Abbott Laboratories et al v. Frank
| Abbott Diabetes Care Sales Corporation, Abbott Diabetes Care Inc. and Abbott Laboratories |
| Matthew Frank |
| 1:2017cv06002 |
| October 13, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol Bagley Amon |
| Frederic Block |
| Lois Bloom |
| James Orenstein |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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SCHEDULING ORDER: As discussed on the record at the April 6, 2023 conference, the parties will proceed on the following schedule. Any Defendants opting to pursue settlement via a conference with the Magistrate Judge, rather than through private mediation, will schedule those conferences so as to be completed by 6/30/23. For those parties pursuing private mediation, a mediator will be selected by 5/30/23, a mediation schedule and any accompanying proposed order will be set and submitted by 6/30/23, and all mediations will be completed by 11/30/23. Jury selection and trial are set to begin for all plaintiffs and defendants on 1/16/24, with the parties' joint pretrial order due 1/5/24. In addition, the Court will hold a status conference on 9/22/23 at 4 p.m. in Courtroom 10D South for the parties to report on the status of mediation and settlement efforts as of that date. SO ORDERED by Judge Carol Bagley Amon on 4/6/23. (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 Defendant Frank. Status conference held in conjunction with conference in 15-cv-5826, Abbott v. Adelphia et al, related case proceeding on the same schedule. As discussed on the record, all parties are to pursue settlement efforts, including through settlement conferences with the Magistrate Judge and/or private mediation. A scheduling order will follow that sets the relevant deadlines as discussed and set on the record. (Court Reporter Andronikh Barna.) (WF) |
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SCHEDULING ORDER: An in-person status and scheduling conference will be held on 4/6/2023 at 2:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. Counsel for all parties are required to attend in person. The parties for related case 15-cv-5826, Abbott v. Adelphia et al., will also take part in the conference. A status conference in case 17-cv-3095, Abbott v. H&H et al., will immediately follow. Ordered by Judge Carol Bagley Amon on 2/23/2023. (WF)
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| Filing 55 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) |
| Filing 54 Letter to Judge Amon by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Attachments: #1 Exhibit A) (Potter, Geoffrey) |
| Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 31, 2020, before Judge Carol B. Amon. 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 3/10/2020. Redacted Transcript Deadline set for 3/20/2020. Release of Transcript Restriction set for 5/18/2020. (Danelczyk, Linda) |
| Filing 52 Letter to Judge Carol Bagley Amon requesting settlement conferences be rescheduled by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
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Minute Entry and Order: Minute entry for settlement conference held before Judge Carol Bagley Amon on January 31, 2020. Appearances: For Plaintiffs: Geoffrey Potter, William F. Cavanaugh, Timothy A. Waters, and R. James Madigan III. For Defendants H&H, Howard Goldman, Lori Goldman, HMF, Howard Frank, Wholesale Diabetic Supplies, Matthew Frank, Coolrelic, Ralph Amato, MISAR, Leslie Boeshart, NWholesaledeals, Gregory Sargent, Hsiu Sargent, Priority Care Pharmacy LLC, and Konie Minga: Derrelle M. Janey, Annie M. Friedman, Adam M. Federer, and David Dinoso. Marina Plotkin, who has previously represented Priority Care Pharmacy LLC and Konie Minga in this action, was also present and stated her intention to file substitution papers to appear again on their behalf; however, as of the time of the settlement conference, she had not yet filed such papers. For Defendants Adelphia, Reuven Sobel a/k/a Chaim Sobel, Yudah Neuman a/k/a Lenny Neuman, Moses Neuman, Value Wholesale, Primed, Matthew Ziegler, Med-Plus, and Roger Mezhibovsky: Richard Schurin and Megan Abner. For Defendants Ixthus and Karl Kuntsman: Jason Pilmaier. For Defendants Z Worldwide and Sam Zighelboim: Matt Trokenheim. For Defendants Globalmed and Paul Capper: Andrew