NYU Winthrop Hospital v. Microbion Corporation
| NYU Winthrop Hospital |
| Microbion Corporation |
| 2:2017cv06114 |
| October 20, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M Azrack |
| Gary R Brown |
| Arlene R Lindsay |
| Patent |
| 35 U.S.C. § 145 Patent Infringement |
| Plaintiff |
Docket Report
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ELECTRONIC ORDER denying #24 Motion for Discovery. Plaintiff's motion is denied with leave to renew. It is clear from the application and response, that plaintiff's counsel has not made a meaningful effort to meet and confer with defense counsel prior to filing the within application. Local Rule 37.3 and the undersigned's individual rules require the attorneys for the respective parties to confer in good faith in person or by telephone in an effort to resolve and/or narrow these issues prior to seeking judicial intervention. Such a meet and confer requires actual human contact as well as a clear indication of the movant's intended application to the court should the meet and confer fail to resolve such issues. Letter correspondence or emails between the parties will not suffice. Counsel are reminded of their obligation of professional cooperation and courtesy and are directed to review Local Civil Rule 26.4 "Cooperation Among Counsel in Discovery". Ordered by Magistrate Judge Gary R. Brown on 5/7/2018. c/ecf (Johnston, Linda)
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| Filing 25 RESPONSE to Motion re #24 Letter MOTION for Discovery filed by All Defendants. (Sullivan, Peter) |
| Filing 24 Letter MOTION for Discovery by NYU Winthrop Hospital. (Attachments: #1 Exhibit 1. 2014-04-02 Email from S. Hudak re NYU Winthrop Proposed Search Terms, #2 Exhibit 2. 2018-04-02 Letter from S. Kenny re Microbion Proposed Search Terms (and cover email), #3 Exhibit 3. 2018-04-06 Email from S. Hudak re Custodians List, #4 Exhibit 4. 2018-04-06 Letter from S. Kenny re Custodian List, #5 Exhibit 5. 2018-04-11 Email from S. Hudak re Custodians List, #6 Exhibit 6. 2018-04-17 Email from P. Sullivan re Custodians List, #7 Exhibit 7. 2018-04-18 Email from S. Hudak re Custodians List, #8 Exhibit 8. 2018-04-20 Letter from M. Quina re Custodians List, #9 Exhibit 9. 2018-04-22 Letter from S. Hudak re Custodian List, #10 Exhibit 10. 2018-04-24 Email from S. Kenny re Phase 2 Meet and Confer, #11 Proposed Order) (Hudak, Sandra) |
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ELECTRONIC ORDER granting #23 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. 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 that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 3/22/2018. C/ECF (Johnston, Linda)
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| Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10290165. by Microbion Corporation. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Notice of Motion To Admit Counsel Pro Hac Vice, #3 Affidavit in Support Of Motion to Admit Counsel Pro Hac Vice) (Quina, Marco) |
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ORDER granting #21 Motion to Substitute Attorney. Attorney James Brogan and Jason A. Lief terminated. Ordered by Magistrate Judge Gary R. Brown on 3/15/2018. (McMorrow, Karen)
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ELECTRONIC ORDER finding as moot #19 Motion to Compel; granting #22 Motion to Adjourn Conference. In view of the resolution reached by the parties, the hearing scheduled for 3/16/18 is cancelled and Defendant Microbion Corporation's motion is denied as moot. In addition, the proposed confidentiality order, DE 22-2, is hereby So Ordered. Ordered by Magistrate Judge Gary R. Brown on 3/15/2018. c/ecf (Johnston, Linda)
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| Filing 22 Letter MOTION to Adjourn Conference (Consented) re DI 19 scheduled for 3/16/2018 by NYU Winthrop Hospital. (Attachments: #1 Proposed Order - Redline of Magistrate Judge Brown's Form Confidentiality Order, #2 Proposed Order - Clean Version of Proposed Confidentiality Order) (Miro, Douglas) |
| Filing 21 MOTION to Substitute Attorney by Microbion Corporation. (Sullivan, Peter) |
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SCHEDULING ORDER: re #19 MOTION to Compel filed by Microbion Corporation, #20 Letter, filed by NYU Winthrop Hospital. Motion Argument set for 3/16/2018 at 10:00 AM in Courtroom 840 before Magistrate Judge Gary R. Brown. Ordered by Magistrate Judge Gary R. Brown on 2/26/2018. (McMorrow, Karen)
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| Filing 20 Letter Responding to DI 19 re Letter Addressed to the Honorable Magistrate Judge Gary R. Brown by NYU Winthrop Hospital (Attachments: #1 Redline of Magistrate Brown's Form Confidentiality Order, #2 Clean Version of Proposed Confidentiality Order) (Miro, Douglas) |
| Filing 19 Letter MOTIONAddressed to the Honorable Magistrate Judge Gary R. Brown by Microbion Corporation (Attachments: #1 Exhibit (A) Proposed Confidentiality Order, #2 Exhibit (B) Email from NYU Counsel Dated 2/2/2018, #3 Exhibit (C) Email from NYU Counsel Dated 2/9/2018, #4 Exhibit (D) Paper for NYU in the PTO) (Lief, Jason) Modified on 2/26/2018 (McMorrow, Karen). |
