Corso v. Concordia Healthcare, Inc.
| Joseph Corso |
| Concordia Healthcare, Inc. |
| 1:2021cv01459 |
| March 19, 2021 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Vera M Scanlon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 32 Letter Joint Status Letter by Concordia Healthcare, Inc. (Attachments: #1 Proposed Scheduling Order) (McNeely, Kaleb) |
ORDER granting #31 Motion to Stay. The stay of discovery will continue up to and including 5/1/2023. The parties are to file a status letter on or before 5/1/2023. If the case does not settle, the status letter must include a detailed schedule for discovery. Ordered by Magistrate Judge Vera M. Scanlon on 4/5/2023. (JR)
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| Filing 31 STATUS REPORT Joint by Concordia Healthcare, Inc. (McNeely, Kaleb) Modified on 4/5/2023 (JR). |
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ORDER. Discovery is stayed pending the outcome of the related Delaware action. The parties are to file a status letter by 4/3/2023 or within one week of the Delaware Court decision, whichever is sooner. Ordered by Magistrate Judge Vera M. Scanlon on 2/5/2023. (JR)
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| Filing 30 Letter Joint Letter by Concordia Healthcare, Inc. (Attachments: #1 Exhibit Proposed Scheduling Order) (McNeely, Kaleb) |
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ORDER granting #29 Motion to Stay. As previously discussed, the parties have dispositive motion practice pending in a related Delaware action, the decisions on which are likely to inform the litigation in New York. In order to preserve the parties' and judicial resources, discovery in this action is stayed pending developments in the Delaware action or other change in circumstances. On or before 1/31/2023 or within a week of a decision by the court in Delaware on the fully briefed motions, whichever is sooner, counsel will file joint status report with a proposed discovery schedule. Counsel do not anticipate significant fact discovery in the present action given the discovery that has already been conducted in the Delaware case, but there may be expert discovery needed in the New York action. Ordered by Magistrate Judge Vera M. Scanlon on 11/1/2022. (JR)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 10/31/2022. David B. Gordon appearing on behalf of Plaintiff. William J. Miller and Kaleb McNeely appearing on behalf of Defendant. See separate docket entry for Order. (FTR Log #12:37-12:43.) (JR) |
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SCHEDULING ORDER: Due to an unforeseen conflict in the Court's calendar, the 10/13/2022 Telephone Conference is rescheduled for 10/31/2022 at 12:30 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. As to the parties' request to stay deadlines in this case in #29 , the discovery schedule is stayed through the parties' next appearance on 10/31/2022. At the next appearance, the Court will discuss further scheduling. Ordered by Magistrate Judge Vera M. Scanlon on 10/5/2022. (NS)
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| Filing 29 Letter Joint Status Report by Concordia Healthcare, Inc. (McNeely, Kaleb) Modified on 10/5/2022 (NS). |
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ORDER. The Court is in receipt of the parties' joint proposed scheduling order, which is adopted as follows. Pleading amendment and joinder due by 7/13/22. On or before 10/19/22, the parties must complete fact discovery and serve expert disclosures. The parties will serve initial expert reports by 11/21/22 and rebuttal expert reports by 12/21/22. On or before 1/27/23, the parties must complete all discovery, including expert depositions, and file a joint letter certifying its close. On or before 2/24/23, any party commencing dispositive motion practice must do so in accordance with the Individual Rules of the presiding District Judge. On or before 3/31/23, the parties will file a Joint Proposed Pretrial Order. A Telephone Conference is set for 10/13/22 at 4:00 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. On or before 10/4/22, the parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Counsel will continue to endeavor to coordinate the discovery with the related Delaware action. Ordered by Magistrate Judge Vera M. Scanlon on 6/6/2022. (Lozar, Ryan)
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| Filing 28 Letter Joint status letter by Concordia Healthcare, Inc. (Attachments: #1 Proposed Order) (McNeely, Kaleb) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 5/26/2022. David B. Gordon appearing for Plaintiff. William J Miller and Kaleb McNeely appearing for Defendant. See separate docket entry for conference Order. (FTR Log #3:34 - 3:48.) (Dessources, Jose) |
