Abbott Laboratories et al v. H&H Wholesales Services, Inc. et al
| Abbott Laboratories, Abbott Diabetes Care Inc. and Abbott Diabetes Care Sales Corporation |
| H&H Wholesale Services, Inc., Howard Goldman, David Gulas and John Does 1-10 |
| Sarah A. Adam |
| Product Performance Company, Inc. |
| HMF Distributing Inc, Wholesale Diabetic Supplies Inc, Howard Frank, Coolrelic Inc, Ralph Amato, Medical Care Supplies Inc, Perfecto Hallon, Ixthus Medical Supply, Inc., Pharmsource LLC, Evergreen Wholesale Company, RockwayRX, Able Wholesalers Of Tennessee, LLC, Dipromed LLC, Dream Cereal Inc. d/b/a Diabetessupplies4less.com, Drugplace, Inc. d/b/a International Consumer Corp., Matrix Distributors, Inc., MC Distributors, LLC, National Medical Management Inc., Saps Drug Wholesale, Inc., Save Rite Medical.com LLC, Sterling Distributors and Delray Marketing, LLC |
| 1:2017cv03095 |
| May 23, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol Bagley Amon |
| Lois Bloom |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
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SCHEDULING ORDER: Status conference for all defendants in this matter other than the H&H Defendants, previously scheduled for 9/22/2023, is rescheduled for 11/21/2023 at 11:30 a.m. in Courtroom 10D South before Judge Carol Bagley Amon. This status conference will immediately follow the status conference in the separate Abbott Labs action, cases 15-cv-5826 and 17-cv-6002. Ordered by Judge Carol Bagley Amon on 9/6/2023. (AW)
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SCHEDULING ORDER: Status conference previously scheduled for August 2, 2023 at 2:00 PM is rescheduled for September 22, 2023 at 4:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 7/19/2023. (JN)
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SCHEDULING ORDER: Status Conference set for 8/2/2023 at 2:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 4/6/2023. (WF)
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| Minute Entry for proceedings held before Judge Carol Bagley Amon: Status Conference held on 4/6/2023. Geoffrey Potter, Timothy Waters, Julia Leigh Hainey, for Plaintiffs. Derrelle Janey for H&H Defendants. As discussed on the record, the parties will continue to discuss settlement, which may be impacted by collection efforts in the separate Abbott diversion action, 15-cv-5826. A status conference in this action will be held on 8/2/23 at 2:00 p.m. in Courtroom 10D South to update the Court on settlement efforts, and if necessary, to set a summary judgment briefing schedule. (Court Reporter Andronikh Barna.) (WF) |
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SCHEDULING ORDER: An in-person status conference will be held on 4/6/2023 at 2:30 PM in Courtroom 10D South before Judge Carol Bagley Amon. Counsel for all parties are required to attend in person. This status conference will immediately follow the status conference in the separate Abbott Labs "diversion" action, cases 15-cv-5826 and 17-cv-6002. Ordered by Judge Carol Bagley Amon on 2/23/2023. (WF)
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| Filing 162 Letter to Judge Carol Bagley Amon regarding status report in response to the Court's January 3, 2023 Order by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
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SCHEDULING ORDER: In light of the Court's Memorandum and Order on Inquest for Damages dated 12/27/2022, filed in case 15-cv-5826, Abbott v. Adelphia et al, Plaintiffs and Defendants are ordered to file a status report by 2/3/2023 addressing the impact of that Memorandum and Order, if any, on the present action. SO ORDERED by Judge Carol Bagley Amon on 1/3/2023. (WF)
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| Filing 161 NOTICE of Appearance by Robert Curtis Gottlieb on behalf of Howard Goldman, H&H Wholesale Services, Inc. (aty to be noticed) (Gottlieb, Robert) |
| Filing 160 NOTICE of Change of Firm Name AMENDED NOTICE OF APPEARANCE Once the filing has been made, you must login to www.pacer.gov and update your account. (Janey, Derrelle) |
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Filing 159
ORDER: The Court grants the parties' stipulation and protective Order. ECF No. 158. See attached Order. Ordered by Magistrate Judge Lois Bloom on 4/30/2020. (Burks, Jory)
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| Filing 158 Letter MOTION for Protective Order jointly requesting terms of existing Protective Order be extended to documents produced in Michigan Action by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Attachments: #1 Exhibit A - Proposed Stipulation and Protective Order) (Waters, Timothy) |
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Filing 157
ORDER re #154 Motion to Withdraw as Attorney. Application to withdraw as counsel Granted. Attorney Sarah A. Adam terminated. Ordered by Judge Carol Bagley Amon on 10/2/2019. (Fernandez, Erica)
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Filing 156
ORDER, endorsed on Defendants' counsel Derrelle M. Janey's #155 letter. To be clear, the Court is returning to counsel for H&H the unopened USB memory stick; For security reasons, the Court has not viewed or copied whatever is on the stick. Counsel may retrieve the original unopened memory stick from my Chambers. SO ORDERED by Magistrate Judge Lois Bloom, on 9/11/2019. (Latka-Mucha, Wieslawa)
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| Filing 155 Letter to Judge Bloom from Derrelle Janey, Esq. by Howard Goldman, H&H Wholesale Services, Inc. (Janey, Derrelle) |
| Filing 154 Letter MOTION to Withdraw as Attorney Pursuant to Local Civil Rule 1.4, Due to Change of Law Firm by Sarah A. Adam. (Adam, Sarah) |
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Filing 153
ORDER, endorsed on Defendants' counsel Derrelle M. Janey's #152 Letter, requesting a copy of the transcript and related materials describing the witness examinations conducted in The Netherlands (in Dutch), pursuant to Your Honor's #111 request consistent with the requirements under the Hague Convention. The application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 7/10/2019. (Latka-Mucha, Wieslawa)
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| Filing 152 Letter to Judge Bloom from Derrelle Janey, Esq. by Howard Goldman, H&H Wholesale Services, Inc. (Janey, Derrelle) |
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ORDER: On February 6, 2019, substitute counsel for H&H filed a notice of appearance. ECF Nos. #150 , #151 . Accordingly, the Court lifts the stay of this case. The Court shall hold an oral argument on plaintiffs' motion for sanctions on February 27, 2019 at 3:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. The parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 2/11/2019. (Burks, Jory)
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Filing 151
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL. It is hereby Stipulated that Derrelle M. Janey of the firm Gottlieb & Janey LLP is hereby substituted as counsel for defendants H&H Wholesale Services, Inc., Howard Goldman, and David Gulas in place of Milton Springut and Tal S. Benschar of the firm Springut Law P.C., and the latter are hereby relieved as counsel for said defendants. SO ORDERED by Magistrate Judge Lois Bloom, on 2/7/2019. (Attorneys: Milton Springut, Esq.; and Tal S. Benschar, Esq. terminated.) (Latka-Mucha, Wieslawa)
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| Filing 150 NOTICE of Appearance by Derrelle Marcel Janey on behalf of Howard Goldman, H&H Wholesale Services, Inc. (aty to be noticed) (Janey, Derrelle) |
| Filing 149 Letter dated 1/21/2019 from K. Bootsman, Court Clerk informing the Court of the upcoming hearing of witnesses Pieter Bottenberg, to be held on April 15, 2019 at 9:00 am and Jeroen Erents to be held April 16, 2019 at 9:00 am. (Fernandez, Erica) |
| Filing 148 Letter From Geoffrey Potter to Judge Amon in Response to H&H Defendants' January 24, 2019 Letter by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
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ORDER: H&H writes to request a stay in order to retain new counsel. ECF No. #146 . Plaintiffs oppose the request. ECF No. #148 . Notwithstanding the fact that this will be the sixth counsel to appear for H&H in this matter, H&H's request is granted. The Court stays all proceedings until substitute counsel appears or February 23, 2019, whichever is earlier. The Court shall not extend the stay beyond February 23, 2019. H&H is advised that a corporation may only appear in federal court through licensed counsel. See Rowland v. California Mens Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993). H&H cannot represent itself in this proceeding, nor can its corporate officers, owners, managers, members, or employees proceed pro se unless they are licensed attorneys. Substitute counsel shall immediately file a notice of appearance once retained. Ordered by Magistrate Judge Lois Bloom on 1/28/2019. (Burks, Jory)
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| Filing 147 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/06/2018, before Judge AMON. Court Reporter/Transcriber rivka teich, Telephone number 7186132268. Email address: rivkateich@gmail.com. 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 2/14/2019. Redacted Transcript Deadline set for 2/25/2019. Release of Transcript Restriction set for 4/24/2019. (Teich, Rivka) |
| Filing 146 Letter Requesting Stay So Parties Can Obtain New Counsel by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Springut, Milton) |
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Filing 145
ORDER: The Court has reviewed Magistrate Judge Bloom's decision and H&H's objections, and finds that the decision is neither clearly erroneous nor contrary to law. Accordingly, H&H's objections to the June 27, 2018 order are dismissed. Ordered by Judge Carol Bagley Amon on 12/10/2018. (Fernandez, Erica)
