AT 2:00 PM ON DECEMBER 18, 2008. (3) If the CAMS defendants' protective order motion is denied, CAMS and/or its principal will be deposed on January 26. Stevens will be deposed on January 28. Patricia McGuire will be deposed in New York on February 2. The Product Performance defendants will be deposed on February 9, to be continued from day to day until completed. The South Pointe defendants will be deposed on February 23, to be continued from day to day until completed. (4) Plaintiffs will file an amended complaint on or before March 16, and defendants shall answer by April 16. THE COURT WILL HOLD AN IN-PERSON CONFERENCE WITH ALL PARTIES PARTICIPATING AT 2:00 PM ON APRIL 8, 2009. THE CONFERENCE PREVIOUSLY SET FOR FEBRUARY 5, 2009 IS CANCELED. COUNSEL CHOOSING TO APPEAR BY TELEPHONE MUST ARRANGE FOR A CALL-IN NUMBER AND ALERT THE COURT AT LEAST TWO DAYS IN ADVANCE. THE PARTIES SHALL SUBMIT A LETTER (OR LETTERS) IDENTIFYING THE ISSUES TO BE RAISED AT THE CONFERENCE BY APRIL 1, 2009. (Tape #FTR 10:11-11:41; 11:58-12:11.) (Vasquez, Lea)
November 18, 2008 Opinion or Order ORDER granting #165 Motion for Extension of Time to File Response/Reply. Although plaintiff has not explained the reason for its last-minute application, defendant Spanellis identifies no resulting prejudice, the additional time sought is minimal, and the overall progress of the case will not be delayed. Accordingly, plaintiff's application to file its reply by November 24 is granted, and defendant Spanellis may file a sur-reply by December 15. IN LIGHT OF THE ADJOURNED BRIEFING SCHEDULE, THE ORAL ARGUMENT ON THE MOTION TO HOLD SPANELLIS IN CONTEMPT, PREVIOUSLY SCHEDULE FOR DECEMBER 18, WILL BE HELD INSTEAD AT 3:00 PM ON JANUARY 6, 2009. Ordered by Chief Magistrate Steven M. Gold on 11/18/08. (Gold, Steven)
November 17, 2008 Filing 165 MOTION for Extension of Time to File Response/Reply by Johnson & Johnson, LifeScan, Inc.. (Sena, Ilyssa)
November 17, 2008 Opinion or Order Filing 164 ORDER TO ANSWER re #162 Stipulation filed by Medsource Direct. Defendants Medsource will answer or respond within 30 days of plaintiffs complaint. Ordered by Chief Magistrate Steven M. Gold on 11/13/2008. (Clarke, Melonie)
November 17, 2008 Filing 163 STIPULATION /Confidentiality Stipulation and Protective Order by Johnson & Johnson, LifeScan, Inc. (Sena, Ilyssa)
November 13, 2008 Opinion or Order Filing 162 STIPULATION and Order Between Plaintiffs, Johnson & Johnson and Lifescan, Inc. and Defendants, Medsource Pharmaceutical, LLC d/b/a Medsource Direct and Medsource-Direct, Inc. by Medsource Direct (Sprong, David)
November 12, 2008 Filing 161 Letter to suggest an agenda for the discovery conference by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
November 12, 2008 Filing 160 Letter in response to Stanley Goodman's November 7, 2008 letter to Your Honor by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
November 11, 2008 Filing 159 Letter in response to defendants Product Performance Company, Inc., Jerrold Herman, Stephen Herman, and Robert B. Botwinik's letter to Your Honor of November 4, 2008 by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
November 10, 2008 Filing 158 NOTICE of Appearance by David John Sprong on behalf of Medsource Direct (aty to be noticed) (Sprong, David)
November 10, 2008 Opinion or Order ORDER granting #157 Motion for Extension of Time to File Response/Reply. So Ordered by Chief Magistrate Judge Steven M. Gold on 11/10/2008. (Vasquez, Lea)
November 7, 2008 Filing 157 MOTION for Extension of Time to File Response/Reply to defendants Product Performance Company, Inc., Jerrold Herman, Stephen Herman, and Robert B. Botwinik letter to Your Honor of November 4, 2008. by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
November 7, 2008 Filing 156 Letter To Judge Steven M. Gold by South Pointe Wholesale, Inc. (Saperstein, Martin)
November 7, 2008 Filing 155 RESPONSE TO ORDER TO SHOW CAUSE by Corporate Advice & Management Services AG, John Cornillie (Perez-Gurri, Christopher)
November 5, 2008 Opinion or Order Filing 154 ORDER REFERRING MOTION: #150 MOTION for Protective Order filed by John Cornillie, Corporate Advice & Management Services AG (collectively, the "CAMS Defendants"). To the extent the CAMS defendants wish to supplement or amend their 10/29/08, letter in order to more fully state their positions or to attach relevant materials they may contact USMJ Gold to arrange a briefing schedule. The CAMS defendants' request for a pre-motion conference #124 relating to their proposed motion to dismiss for lack of personal jurisdiction is DENIED as premature, without prejudice; Ordered by Judge Sandra L. Townes on 11/4/2008. Motions referred to Steven M. Gold. (Clarke, Melonie)
November 4, 2008 Filing 153 Letter to Magistrate Gold Regarding Outstanding Discovery Issues by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Padian, Gerald)
November 3, 2008 Filing 152 MOTION for Protective Order and/or to request a pre-motion conference by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Exhibit A (part one), #2 Exhibit A (part two), #3 Exhibit Exhibits B-D) (Potter, Geoffrey)
October 30, 2008 Filing 151 STIPULATION that the time for defendants Timothy L. Farnes and Tyler W. Farnes to answer or otherwise respond to the complaint is extended to February 27, 2009 by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
October 30, 2008 Opinion or Order ORDER TO ANSWER re #151 The Stipulation filed by LifeScan, Inc., Johnson & Johnson Timothy L. Farnes extending time to answer due 2/27/2009 and Tyler William Farnes time to answer due 2/27/2009 is approved and hereby entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 10/30/2008. (Vasquez, Lea)
October 29, 2008 Filing 150 Letter To The Honorable Sandra L. Townes Requesting a Pre-Motion Conference with regards to a Motion for Protective Order by Corporate Advice & Management Services AG, John Cornillie (Geffin, Alan) Modified on 11/5/2008 reflect motion (Clarke, Melonie).