Smith. For Defendants Able Wholesalers of Tennessee, Kevin Singer, Paul Leight, Dream Cereal, Douglas Hauck, Drugplace, Nachman Neil Feig, Massalah, Saad Haddad, Matrix, Christopher Benevent, Seth Grumet, SaveRite, Shie Greenfeld, and Marc Kaplan: Stanley R. Goodman (via telephone) and Martin Saperstein. For Defendants Amexpo, Hironori Mitsuishi, E-Pharm Wholesalers Inc., Eduardo Gil, Goodlife, Novex, Dennis Cantor, Xpress, and Muhammad Arif: Mohammed Gangat (via telephone). For Defendants Absolute Freight and Luis Soto: Robert J. Becerra (via telephone). For Defendants TAS Medical Supply Inc. and Tzvi Sklarz: Solomon E. Antar (via telephone). Settlement discussions were held on the record. The following settlement conferences are scheduled, to be held before Judge Carol Bagley Amon in Courtroom 10D South. On February 25, 2020, at 10:00 a.m., a conference with Plaintiffs and the Able Defendants, Dream Cereal Defendants, Matrix Defendants, and Save Rite Defendants. On February 26, 2020, at 10:30 a.m., a conference with Plaintiffs and the Ixthus Defendants. On February 26, 2020, at 12:00 p.m., a conference with Plaintiffs and the Z Worldwide Defendants. On March 10, 2020, at 10:00 a.m., a conference with Plaintiffs and the TAS Medical Supply Defendants. The parties are directed to ensure that a representative with settlement authority is present at these conferences, including a representative of the insurance carrier, if necessary. If Plaintiffs and any additional defendants wish to schedule individual settlement conferences before the Court, they may file a joint request for same on the docket. The Court will resolve the pending sanctions motion against the H&H Defendants in due course. If the Court grants the sanctions motion, the Court will set a briefing schedule on the issue of the sequencing of a damages inquest and trial. After the settlement conferences have concluded, the Court will set a schedule for submitting a Joint Pretrial Order. Ordered by Judge Carol Bagley Amon on 2/3/2020. (Court Reporter Linda Danelczyk.) (Cohn, Caroline)
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| Filing 51 Letter to Judge Carol Bagley Amon enclosing a Settlement Statement (Filed Under Seal) by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Attachments: #1 Plaintiffs' Exhibit A (Under Seal), #2 Plaintiffs' Exhibit B (Under Seal), #3 Plaintiffs' Exhibit C (Under Seal), #4 Plaintiffs' Exhibit D (Under Seal), #5 Plaintiffs' Exhibit E (Under Seal), #6 Plaintiffs' Exhibit F (Under Seal), #7 Plaintiffs' Exhibit G (Under Seal), #8 Plaintiffs' Exhibit H (Under Seal), #9 Plaintiffs' Exhibit I (Under Seal)) (Potter, Geoffrey) |
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ORDER: Any settlement statements submitted by the parties for purposes of the January 31, 2020 settlement conference must be filed by 5:00 p.m. tomorrow, January 29, 2020. Ordered by Judge Carol Bagley Amon on 1/28/2020. (Cohn, Caroline)
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| Filing 49 Letter to Judge Carol Bagley Amon re: clarification of points raised in defendants January 24, 2020 letter [Dkt. No. 1588 in 15-cv-5826] by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
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RESCHEDULING ORDER: The Settlement Conference previously scheduled for January 31, 2020, at 3:00 p.m. will now be held at 3:30 p.m. on the same date, January 31, in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 1/21/2020. (Cohn, Caroline)
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| Filing 48 Letter to Judge Carol Bagley Amon re: Settlement Status Update (Filed Under Seal) by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 47 Letter Judge Carol Bagley Amon re: Settlement Status Update by Matthew Frank (Janey, Derrelle) |
| Filing 46 Letter to Judge Carol Bagley Amon re: Request for Permission to Submit Status Update by Matthew Frank (Janey, Derrelle) |
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ORDER granting #46 : The request by the defendants represented by Gottlieb & Janey LLP, Goodman & Saperstein, and Stern & Schurin LLP (the "Wholesaler Defendants") for permission to file a status update regarding settlement discussions by January 17, 2020 is granted. Ordered by Judge Carol Bagley Amon on 1/16/2020. (Cohn, Caroline)