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ORDER. Counsel will confer with each other about efficiencies that may be achieved in the discovery process by the sharing of discovery that has been produced in a related litigation in Delaware. On or before 6/3/22, counsel will submit a joint revised discovery schedule that takes into account the results of their discussion regarding Delaware discovery. Upon receipt, the Court will set dates for a status conference and dispositive motion practice. Counsels' submission will also state whether they request that the Court provide a referral to Court-annexed mediation or schedule a settlement conference, and whether such proposed discussions would seek to resolve this action only, or this action and the Delaware action in whole or in part. Ordered by Magistrate Judge Vera M. Scanlon on 5/26/2022. (Lozar, Ryan)
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| Filing 27 Proposed Scheduling Order by Joseph Corso (Gordon, David) |
| Filing 26 ANSWER to #1 Complaint by Concordia Healthcare, Inc.. (McNeely, Kaleb) |
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SCHEDULING ORDER: A Telephone Conference is set for 5/26/2022 at 3:30 PM before Magistrate Judge Vera M. Scanlon. On or before 5/17/2022, the parties will file a joint proposed schedule and the parties should also expect to discuss scheduling of settlement conference during the appearance. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge.Ordered by Magistrate Judge Vera M. Scanlon on 5/3/2022. (Dessources, Jose)
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| Minute Entry for oral argument held before Judge Carol Bagley Amon on May 2, 2022. Appearances: For plaintiff: David B. Gordon. For defendant: William J. Miller. As stated on the record, defendant's motion to dismiss, or, in the alternative, to transfer venue, is denied. The parties are directed to contact the chambers of Magistrate Judge Vera Scanlon to schedule a settlement conference. (Court Reporter Victoria Torres-Butler) (Edelman, Zachary) |
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SCHEDULING ORDER: Due to an unforeseen conflict, oral argument is rescheduled until today, May 2, 2022, at 3pm. SO ORDERED by Judge Carol Bagley Amon on May 2, 2022. (Edelman, Zachary)
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SCHEDULING ORDER: Due to an unforeseen conflict, oral argument is rescheduled until May 2, 2022 at 2pm. SO ORDERED by Judge Carol Bagley Amon on April 26, 2022. (Edelman, Zachary)
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| Filing 25 MEMORANDUM in Opposition re #17 MOTION to Dismiss filed by Joseph Corso. (Gordon, David) |
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ORDER: Plaintiff will file a supplemental brief limited to the issue of whether Corso is bound by the APA's forum selection clause as a third-party beneficiary by April 14, 2022. Oral argument is rescheduled for April 28, 2022 at 11:00 a.m. Ordered by Judge Carol Bagley Amon on 3/31/2022. (Edelman, Zachary)
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| Filing 24 Letter to Judge Carol Bagley Amon by Concordia Healthcare, Inc. (McNeely, Kaleb) |
| Filing 23 REPLY in Support re #17 MOTION to Dismiss filed by Concordia Healthcare, Inc.. (McNeely, Kaleb) |
| Filing 22 AFFIDAVIT/DECLARATION in Opposition re #17 MOTION to Dismiss filed by Joseph Corso. (Gordon, David) |
| Filing 21 AFFIDAVIT/DECLARATION in Opposition re #17 MOTION to Dismiss filed by Joseph Corso. (Gordon, David) |
| Filing 20 MEMORANDUM in Opposition re #17 MOTION to Dismiss filed by Joseph Corso. (Gordon, David) |
| Filing 19 AFFIDAVIT/DECLARATION in Support re #17 MOTION to Dismiss filed by Concordia Healthcare, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (McNeely, Kaleb) |
| Filing 18 MEMORANDUM in Support re #17 MOTION to Dismiss filed by Concordia Healthcare, Inc.. (McNeely, Kaleb) |
| Filing 17 MOTION to Dismiss by Concordia Healthcare, Inc.. (McNeely, Kaleb) |
| Filing 16 Letter to Plaintiff's Counsel re: Motion to Dismiss by Concordia Healthcare, Inc. (McNeely, Kaleb) |
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ORDER granting the parties' joint request #15 to stay discovery pending resolution of dispositive motion practice before the Court. Within 7 days of the motion's resolution, if the action is not dismissed, the parties will file a joint status report with proposed dates for a discovery conference. Ordered by Magistrate Judge Vera M. Scanlon on 1/24/2022. (Lozar, Ryan)
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| Filing 15 Letter Joint Status Letter by Concordia Healthcare, Inc. (McNeely, Kaleb) |
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SCHEDULING ORDER: Defendant's motion to dismiss shall be served on Plaintiff by February 4, 2022; Plaintiff's opposition shall be served on Defendant by March 4, 2022; Defendant's reply, if any, shall be served on Plaintiff by March 25, 2022. The parties are reminded to comply with this Court's Individual Rule 3(D), which provides that no motion papers shall be filed on the docket until the motion is fully briefed. Oral argument will be held April 8, 2022, at 11:00 a.m. in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on January 21, 2022. (Edelman, Zachary)