October 29, 2008 Filing 149 STIPULATION of Confidentiality and Proposed Protective Order by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick (Rank, Bradley)
October 6, 2008 Filing 148 Letter to Judge Townes responding to J&J Letter dated September 19, 2008 by Corporate Advice & Management Services AG, John Cornillie (Hermelee, Bruce)
October 6, 2008 Filing 147 NOTICE of Appearance by Edward V. Schwendemann on behalf of Dennis B. Smith (aty to be noticed) (Schwendemann, Edward)
October 6, 2008 Filing 146 NOTICE of Appearance by Edward V. Schwendemann on behalf of DBS Trading, Inc. (aty to be noticed) (Schwendemann, Edward)
October 3, 2008 Opinion or Order ORDER denying #144 Motion for Extension of Time to Complete Discovery. Having reviewed the letters submitted by defendant Spanellis and plaintiff Johnson & Johnson, the application to adjourn the Spanellis deposition is DENIED. Counsel for plaintiff has represented that plaintiff is in compliance with my ruling concerning production of documents, and that its document production will continue in a prompt manner and on a rolling basis. I see nothing in the letters and exhibits submitted by the parties that would leaad me to conclude otherwise. The argument made on page three of the Spanellis letter is directed to the merits of plaintiff's jurisdictional contentions, and is better addressed once jurisdictional discovery is complete and any motions based on a lack of jurisdiction are before the court. So Ordered by Chief Magistrate Steven M. Gold on 10/03/08. (Gold, Steven)
October 2, 2008 Filing 145 RESPONSE in Opposition re #144 MOTION for Extension of Time to Complete Discovery - Adjournment of the Deposition of Aristidis Spanellis filed by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Exhibit A-D) (Potter, Geoffrey)
October 2, 2008 Filing 144 MOTION for Extension of Time to Complete Discovery - Adjournment of the Deposition of Aristidis Spanellis by Aristidis Spanellis. (Attachments: #1 Exhibit Exhibits A, B and C) (Young, Alyssa)
October 2, 2008 Filing 143 CONFIDENTIALITY STIPULATION AND ORDER re #140 Stipulation filed by Product Performance Company, INC, Stephen Herman, Jerrold H. Hermann, Robert B Botwinick. Ordered by Chief Magistrate Steven M. Gold (undated). (Clarke, Melonie)
October 2, 2008 Filing 142 CONFIDENTIALITY STIPULATION AND ORDER re #139 Stipulation. Ordered by Chief Magistrate Steven M. Gold on 8/29/2008. (Clarke, Melonie)
October 1, 2008 Filing 141 NOTICE by Trayll Brands B.V., CHI Pharma B.V., Amroges B.V., CHI Capital B.V., Eric Adriaan Antonius Maria Stevens of Bankruptcy Orders (McAndrew, Sean)
September 29, 2008 Filing 140 STIPULATION of Confidentiality with MedSource Defendants and Proposed Order by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick (Padian, Gerald)
September 29, 2008 Filing 139 STIPULATION of Confidentiality with Arena Pharmaceutical and Proposed Order by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick (Padian, Gerald)
September 29, 2008 Filing 138 Transcript of Civil Cause for Conference held on 9/26/2008, before Judge Gold. Court Transcriber Typewrite Word Processing, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/20/2008. Redacted Transcript Deadline set for 10/30/2008. Release of Transcript Restriction set for 12/29/2008. (Toribio, Winnethka)
September 28, 2008 Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Discovery Hearing held on 9/26/2008. Potter et al for plaintiffs, Young for Spanellis, Hanchet for non-party Standard Bank, various other parties by telephone. Various discovery rulings on the record. THE CONFERENCE PREVIOUSLY SET FOR OCTOBER 10 WILL BE HELD INSTEAD AT 10:00 AM ON NOVEMBER 14. Counsel shall work together to ensure that any disputes to be addressed at that conference are fully briefed by November 7. (Tape #FTR 2:38-4:30.) (Vasquez, Lea)
September 26, 2008 Opinion or Order ORDER granting #127 Motion to Compel; granting in part and denying in part #128 Motion to Compel; granting in part and denying in part #129 Motion to Compel. See transcript of proceedings held on September 26, 2008 for details of rulings. Ordered by Chief Magistrate Steven M. Gold on 09/26/08. (Gold, Steven)
September 24, 2008 Filing 137 Letter Appear by Telephone at 9/26/08 Discovery Hearing by Sterling Distributors, Dean G. Berry. (Nicholson, Robert)
September 24, 2008 Opinion or Order ORDER granting #137 Motion to Appear by Telephone. The Court has received several phone calls concerning the agenda for the September 26th conference. The conference was scheduled in response to recent correspondence concerning discovery issues. Any party not currently involved in a discovery dispute may appear by telephone, provided that the parties confer and arrange a call-in number for the Court. If all parties confer and agree that no conference is necessary at this time, plaintiff shall immediately advise the Court by letter electronically filed. So Ordered. Ordered by Chief Magistrate Steven M. Gold on 9/24/2008. (O'Connor, Erin)
September 22, 2008 Opinion or Order ORDER granting in part and denying in part #135 Motion to Adjourn Conference. The court is not available on either of the dates requested in counsels' letters. The October 8th conference is re-scheduled to 2:30 p.m. on September 26, 2008. Additionally, the October 10th conference will proceed as previously scheduled to address the pending Order to show cause. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/22/2008. (Vasquez, Lea)
September 19, 2008 Filing 136 RESPONSE to Motion re #135 MOTION to Adjourn Conference from October 8th to Either the Afternoon of September 23rd or September 24th filed by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick. (Padian, Gerald)
September 19, 2008 Filing 135 MOTION to Adjourn Conference from October 8th to Either the Afternoon of September 23rd or September 24th by Johnson & Johnson, LifeScan, Inc.. (Yatrakis, Christos)
September 19, 2008 Filing 134 MOTION to Compel by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Exhibit A-I, #2 Exhibit J-P) (Potter, Geoffrey)
September 19, 2008 Opinion or Order Filing 133 FOURTH AMENDED STIPULATION and ORDER. Ordered by Judge Sandra L. Townes on 9/17/2008. Endorsed on ECF #126. (Clarke, Melonie)
September 19, 2008 Opinion or Order SCHEDULING ORDER: The Court will hold an in-person conference addressed to all outstanding discovery disputes at 11:00 a.m. on October 8th. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/19/2008. (Vasquez, Lea)
September 18, 2008 Filing 132 NOTICE of Appearance by Sean David McAndrew on behalf of Trayll Brands B.V., CHI Pharma B.V., Amroges B.V., CHI Capital B.V., Eric Adriaan Antonius Maria Stevens (aty to be noticed) (McAndrew, Sean)
September 18, 2008 Filing 131 Letter Response by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
September 18, 2008 Filing 130 Letter Response by Aristidis Spanellis (Young, Alyssa)
September 17, 2008 Filing 129 MOTION to Compel and Request for a Conference by Aristidis Spanellis. (Attachments: #1 Exhibit A, #2 Exhibit B) (Young, Alyssa)
September 17, 2008 Filing 128 MOTION to Compel and to Request a Conference by Johnson & Johnson, LifeScan, Inc.. (Potter, Geoffrey)
September 16, 2008 Filing 127 MOTION to Compel depositions by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Potter, Geoffrey)
September 16, 2008 Filing 126 STIPULATION re #35 Amended Complaint,,,, in which defendants Pharmacy Wholesales Services, Inc. and Douglas Rudderham to answer, move, or otherwise respond to the Fourth Amended Complaint to December 19, 2008. by Pharmacy Wholesale Services, Inc., Douglas Rudderham (DiBella, Dolores)