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RESCHEDULING ORDER: Due to a conflict in the Court's calendar, the settlement conference currently scheduled for January 17, 2020, is rescheduled for January 31, 2020, at 3:00 p.m., before Judge Carol Bagley Amon in Courtroom 10D South. Ordered by Judge Carol Bagley Amon on 12/20/2019. (Cohn, Caroline)
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ORDER: On November 21, 2019, the Court directed Defendants to submit a proposed amendment to the protective order that was entered in this case by December 2, 2019. Any objections to the proposed amendment by any party were due by December 9, 2019. On December 2, 2019, Defendants filed a proposed amendment #45 . No objections were filed. The Court adopts the proposed amendment. Ordered by Judge Carol Bagley Amon on 12/12/2019. (Cohn, Caroline)
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| Filing 45 Letter to Judge Carol Bagley Amon regarding Proposed Amendment to Protective Order by Matthew Frank (Janey, Derrelle) |
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Filing 44
MEMORANDUM AND ORDER, The Court thus resolves the parties' objection in the manner indicated above, for the reasons indicated above. The precise contours of the permanent injunction entered in this case are found in the attached order. So Ordered by Judge Carol Bagley Amon on 11/20/2019. (Attachments: #1 Permanent Injunction) (Lee, Tiffeny)
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| Minute Entry and Order: A pre-trial conference was held before Judge Carol Bagley Amon on November 21, 2019. Appearances: For Plaintiffs - Geoffrey Potter, Timothy Waters, and R. James Madigan III. For Defendants H&H, Howard Goldman, Lori Goldman, HMF, Howard Frank, WDS, Matthew Frank, Coolrelic, Ralph Amato, MISAR, Leslie Boeshart, NWholesaledeals, Gregory Sargent, Hsiu Sargent, Priority Care, and Konie Minga - Derrelle Janey. For Defendants Adelphia, Reuven Sobel, Yuda Neuman, Moses Neuman, Value Wholesale, Primed, Matthew Ziegler, Med-Plus, and Roger Mezhibovsky - Richard Schurin and Steven Stern. For Defendants Able, Kevin Singer, Paul Light, Dream Cereal, Douglas Hauck, Drugplace, Nachman Neil Feig, Massalah, Saad Haddad, Matrix, Christopher Benevent, Seth Grumet, Save Rite, Shie Greenfeld, and Mark Kaplan - Stanley Goodman. For Defendants Novex, Dennis Cantor, Amexpo, Hironi Mitsuishi, Xpress, Muhammad Arif, E-Pharm, Eduardo Gil, and Goodlife - Mohammad Gangat. For Defendants Ixthus and Karl Kuntsman - Jason Pilmaier. For Defendants Z Worldwide and Sam Zighelboim - Matthew Trokenheim. Defendants are directed to submit a proposed amendment to the protective order that was entered in this case by December 2, 2019. Any objection to the proposed amendment by any party is due by December 9, 2019. Plaintiffs are directed to prepare and produce to Defendants a document for the purposes of settlement showing the individual distribution chains of test-strip boxes, as further discussed on the record, by December 20, 2019. The parties are directed to confer regarding settlement after the production of the document. A settlement conference will be held in front of Judge Carol Bagley Amon on January 17, 2020, at 2:00 p.m., in Courtroom 10D South. The deadlines for the Joint Pre-trial Order are held in abeyance pending further notice. (Court Reporter Annette Montalvo) (Cohn, Caroline) |
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SCHEDULING ORDER re: #42 and #43 . A pretrial conference on the damages issues raised in the parties' letters is scheduled for November 21, 2019, at 3:00 p.m. in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 11/14/2019. (Cohn, Caroline)
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| Filing 43 Letter to Judge Carol Bagley Amon in response to the Wholesaler Defendants' letter of November 6, 2019 #42 by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 42 Letter to Judge Carol Bagley Amon Requesting Pretrial Briefing and Conference on Damages by Matthew Frank (Janey, Derrelle) |
| Filing 41 Letter addressed to Judge Amon in response to the Wholesaler Defendants' letter of November 4, 2019 by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 40 Letter to Judge Carol Bagley Amon regarding Abbott's Proposed Permanent Injunction by Matthew Frank (Janey, Derrelle) |