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| Filing 144 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 17, 2018, before Judge Amon. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. 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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (Heading, Charleane) |
| Filing 143 TRANSCRIPT of Proceedings held on August 21, 2018, before Judge Bloom. Court Transcriber: Typewrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/13/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/21/2018. (Rocco, Christine) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 8/21/2018. (FTR Log #4:03-4:18.) (Burks, Jory) |
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ORDER granting in part and denying in part #139 Motion for Discovery: The Court held a telephone status conference in this matter on August 21, 2018. Defendants' renewed request for an order requiring production of the seizure video [ECF No. 139] is granted in part and denied in part. Plaintiffs' shall produce to defendants' counsel that portion of the seizure video pertaining to Mr. Goldman's alleged office by August 27, 2018. The remainder of defendants' request regarding production of the seizure video is denied. Ordered by Magistrate Judge Lois Bloom on 8/21/2018. (Burks, Jory)
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SCHEDULING ORDER: H&H renews its motion to compel Abbott to produce the seizure video. Abbott filed their response. The court shall hold a telephone conference on August 21, 2018 at 4:00 p.m. After establishing contact with plaintiffs, defendants' counsel shall contact the Court at (718) 613-2170. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 8/17/2018. (Burks, Jory)
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| Filing 142 RESPONSE to Motion re #139 Letter MOTION for Discovery -- Renewing request for order requiring production of seizure video filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Attachments: #1 Exhibit A) (Waters, Timothy) |
| Filing 141 REPLY in Support re #130 Appeal of Magistrate Judge Decision to District Court filed by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Springut, Milton) |
| Filing 140 Letter MOTION for Extension of Time to File Response/Reply as to #139 Letter MOTION for Discovery -- Renewing request for order requiring production of seizure video by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
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ORDER granting #140 Motion for Extension of Time to File Response/Reply re #139 Letter MOTION for Discovery -- Renewing request for order requiring production of seizure video: By letter-motion dated August 1, 2018, H&H moves to compel Abbott to produce the video from the seizure at H&H's facilities. ECF No. #139 . Abbott requests until August 13th to respond. ECF No. #140 . Abbott's request is granted. Abbott shall file its response by August 13, 2018. Ordered by Magistrate Judge Lois Bloom on 8/2/2018. (DeAtley, Tavish)
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| Filing 139 Letter MOTION for Discovery -- Renewing request for order requiring production of seizure video by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Benschar, Tal) |
| Filing 138 MEMORANDUM in Opposition re #130 Appeal of Magistrate Judge Decision to District Court filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
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Filing 137
ORDER, endorsed on defendants' #135 Motion for an Extension of Time to Complete Discovery. The #135 application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 7/24/2018. (Latka-Mucha, Wieslawa)
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| Filing 136 Letter MOTION for Extension of Time to File Opposition To Plaintiff's Sanctions Motion by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Benschar, Tal) |
| Filing 135 Letter MOTION for Extension of Time to Complete Discovery As To Certain Depositions Identified In Letter by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Benschar, Tal) |
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ORDER granting #136 Motion for Extension of Time to File. On consent of the parties, and in consideration of the Jewish High Holidays, defendants' opposition papers for the motion for sanctions are now due on September 21, 2018. Any reply by the Plaintiff is still due no later than November 14, 2018. Pursuant to this Court's individual rules, all papers shall be filed jointly on the docket once the motion is fully briefed. So Ordered by Judge Carol Bagley Amon on 7/24/2018. (Stern, Ethan)
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Filing 134
ORDER re #133 Letter filed by H&H Wholesale Services, Inc., Howard Goldman, David Gulas; Application granted. Ordered by Judge Carol Bagley Amon on 7/13/2018. (Fernandez, Erica)
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| Filing 133 Letter To Judge Amon Submitting Briefing Schedule On Rule 72(a) Motion And Requesting Court Approve Same by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Benschar, Tal) |
| Filing 132 TRANSCRIPT of Proceedings held on July 9, 2018, before Judge Bloom. Court Transcriber: TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/2/2018. Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction set for 10/10/2018. (Rocco, Christine) |
| Filing 131 Letter Advising Court of the filing of Rule 72(a) Appeal by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Springut, Milton) |
| Filing 130 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. re #123 Order on Motion for Discovery,,,,,,, (Springut, Milton) |
| Filing 129 Letter to Judge Bloom in response to 7/9/18 order re: meet and confer on outstanding discovery issues by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Waters, Timothy) |
| Filing 128 RESPONSE in Opposition re #126 Letter MOTION for Protective Order (CORRECTED to include Exhibits) filed by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Springut, Milton) |
| Filing 127 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/27/2017, before Judge MJ BLOOM. Court Reporter/Transcriber RIVKA TEICH, Telephone number 7186132268. Email address: rivkateich@gmail.com. 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 7/30/2018. Redacted Transcript Deadline set for 8/9/2018. Release of Transcript Restriction set for 10/8/2018. (Teich, Rivka) |
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ORDER terminating #125 Motion for Protective Order; granting in part and denying in part #126 Motion for Protective Order: The Court held a telephone status conference on July 9, 2018 to address Abbott's motion for a protective order. ECF No. #126 . As discussed on the record, the request is granted in part and denied in part. The parties are hereby directed to meet and confer to resolve the outstanding issues and shall file a brief status letter by July 10, 2018. Ordered by Magistrate Judge Lois Bloom on 7/9/2018. (DeAtley, Tavish)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 7/9/2018 (FTR Log #2:59-3:08; 3:19-3:41.) (DeAtley, Tavish) |
| Filing 126 Letter MOTION for Protective Order (CORRECTED to include Exhibits) by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Attachments: #1 Exhibit A, #2 Exhibit B) (Waters, Timothy) |
| Filing 125 Letter MOTION for Protective Order by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Waters, Timothy) |
| Filing 124 Letter Regarding Individual Rules Requirement Of Pre-Motion Conference In Relation To Rule 72(a) Motion by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Springut, Milton) |
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Filing 123
ORDER granting in part and denying in part #115 Motion for Discovery; granting in part and denying in part #117 Motion for Discovery: The Court held a telephone status conference in this matter to address defendants Howard Goldman, David Gulas, and H&H Wholesale Services, Inc.'s (collectively, "H&H") motion to compel various discovery, ECF Nos. #115 , #117 - #118 . Plaintiffs Abbott Diabetes Care Sales Corporation, Abbott Diabetes Care Inc., and Abbott Laboratories (collectively, "Abbott"), oppose H&H's motion. ECF Nos. #116 , #118 . As discussed on the record, H&H's motion is granted in part and denied in part. See Attached Order. Ordered by Magistrate Judge Lois Bloom on 6/27/2018. (DeAtley, Tavish)
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| Filing 122 Letter seeking adjustment of sanctions motion briefing schedule by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Waters, Timothy) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 6/27/2018 (Court Reporter Rivka Teich.) (DeAtley, Tavish) |
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SCHEDULING ORDER: The Plaintiff's request in its letter to the Court #122 is granted. The briefing schedule for the motion for sanctions is to be amended as follows: Plaintiff's opening papers are now due on July 17, 2018. Defendant's opposition papers are now due on September 19th, 2018. Any reply by the Plaintiff is still due no later than November 14, 2018. So Ordered by Judge Carol Bagley Amon on 6/27/2018. (Stern, Ethan)
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| Filing 121 Letter Requesting Presence Of Court Reporter At Scheduled Conference by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Benschar, Tal) |
| Filing 120 REPLY to Response to Motion re #115 Letter MOTION for Discovery -- Letter Reply filed by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Benschar, Tal) |
| Filing 119 RESPONSE in Opposition re #117 Letter MOTION for Discovery filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Attachments: #1 Exhibit A, #2 Exhibit B) (Waters, Timothy) |