September 16, 2008 Opinion or Order SCHEDULING ORDER: The proposed discovery schedule #125 is adopted, with the exception that the Court will hold an in-person status conference on 2/5/2009 at 10:00 AM in Courtroom13D South. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/16/2008. (Vasquez, Lea)
September 16, 2008 Opinion or Order ORDER re #126 Stipulation, filed by Douglas Rudderham, Pharmacy Wholesale Services, Inc. The stipulation is approved and entered as an Order of the Court. So Ordered by Chief Magistrate Judge Steven M. Gold on 09/16/2008. (Vasquez, Lea)
September 15, 2008 Filing 125 Proposed Scheduling Order by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
September 11, 2008 Filing 124 Letter to Judge Gold requesting pre-motion conference regarding Motion to Dismiss Fourth Amended Complaint by Corporate Advice & Management Services AG, John Cornillie (Geffin, Alan)
September 11, 2008 Filing 123 NOTICE of Appearance by Bruce G. Hermelee on behalf of Corporate Advice & Management Services AG, John Cornillie (aty to be noticed) (Hermelee, Bruce)
September 11, 2008 Filing 122 NOTICE of Appearance by Christopher Perez-Gurri on behalf of Corporate Advice & Management Services AG, John Cornillie (aty to be noticed) (Perez-Gurri, Christopher)
September 11, 2008 Filing 121 NOTICE of Appearance by Alan G. Geffin on behalf of Corporate Advice & Management Services AG, John Cornillie (aty to be noticed) (Geffin, Alan)
September 8, 2008 Filing 120 So Ordered Confidentiality STIPULATION AND ORDER re #117 Stipulation filed by LifeScan, Inc., Johnson & Johnson. So Ordered by Chief Magistrate Judge Steven M. Gold on 9/8/2008. (Vasquez, Lea)
September 4, 2008 Filing 119 Letter dated 9/4/08 to Clerk of Court from the law office of Martini-Patlansky. (Clarke, Melonie)
September 3, 2008 Filing 118 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Gymtrade CC served on 8/14/2008, answer due 9/3/2008; Rowan Tree 1123 CC served on 8/14/2008, answer due 9/3/2008. (Sena, Ilyssa)
September 2, 2008 Minute Entry for proceedings held before Chief Magistrate Steven M. Gold:Status Conference held on 8/11/2008. Potter et al for plaintiff, Young and Faucher for defendants Spanellis and Gymtrade. Plaintiff's application to take jurisdictional discovery is, for the reasons stated on the record, granted. Defendants Spanellis and Gymtrade may serve interrogatories and document demands by August 18. Counsel shall meet and confer with respect to objections to demands by September 1, and serve responses to each other's demands by September 12. Spanellis and Gymtrade will be deposed in South Africa o October 13, 14 and 15. Plaintiff will reply to Spanellis' opposition to its contempt motion by November 14, and defendant will sur--reply by December 5. The time for defendants Spanellis and Gymtrade to answer or move with respect to the complaint, or to move to vacate the preliminary injunction issued in this case, is extended to December 5. Discovery provided by Spanellis and Gymtrade is limited to use in this litigation unless and until plaintiff obtains authority from a foreign tribunal for its use in proceedings before it. THE CONFERENCE PREVIOUSLY SET FOR SEPTEMBER 5 WILL BE HELD INSTEAD AT 11:30 AM ON OCTOBER 10. (Tape #2:02-2:53.) (O'Connor, Erin)
September 2, 2008 Opinion or Order ORDER: As noted in the prior docket entry, THE STATUS CONFERENCE & HEARING PREVIOUSLY SET FOR SEPTEMBER 5 WILL BE HELD INSTEAD AT 11:30 AM ON OCTOBER 10. If any party has an agenda that it intended to raise at the Sept. 5th conference that cannot wait until Oct. 10th, counsel shall promptly file a letter electronically, indicating the issue and requesting an earlier date. So Ordered. Ordered by Chief Magistrate Steven M. Gold on 9/2/2008. (O'Connor, Erin)
August 28, 2008 Filing 117 STIPULATION /Confidentiality Stipulation and Order by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
August 27, 2008 Filing 113 STIPULATION in which defendants Pharmacy Wholesales Services, Inc. and Douglas Rudderham to answer, move, or otherwise respond to the Fourth Amended Complaint to September 19, 2008 by Pharmacy Wholesale Services, Inc., Douglas Rudderham (DiBella, Dolores)
August 27, 2008 Opinion or Order ORDER TO ANSWER, move, or otherwise respond re #113 Stipulation, filed by Douglas Rudderham, Pharmacy Wholesale Services, Inc. Pharmacy Wholesale Services, Inc. answer due 9/19/2008; Douglas Rudderham answer due 9/19/2008. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/27/2008. (Vasquez, Lea)
August 26, 2008 Filing 112 APPROVED STIPULATION AND ORDER re #101 Stipulation filed by LifeScan, Inc., Johnson & Johnson, Medsource Direct. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/26/2008. (Vasquez, Lea)
August 25, 2008 Filing 111 FILING FEE: $ 25, receipt number 356689 (Fernandez, Erica)
August 25, 2008 Opinion or Order Filing 110 ORDER granting #109 Motion for Leave to Appear Pro Hac Vice for Christopher Perez-Gurri, Esq.. Ordered by Chief Magistrate Steven M. Gold on 8/22/08. Receipt #356689 attached. (Fernandez, Erica)
August 25, 2008 Filing 109 MOTION for Leave to Appear Pro Hac Vice for Christopher Perez-Gurri, Esq. Filing fee $ 25. by Corporate Advice & Management Services AG, John Cornillie. (Fernandez, Erica)
August 25, 2008 Filing 107 FILING FEE: $ 25, receipt number 356688 (Fernandez, Erica)
August 25, 2008 Opinion or Order Filing 106 ORDER granting #105 Motion for Leave to Appear Pro Hac Vice for Alan G. Geffin, Esq. Ordered by Chief Magistrate Steven M. Gold on 8/22/08. Receipt #356688 attached (Fernandez, Erica)
August 25, 2008 Filing 105 MOTION for Leave to Appear Pro Hac Vice for Alan G. Geffin, Esq Filing fee $ 25. by Corporate Advice & Management Services AG, John Cornillie. (Fernandez, Erica)
August 21, 2008 Filing 102 NOTICE of Appearance by Howard Matthew Raber on behalf of Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick (aty to be noticed) (Raber, Howard)
August 20, 2008 Filing 101 STIPULATION /Confidentiality Stipulation and Order by Johnson & Johnson, LifeScan, Inc., Medsource Direct (Potter, Geoffrey)
August 20, 2008 Opinion or Order Filing 99 ORDER: regarding defendant Dean G. Berry's Statement of Material Facts. Application DENIED. Denial is without prejudice to request again at the conclusion of jurisdictional discovery. Ordered by Judge Sandra L. Townes on 8/18/2008. (Clarke, Melonie)
August 18, 2008 Filing 92 Transcript of Proceedings held on 8/11/2008, before Judge Gold. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/8/2008. Redacted Transcript Deadline set for 9/18/2008. Release of Transcript Restriction set for 11/17/2008. (Sanders, Melanie)
August 14, 2008 Opinion or Order Filing 84 ORDER TO ANSWER Pharmacy Wholesale Services, Inc. answer due 8/29/2008; Douglas Rudderham answer due 8/29/2008: So Ordered Stipulation extending defendants Pharmacy Wholesale Services, Inc. and Douglas Rudderham time to answer, move, or otherwise respond to the Fourth Amended Complaint to 8/29/08 by Chief Magistrate Judge Steven M. Gold on 8/14/2008. (Vasquez, Lea)
August 14, 2008 Filing 83 STIPULATION in which defendants Pharmacy Wholesale Services, Inc. and Douglas Rudderham time to answer, move, or otherwise respond to the Fourth Amended Complaint to 8/29/08. by Pharmacy Wholesale Services, Inc., Douglas Rudderham (O'Rourke, Brendan)
August 13, 2008 Filing 82 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. (Sena, Ilyssa)
August 13, 2008 Filing 81 SUMMONS Returned Executed by Aristidis Spanellis. Aristidis Spanellis served on 7/28/2008, answer due 8/18/2008. (Potter, Geoffrey)
August 13, 2008 Filing 80 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Coenraad Hendrik Swart served on 8/8/2008, answer due 8/28/2008. (Potter, Geoffrey)
August 12, 2008 Filing 71 FILING FEE: $ 25, receipt number 355820- Pro Hac Vice Motion- Attorney Bruce G.Hermelee (Clarke, Melonie)