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ORDER: On October 7, 2019, Plaintiffs ("Abbott") submitted to this Court a proposed permanent injunction [1565-1]. If any Defendant believes that the proposed injunction is inconsistent with the Court's Memorandum and Order 1563 , such Defendant is directed to advise the Court as to these inconsistencies by November 4, 2019. Ordered by Judge Carol Bagley Amon on 10/21/2019. (Cohn, Caroline)
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ORDER granting #39 motion to amend the schedule for preparing and submitting a Joint Pretrial Order (JPTO). On consent of the parties, the motion is granted. The amended schedule is as follows: Abbott shall serve Defendants with a proposed Pretrial Order with attached schedules by December 13, 2019. Defendants shall serve Abbott with any additional schedules by January 6, 2020. Abbott shall file the final proposed JPTO with the Court by January 20, 2020. Ordered by Judge Carol Bagley Amon on 10/15/2019. (Cohn, Caroline)
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| Filing 39 Letter MOTION to Amend/Correct/Supplement #37 Memorandum & Opinion,, - Joint request to amend schedule regarding a Joint Pretrial Order by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
| Filing 38 Letter to Judge Carol Bagley Amon in accordance with the Court's September 30, 2019 Memorandum & Order (Dkt. No. 37) by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Attachments: #1 Proposed Permanent Injunction) (Potter, Geoffrey) |
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Filing 37
MEMORANDUM AND ORDER: To summarize, Abbott's motion for summary judgment is granted in part and denied in part, and defendants' motions for summary judgment are granted in part and denied in part, as follows (see order for details); Abbott is directed to submit a proposed permanent injunction consistent with this Memorandum & Order by October 7, 2019. The parties are directed to submit a Joint Pretrial Order by October 21, 2019.Ordered by Judge Carol Bagley Amon on 9/27/2019. (Fernandez, Erica)
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| Minute Entry for oral argument on Plaintiffs' motion for summary judgment #18 held before Judge Carol Bagley Amon on June 18, 2019. Appearances: For plaintiffs: Geoffrey Potter, Timothy Waters, and James Madigan. For defendant: Derelle Janey. The Court reserved decision. (Court Reporter Linda Marino.) (Wu, Michelle) Modified on 7/2/2019 to correct date hearing was held (Fernandez, Erica). |
| Filing 36 Letter to Judge Amon re: CD containing exhibits in support of Opposition to Abbott's Motion for Summary Judgment by Matthew Frank (Janey, Derrelle) |
| Filing 35 Letter re: CD containing an electronic copy of all exhibits submitted by Abbott in support of its motion for summary judgment and in opposition to defendants' summary judgment motions by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
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ORDER: Any parties who have not filed electronic exhibits in connection with their motion papers--whether moving, opposition, or reply--are directed to furnish chambers with a CD or USB drive containing an electronic copy of their exhibits by April 30, 2019. Each exhibit must be saved and labeled as a separate document. Any party who transmits a CD or USB drive to chambers is directed to file a letter on the docket specifying the exhibits contained therein. The parties are encouraged to coordinate to avoid submitting duplicate exhibits to the Court. So ordered by Judge Carol Bagley Amon on 4/16/2019. (Wu, Michelle)
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SCHEDULING ORDER: Oral argument on the parties' motions for summary judgment, 1363 , 1372 , 1397 , 1400 , 1401 , 1414 , 1418 , 1423 , 1448 , and 1499 in Case No. 15-cv-5826 and #18 in Case No. 17-cv-6002, is scheduled for June 18, 2019 at 2:00 pm in Courtroom 10D South before Judge Carol Bagley Amon. (Wu, Michelle)
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| Filing 34 RULE 56.1 STATEMENT re #18 MOTION for Summary Judgment - Responses and Objections to Plaintiffs' 56.1 Statement of Material Facts (Filed Under Seal) filed by Matthew Frank. (Janey, Derrelle) |