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ORDER re #121 Letter filed by H&H Wholesale Services, Inc., Howard Goldman, David Gulas: By letter-motion dated June 26, 2018, H&H requests that a Court reporter be present for tomorrow's telephone conference. ECF No. #121 . The request is granted. H&H shall bear the cost of ordering the transcript. Ordered by Magistrate Judge Lois Bloom on 6/26/2018. (DeAtley, Tavish)
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| Filing 118 RESPONSE in Opposition re #115 Letter MOTION for Discovery filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Waters, Timothy) |
| Filing 117 Letter MOTION for Discovery by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Benschar, Tal) |
| Filing 116 Letter Requesting Court Hold In-Court Hearing On Discovery Motions (Dkt 115) by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Benschar, Tal) |
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ORDER re #116 Letter filed by H&H Wholesale Services, Inc., Howard Goldman, David Gulas: By letter dated June 21, 2018, H&H requests that the June 27th telephone conference be converted to an in-person conference. ECF No. #116 . H&H's letter does not state whether Abbott's counsel consents. The request is denied. The June 27th conference shall proceed by telephone. Ordered by Magistrate Judge Lois Bloom on 6/21/2018. (DeAtley, Tavish)
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| Filing 115 Letter MOTION for Discovery by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Benschar, Tal) |
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SCHEDULING ORDER: By letter-motion dated June 20, 2018, H&H raises several discovery issues. ECF No. #115 . Abbott shall respond by June 25, 2018 at noon. The Court shall hold a telephone conference on June 27, 2018 at 12:00 p.m. After establishing contact with plaintiffs' counsel, defendants' counsel shall contact the Court at (718) 613-2170. The parties are reminded that they shall provide the Court courtesy copies of any submission that exceeds 25 pages. Ordered by Magistrate Judge Lois Bloom on 6/20/2018. (DeAtley, Tavish)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:The parties called the Court when a dispute arose during a deposition. The Court held a telephone conference, ruled on the parties' dispute, and the deposition continued. (FTR Log #12:47-1:03; 1:05-1:08.) (DeAtley, Tavish) |
| Filing 114 Letter dated 5/3/2018 from W. Soethout to the Court. (Marziliano, August) |
| Filing 113 Letter Concerning Motion To Withdraw Stipulation Discussed At Prior Conference by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Benschar, Tal) |
| Filing 112 CERTIFICATE OF SERVICE, re: Judge Lois Bloom's #111 ORDER and the attached "Request for International Judicial Assistance [...]" signed by Douglas C. Palmer, Clerk of Court, on 5/1/2018. Fed-Ex Tracking #(s) 8652 6133 5845 0402. (Latka-Mucha, Wieslawa) |
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Filing 111
ORDER, granting #110 Motion for Issuance of Hague Convention Request to the Netherlands. The Clerk of the Court is directed to execute the REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION in the form attached, by signing same, affixing the seal of the Court to same, and transmitting same to: The District Court in The Hague. The Clerk shall note on the docket of the above case when the executed document has been transmitted to the indicated address. SO ORDERED by Magistrate Judge Lois Bloom, on 4/26/2018. W/Attachments: #1 Request For International Judicial Assistance Pursuant To The Hague Convention - Signed by Douglas C. Palmer, Clerk of Court on 5/1/2018. (Certified Documents sent to the District Court in the Hague via International Fed-Ex.) (Latka-Mucha, Wieslawa)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 4/27/2018 (FTR Log #10:31-10;50.) (DeAtley, Tavish) |
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ORDER granting in part and denying in part #104 Motion to Compel: The Court held a telephone status conference on April 27, 2018 to address Abbott's motion to compel, ECF No. #104 , and the parties' recent letters, ECF Nos. #108 , #109 . As discussed on the record, the motion is granted in part and denied in part. Defendants shall produce Lori Goldman's emails from 2014 through 2015 which concern H&H or H&H's business to Abbott by May 16, 2018. Ordered by Magistrate Judge Lois Bloom on 4/27/2018. (DeAtley, Tavish)
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| Filing 110 Consent MOTION for Issuance of Letters Rogatory -- Issuance of Hague Convention Request To The Netherlands by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 proposed Hague Convention Request, #2 proposed Order) (Benschar, Tal) |
| Filing 109 Letter to Judge Bloom in response to 4/17/18 order re: discovery disputes by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Waters, Timothy) |
| Filing 108 Letter To Magistrate Judge Bloom Setting Forth Position of Defendants As Per Order Dated 04/17/2018 by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Benschar, Tal) |
| Filing 107 TRANSCRIPT of Proceedings held on April 17, 2018, before Judge Bloom. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. 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 5/11/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/19/2018. (Hong, Loan) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 4/17/2018 (FTR Log #2:35-3:55.) (DeAtley, Tavish) |
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SCHEDULING ORDER: The Court held a status conference on April 17, 2018 to address Abbott's motion to compel, ECF No. #104 . As discussed on the record, the parties shall meet and confer to try to resolve the discovery issues raised. The Court shall hold a telephone conference on April 27, 2018 at 10:30 a.m. Plaintiffs' counsel shall initiate and arrange the conference call. After establishing contact with defendants' counsel, plaintiffs' counsel shall contact the Court at (718) 613-2170. The parties shall submit letters to the Court setting forth their positions by noon on April 25, 2018. Ordered by Magistrate Judge Lois Bloom on 4/17/2018. (DeAtley, Tavish)
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Minute Entry & Order for Pre Motion Conference held before Judge Carol Bagley Amon on April 17, 2018. Appearances: For Plaintiffs - Timothy Waters, Geoffrey Potter, and Yoni Schenker. For Defendant H&H Wholesale Services - Milton Springut and Tal S. Benschar. As stated on the record, Defendant may file a motion to withdraw factual admissions contained in a prior stipulated order on or before May 8, 2018; Plaintiffs shall file their opposition to that motion on or before May 30, 2018; and Defendant shall file its reply, if any, on or before June 13, 2018. When filing their opposition to Defendant's motion to withdraw factual admissions, on or before May 30, 2018, Plaintiffs may file a separate but simultaneous motion for sanctions. Defendant shall file its opposition to any motion for sanctions on or before June 13, 2018, and Plaintiffs shall file their reply, if any, on or before June 27, 2018. Oral argument on both motions is set for July 10, 2018 at 2:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. If Defendant chooses not to file its anticipated motion to withdraw factual admissions contained in a prior stipulated order, it shall inform the Court of that decision on or before May 8, 2018. So Ordered by Judge Carol Bagley Amon on April 17, 2018. (Court Reporter Charleane Heading.) (Angelatos, David)
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| Filing 106 RESPONSE to Motion re #104 Motion to Compel,, 1 - Sealed Document CV, Letter Response In Partial Opposition To Motion filed by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Benschar, Tal) |
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ORDER granting #105 Motion for Extension of Time to File Response; SCHEDULING ORDER: Defendants' counsel writes to request an extension of time to respond to plaintiffs' motion to compel and to adjourn the April 9, 2018 status conference. ECF No. 105. Defendants' counsel did not seek consent from plaintiffs' counsel before doing so. In the future, any extension request filed by a party that does not first seek their adversary's consent will be denied without prejudice. Nevertheless, defendants' request is granted. The H&H defendants shall respond to plaintiffs' motion to compel by Noon on April 13, 2018. The April 9, 2018 telephone conference is adjourned and the Court shall hold an in-person status conference on April 17, 2018 at 2:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The conference will conclude in time to ensure the parties are on time for the pre-motion conference before Judge Amon beginning at 4:00 p.m. that day. The Court encourages the parties to continue to try to resolve the issues raised by plaintiffs' letter-motion to compel. Ordered by Magistrate Judge Lois Bloom on 4/6/2018. (Doody, Sara)
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| Filing 105 Letter Requesting Addditional Time To Respond To Plaintiffs' Letter Motion to Compel Discovery (Dkt. 104) by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Benschar, Tal) Modified on 4/6/2018 (Doody, Sara). |
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SCHEDULING ORDER: re #104 Motion to Compel: By letter-motion dated April 4, 2018, Abbott moves to compel discovery. ECF No. #104 . In light of the briefing schedule in the diversion action, time is of the essence. Accordingly, the H&H defendants shall respond to the letter by April 9, 2018 at 9:30 a.m. The Court shall hold a telephone conference on April 9, 2018 at 4:15 p.m. Plaintiffs' counsel shall initiate and arrange the conference call. After establishing contact with defendants' counsel, plaintiffs' counsel shall contact the Court at (718) 613-2170. The Court encourages the parties to continue to try to resolve these issues. Ordered by Magistrate Judge Lois Bloom on 4/5/2018. (DeAtley, Tavish)