August 12, 2008 Opinion or Order Filing 70 ORDER granting #69 Motion for Leave to Appear Pro Hac Vice. Ordered by Chief Magistrate Steven M. Gold. (Clarke, Melonie)
August 12, 2008 Filing 69 MOTION for Leave to Appear Pro Hac Vice Bruce G. Hermelee Filing fee $ 25. by South Pointe Wholesale, Inc.. (Attachments: #1 Receipt #355820) (Clarke, Melonie)
August 11, 2008 Filing 68 SUMMONS Returned Executed by Johnson & Johnson, LifeScan, Inc.. Elizabeth M. Venter served on 8/6/2008, answer due 8/26/2008. (Potter, Geoffrey)
August 7, 2008 Opinion or Order ORDER: By letter dated August 6, 2008, defendant Aristidis Spanellis seeks a conference to address plaintiff's demand for jurisdictional discovery. As plaintiff proposes in its responsive letter dated August 6, the conference will be held on August 11, 2008 at 2:00 p.m. (I am no longer available at the earlier time on August 11 previously scheduled for a hearing on plaintiff's contempt motion.). Ordered by Chief Magistrate Steven M. Gold on 08/07/08. (Gold, Steven)
August 7, 2008 Opinion or Order ORDER: Only counsel for plaintiff and defendant Spanellis are required to appear on August 11 for the conference scheduled in my immediately prior order. Ordered by Chief Magistrate Steven M. Gold on 08/07/08. (Gold, Steven)
August 6, 2008 Filing 67 Letter from Geoffrey Potter to The Honorable Steven M. Gold in re: Show Cause hearing to be held on August 11, 2008 by Johnson & Johnson, LifeScan, Inc. (Potter, Geoffrey)
August 6, 2008 Filing 66 NOTICE of Appearance by Bradley M. Rank on behalf of Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick (aty to be noticed) (Rank, Bradley)
August 6, 2008 Filing 65 NOTICE of Appearance by Steven Skulnik on behalf of Michael Maguire, Eric Chirinsky (aty to be noticed) (Skulnik, Steven)
August 5, 2008 Filing 64 Transcript of Proceedings held on July 9, 2008, before Judge Gold. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2008. Redacted Transcript Deadline set for 9/5/2008. Release of Transcript Restriction set for 11/3/2008. (Hong, Loan)
August 5, 2008 Filing 63 First MOTION to Adjourn Conference scheduled for August 11, 2008 by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick. (Vasquez, Lea)
August 5, 2008 Opinion or Order ORDER granting #63 Motion to Adjourn August 11th Conference. The in-person conference will instead be held at 10:00 a.m. on September 5, 2008. So Ordered by Chief Magistrate Judge Steven M. Gold on 8/5/2008. (Vasquez, Lea)
August 4, 2008 Opinion or Order Filing 94 ORDER TO ANSWER: Stipulation extending defts. Corporate Advice & Mgmt Services AG and John Cornillie to answer/respond to Complaint by 10/31/08. Ordered by Chief Magistrate Steven M. Gold on 8/4/2008. (Clarke, Melonie)
August 4, 2008 Opinion or Order Filing 93 ORDER TO ANSWER: Stipulation extending "Farnes defendants" time to answer/respond to complaint by 10/31/2008. Ordered by Chief Magistrate Steven M. Gold on 8/4/2008. (Clarke, Melonie)
August 1, 2008 Filing 172 Letter dated 8/1/08 by Plaintiffs re : Deft. Aristidis Spanellis' response to J&J's motion for civil contempt. Exhibits A-H filed in hard copy. (Clarke, Melonie)
July 29, 2008 Filing 62 AMENDED STIPULATION, dft's will answer or respond to the Fourth Amended Complaint on or before 8/15/08. (Ordered by Chief Magistrate Steven M. Gold on 7/25/08) (Piper, Francine)
July 28, 2008 Filing 61 CERTIFICATE OF FOREIGN SERVICE via Fedex on 7/28/08 upon Coenraad Hendrik Swart of the Fourth Amended Summons and Complaint and Order To Show Cause for A Temporary Restraining Order and Preliminary Injunction. Package Tracking # 851557716380. (Piper, Francine)
July 28, 2008 Filing 60 CERTIFICATE OF FOREIGN SERVICE via Fedex on 7/28/08 upon Aristidis Spanellis of the Fourth Amended Summons and Complaint and Order To Show Cause for A Temporary Restraining Order and Preliminary Injunction. Package Tracking # 851557716390. (Piper, Francine)
July 24, 2008 Filing 116 REPLY in Opposition re #115 Answer to Amended Complaint, Crossclaim, Counterclaim filed by Johnson & Johnson, LifeScan, Inc. (previously sealed) (Clarke, Melonie)
July 24, 2008 Filing 108 AFFIDAVIT of S. Alyssa Young, Esq. in Opposition re #53 Order to Show Cause/ Motion for Civil Contempt by Aristidis Spanellis. (previously sealed) (Clarke, Melonie) exhibits filed in hardy copy.
July 24, 2008 Filing 104 MEMORANDUM in Opposition re #53 Order to Show Cause/ Motion for Civil Contempt filed by Aristidis Spanellis. (previously sealed) (Clarke, Melonie)
July 24, 2008 Filing 100 DECLARATION by Aristidis Spanellis. Exhibits filed in hard copy (previously sealed) (Clarke, Melonie) Modified
July 24, 2008 Opinion or Order Filing 59 ORDER, application requesting an additional week within which to review materials is granted. (Ordered by Chief Magistrate Steven M. Gold on 7/23/08) (Piper, Francine)
July 22, 2008 Filing 58 letter from Ms. DiBella with attachments. (Attachments: #1 Stipulation & Order re Pharmacy Wholesale and Rudderham defendants, #2 Notice of Appearance of Mr. O'Rourke, #3 Notice of Appearance of Ms. DiBella, #4 Certificate of Service) (Vaughn, Terry)
July 22, 2008 Filing 57 Confidentiality Stipulation and ORDER signed by Chief Magistrate Steven M. Gold on 7/10/08. (Vaughn, Terry)
July 22, 2008 Opinion or Order Filing 56 Stipulation and ORDER signed by Chief Magistrate Steven M. Gold on 7/10/08. (Vaughn, Terry)
July 22, 2008 Opinion or Order Filing 55 ORDER signed by Chief Magistrate Steven M. Gold on 7/10/08. (Vaughn, Terry)
July 21, 2008 Filing 90 Letters dated 7/2008 re: Service abroad of judicial documents. (previously sealed) (Clarke, Melonie)
July 16, 2008 Filing 91 REQUEST FOR WAIVER of Service of Summons sent to Plaintiffs' Counsel by John Cornillie. (previously sealed) (Clarke, Melonie)
July 10, 2008 Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Status Conference held on 7/9/2008. Potter, et al for plaintiffs Young and Spanellis, Hanchet for Standard Bank. Plaintiff's motion to enforce the subpoena issued to Standard Bank and, more specifically to direct Spanellis to take certain actions in court proceedings in South Africa, is denied for reasons stated on the record. Standard Bank is directed to maintain custody of the documents responsive to the subpoena so that they may be produced at a later point in time. (Tape #FTR 3:19-3:44.) (Vasquez, Lea)
July 8, 2008 Opinion or Order Filing 54 CONSENT JUDGMENT AND PERMANENT INJUNCTION in favor of Johnson & Johnson, LifeScan, Inc. against Healthsource Distributors LLC, Jerry L. Wolasky. HealthSource Dfts shall pay to the pltffs $600,000. (Ordered by Judge Sandra L. Townes on 7/3/08) (Piper, Francine) Modified on 9/22/2015 (Barrett, C).
July 7, 2008 Opinion or Order ORDER: The court has received by fax transmission a letter dated July 7, 2008, on the letterhead of the law offices of Barry M. Boren, together with an affidavit of defendant Dennis Cantor, individually and as president of defendant Novex International Inc. The letter and affidavit indicate that these defendants do not object to the application of Mr. McGuire and the law firm of Sheppard Mullin to be relieved as their counsel, and that plaintiffs have agreed to provide these defendants 45 days to retain new counsel. Accordingly, the motion of Mr. McGuire and the law firm of Sheppard Mullin to be relieved as counsel for these defendants is GRANTED. The defendants shall appear through new counsel by August 22, 2008. Counsel for plaintiffs shall promptly advise the court if new counsel has not appeared by that date. Ordered by Chief Magistrate Steven M. Gold on 07/07/08. (Gold, Steven)
July 3, 2008 Filing 98 Letter dated 7/3/08 to Judge Townes from Plaintiffs in opposition to the letter #87 dated 5/20/08 requesting a pre-motion conference. (Attachments: #1 Proposed Order) (Clarke, Melonie) previously sealed.