| Filing 33 AFFIDAVIT/DECLARATION in Opposition re #18 MOTION for Summary Judgment on behalf of Bill Iacovone (Filed Under Seal) filed by Matthew Frank. (Janey, Derrelle) |
| Filing 32 AFFIDAVIT/DECLARATION in Opposition re #18 MOTION for Summary Judgment on behalf of Howard Frank (Filed Under Seal) filed by Matthew Frank. (Attachments: #1 Exhibit A, #2 Exhibit B) (Janey, Derrelle) |
| Filing 31 MEMORANDUM in Opposition re #18 MOTION for Summary Judgment (Filed Under Seal) filed by Matthew Frank. (Janey, Derrelle) |
| Filing 30 Letter to Judge Carol Bagley Amon regarding service of courtesy copies of summary judgment and motion to exclude papers in accordance with Individual Rule 3(D) by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 29 AFFIDAVIT/DECLARATION in Support re #18 MOTION for Summary Judgment Declaration of Geoffrey Potter in Further Support of Motion for Summary Judgment filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
| Filing 28 RULE 56.1 STATEMENT - Abbott's Reply to Defendant's Response to Plaintiffs' Statement of Undisputed Material Facts filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
| Filing 27 REPLY in Support re #18 MOTION for Summary Judgment (Filed Under Seal) filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
| Filing 26 Letter regarding service of Reply papers pursuant to Judge Amon's Individual Rule 3(D) by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 25 DECLARATION of Geoffrey Potter in Opposition to Defendant's Motion for Summary Judgment by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 24 DECLARATION re #22 1 - Sealed Document CV, Memorandum in Opposition (Declaration of Timothy A. Waters) by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 23 RULE 56.1 STATEMENT - Response to the Moving Defendant's Statement of Material Facts Under Local Civil Rule 56.1 filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
| Filing 22 MEMORANDUM in Opposition to Defendants' Motions for Summary Judgment filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
| Filing 21 AFFIDAVIT/DECLARATION in Support re #18 MOTION for Summary Judgment filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
| Filing 20 RULE 56.1 STATEMENT re #18 MOTION for Summary Judgment filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
| Filing 19 MEMORANDUM in Support re #18 MOTION for Summary Judgment filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
| Filing 18 MOTION for Summary Judgment by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
| Filing 17 Letter MOTION for Extension of Time to File Response/Reply as to #16 Letter, #14 Letter jointly requesting extension of time to file reply brief in support of Motion for Summary Judgment by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
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ORDER granting #17 Motion for Extension of Time to File Reply. On consent of the parties, Abbott's reply brief is due on November 21, 2018. So ordered by Judge Carol Bagley Amon on 11/9/2018. (Wu, Michelle)
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| Filing 16 Letter Serving Opposition To Plaintiffs' Motion For Summary Judgment by Matthew Frank (Janey, Derrelle) |
| Filing 15 NOTICE of Appearance by Sarah A. Adam on behalf of Matthew Frank (aty to be noticed) (Adam, Sarah) |
| Filing 14 Letter to counsel pursuant to Judge Amon's Individual Rule 3(D) regarding service of Plaintiffs Motion For Summary Judgment by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
| Filing 13 Letter From Geoffrey Potter to Judge Amon Re: Proposed Briefing Schedule For Summary Judgment by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories (Potter, Geoffrey) |
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SCHEDULING ORDER: On consent of the parties as outlined in letter #13 , the following briefing schedule is set: Opening papers are due no later than July 27, 2018; Opposition papers are due no later than September 19, 2018; and any reply papers are due no later than November 14, 2018. Pursuant to this Court's local rules, all papers should be filed jointly on the docket no later than November 14, 2018. So Ordered by Judge Carol Bagley Amon on 7/9/2018. (Stern, Ethan)
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Filing 12