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ORDER granting #103 Motion to Adjourn Conference: The pre-motion conference previously set for April 12, 2018 is adjourned. The pre-motion conference on H&H's proposed motion to withdraw a factual admission contained in a prior stipulated order is now set for April 17, 2018 at 4:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. So Ordered by Judge Carol Bagley Amon on 4/5/2018. (Angelatos, David)
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| Filing 104 Letter MOTION to Compel re-raising deposition requests to depose three individuals by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (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) (Waters, Timothy) |
| Filing 103 Letter MOTION to Adjourn Conference scheduled for 4/12/2018 by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
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SCHEDULING ORDER: A pre-motion conference on H&H's proposed motion to withdraw a factual admission contained in a prior stipulated order is set for April 12, 2018 at 4:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. So Ordered by Judge Carol Bagley Amon on 4/3/2018. (Angelatos, David)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:The parties called the Court when a dispute arose during a deposition. The Court held a telephone conference, ruled on the parties' dispute, and the deposition continued. (FTR Log #11:05-11:20.) (DeAtley, Tavish) |
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Filing 102
ORDER re #63 Letter filed by Abbott Diabetes Care Sales Corporation, Abbott Diabetes Care Inc., Abbott Laboratories: Abbott's motion concerning the crime-fraud exception is granted in part and denied in part. See Attached Order. Ordered by Magistrate Judge Lois Bloom on 3/9/2018. (DeAtley, Tavish)
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| Filing 101 TRANSCRIPT of Proceedings held on February 27, 2018, before Judge Bloom. Court Transcriber: TypeWrite Word Processing Service, Telephone number 518-581-8973. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/29/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/6/2018. (Rocco, Christine) |
| Filing 100 Letter to the Hon. Carol Bagley Amon from Geoffrey Potter dated March 6, 2018, responding to pre-motion letter dkt. No. #99 by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Attachments: #1 Exhibit A) (Potter, Geoffrey) |
| Filing 99 Letter Requesting Pre-Motion Conference by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Springut, Milton) |
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SCHEDULING ORDER: The Court held a conference on February 27, 2018 and the parties argued their positions regarding the crime-fraud exception. As discussed on the record, H&H shall deliver the relevant documents to my chambers for in camera review by March 5, 2018. The parties shall complete all discovery by August 6, 2018. Both parties shall immediately take the necessary steps under The Hague Convention to depose non-party Holland Trading Group. The parties are reminded to meet and confer before raising any dispute to the Court. Ordered by Magistrate Judge Lois Bloom on 2/27/2018. (DeAtley, Tavish)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 2/27/2018 (FTR Log #10:12-11:18.) (DeAtley, Tavish) |
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Filing 98
STIPULATION AND ORDER MODIFYING PROTECTIVE ORDER, endorsed on doc.#96 : SO ORDERED by Magistrate Judge Lois Bloom, on 2/26/2018. (See document for details.) (Latka-Mucha, Wieslawa)
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| Filing 97 Letter to Judge Lois Bloom from Timothy A. Waters, on Behalf of Both Parties, dated February 26, 2018 regarding joint proposed case schedules pursuant to the Court's February 1, 2018 Order by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Waters, Timothy) |
| Filing 96 Letter Reporting To The Court About Documents To Be Submitted For In Camera Review and Submitting Stipulation by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Attachments: #1 Signed Stipulation) (Springut, Milton) |
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ORDER granting in part and denying in part #84 Motion for Protective Order; withdrawing #93 Motion to Withdraw ; The Court held a telephone status conference on February 22, 2018 to address the H&H defendants' motion to modify the protective order. ECF No. #84 . As discussed on the record, H&H's request is granted in part and denied in part. The parties shall file a proposed stipulation regarding the modification by February 26, 2018. By the same date, the H&H defendants shall submit a letter to the Court stating when they will produce documents relating to the crime-fraud exception for in camera review. Finally, the H&H defendants withdrew, without prejudice to re-file, their letter-motion seeking to withdraw a factual admission set forth in the parties' stipulation. ECF No. #93 . Any refiled request must comply with Judge Amons individual rules. Ordered by Magistrate Judge Lois Bloom on 2/22/2018. (DeAtley, Tavish)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 2/22/2018 (FTR Log #3:04-3:40.) (DeAtley, Tavish) |
| Filing 95 Letter MOTION for Extension of Time to File Response/Reply as to #93 Letter MOTION to Withdraw Factual Admission Contained In Prior Stipulation (Dkt. 77) by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Waters, Timothy) |
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ORDER granting #95 Motion for Extension of Time to File Response/Reply re #95 Letter MOTION for Extension of Time to File Response/Reply as to #93 Letter MOTION to Withdraw Factual Admission Contained In Prior Stipulation (Dkt. 77) : Abbott requests a brief extension of time to reply to the H&H defendants' letter-motion seeking to withdraw a factual admission set forth in the parties' stipulation, ECF No. #77 . ECF No. #95 . Abbott's request is granted. Abbott shall reply to H&H's letter-motion by February 26, 2018 at 12:00 p.m. Ordered by Magistrate Judge Lois Bloom on 2/21/2018. (DeAtley, Tavish)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:The parties called the Court when a dispute arose during a deposition. The Court held a telephone conference, ruled on the parties' dispute, and the deposition continued. (FTR Log #12:02-12:07.) (DeAtley, Tavish) |
| Filing 94 REPLY in Opposition re #63 Letter,,, 1 - Sealed Document CV,, Letter Requesting Leave To File Supplemental Response In Opposition filed by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Springut, Milton) |
| Filing 93 Letter MOTION to Withdraw Factual Admission Contained In Prior Stipulation (Dkt. 77) by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Exhibit A) (Springut, Milton) |
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Filing 92
ORDER: The #89 application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 2/20/2018. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. (Latka-Mucha, Wieslawa)
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Filing 91
ORDER: The #88 application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 2/20/2018. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. (Latka-Mucha, Wieslawa)
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| Filing 90 Letter to Judge Bloom from Timothy A. Waters, dated February 20, 2018 pursuant to the Court's February 1, 2018 Order re discovery by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Waters, Timothy) |
| Filing 89 MOTION for Leave to Electronically File Document under Seal by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Letter re pending motion, #2 Exhibit A, #3 Exhibit B) (Springut, Milton) |
| Filing 88 MOTION for Leave to Electronically File Document under Seal by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Letter Motion to be Filed Under Seal, #2 Exhibit A) (Springut, Milton) |
| Filing 87 RESPONSE to Motion re #84 MOTION for Protective Order -- TO MODIFY PROTECTIVE ORDER filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Waters, Timothy) |
| Filing 86 NOTICE of Appearance by Tal S. Benschar on behalf of Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (aty to be noticed) (Benschar, Tal) |
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SCHEDULING ORDER: The Court shall hold a telephone conference regarding defendants' motion to modify the protective order (ECF No. 84) on February 22, 2018 at 3:00 p.m. Defendants' counsel shall initiate and arrange the conference call. After establishing contact with plaintiff's counsel, defendants' counsel shall contact the Court at (718) 613-2170. Should plaintiff's counsel have a position as to the motion, they shall write to the Court by 3:00 p.m. on Tuesday, February 20, 2018. Ordered by Magistrate Judge Lois Bloom on 2/16/2018. (Doody, Sara)
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| Filing 85 Letter Requesting Scheduling Of Motion To Modify Protective Order (Dkt 84) by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Springut, Milton) |
| Filing 84 MOTION for Protective Order -- TO MODIFY PROTECTIVE ORDER by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Springut, Milton) |