July 1, 2008 Filing 115 ANSWER, DEFENSES, AFFIRMATIVE DEFENSES, COUNTERCLAIMS AND CROSS-CLAIMS to #35 Amended Complaint by Sterling Distributors. (previously sealed) (Clarke, Melonie)
July 1, 2008 Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Telephone Conference held on 6/30/2008. Potter for plaintiffs, McGuire for defendants Dennis Cantor and Novex America, Inc. Defendants will submit a status report with respect to their representation by July 8th. If Mr. McGuire presses his firm's motion to be relieved, he shall supplement the motion by a submission stating that Mr. Cantor understands that a corporation may not proceed without counsel and that a default judgment will be entered against Novex America, Inc. if it does not retain new counsel, and stating whether Mr. Cantor and/or Novex seek time to retain counsel and, if not, whether Mr. Cantor will represent himself or consent to entry of a default judgment. If new counsel will be appearing, a substitution of counsel form should be filed, or an explanation of why such a form is not being filed should be submitted. (Vasquez, Lea)
June 30, 2008 Opinion or Order ORDER: By letter dated June 25, 2008 (not filed electronically), all parties agree to an extension of the schedule for briefing plaintiff's motion for contempt against defendant Aristidis Spanellis and an adjournment of the hearing date. Accordingly, the extended briefing schedule is approved and the show cause hearing previously scheduled for July 2, 2008 is adjourned to 10:30 a.m. on August 11, 2008. Plaintiffs' counsel is directed to confirm with counsel for Spanellis that she is aware of the extension and the new date and time for the hearing. In addition, in the same letter, the parties also consent to unseal the case. Accordingly, the clerk of the court is directed to unseal this case. So ordered. Ordered by Chief Magistrate Steven M. Gold on 6/30/2008. (O'Connor, Erin)
June 30, 2008 AMENDED ORDER: The prior Order is amended with respect to unsealing the case as not all defendants have had an opportunity to be heard. Accordingly, in addition to the show cause hearing, a status conference will be held at 10:30 a.m. on August 11, 2008 at which the issue of lifting the seal will be addressed. Any party who objects to the unsealing shall be present and prepared to explain their objection to the unsealing. Plaintiff's counsel is directed to confirm with all counsel that they are aware of the conference date and time. So ordered. Ordered by Chief Magistrate Steven M. Gold on 6/30/2008. (O'Connor, Erin)
June 11, 2008 Filing 103 MEMORANDUM in Support re #53 Order to Show Cause/ Motion for an Order of Civil Contempt against Aristidis Spanellis filed by Johnson & Johnson, LifeScan, Inc. (previously sealed) (Clarke, Melonie)
June 11, 2008 Opinion or Order Filing 53 ORDER TO SHOW CAUSE SIGNED AND Show Cause Hearing set for 7/2/2008 at 10:00 AM in Courtroom 13-D South before Chief Magistrate Judge Steven M. Gold. Show Cause Response due by 6/27/2008. Show Cause Response due by 6/20/2008; reply due by 6/ 27/2008. So Ordered by Chief Magistrate Judge Steven M. Gold on 6/11/2008. (Vasquez, Lea)
June 5, 2008 Opinion or Order Filing 52 STIPULATION by and between the undersigned counsel for Plaintiffs Johnson & Johnson and LifeScan, Inc., (together, Plaintiffs), and counsel for defendants Sterling Distributors and Dean Berry (collectively, the Sterling Defendants),AND ORDER. Ordered by Judge Sandra L. Townes on 6/4/2008. (Marziliano, August)
June 5, 2008 Filing 51 Letter dated 6/4/2008 from Christos Yatrakis to Judge Townes enclosing a copy of a proposed Stipulation and Order. (Marziliano, August)
June 4, 2008 Filing 97 STIPULATION by Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick. (Clarke, Melonie)(previosuly sealed)
June 3, 2008 Filing 114 Answer, Affirmative Defenses, Crossclaim by A&M Marketing, Richard C. Lapinski. (previously sealed) (Clarke, Melonie) Modified reflect file date
June 3, 2008 Minute Entry for proceedings held before Chief Magistrate Judge Steven M. Gold:Telephone Conference held on 6/2/2008. Potter et al for plaintiffs, Nicholson (by telephone) for Sterling defendants.Various discovery rulings on the record. Defendants will provide documents ordered to be produced no later than noon on Thursday, June 5th, and Mr. Berry will be deposed in Florida beginning 4 pm on Thursday, June 5th. Counsel will contact my chambers to schedule a case management conference after the preliminary injunction hearing is resolved. Counsel for Sterling defendants shall reconsider its application that this action remain sealed as discussed on the record today. (Tape #FTR 12:35-1:18.) (Vasquez, Lea)
May 30, 2008 Filing 50 FILING FEE: $ 75.00, receipt number 352149- Pro Hac Vice Motion - Law Firm of Squire, Sanders & Dempsey. (Piper, Francine)
May 30, 2008 Filing 49 FILING FEE: $ 25.00, receipt number 353090 - Pro Hac Vice Motion - Attorney, Robert Nicholson. (Piper, Francine)
May 30, 2008 Opinion or Order Filing 48 ORDER granting #47 Robert N. Nicholson Motion for Leave to Appear Pro Hac Vice (Ordered by Chief Magistrate Steven M. Gold, not dated) (Piper, Francine)
May 30, 2008 Filing 47 MOTION for Leave to Appear Pro Hac Vice by Atttorney - Robert N. Nicholson by Sterling Distributors, Dean G. Berry. (Piper, Francine)
May 29, 2008 Opinion or Order Filing 46 ORDER granting #45 Motion for Leave to Appear Pro Hac Vice by Cristina Rodriguez. ( Ordered by Chief Magistrate Steven M. Gold, not dated) (Piper, Francine)
May 29, 2008 Opinion or Order Filing 44 ORDER granting #43 Motion for Leave to Appear Pro Hac Vice by Jason Joffe. (Ordered by Chief Magistrate Steven M. Gold, not dated) (Piper, Francine)
May 28, 2008 Filing 89 Letter dated 5/28/08 to Judge Townes from Geoffrey Potter, Esq. in opposition to the 5/27/08 letters #73 Mr. Padian, Esq. requesting permission for their clients to conduct expedited discovery. (previously sealed) (Clarke, Melonie)
May 28, 2008 Filing 88 Letter dated 5/27/2008 to Judge Townes from defense counsel Martin Saperstein. (previously sealed) (Clarke, Melonie)
May 28, 2008 Filing 73 Letter dated 5/27/08 to Judge Townes from defense counsel Gerald Padian in response to 5/22 letter from plaintiff's counsel Geoffrey Potter. (Attachments: #1 Exhibits)(previously sealed) (Clarke, Melonie)
May 27, 2008 Filing 87 Letter dated 5/20/2008 to Judge Townes from Counsel for defendants Sterling Distributor and Dean G Berry requesting a pre-motion conference. (previously sealed) (Clarke, Melonie)
May 23, 2008 Opinion or Order Filing 79 ORDER granting #77 Unopposed Emergency Motion. The Expedited Discovery Order dated 4/2/2008 is hereby modified to order Plaintiffs to respond to Defendants' requests to produce documents and interrogatories within three calendar days after service of such requests. Ordered by Judge Sandra L. Townes on 5/23/2008. (endorsed on doc.78) previously sealed. (Clarke, Melonie)
May 23, 2008 Opinion or Order Filing 76 ORDER: Counsel for plaintiffs are to provide to requesting defendants (Healthsource Distributors, LLC and Jerry Wolaski) copies of all papers filed in this action. Ordered by Judge Sandra L. Townes on 5/23/2008. (previously sealed) (Clarke, Melonie)
May 22, 2008 Filing 78 Letter dated 5/22/08 to Judge Townes from Geoffrey Potter, Esq. regarding defendants' motion #77 (Attachments: #1 Proposed Order) (Clarke, Melonie)
May 22, 2008 Opinion or Order Filing 75 STIPULATION AND ORDER as to defendants National Distribution. Ordered by Judge Sandra L. Townes on 5/22/2008. (previously sealed) (Clarke, Melonie)
May 22, 2008 Opinion or Order Filing 42 ORDER granting #41 Motion for Leave to Appear Pro Hac Vice by Lewis F. Murphy. Ordered by Chief Magistrate Steven M. Gold on 4/29/2008. (Lee, Tiffeny)