MEMORANDUM AND ORDER re #9 : For the reasons set forth above, the Court converts Frank's motion to dismiss to a motion for summary judgment, and denies Frank's motion to strike. The parties are directed to submit a proposed briefing schedule for summary judgment by July 9, 2018. Ordered by Judge Carol Bagley Amon on 7/2/2018. (Fernandez, Erica)
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| Filing 11 MEMORANDUM in Opposition re #9 Motion to Dismiss for Failure to State a Claim and MOTION to Strike #1 Complaint, filed by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Attachments: #1 Declaration of Geoffrey Potter, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O) (Potter, Geoffrey) |
| Filing 10 REPLY in Support re #9 Motion to Dismiss for Failure to State a Claim and MOTION to Strike #1 Complaint, filed by Matthew Frank. (Attachments: #1 Certificate of Service) (Janey, Derrelle) |
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Filing 9
Motion for Summary Judgment and, MOTION to Strike #1 Complaint, by Matthew Frank. (Attachments: #1 Declaration of Derrelle M. Janey, Esq. in Support, #2 Exhibit A to Janey Dec., #3 Exhibit B to Janey Dec., #4 Exhibit C to Janey Dec., #5 Exhibit D to Janey Dec., #6 Exhibit E to Janey Dec., #7 Affidavit of Howard Frank, #8 Exhibit to Frank Aff., #9 Exhibit to Frank Aff., #10 Memorandum in Support, #11 Certificate of Service) (Janey, Derrelle) Modified on 7/3/2018 as per order #12 dated July 2, 2018 by Judge Carol Bagley Amon. (Fernandez, Erica).
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| Filing 8 Letter Serving Motion to Dismiss Pursuant to Fed. R. Civ. P. Rules 12(b)(6), 8 and 9(b), and Motion to Strike Pursuant to Rule 12(f) by Matthew Frank (Janey, Derrelle) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 10/17/2017 (FTR Log #2:33-2:37.) (DeAtley, Tavish) |
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ORDER granting #6 Motion to Seal Document #1 Complaint: By letter-motion dated October 13, 2017, plaintiffs request that the Court seal the Complaint as "the Complaint incorporate[s] a substantial amount of information produced by the parties in the Related Action [entitled Abbott Laboratories, et al v. Adelphia Supply USA, et al, No. 15 CV 5826] under the designation 'Highly Confidential-Attorneys' Eyes Only.'" ECF No. #6 . On October 16, 2017, Judge Amon referred the motion to me. The Court held a telephone conference on October 17, 2017 to address plaintiffs' request. As discussed on the record, Derrelle Janey, counsel for defendant Matthew Frank, joins plaintiffs' application to seal the complaint. Accordingly, the request is granted. The parties shall comply with the briefing schedule set forth by Judge Amon in the Related Action. Ordered by Magistrate Judge Lois Bloom on 10/17/2017. (DeAtley, Tavish)
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ORDER REASSIGNING CASE. Case reassigned to Judge Carol Bagley Amon and Magistrate Judge Lois Bloom for all further proceedings. Judge Frederic Block, Magistrate Judge James Orenstein 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 10/16/2017. Motions referred to Lois Bloom. (Davis, Kimberly)
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ORDER REFERRING MOTION: #6 Letter MOTION to Seal Document #1 Complaint, filed by Abbott Diabetes Care Sales Corporation, Abbott Diabetes Care Inc., Abbott Laboratories. So Ordered by Judge Carol Bagley Amon on October 16, 2017. Motions referred to Lois Bloom. (Angelatos, David)
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| Filing 7 Notice of Report on the filing of an action regarding a Patent or Trademark. (Rocco, Christine) |
| Filing 6 Letter MOTION to Seal Document #1 Complaint, by Abbott Diabetes Care Inc., Abbott Diabetes Care Sales Corporation, Abbott Laboratories. (Potter, Geoffrey) |
| Filing 5 Notice of Related Case (Davis, Kimberly) |
| Filing 4 Summons Issued as to Matthew Frank. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Matthew Frank filing fee $ 400, receipt number 0207-9902483 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Abbott Laboratories, Abbott Diabetes Care Sales Corporation, Abbott Diabetes Care Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Potter, Geoffrey) |
| Case Assigned to Judge Frederic Block and Magistrate Judge James Orenstein. 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. (Davis, Kimberly) |
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