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ORDER granting #82 Motion for Leave to Electronically File Document under Seal; denying #82 Motion for Protective Order: Defendant H&H Wholesale Services, Inc. filed a motion under seal to permit H&H to use certain documents in a separate action that it has commenced in the Eastern District of Michigan against its supplier Holland Trading Group. Any party wishing to file any document under seal must first seek permission of the Court to file the document under seal; only after permission is granted should the motion or other document be filed under seal. In other words, the Court must first grant the Motion for Leave to Electronically File Documents under Seal, separate and apart from ruling on the Motion for Protective Order. Although H&H did not follow this procedure, I will grant the Motion for Leave to Seal only so far as it pertains to sealing the documents that defendant H&H submitted as ECF No. 82, and direct defendant H&H to comply with the Court's local rules going forward. H&H also requests that Holland Trading be required to respond to their letter within four days. However, H&H provides no Second Circuit case law to support their request that a non-party must respond to a motion regarding discovery of this kind or that the Court has any authority to order a non-party to respond. Therefore, defendant's request is denied without prejudice. Should H&H refile their motion, they shall address this issue and support their request with authority. Ordered by Magistrate Judge Lois Bloom on 2/15/2018. (Doody, Sara)
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| Filing 83 Letter Requesting Scheduling Of Motion To Modify Protective Order (Dkt 82) by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Springut, Milton) |
| Filing 82 MOTION for Leave to Electronically File Document under Seal , MOTION for Protective Order -- To Modify Protective Order (Dkt. 70) with respect to certain documents by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Ltr. Motion to Modify Protective Order, #2 Exhibit A, #3 Exhibit B) (Springut, Milton) |
| Filing 81 REPLY in Support re #63 Letter,,, 1 - Sealed Document CV,, (Reply filed Under Seal) filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Attachments: #1 Exhibit Z, #2 Exhibit AA, #3 Exhibit AB, #4 Exhibit AC, #5 Exhibit AD) (Potter, Geoffrey) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 2/1/2018 (FTR Log #3:28-3:59.) (DeAtley, Tavish) |
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SCHEDULING ORDER: The Court held a telephone status conference on February 1, 2018. As discussed on the record, the Court shall hold oral argument on the 'crime-fraud exception' issue on February 27, 2018 at 10:00 a.m. in Courtroom 11A South. In advance of the conference, the parties shall file letters regarding any outstanding issues by 5:00 p.m. on February 20, 2018. Any response shall be filed by 5:00 p.m. on February 22, 2018. The parties shall file a proposed discovery schedule by February 26, 2018. Ordered by Magistrate Judge Lois Bloom on 2/1/2018. (DeAtley, Tavish)
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| Filing 80 MEMORANDUM in Opposition re #63 Letter,,, 1 - Sealed Document CV,, filed by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Declaration of Tal S. Benschar) (Springut, Milton) |
| Filing 79 NOTICE of Appearance by Milton Springut on behalf of Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (aty to be noticed) (Springut, Milton) |
| Minute Entry & Order for proceedings held before Judge Carol Bagley Amon on January 10, 2018. Appearances: For Plaintiffs - Geoffrey Potter and Timothy A. Waters. For Defendants H&H Wholesale Services, Inc., Howard Goldman, and David Gulas - Melissa Maxman, Milton Springut, and Tal S. Benschar. As stated on the record, the Court grants #73 Motion to Withdraw as Attorney and #78 Motion to Substitute Attorney. (Court Reporter David Roy.) (Angelatos, David) |
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SCHEDULING ORDER: Motion Hearing on #73 motion to withdraw and #78 motion to substitute is set for January 10, 2018 at 2:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. So Ordered by Judge Carol Bagley Amon on 1/8/2018.(Angelatos, David)
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| Filing 78 MOTION to Substitute Attorney by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Maxman, Melissa) |
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Filing 77
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiffs Abbott Laboratories, Abbott Diabetes Care Inc., and Abbott Diabetes Care Sales Corporation (together, "Plaintiffs"), and counsel for defendants H&H Wholesale Services, Inc., Howard Goldman, and David Gulas (together, the "H&H Defendants"), as follows: For purposes of this stipulation, "FreeStyle Test Strips" are any boxes of test strips bearing any of the following trademarks: This document is to be publically filed. Not under seal (see order for details). Ordered by Judge Carol Bagley Amon on 11/30/2017. (Fernandez, Erica)
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Filing 76
ORDER: Upon consideration of the Motion to Withdraw as Counsel of Record for defendants H&H Wholesale, Howard Goldman, and David Gulas, filed on November 28, 2017, by the law firm of Cohen & Gresser, LLP, ("C&G"), and any responses thereto, it is hereby Ordered that C&G file an affidavit for in camera review in support of this application 12/8/17. Ordered by Judge Carol Bagley Amon on 11/29/2017. (Fernandez, Erica)
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| Filing 74 Letter to Judge Lois Bloom, from Geoffrey Potter, dated November 29, 2017 in response to the Motion to Withdraw as Counsel by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 73 MOTION to Withdraw as Attorney by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Proposed Order) (Maxman, Melissa) |
| Filing 72 STIPULATION to Preliminary Injunction and Proposed Extension of Discovery Deadlines by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Maxman, Melissa) |
| Filing 71 TRANSCRIPT of Proceedings held on November 14, 2017, before Judge Bloom. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. 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 12/8/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 2/15/2018. (Hong, Loan) |
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Filing 70
PROTECTIVE ORDER, granting #69 Letter / Motion. SO ORDERED by Magistrate Judge Lois Bloom, on 11/15/2017. (See document for details.) (Latka-Mucha, Wieslawa)
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| Filing 69 MOTION for Protective Order / Letter addressed to Judge Bloom enclosing the parties' proposed Protective Order by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Attachments: #1 proposed Protective Order) (Waters, Timothy) (Modified) |
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Filing 68
SCHEDULING ORDER: The Court held a status conference in this matter to address the outstanding discovery issues raised by plaintiffs Abbott Diabetes Care Sales Corporation, Abbott Diabetes Care Inc., and Abbott Laboratories (collectively, "Abbott") and defendants Howard Goldman, David Gulas, and H&H Wholesale Services, Inc. (collectively, "H&H"). ECF Nos. #63 , #65 , #66 , #67 . As discussed on the record, and as set forth in the attached order, the Court resolved several issues. The Court shall hold a telephone conference on December 5, 2017 at 3:30 p.m. After establishing contact with defendants' counsel, plaintiffs' counsel shall call the Court at (718) 613-2170. See Attached Order. Ordered by Magistrate Judge Lois Bloom on 11/14/2017. (DeAtley, Tavish)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 11/14/2017 (FTR Log #2:09-3:27.) (DeAtley, Tavish) |
| Filing 67 Letter Amending our November 10 letter to Judge Bloom regarding outstanding discovery issues by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Maxman, Melissa) |
| Filing 66 Letter to Judge Bloom in response to Order to reproduce document PTFS00000545 for in camera review by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Maxman, Melissa) |
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ORDER: On November 9, 2017, H&H produced a two-page document for the Court's in camera review. However, the second page of the document, PTFS00000545, is incomplete or was scanned incorrectly (the top corner of the document is cut off). H&H shall reproduce PTFS00000545 to the Court immediately with an ex parte letter explaining why the document was produced in such a manner. H&H has permission to email the documents to my chambers. Ordered by Magistrate Judge Lois Bloom on 11/13/2017. (DeAtley, Tavish)
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| Filing 65 Letter addressed to Judge Bloom regarding outstanding discovery issues and in response to Abbott's November 6 letter by Howard Goldman, David Gulas, H&H Wholesale Services, 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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit K Attachment) (Maxman, Melissa) |
| Filing 64 ANSWER to #1 Complaint,, by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Maxman, Melissa) |
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ORDER In advance of the November 14th conference, H&H shall produce the two-page document referenced in Abbott's November 6, 2017 letter, ECF No. #63 , to the Court for in camera review by 5:00 p.m. on November 9, 2017. See ECF No. 63-24 (identifying the document as PTFS00000544-PTFS00000545). Ordered by Magistrate Judge Lois Bloom on 11/8/2017. (DeAtley, Tavish) Modified on 11/8/2017 (Doody, Sara).
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SCHEDULING ORDER: re #63 Letter,,, Sealed,, filed by Abbott Diabetes Care Sales Corporation, Abbott Diabetes Care Inc., Abbott Laboratories: By letter dated November 6, 2017, Abbott requests a conference to address outstanding discovery issues involving the H&H defendants. ECF No. #63 . The H&H defendants shall file any response by November 10, 2017. Abbott and H&H shall provide the Court with a courtesy copy of their letters along with any attached exhibits. The Court shall hold a conference on November 14, 2017 at 2:00 p.m. in Courtroom 11A South. Ordered by Magistrate Judge Lois Bloom on 11/7/2017. (DeAtley, Tavish) Modified on 11/8/2017 (Doody, Sara).