May 22, 2008 Filing 41 MOTION for Leave to Appear Pro Hac Vice as to Lewis F. Murphy, Esq. by MC Distributors LLC, American Diabetes Wholesale, LLC. (Lee, Tiffeny)
May 22, 2008 Filing 40 RESPONSE TO ORDER TO SHOW CAUSE by WAMU. (Lee, Tiffeny)
May 22, 2008 Filing 39 RESPONSE TO ORDER TO SHOW CAUSE by VakifBank, T.Vakiflar Bankasi T.A.O., New York Branch. (Lee, Tiffeny)
May 22, 2008 Filing 37 Process Receipt and Return - Seizure Order executed upon Rafael Cuiquijo, Freedom Experts on 4/23/08. (Piper, Francine)
May 21, 2008 Filing 77 MOTION for Discovery Unopposed Emergency to Modify Expedited Discovery Order by Sterling Distributors, Dean G. Berry. (Clarke, Melonie)
May 19, 2008 Filing 72 Proposed Stipulation and Order by Johnson & Johnson, LifeScan, Inc. Document previously sealed. (Abdallah, Fida)
May 19, 2008 Filing 38 RESPONSE TO ORDER TO SHOW CAUSE by Key Bank. (Lee, Tiffeny)
May 19, 2008 Filing 35 AMENDED COMPLAINT FOURTH against Kevin Phillips, Sterling Distributors, Dean G. Berry, Pharmacy Wholesale Services, Inc., Douglas Rudderham, Trayll Brands B.V., CHI Pharma B.V., Amroges B.V., CHI Capital B.V., Eric Adriaan Antonius Maria Stevens, Corporate Advice & Management Services AG, John Cornillie, National Distribution Corporation, Carlos Hernandez, Evan Blatt, Wayne Heiferman, Care Desk Corporation, Michael Maguire, Healthsource Distributors LLC, Jerry L. Wolaski, Quality King Distributors, Inc., QK Healthcare Inc., Rowan Tree 1123 CC, Elizabeth M. Venter, Reuben C. Mahlagare, John Does 1-10, Purity Wholesale Grocers, Inc., Jeffrey A. Levitetz, South Pointe Wholesale, Inc., Jarrod Shirley, Novex America, Dennis Cantor, Eutre Shirley, MC Distributors LLC, Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Robert B Botwinick, Medsource Direct, Timothy L. Farnes, American Diabetes Wholesale, LLC, Tyler William Farnes, Freedom Exports, Rafael Curquejo, Med-Health Direct, INC, Christopher Hattenbach, A&M Marketing, Richard C. Lapinski, DBS Trading, Inc., Dennis B. Smith, Newport Trading, Inc., Eric Chirinsky, filed by Johnson & Johnson, LifeScan, Inc.. (Greene, Donna)
May 13, 2008 Opinion or Order Filing 34 STIPULATION AND ORDER, the time for dfts Healthsource Distributors and Jerry Wolaski to answer the First Amended Complaint is extended to 6/27/08. (Ordered by Chief Magistrate Steven M. Gold on 5/9/08) (Piper, Francine)
May 8, 2008 Opinion or Order Filing 96 STIPULATION AND ORDER as to defts. Med-Health Direct, Inc. and Christopher Hattenbach (collectively the Med-Health Direct Defendants). Ordered by Judge Sandra L. Townes on 5/8/2008. previously sealed. (Clarke, Melonie)
May 8, 2008 Opinion or Order Filing 95 STIPULATION AND ORDER as to defts. A & M Marketing d/b/a Five Mountain Medical Supply and Richard C. Lapinski (collectively, the A & M Defendants). Ordered by Judge Sandra L. Townes on 5/8/2008. previously sealed. (Clarke, Melonie)
May 8, 2008 Filing 85 BOND in the amount of $ $100,000.00 posted by Johnson & Johnson. (previously sealed) (Clarke, Melonie)
May 7, 2008 Opinion or Order Filing 74 STIPULATION AND ORDER as to defendants Freedom Exports. Ordered by Judge Sandra L. Townes on 5/7/2008. (previously sealed) (Clarke, Melonie)
April 28, 2008 Filing 45 MOTION for Leave to Appear Pro Hac Vice by Attorney - Cristina B. Rodriguez by MC Distributors LLC, American Diabetes Wholesale, LLC. (Piper, Francine)
April 28, 2008 Filing 43 MOTION for Leave to Appear Pro Hac Vice by Atttorney - Jason Joffe by MC Distributors LLC, American Diabetes Wholesale, LLC. (Piper, Francine)
April 28, 2008 Filing 33 ANSWER to First #8 Amended Complaint by MC Distributors LLC. (Lee, Tiffeny)
April 28, 2008 Filing 32 ANSWER to First #8 Amended Complaint by Michael Maguire. (Lee, Tiffeny)
April 28, 2008 Filing 31 ANSWER to First #8 Amended Complaint by Eric Chirinsky. (Lee, Tiffeny)
April 28, 2008 Filing 30 ANSWER to First #8 Amended Complaint by American Diabetes Wholesale, LLC. (Lee, Tiffeny)
April 25, 2008 Filing 36 NOTICE of Appearance by Vincent Filardo, Jr, James J. McGuire on behalf of Novex America, Dennis Cantor. (aty to be noticed) (Lee, Tiffeny)
April 22, 2008 Filing 86 BOND in the amount of $ $100,000.00 posted by Johnson & Johnson, LifeScan, Inc. (Clarke, Melonie) (previously sealed)
April 18, 2008 Filing 24 Unsigned Seizure Order (Marziliano, August)
April 18, 2008 Filing 23 Unsigned Order to Show Cause by Johnson & Johnson, LifeScan, Inc. (Marziliano, August)
April 18, 2008 Filing 22 AMENDED COMPLAINT Third against Robert B Botwinick, Medsource Direct, Timothy L. Farnes, Tyler William Farnes, Freedom Exports, Rafael Curquejo, Med-Health Direct, INC, Christopher Hattenbach, A&M Marketing, Richard C. Lapinski, DBS Trading, Inc., Dennis B. Smith, Newport Trading, Inc., Evan Blatt, Wayne Heiferman, Care Desk Corporation, Michael Maguire, Healthsource Distributors LLC, Jerry L. Wolaski, Quality King Distributors, Inc., QK Healthcare Inc., Rowan Tree 1123 CC, Elizabeth M. Venter, Reuben C. Mahlagare, John Does 1-10, Purity Wholesale Grocers, Inc., Jeffrey A. Levitetz, South Pointe Wholesale, Inc., Jarrod Shirley, Novex America, Dennis Cantor, Eutre Shirley, MC Distributors LLC, Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, American Diabetes Wholesale, LLC, Eric Chirinsky, filed by Johnson & Johnson, LifeScan, Inc.. (Marziliano, August)
April 18, 2008 Filing 20 AMENDED COMPLAINT Second against Product Performance Company, INC, Jerrold H. Hermann, Stephen Herman, Michael Maguire, Healthsource Distributors LLC, Jerry L. Wolaski, Quality King Distributors, Inc., QK Healthcare Inc., Rowan Tree 1123 CC, Elizabeth M. Venter, Reuben C. Mahlagare, John Does 1-10, Purity Wholesale Grocers, Inc., Jeffrey A. Levitetz, South Pointe Wholesale, Inc., Jarrod Shirley, Novex America, Dennis Cantor, Eutre Shirley, MC Distributors LLC, American Diabetes Wholesale, LLC, Eric Chirinsky, filed by Johnson & Johnson, LifeScan, Inc.. (Marziliano, August)
April 17, 2008 Filing 15 STIPULATION by Novex America, Dennis Cantor, Johnson & Johnson, LifeScan, Inc. (Marziliano, August)
April 14, 2008 Filing 7 NOTICE of Appearance by Richard Avery Finkel on behalf of Healthsource Distributors LLC, Jerry L. Wolaski (aty to be noticed) (Marziliano, August)
April 11, 2008 Filing 16 BOND in the amount of $ $100,000.00 posted by Johnson & Johnson, LifeScan, Inc. (Marziliano, August)
April 11, 2008 Filing 11 STIPULATION by Healthsource Distributors LLC, Jerry L. Wolaski, Johnson & Johnson, LifeScan, Inc. (Marziliano, August)
April 10, 2008 Filing 21 Unsigned Seizure Order (Marziliano, August)
April 10, 2008 Opinion or Order Filing 19 ORDER TO SHOW CAUSE Show Cause Hearing set for 5/2/2008 10:00 AM before Judge Sandra L. Townes. Show Cause Response due by 5/1/2008.. Ordered by Judge Sandra L. Townes on 4/10/2008. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4) (Marziliano, August)
April 10, 2008 Filing 14 STIPULATION by Johnson & Johnson, Purity Wholesale Grocers, Inc., Jeffrey A. Levitetz, LifeScan, Inc. (Marziliano, August)
April 10, 2008 Filing 13 STIPULATION by Michael Maguire, Johnson & Johnson, LifeScan, Inc., MC Distributors LLC, American Diabetes Wholesale, LLC, Eric Chirinsky (Marziliano, August)
April 10, 2008 Filing 12 STIPULATION by Johnson & Johnson, LifeScan, Inc., South Pointe Wholesale, Inc., Jarrod Shirley, Eutre Shirley (Marziliano, August)
April 7, 2008 Filing 17 BOND in the amount of $ $50,000.00 posted by Johnson & Johnson, LifeScan, Inc. (Marziliano, August)
April 4, 2008 Filing 18 BOND in the amount of $ $200,000.00 posted by Johnson & Johnson, LifeScan, Inc. (Marziliano, August)
April 4, 2008 Filing 6 SEALED ENVELOPE containing First Amended Complaint, Seizure Order and Order To Show Cause. Submitted by Geoffrey Potter. (Vaughn, Terry) Modified on 4/29/2008 as per chambers, the documents in this envelope have been open and re docketed as entries 8, 9 and 10(Marziliano, August).