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STATUS REPORT ORDER: Within ten days of the date of this Order, counsel are to file a joint status letter as to the status of the mediation in this case and in the Delaware case, and if the case has not settled, their respective positions as to whether discovery should proceed during the briefing of the motion to dismiss. If the case has not settled, they should also file the proposed briefing schedule required by the 7/1/2021 Order. If the case has settled, counsel should file the stipulation of dismissal expeditiously. Ordered by Magistrate Judge Vera M. Scanlon on 1/13/2022. (Quinlan, Krista)
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| Filing 14 NOTICE of Appearance by William J Miller on behalf of Concordia Healthcare, Inc. (notification declined or already on case) (Miller, William) |
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ORDER granting #13 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 7/1/2021. (Lozar, Ryan)
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MINUTE ENTRY AND ORDER: A pre-motion conference was held on July 1, 2021 at 2:00pm before Judge Carol Bagley Amon. Appearances: For Plaintiff: David Gordon, Esq.; For Defendant: William Miller, Esq.; Kaleb McNeely, Esq.As stated on the record, the parties are encouraged to work towards resolving this case during the upcoming mediation in Corso v. Concordia Healthcare USA, Inc., No. 1:21-cv-00353-LPS (D. Del.). If the parties successfully resolve this matter, they shall file a stipulation of dismissal. Should the parties not resolve this matter in the Delaware mediation and if the Defendant wishes to proceed with the motion, the parties shall submit a proposed briefing schedule for Defendant's motion to dismiss. Ordered by Judge Carol Bagley Amon on July 1, 2021. (Court Reporter Anthony Frisolone.) (Marks, Aaron)
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| Filing 13 MOTION to Appear Pro Hac Vice for William J. Miller Filing fee $ 150, receipt number ANYEDC-14614836. by Concordia Healthcare, Inc.. (Attachments: #1 Declaration of William J. Miller, #2 Certificate of Good Standing) (Miller, William) |
| Filing 12 Letter Equity Earnout Agreement by Concordia Healthcare, Inc. (McNeely, Kaleb) |
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ORDER: Defendant's pre-motion conference letter #10 cites to an "Equity Earnout Agreement" which was purportedly "attached hereto." No such document was attached to the pre-motion conference letter, nor has any such document been filed. No later than June 29, 2021, Defendant shall file a copy of the referenced "Equity Earnout Agreement." Ordered by Judge Carol Bagley Amon on June 28, 2021. (Marks, Aaron)
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| Filing 11 RESPONSE to Motion re #10 Letter MOTION for pre motion conference filed by Joseph Corso. (Gordon, David) |
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ORDER granting #10 Motion for Pre Motion Conference: A pre-motion conference will be held via telephone on July 1, 2021 at 2:00 p.m. before Judge Carol Bagley Amon. Counsel are directed to call the toll free number 888-398-2342, no later than 1:50 p.m. on July 1, 2021, and enter the access code 1840743, followed by the pound key. These proceedings will be recorded by a court reporter. The attorneys are reminded that they are not to independently record any court proceedings, pursuant to Local Civil Rule 1.8. Ordered by Judge Carol Bagley Amon on 6/21/2021. (Marks, Aaron)
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| Filing 10 Letter MOTION for pre motion conference by Concordia Healthcare, Inc.. (McNeely, Kaleb) |
| Filing 9 Corporate Disclosure Statement by Concordia Healthcare, Inc. (McNeely, Kaleb) |
| Filing 8 NOTICE of Appearance by Kaleb McNeely on behalf of Concordia Healthcare, Inc. (aty to be noticed) (McNeely, Kaleb) |
| Filing 7 SUMMONS Returned Executed by Joseph Corso. Concordia Healthcare, Inc. served on 5/25/2021, answer due 6/15/2021. (Gordon, David) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 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 4 Summons Issued as to Concordia Healthcare, Inc.. (Bowens, Priscilla) |
| Filing 3 Proposed Summons. Re #1 Complaint by Joseph Corso (Gordon, David) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint by Joseph Corso (Gordon, David) |
| Filing 1 COMPLAINT against Concordia Healthcare, Inc. filing fee $ 402, receipt number ANYEDC-14293723 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Joseph Corso. (Gordon, David) |
| Case Assigned to Judge Carol Bagley Amon and Magistrate Judge Vera M. Scanlon. 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. (Bowens, Priscilla) |
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| Plaintiff: Joseph Corso | |
| Represented By: | David B. Gordon |
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| Defendant: Concordia Healthcare, Inc. | |
| Represented By: | Kaleb McNeely |
| Represented By: | William J Miller |
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