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| Filing 63 Letter addressed to Judge Bloom regarding certain outstanding discovery issues to be addressed simultaneously (in cases: 17-3095 and 15-5826) by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y) (Potter, Geoffrey) |
| Minute Entry for status conference held before Judge Carol Bagley Amon on November 2, 2017. Appearances: For Plaintiffs - Geoffrey Potter and Timothy Waters. For Defendants - Melissa H. Maxman. As stated on the record, the Court will hold a hearing on Plaintiffs' motion for a preliminary injunction on January 16, 2018. By January 5, 2018, the parties shall submit to the Court (1) lists of the witnesses and exhibits they plan to call and present at the hearing, and (2) memoranda supporting and opposing Plaintiffs' motion. Should the parties wish to conduct discovery in the interim, they may work out a schedule with Magistrate Judge Bloom. (Court Reporter Michele Lucchese.) (Angelatos, David) |
| Filing 62 Letter [CORRECTED] in response to H&H's letter requesting an adjournment of the status conference currently scheduled for 10/26/2017 at 4:00 p.m. #60 by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 61 Letter in response to H&H's letter requesting an adjournment of the status conference currently scheduled for 10/26/2017 at 4:00 p.m. #60 by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 60 Letter Regarding Status Conference Scheduling by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Maxman, Melissa) |
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RE-SCHEDULING ORDER: The Court grants defendant's request to adjourn the status conference set for October 26, 2017. The status conference will now take place on November 2, 2017 at 2:00 p.m. in Courtroom 10D South before Judge Carol Bagley Amon. So Ordered by Judge Carol Bagley Amon on October 25, 2017. (Angelatos, David)
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Status Conference set for October 26, 2017 at 4:00 p.m. in Courtroom 10D South before Judge Carol Bagley Amon. So Ordered by Judge Carol Bagley Amon on October 24, 2017. (Angelatos, David)
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| Filing 59 Letter to Judge Carol Bagley Amon from Geoffrey Potter dated October 23, 2017 in response to H&Hs letter dated October 15, 2017 (Filed Under Seal) by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T) (Potter, Geoffrey) |
| Filing 58 Letter in Response to Abbott's October 18, 2017 Letter by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Attachments: #1 Declaration of Danielle Morello, Esq., #2 Exhibit FedEx Tracking, #3 Exhibit FedEx Tracking) (Maxman, Melissa) |
| Filing 57 Letter in response to the 10/13/2017 H&H letter, notifying the Court of H&H's delay in providing a copy to counsel, and that Abbott will file a substantive response by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Attachments: #1 Exhibit A) (Waters, Timothy) |
| Filing 55 MOTION for Leave to Electronically File Document under Seal by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Maxman, Melissa) |
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Filing 54
ORDER GRANTING #53 NOTICE OF MOTION TO ADMIT COUNSEL PRO HAC VICE. The admitted attorney Luke Appling, a member of the firm Cohen & Gresser LLP and a member in good standing of the bar of the State of New York, as attorney pro hac vice, is permitted to argue or try this case in whole or in part as counsel for the Defendants H&H Wholesale Services, Inc.; Howard Goldman; and David Gulas. SO ORDERED by Magistrate Judge Lois Bloom, on 8/22/2017. (Latka-Mucha, Wieslawa)
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| Filing 53 MOTION for Leave to Appear Pro Hac Vice (Notice of Motion To Admit Counsel Pro Hac Vice - Luke Appling) Filing fee $ 150, receipt number 0207-9775485. by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Affidavit in Support, #2 Exhibit Certificate of Good Standing: Appellate Division - First Department) (Appling, Luke) |
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Filing 52
ORDER GRANTING #50 MOTION TO ADMIT COUNSEL PRO HAC VICE. The admitted attorney Melissa H. Maxman, a member of the firm Cohen & Gresser LLP and a member in good standing of the bars of the States of Pennsylvania and Maryland, and the District of Columbia, is permitted to argue or try this case in whole or in part as counsel for the Defendants H&H Wholesale Services, Inc.; Howard Goldman; and David Gulas. SO ORDERED by Magistrate Judge Lois Bloom, on 8/14/2017. (Latka-Mucha, Wieslawa)
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Filing 51
STIPULATION AND ORDER EXTENDING TIME TO ANSWER THE COMPLAINT: The H&H Defendants' time to answer or otherwise respond to the Complaint, whichcurrently ends on August 14,2017, shall be extended an additional 30 days, through and including September 13, 2017 (See order for details). Ordered by Judge Carol Bagley Amon on 8/10/2017. (Fernandez, Erica)
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| Motions terminated, docketed incorrectly (filed in error): #50 Motion to Appear by Telephone and #50 Motion to Alter Judgment; filed by H&H Wholesale Services, Inc., Howard Goldman, David Gulas. (Latka-Mucha, Wieslawa) |
| Filing 50 MOTION for Leave to Appear Pro Hac Vice (Notice of Motion To Admit Counsel Pro Hac Vice - Melissa H. Maxman) Filing fee $ 150, receipt number 0207-9749505; filed by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Attachments: #1 Affidavit in Support, #2 Exhibit - Certificate of Good Standing: Supreme Court of Pennsylvania, #3 Exhibit - Certificate of Good Standing: Court of Appeals of Maryland, #4 Exhibit - Certificate of Admission: District of Columbia Court of Appeals) (Maxman, Melissa) (Modified.) |
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Filing 49
STIPULATION AND ORDER, granting #48 Motion for an Extension of Time to Answer the Complaint. SO ORDERED by Magistrate Judge Lois Bloom, on 8/10/2017. (Defendants H&H Wholesale Services, Inc.; Howard Goldman; and David Gulas' answers due by 9/13/2017.) (Latka-Mucha, Wieslawa)
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| Filing 48 MOTION for Extension of Time to File Answer to the Complaint from August 14, 2017 to September 13, 2017. by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Tabak, Daniel) |
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Filing 47
CONSENT ORDER, granting #46 Motion to Substitute Attorney. Defendants H&H Wholesale Services, Inc.; Howard Goldman; and David Gulas substitute the law firm of Cohen & Gresser LLP as counsel of record in place of Alan Levine, Laura Grossfield Birger, Abigail Belknap Seidner, David Bright, and Lauren Gerber Lee of Cooley LLP. All pleadings and notices of hearings in the above-captioned proceedings must be served upon Daniel H. Tabak, Esq. SO ORDERED by Magistrate Judge Lois Bloom, on 8/3/2017. (Attorneys: Alan Levine, Laura Grossfield Birger, Abigail Belknap Seidner, David Bright, and Lauren Gerber Lee of Cooley LLP - terminated.) (Latka-Mucha, Wieslawa)
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| Filing 46 MOTION to Substitute Attorney / NOTICE of Consent to Change Attorney by Daniel Hershel Tabak (Consent Order Granting Substitution of Attorney) (Tabak, Daniel) (Modified) |
| Filing 45 TRANSCRIPT of Proceedings held on July 10, 2017, before Judge Bloom. Court Transcriber: Fiore Reporting and Transcription Service, Telephone number 203-929-9992. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017. (Rocco, Christine) |
| Filing 44 NOTICE of Appearance by Lauren Gerber Lee on behalf of Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (aty to be noticed) (Lee, Lauren) |
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SCHEDULING ORDER: re #42 Letter filed by Abbott Diabetes Care Sales Corporation, Abbott Diabetes Care Inc., Abbott Laboratories: By letter dated July 7, 2017, Abbott Laboratories ("Abbott") requests that today's telephone conference be held in person. #42 Abbott also "suggests that it would be sensible to adjourn the conference" to provide the "Court and the parties sufficient time to prepare for the conference[.]" Id. The request is granted in part and denied in part. The Court grants the request and converts today's 3:30 p.m. telephone conference to an in-person conference in Courtroom 11A South. The request to adjourn today's conference is denied. Ordered by Magistrate Judge Lois Bloom on 7/10/2017. (DeAtley, Tavish)