April 3, 2008 Opinion or Order Filing 10 ORDER TO SHOW CAUSE Show Cause Hearing set for 4/24/2008 10:00 AM before Judge Sandra L. Townes. Show Cause Response due by 4/24/2008.. Ordered by Judge Sandra L. Townes on 4/4/2008. (Marziliano, August)
April 3, 2008 Opinion or Order Filing 9 SEIZURE ORDER. Ordered by Judge Sandra L. Townes on 4/4/2008. (Marziliano, August) (Clarke, Melonie).
April 3, 2008 Filing 8 AMENDED COMPLAINT against all defendants, filed by Johnson & Johnson, LifeScan, Inc.. (Marziliano, August)
April 2, 2008 Opinion or Order Filing 29 EXPEDITED DISCOVERY ORDER. Document initially docketed as part of document 5. Ordered by Judge Sandra L. Townes on 4/2/2008. (Lee, Tiffeny)
April 2, 2008 Opinion or Order Filing 28 SEIZRE ORDER for Arrest of Property, Document initially docketed as part of entry #5. Ordered by Judge Sandra L. Townes on 4/2/2008. (Lee, Tiffeny)
April 2, 2008 Opinion or Order Filing 27 SO ORDERED Request for International Judicial Assistance. Document initially docketed as part of entry #5. Ordered by Judge Sandra L. Townes on 4/2/2008. (Lee, Tiffeny)
April 2, 2008 Filing 26 MEMORANDUM in Support of Plaintiffs' Order to Show Cause for Temporary Restraining Order, Document initially docketed as part of entry #5. (file stamped 3/31/2008) (Lee, Tiffeny)
April 2, 2008 Opinion or Order Filing 25 ORDER TO SHOW CAUSE. Show Cause Hearing set for 4/24/2008, 10:00 a.m. before Judge Sandra L. Townes. Show Cause Response due by 4/10/2008; Reply due by 4/17/2008. Document initially docketed as part of entry #5. Ordered by Judge Sandra L. Townes on 4/2/2008. (Attachments: #1 Pages 101-200, #2 Pages 201-340) (Lee, Tiffeny)
April 2, 2008 Filing 5 FOLDER containing discovery order, seizure order, request for judicial assistance, order to show cause and memo of law in support. Submitted by Geoffrey Potter. (Vaughn, Terry) Modified on 8/13/2008 (Clarke, Melonie) Please note: The documents contained in this folder have separate entries. ECF doc.#25-29.
March 31, 2008 Filing 4 Notice of Report on the filing of an action regarding a Patent, Trademark or Copyright Infringement. (Bowens, Priscilla)
March 31, 2008 Filing 3 Notice of Related Case Assignment/Designation (Bowens, Priscilla)
March 31, 2008 Filing 2 DISCLOSURE of Interested Parties by Johnson & Johnson, LifeScan, Inc.. (Bowens, Priscilla)
March 31, 2008 Filing 1 COMPLAINT against Michael Maguire, Healthsource Distributors LLC, Jerry L. Wolaski, Quality King Distributors, Inc., QK Healthcare Inc., Rowan Tree 1123 CC, Elizabeth M. Venter, Reuben C. Mahlagare, John Does 1-10, South Pointe Wholesale, Inc., Jarrod Shirley, Eutre Shirley, MC Distributors LLC, American Diabetes Wholesale, LLC, Eric Chirinsky $ 350, filed by Johnson & Johnson, LifeScan, Inc.. (Attachments: #1 Civil Cover Sheet, #2 appear) (Bowens, Priscilla)
March 31, 2008 Summons Issued as to Michael Maguire, Healthsource Distributors LLC, Jerry L. Wolaski, Quality King Distributors, Inc., QK Healthcare Inc., Rowan Tree 1123 CC, Elizabeth M. Venter, Reuben C. Mahlagare, John Does 1-10, South Pointe Wholesale, Inc., Jarrod Shirley, Eutre Shirley, MC Distributors LLC, American Diabetes Wholesale, LLC, Eric Chirinsky. (Bowens, Priscilla)

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Search for this case: Johnson & Johnson et al v. South Pointe Wholesale, Inc. et al
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Defendant: Purity Wholesale Grocers, Inc.
Represented By: Martin I. Saperstein
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Defendant: Eric Adriaan Antonius Maria Stevens
Represented By: James Gerard McCarney
Represented By: Sean David McAndrew
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Defendant: South Pointe Wholesale, Inc.
Represented By: Martin I. Saperstein
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Defendant: Jarrod Shirley
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Defendant: Eutre Shirley
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Defendant: MC Distributors LLC
Represented By: Cristina B. Rodriguez
Represented By: Jason D. Joffe
Represented By: Lewis F. Murphy
Represented By: Steven Skulnik
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Defendant: American Diabetes Wholesale, LLC doing business as Premier Purchasing Group
Represented By: Cristina B. Rodriguez
Represented By: Jason D. Joffe
Represented By: Lewis F. Murphy
Represented By: Steven Skulnik
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Defendant: Eric Chirinsky
Represented By: Steven Skulnik
Represented By: Richard Avery Finkel
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Defendant: Healthsource Distributors LLC
Represented By: Richard Avery Finkel
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Defendant: Jerry L. Wolaski
Represented By: Richard Avery Finkel
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Defendant: Rowan Tree 1123 CC
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Defendant: Elizabeth M. Venter
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Defendant: Supreme Distributors Company
Represented By: Martin I. Saperstein
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Defendant: Jeffrey A. Levitetz
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Defendant: Novex America doing business as Novex International
Represented By: Adam Bialek
Represented By: James J. McGuire
Represented By: Vincent Filardo, Jr.
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Defendant: Dennis Cantor
Represented By: Adam Bialek
Represented By: James J. McGuire
Represented By: Vincent Filardo, Jr.