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ELECTRONIC ORDER granting #18 Motion for Discovery. The parties' proposed Stipulated Electronic Discovery Protocol is hereby So Ordered. Ordered by Magistrate Judge Gary R. Brown on 2/14/2018. c/ecf (Johnston, Linda)
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| Filing 18 Letter MOTION for Discovery (Consented) re Stipulated Electronic Discovery Protocol by NYU Winthrop Hospital. (Attachments: #1 Stipulated Electronic Discovery Protocol) (Miro, Douglas) |
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Filing 17
SCHEDULING ORDER Granting re: #16 Proposed Scheduling Order. So Ordered by Judge Joan M. Azrack on 2/6/2018. (Ortiz, Grisel)
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| Filing 16 Letter regarding Joint Proposed Scheduling Order by NYU Winthrop Hospital (Attachments: #1 Proposed Scheduling Order) (Miro, Douglas) |
| Filing 15 Minute Entry for proceedings held before Judge Joan M. Azrack:CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel For Plaintiff: Sandra Hudak, Doug Miro, Brian Comack, present. Counsel For Defendant: James Brogan, Jason Lief, present. Initial Conference Hearing held on 1/25/2018 at 10:30 AM. The #14 proposed discovery plan is approved. Any discovery disputes are respectfully referred to Judge Brown. (FTR Log #FTR: 10:30-10:33.) (Ortiz, Grisel) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting (Miro, Douglas) |
| Filing 13 ANSWER to #12 Answer to Complaint, Counterclaim by NYU Winthrop Hospital. (Miro, Douglas) |
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SCHEDULING ORDER: An Initial Conference is set for 1/25/2018 at 10:30 AM before Judge Joan M. Azrack in Courtroom 920 of the Long Island Courthouse. Counsel for the plaintiff is directed to submit a courtesy copy of the exhibits to the complaint to Chambers prior to the conference. Ordered by Judge Joan M. Azrack on 1/9/2018. (Posillico, Lauren)
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| Filing 12 ANSWER to #1 Complaint, , COUNTERCLAIM against NYU Winthrop Hospital by Microbion Corporation. (Lief, Jason) |
| Filing 11 Corporate Disclosure Statement by Microbion Corporation identifying Other Affiliate Microbion Pharma Corporation, Other Affiliate Microbion Biosciences Corporation for Microbion Corporation. (Lief, Jason) |
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ELECTRONIC ORDER granting #10 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. 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 that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 12/1/2017. C/ECF (Johnston, Linda)
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10012793. by Microbion Corporation. (Attachments: #1 Affidavit of James P. Brogan in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing - CA, #3 Certificate of Good Standing - CO) (Brogan, James) |
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ELECTRONIC ORDER granting #9 Motion for Extension of Time to Answer. The time for defendant Microbion Corporation to respond to the Complaint is extended to 12/20/2017. Ordered by Magistrate Judge Gary R. Brown on 11/9/2017. c/ecf (Johnston, Linda)
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| Filing 9 Letter MOTION for Extension of Time to File Answer re #1 Complaint, #8 Summons Returned Executed by Microbion Corporation. (Attachments: #1 Exhibit Signed Stipulation of Counsel) (Lief, Jason) |
| Filing 8 SUMMONS Returned Executed by NYU Winthrop Hospital. Microbion Corporation served on 10/27/2017, answer due 11/17/2017. (Miro, Douglas) |
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PATENT PILOT REASSIGNMENT ORDER. The Clerk of Court is directed to reassign this case from the patent pilot wheel. Ordered by Magistrate Judge Arlene R. Lindsay on 10/23/2017. c/ecf (Imrie, Robert)
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| CASE REASSIGNED INTO PATENT PILOT PROGRAM. Case reassigned to Magistrate Judge Gary R. Brown for all further proceedings. Magistrate Judge Arlene R. Lindsay no longer assigned to case. (McMahon, Carol) |
| Filing 7 NOTICE of Appearance by Brian A. Comack on behalf of NYU Winthrop Hospital (aty to be noticed) (Comack, Brian) |
| Filing 6 Summons Issued as to Microbion Corporation. (Rodin, Deanna) |
| Filing 5 Notice of Report on the filing of an action regarding a Patent. (Rodin, Deanna) |
| 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. (Rodin, Deanna) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Filing 2 NOTICE by NYU Winthrop Hospital of AO 120 Report on Filing of an Action Regarding Patents (Miro, Douglas) |
| Filing 1 COMPLAINT against Microbion Corporation filing fee $ 400, receipt number 0207-9918705 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by NYU Winthrop Hospital. (Attachments: #1 Exhibit U.S. Patent No. 9,408,393, #2 Exhibit U.S. Patent No. 9,028,878, #3 Exhibit U.S. Patent No. 8,389,021, #4 Civil Cover Sheet, #5 Proposed Summons) (Miro, Douglas) |
| This is a patent case and is eligible for the Patent Pilot Project. (Rodin, Deanna) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna) |
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