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ORDER denying #41 Motion for Protective Order: The Court held a status conference in this action on July 10, 2017 to address defendants' renewed motion for a protective order. (ECF No. #41 .) For the reasons stated on the record, defendants' motion is again denied without prejudice. The parties shall proceed with discovery and shall meet and confer to resolve any issues that arise. Ordered by Magistrate Judge Lois Bloom on 7/10/2017. (DeAtley, Tavish)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 7/10/2017 (Tape #3:51-4:56.) (DeAtley, Tavish) |
| Filing 42 Letter responding to defendant H&H's letter filed on 7/07/2017 and requesting a conference by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 41 Letter MOTION for Protective Order relating to entry #31 by H&H Wholesale Services, Inc.. (Birger, Laura) |
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Filing 40
ORDER Granting #39 Motion to Seal Document. So Ordered by Judge Carol Bagley Amon on 6/29/2017. (Manson, Eddie)
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| Filing 39 Letter MOTION to Seal Document #6 Declaration,, in particular Exhibits 9 & 12 by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Levine, Alan) |
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Filing 38
STIPULATION AND PROPOSED ORDER EXTENDING TIME TO ANSWER THE COMPLAINT re #37 Stipulation filed by H&H Wholesale Services, Inc., Howard Goldman, David Gulas. IT IS HEREBY STIPULATED AND AGREED by and between the undersignedcounsel for Plaintiffs Abbott Laboratories, Abbott Diabetes Care Inc., and Abbott Diabetes Care Sales Corporation (together, "Plaintiffs"), and counsel for defendants H&H Wholesale Services, Inc., Howard Goldman, and David Gulas (together, the "H&H Defendants"), as follows: The H&H Defendants' time to answer or otherwise respond to the Complaint, which currently ends on June 15, 2017, shall be extended an additional 60 days, through and including August 14, 2017. The Orders entered by this Court on May 23,2017 remain in force and effect.Signatures transmitted electronically or by facsimile shall be deemed original. So Ordered by Judge Carol Bagley Amon on 6/26/2017. (Almonte, Giselle)
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| Filing 37 STIPULATION re #16 Summons Returned Executed,, Sealed, Stipulation and Proposed Order Extending Time to Answer the Complaint by Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (Birger, Laura) |
| Filing 36 NOTICE of Appearance by Abigail Belknap Seidner on behalf of Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (aty to be noticed) (Seidner, Abigail) |
| Filing 35 NOTICE of Appearance by David James Bright on behalf of Howard Goldman, David Gulas, H&H Wholesale Services, Inc. (aty to be noticed) (Bright, David) |
| Filing 34 NOTICE by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories re #26 Order on Motion to Quash,,,,, (Plaintiffs' Return Listing the Inventory Seized From Defendants) (Potter, Geoffrey) |
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ORDER denying #31 Motion for Protective Order: The Court held a telephone conference in this action on June 22, 2017 to address defendants' motion for a protective order. (ECF No. 31.) For the reasons stated on the record, defendants' motion is denied without prejudice. The parties shall meet and confer to resolve the issues in dispute. If the parties resolve their issues, they should file a stipulated protective order. If the parties are unable to resolve their issues, they shall write to the Court by Noon on July 7, 2017, and the Court shall hold a telephone conference on July 10, 2017 at 3:30 p.m. Defendants' counsel shall arrange and initiate the conference call at that time. After establishing contact with plaintiffs' counsel, defendants' counsel shall contact the Court at (718) 613-2170. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 6/22/2017. (Doody, Sara)
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| Minute Entry for telephone conference held before Magistrate Judge Lois Bloom on 6/22/2017. (Tape #10:00 - 10:45.) (Doody, Sara) |
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SCHEDULING ORDER: Plaintiffs' counsel writes to request that the June 22, 2017 telephone conference be moved from 4:00 p.m. to some time at or before 12:00 p.m. (ECF No. 33.) The request is granted. The June 22, 2017 telephone conference shall begin at 10:00 a.m. Defendants' counsel is directed to arrange and initiate the conference call at that time. After establishing contact with plaintiffs' counsel, defendants' counsel shall contact the Court at (718) 613-2170. Ordered by Magistrate Judge Lois Bloom on 6/21/2017. (Doody, Sara)
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ORDER granting #33 Motion to Adjourn Conference. See June 21, 2017 Order above. Ordered by Magistrate Judge Lois Bloom on 6/21/2017. (Doody, Sara)
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| Filing 33 Letter MOTION to Adjourn Conference currently scheduled for 6/22/2017 by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
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SCHEDULING ORDER: The Court shall hold a telephone conference on June 22, 2017 at 4:00 p.m. Before that time, the Court expects the parties to meet and confer regarding defendants' request for a protective order. Defendants' counsel shall arrange and initiate the conference call. After establishing contact with plaintiffs' counsel, defendants' counsel shall contact the Court at (718) 613-2170. Ordered by Magistrate Judge Lois Bloom on 6/20/2017. (Doody, Sara)
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| Filing 32 Letter from Timothy A. Waters to Magistrate Bloom in response to H&H Defendants' June 16, 2017 letter motion for a protective order by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Attachments: #1 Exhibit A, #2 Exhibit B) (Waters, Timothy) |
| Filing 31 Letter MOTION for Protective Order by Howard Goldman, David Gulas, H&H Wholesale Services, Inc.. (Attachments: #1 Exhibit Order, #2 Exhibit Email dtd June 14, 2017) (Levine, Alan) |
| Filing 30 NOTICE of Appearance by Stanley R. Goodman on behalf of Delray Marketing, LLC (aty to be noticed) (Goodman, Stanley) |
| Filing 29 NOTICE of Appearance by Martin I. Saperstein on behalf of Able Wholesalers Of Tennessee, LLC, Dipromed LLC, Dream Cereal Inc. d/b/a Diabetessupplies4less.com, Drugplace, Inc. d/b/a International Consumer Corp., MC Distributors, LLC, Matrix Distributors, Inc., National Medical Management Inc., Product Performance Company, Inc., Saps Drug Wholesale, Inc., Save Rite Medical.com LLC, Sterling Distributors, Delray Marketing, LLC (aty to be noticed) (Saperstein, Martin) |
| Filing 28 NOTICE of Appearance by Stanley R. Goodman on behalf of Able Wholesalers Of Tennessee, LLC, Dipromed LLC, Dream Cereal Inc. d/b/a Diabetessupplies4less.com, Drugplace, Inc. d/b/a International Consumer Corp., Matrix Distributors, Inc., MC Distributors, LLC, National Medical Management Inc., Product Performance Company, Inc., Saps Drug Wholesale, Inc., Save Rite Medical.com LLC, Sterling Distributors (aty to be noticed) (Goodman, Stanley) |
| Filing 27 TRANSCRIPT of Proceedings held on June 14, 2017, before Judge Bloom. Court Transcriber: Transcription Plus II. Email address: laferrara44@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/6/2017. Redacted Transcript Deadline set for 7/17/2017. Release of Transcript Restriction set for 9/13/2017. (Rocco, Christine) |
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Filing 26
ORDER granting #19 , #24 , #25 Motion to Quash: For the reasons addressed on the record at today's telephone conference and in the attached Order, the Court grants the non-parties' Motion to Quash. See Attached Order. Ordered by Magistrate Judge Lois Bloom on 6/14/2017. (Doody, Sara)
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| Minute Entry for telephone conference held before Magistrate Judge Lois Bloom on 6/14/2017. (Tape #9:07 - 10:28.) (Doody, Sara) |
| Filing 25 MOTION to Quash Subpoena by Pharmsource LLC, Evergreen Wholesale Company, RockwayRX. (Attachments: #1 Memorandum of Law In Support of Motion to Quash Supoena) (Manson, Eddie) |
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SCHEDULING ORDER: The non-parties' motion to quash has been referred to me. The Court shall hold a telephone conference at 9:00 a.m. tomorrow, June 14, 2017. Plaintiffs' counsel is directed to arrange and initiate the conference call with defendants' counsel and counsel for all subpoenaed non-parties at that time. After establishing contact with defendants' counsel and counsel for the subpoenaed non-parties, plaintiffs' counsel shall contact the Court at (718) 613-2170. Ordered by Magistrate Judge Lois Bloom on 6/13/2017. (Doody, Sara)