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Defendant: Product Performance Company, INC
Represented By: Gerald Padian
Represented By: Bradley M. Rank
Represented By: Howard Matthew Raber
Represented By: Martin I. Saperstein
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Defendant: Jerrold H. Hermann
Represented By: Gerald Padian
Represented By: Bradley M. Rank
Represented By: Howard Matthew Raber
Represented By: Martin I. Saperstein
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Defendant: Stephen Herman
Represented By: Gerald Padian
Represented By: Bradley M. Rank
Represented By: Howard Matthew Raber
Represented By: Martin I. Saperstein
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Defendant: Robert B Botwinick
Represented By: Gerald Padian
Represented By: Bradley M. Rank
Represented By: Howard Matthew Raber
Represented By: Martin I. Saperstein
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Defendant: Medsource Direct
Represented By: David John Sprong
Represented By: Barry N. Johnson
Represented By: Shane Keppner
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Defendant: Med-Health Direct, INC
Represented By: Martin I. Saperstein
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Defendant: Christopher Hattenbach
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Defendant: DBS Trading, Inc. doing business as Masters Pharmaceutical
Represented By: Edward V. Schwendemann
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Defendant: Evan Blatt
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Defendant: Kevin Phillips
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Defendant: Trayll Brands B.V.
Represented By: James Gerard McCarney
Represented By: Sean David McAndrew
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Defendant: Eric Stevens
Represented By: James Gerard McCarney
Represented By: Sean David McAndrew
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Defendant: Corporate Advice & Management Services AG
Represented By: Alan G. Geffin
Represented By: Bruce G. Hermelee
Represented By: Christopher Perez-Gurri
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Defendant: John Cornillie
Represented By: Alan G. Geffin
Represented By: Bruce G. Hermelee
Represented By: Christopher Perez-Gurri
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Defendant: National Distribution Corporation
Represented By: Martin I. Saperstein
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Defendant: Carlos Hernandez
Represented By: Martin I. Saperstein
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Defendant: Aristidis Spanellis
Represented By: Alyssa Young
Represented By: Michael John Tiffany
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Defendant: Anton van Schalkwyk
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Defendant: Mark Sowter
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Defendant: Marketing and Distribution Solutions
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Defendant: First Pharma Ghana, Ltd.
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Defendant: Dubamed Middle East Africa FZCO a/k/a Dubamed Medical Products
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Defendant: Cees Jan Quirijns
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Defendant: Sterling Wholesale, LLC
Represented By: Marc R. Wilner
Represented By: Warren Stephen Koster
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Defendant: Jeffrey B. Littman
Represented By: Marc R. Wilner
Represented By: Warren Stephen Koster
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Defendant: American Healthcare, Inc.
Represented By: Joanne J. Romero
Represented By: Jura C. Zibas
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Defendant: Michael Barbra
Represented By: Joanne J. Romero
Represented By: Jura C. Zibas
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Defendant: Prime International Products, Inc.
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Defendant: Howard Frank
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Defendant: H&H Wholesale Services, Inc.
Represented By: Jonathan A Grippo
Represented By: Martin I. Saperstein
Represented By: Andrew T. O'Connor
Represented By: Paul F. Beckwith
Represented By: Stanley R. Goodman
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Defendant: Brothers Trading Co., Inc.
Represented By: Joseph P. Goldberg
Represented By: Richard G. Taft
Represented By: William R. Jacobs
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Defendant: Drogueria Central Inc.
Represented By: Joseph P. Goldberg
Represented By: Richard G. Taft
Represented By: William R. Jacobs
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Defendant: Herbert C. Dunayer
Represented By: Joseph P. Ferri, Jr.
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Defendant: DTR Medical Wholesale, Inc.
Represented By: Charles Quinn
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Defendant: Robert Welter
Represented By: Charles Quinn
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Defendant: Randy Crowell
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Defendant: Midwest Drug Supply, LLC
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Defendant: Dennis Gatscher
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Defendant: ATE All Trade Enterprises LLP
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Defendant: Howard Goldman
Represented By: Jonathan A Grippo
Represented By: Andrew T. O'Connor
Represented By: Paul F. Beckwith
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Defendant: Michael Barba
Represented By: Jura C. Zibas
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Defendant: Medsource Direct, Inc.
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Plaintiff: Johnson & Johnson
Represented By: Diana Siri Breaux
Represented By: Geoffrey Potter
Represented By: Noah Stein
Represented By: Christos George Yatrakis
Represented By: Ilyssa Birnbach Sena
Represented By: Jason Scott Gould
Represented By: Jeremy Alexander Weinberg
Represented By: Marjorie E. Sheldon
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Plaintiff: LifeScan, Inc.
Represented By: Diana Siri Breaux
Represented By: Noah Stein
Represented By: Christos George Yatrakis
Represented By: Geoffrey Potter
Represented By: Ilyssa Birnbach Sena
Represented By: Jason Scott Gould
Represented By: Jeremy Alexander Weinberg
Represented By: Marjorie E. Sheldon
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Cross defendant: Michael Maguire
Represented By: Steven Skulnik
Represented By: Richard Avery Finkel
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Cross defendant: Quality King Distributors, Inc.
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Cross defendant: QK Healthcare Inc.
Represented By: Anthony J. Viola
Represented By: Andre K. Cizmarik
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Cross defendant: Reuben C. Mahlagare
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Cross defendant: John Does 1-10
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Cross defendant: Timothy L. Farnes
Represented By: Andrew L. Margulis
Represented By: Christopher Philip Milazzo
Represented By: D. Mathew Moscon
Represented By: Eric Corey Weissman
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Cross defendant: Tyler William Farnes
Represented By: Andrew L. Margulis
Represented By: Christopher Philip Milazzo
Represented By: D. Mathew Moscon
Represented By: Eric Corey Weissman
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Cross defendant: Freedom Exports
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Cross defendant: Rafael Curquejo
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Cross defendant: A&M Marketing
Represented By: Sal Cognetti, Jr.
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Cross defendant: Richard C. Lapinski
Represented By: Sal Cognetti, Jr.
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Cross defendant: Dennis B. Smith
Represented By: Edward V. Schwendemann
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Cross defendant: Newport Trading, Inc.
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Cross defendant: Wayne Heiferman
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Cross defendant: Care Desk Corporation
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Cross defendant: Sterling Distributors
Represented By: Martin I. Saperstein
Represented By: Robert N. Nicholson
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Cross defendant: Pharmacy Wholesale Services, Inc.
Represented By: Brendan J. O'Rourke
Represented By: Dolores Francesca DiBella
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Cross defendant: Douglas Rudderham
Represented By: Brendan J. O'Rourke
Represented By: Dolores Francesca DiBella
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Cross defendant: CHI Pharma B.V.
Represented By: James Gerard McCarney
Represented By: Sean David McAndrew
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Cross defendant: Amroges B.V.
Represented By: James Gerard McCarney
Represented By: Sean David McAndrew
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Cross defendant: CHI Capital B.V.
Represented By: James Gerard McCarney
Represented By: Sean David McAndrew
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Cross defendant: Coenraad Hendrik Swart
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Cross defendant: Gymtrade CC
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Cross defendant: Hadida cc
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Cross defendant: Letko Edward
Represented By: Robert J. Anello
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Cross defendant: MSI Medical Supply, Inc.
Represented By: Joanne J. Romero
Represented By: Jura C. Zibas
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Cross defendant: Cobra Capital, Inc.
Represented By: Joseph P. Ferri, Jr.
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Cross defendant: Novex America
Represented By: Adam Bialek
Represented By: James J. McGuire
Represented By: Vincent Filardo, Jr.
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Cross defendant: American Diabetes Wholesale, LLC
Represented By: Cristina B. Rodriguez
Represented By: Jason D. Joffe
Represented By: Lewis F. Murphy
Represented By: Steven Skulnik
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Cross claimant: Dean G. Berry
Represented By: Robert N. Nicholson
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Cross claimant: Alvin C. Eder
Represented By: Jonathan B. Bruno
Represented By: Scott A. Schechter
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Cross claimant: Green Valley Medical Distributors, LLC
Represented By: Martin I. Saperstein
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Cross claimant: DBS Trading, Inc.
Represented By: Edward V. Schwendemann
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Interested party: Wolf Medical Supply, Inc.
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Interested party: Gary Woolfson
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Interested party: Stacy Woolfson
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