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| MOTIONS REFERRED: As nonparties' motions to quash relate to discovery, they are appropriately addressed to the Honorable Lois Bloom, United States Magistrate Judge. (Bendheim, Gilad) |
| Filing 24 MOTION to Quash Subpoena by Ixthus Medical Supply, Inc.. (Attachments: #1 Exhibit A - Objection to Subpoena for Records on Behalf of Ixthus Medical Supply, Inc., #2 Sealing Cover Sheet) (Fernandez, Erica) filed by Frank J. Colucci. |
| Filing 23 DECLARATION of Geoffrey Potter, Esq. in Support of Plaintiff's Opposition to Nonparties' #19 MOTION to Quash, filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Fernandez, Erica) |
| Filing 22 MEMORANDUM in Opposition to Nonparties' #19 MOTION to Quash filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Attachments: #1 Sealing Cover Sheet) (Fernandez, Erica) |
| Filing 21 NOTICE of Appearance by Derrelle Marcel Janey on behalf of Ralph Amato, Coolrelic Inc, Howard Frank, HMF Distributing Inc, Perfecto Hallon, Medical Care Supplies Inc, Wholesale Diabetic Supplies Inc (aty to be noticed) (Manson, Eddie) |
| Filing 20 NOTICE of Appearance by Sarah A. Adam on behalf of HMF Distributing Inc, Wholesale Diabetic Supplies Inc, Howard Frank, Coolrelic Inc, Ralph Amato, Medical Care Supplies Inc, Perfecto Hallon (aty to be noticed) (Manson, Eddie) (Manson, Eddie). |
| Filing 19 Notice of Motion To Quash Nonparty Subpoenas (Attachments: #1 Memorandum of law in Support of Motion to Quash Subpoenas, #2 Certification of Derrelle M. Janey Esq, #3 Exhibit A, #4 Exhibti B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Certificate of Service) (Manson, Eddie) filed by Derrelle M. Janey. |
| Filing 18 [PROPOSED] ORDER OF PROTECTION FOR CONFIDENTIAL MATERIALS PRODUCED PURSUANT TO RULE 45 BY NON-PARTY (Attachments: #1 Letter from Geoffrey Potter, #2 Sealing Cover Sheet) (Manson, Eddie) |
| Filing 17 NOTICE of Appearance by Laura Grossfield Birger on behalf of Howard Goldman, David Gulas, H&H Wholesales Services, Inc. (aty to be noticed) (Attachments: #1 Sealing Cover Sheet) (Fernandez, Erica) |
| Filing 16 SUMMONS Returned Executed by Abbott Laboratories, Abbott Diabetes Care Sales Corporation, Abbott Diabetes Care Inc.. Howard Goldman served on 5/25/2017, answer due 6/15/2017; David Gulas served on 5/25/2017, answer due 6/15/2017; H&H Wholesales Services, Inc. served on 5/25/2017, answer due 6/15/2017. (Attachments: #1 Sealing Cover Sheet) (Manson, Eddie) |
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Filing 15
STIPULATION AND ORDER re #14 : The hearing date of June 6, 2017 at 11:00 a.m. set forth in this Court's Order to Show Cause, entered May 23, 2017 and this Court's Seizure Order entered May 23, 2017, shall be and hereby is adjourned to 9/19/2017 at 11:00 AM. Ordered by Judge Carol Bagley Amon on 6/5/2017. (Attachments: #1 Sealing Cover Sheet) (Fernandez, Erica)
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| Filing 14 STIPULATION AND [PROPOSED] ORDER by Plaintiffs and H&H Defendants: The hearing date of June 6, 2017 at 11:00 a.m. set forth in this Court's Order to Show Cause, entered May 23, 2017 and this Court's Seizure Order entered May 23, 2017, shall be and hereby is adjourned to - ; The adjourned hearing date shall be no less than 90 days, and as close to 90 days as the Court's schedule allows, following the original June 6, 2017 hearing date; The Orders entered by this Court on May 23, 2017 remain in force and effect; (Attachments: #1 Sealing Cover Sheet) (Fernandez, Erica) |
| Filing 13 NOTICE of Appearance by Alan Levine on behalf of Howard Goldman, David Gulas, H&H Wholesales Services, Inc. (aty to be noticed) (Attachments: #1 Sealing Cover Sheet) (Manson, Eddie) |
| Filing 12 Undertaking On Seizure Bond filed by Plaintiff. (Attachments: #1 Sealing Cover Sheet) (Manson, Eddie) |
| Minute Entry for the telephone conference held before Judge Carol Bagley Amon on May 25, 2017. Appearances: For plaintiff - Geoffrey Potter and Timothy Waters. For defendants - James DeLine, Jason Yert, and George Christopoulos. Parties called the Court when a dispute arose incident to the enforcement of the Seizure Order entered by this Court on May 23, 2017. The dispute concerned whether the Seizure Order requires UnitedLex -- plaintiff's independent third party charged under the Seizure Order with administering the document collection -- to review the documents and data on-site at defendants' office to determine whether they are related to merchandise bearing the FreeStyle Marks and only thereafter to copy those relevant documents or instead whether UnitedLex is permitted to image and copy all of defendants' computers and to subsequently determine whether the collected information is so-related. As stated on the record, the Court determined that plaintiff and UnitedLex are permitted to image all the files immediately and to thereafter make the determination of relatedness through their off-site document review process, per the procedure set out on page 6 of the Seizure Order. The Court further noted that in the event that a significant number of documents are sent to defendants' counsel for review, such that it would be difficult to make a privilege determination within the 24 hours allotted in the Seizure Order, that defendants may make an application to the Court for additional time to process the documents. (Court Reporter Linda Marino.) (Bendheim, Gilad). |
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Filing 11
Seizure Order (See Order.). So Ordered by Judge Carol Bagley Amon on 5/23/2017. (Attachments: #1 Sealing Cover Sheet) (Manson, Eddie)
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Filing 10
Expedited Discovery Order (See Order.). So Ordered by Judge Carol Bagley Amon on 5/23/2017. (Attachments: #1 Sealing Cover Sheet) (Manson, Eddie)
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Filing 9
ORDER TO SHOW CAUSE Why a preliminary injunction, Pursuant to Rule 65 of the Federal Rules of Civil Procedure, should not be issued enjoining defendants from using any of the FreeStlye Marks. (See Order.) Defendant shall respond on or before 6/1/2017. Plaintiff shall reply on or before 6/5/2017. All papers submitted in this action, including those heretofore submitted, shall be filed by the Clerk of the Court under seal, and shall remain filed under seal until further order of this Court Show Cause Hearing set for 6/6/2017 11:00 AM in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 5/23/2017. (Attachments: #1 Sealing Cover Sheet) (Manson, Eddie)
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| Filing 8 DECLARATION Plansky by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Attachments: #1 Exh. 1, #2 Exh. 2, #3 Exh. 3) (Bowens, Priscilla) |
| Filing 7 DECLARATION Cairl by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Attachments: #1 Exh. 1, #2 Exh. 2, #3 Exh. 3, #4 Exh. 4, #5 Exh. 5, #6 Exh. 6, #7 Exh. 7, #8 Exh. 8, #9 Exh. 9, #10 Exh. 10) (Bowens, Priscilla) |
| Filing 6 DECLARATION Potter by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Attachments: #1 Exh. 1, #2 Exh. 2, #3 Exh. 3, #4 Exh. 4, #5 Exh. 5, #6 Exh. 6, #7 Exh. 7, #8 Exh. 8, #9 Exh. 9, #10 Exh. 10, #11 Exh. 11a, #12 Exh. 11b, #13 Exh. 12, #14 Exh. 13, #15 Exh. 14, #16 Exh. 15, #17 Exh. 16, #18 Exh. 17, #19 Exh. 18, #20 Exh. 19, #21 Exh. 20, #22 Exh. 21, #23 Exh. 22, #24 Exh. 23) (Bowens, Priscilla) |
| Filing 5 Summons Issued as to Howard Goldman, David Gulas, H&H Wholesales Services, Inc.. (Bowens, Priscilla) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 3 Notice of Related Case (Bowens, Priscilla) |
| Filing 2 Unsigned Order to Show Cause by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Abbott Laboratories, Abbott Diabetes Care Sales Corporation, Abbott Diabetes Care Inc.. (Attachments: (EXHIBITS are bounded with case file) #1 Civil Cover Sheet, #2 Sealing Cover Sheet, #3 Declaration Frye, #4 Declaration Henderson, #5 Declaration Reid, #6 Declaration Speckin, #7 Declaration Krinsky, #8 Proposed Seizure Order, #9 Proposed Expedited Discovery Order, #10 Memorandum in Support) (Bowens, Priscilla) Modified on 5/23/2017 (Bowens, Priscilla). (Additional attachment(s) added on 5/23/2017: #11 Letter) (Bowens, Priscilla). |
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ORDER REASSIGNING CASE. Case reassigned to Judge Carol Bagley Amon and Magistrate Judge Lois Bloom for all further proceedings. Judge Ann M Donnelly, Magistrate Judge Peggy Kuo no longer assigned to 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. Ordered by Chief Judge Dora Lizette Irizarry on 5/23/2017. (Bowens, Priscilla)
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| FILING FEE: $ 400, receipt number 4653115228 (Bowens, Priscilla) |
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