Boehringer Ingelheim Animal Health USA Inc. v. G.C. Hanford Manufacturing Co. et al
| Boehringer Ingelheim Animal Health USA Inc. |
| Pharmasphere, Inc., W.G. Critical Care, LLC and G.C. Hanford Manufacturing Co. |
| 5:2019cv00949 |
| August 2, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 28
ORDER DISMISSING CASE. Signed by Judge Brenda K. Sannes on 8/29/2019. (rjb, )
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| Filing 27 NOTICE by Boehringer Ingelheim Animal Health USA Inc. re #1 Complaint, #26 Stipulation and Order (Katz, Mitchell) |
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Filing 26
STIPULATION AND ORDER RE: SCHEDULE AGREEMENT. Signed by Judge Brenda K. Sannes on 8/22/2019. (rjb, )
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| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Settlement Conference held on 8/20/19. After a lengthy discussion the settlement conference was adjourned for the day. Parties will resume discussions tomorrow morning at 9:30 a.m. Participating in the conference for plaintiffs were Mitch Katz, Esq., Benjamin Nagin, Esq., Elizabeth Gates, Esq., Everett Hoekstra, Jim Thomas, Nina Dillon; for Defendant Pharmasphere & W.G. Critical were J. Christopher Jensen, Esq. and Diana Tate; for Defendant G.C. Hanford were Suzanne Galbato, Esq., Sarah Temes, Esq., Peter Hogan, Esq., George Hanford, Patricia Dalfo, and Andrew Zinger. (cam, ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Settlement Conference held on 8/21/2019. Settlement conference was resumed. After a lengthy discussion the matter was settled. An agreement was executed and was forwarded to District Judge Brenda K. Sannes for signature and filing. Plaintiff will file a stipulation of discontinuance shortly. Appearances included the same parties referenced in the previous minute entry. (cam, ) |
| TEXT NOTICE: The hearing previously scheduled for 8/21/2019 is hereby adjourned without date. (rjb, ) |
| Filing 25 RESPONSE in Support re #7 MOTION for Preliminary Injunction Supplemental Declaration of Jim Thomas in Further Support of Order to Show Cause for a Preliminary Injunction filed by Boehringer Ingelheim Animal Health USA Inc.. (Attachments: #1 Exhibit(s) E. 2015-09-16 Hanford Polyfex Supply contract BIVI (16 Sept 15), #2 Exhibit(s) F. 2018-01-04 Release Agmt, #3 Exhibit(s) G. G C Hanford Manufacturing Co_Termination of Supply Agmt of 9-16-15, #4 Exhibit(s) H. NCRB 2019-1 Approved, #5 Exhibit(s) I. FW_ Meeting Time for Thursday, #6 Exhibit(s) J. Material_Safety_Data_Sheet, #7 Memorandum of Law Plaintiff's Reply Memorandum of Law In Further Support of Its Order to Show Cause for a Peliminary Injunction)(Katz, Mitchell) |
| Filing 24 RESPONSE in Opposition re #7 MOTION for Preliminary Injunction filed by G.C. Hanford Manufacturing Co.. (Attachments: #1 Declaration of Zinger, #2 Declaration of Hanford, #3 Exhibit(s) Decl. of Hanford - Exh. A, #4 Exhibit(s) Decl. of Hanford - Exh. B, #5 Exhibit(s) Decl. of Hanford - Exh. C)(Galbato, Suzanne) |
| Filing 23 AFFIDAVIT in Opposition re #7 MOTION for Preliminary Injunction filed by Pharmasphere, Inc., W.G. Critical Care, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Jensen, J.) |
| Filing 22 RESPONSE in Opposition re #7 MOTION for Preliminary Injunction filed by Pharmasphere, Inc., W.G. Critical Care, LLC. (Jensen, J.) |
| ***Answer due date updated for Pharmasphere, Inc. answer due 9/3/2019; W.G. Critical Care, LLC answer due 8/29/2019. (mgh) |
| Filing 21 AFFIDAVIT of Service for Summons in a Civil Action, Complaint, Addendums A-G, JS-44 Civil Cover Sheet, Notice, General Order #25, Civil Case Management Plan, Case Assignment Form, Consent to the Exercise of Civil Jurisdiction by a Magistrate Judge, Notice to Parties of Court-Directed Mandatory Mediation Program, Order to Show Cause for a Preliminary Injunction, Declaration of Jim Thomas, Steven R. Boren and Mitchell J. Katz in Support of Plaintiff, Plaintiff's Memorandum of Law in Support of its Order to Show Cause for a Preliminary Injunction and Civil Docket Sheet served on Pharmasphere, Inc. c/o Joseph M. Pizza on August 12, 2019, filed by Boehringer Ingelheim Animal Health USA Inc.. (Nagin, Benjamin) |
| Filing 20 AFFIDAVIT of Service for Summons in a Civil Action, Complaint, Addendums A-G, JS-44 Civil Cover Sheet, Notice, General Order #25, Civil Case Management Plan, Case Assignment Form, Consent to the Exercise of Civil Jurisdiction by a Magistrate Judge, Notice to Parties of Court-Directed Mandatory Mediation Program, Order to Show Cause for a Preliminary Injunction, Declaration of Jim Thomas, Steven R. Boren and Mitchell J. Katz in Support of Plaintiff, Plaintiff's Memorandum of Law in Support of its Order to Show Cause for a Preliminary Injunction and Civil Docket Sheet served on W.G. Critical Care, LLC c/o Vincente Durante on August 8, 2019, filed by Boehringer Ingelheim Animal Health USA Inc.. (Nagin, Benjamin) |
| Set/Reset Hearings: The parties have requested and permission has been granted for Magistrate Judge David E. Peebles to preside over a mediation scheduled for 8/20/19 at 9:30 am in Syracuse, 10th floor. The mediation will address issues pertaining to a motion for preliminary injunction that is before me and currently scheduled to be heard on 8/21/19 at 2:00 p.m. At that mediation the parties are directed to appear in person, through counsel and, unless specifically excused by the court prior to the time of the conference, by a representative of the party with full authority to enter into binding agreements on behalf of that party in connection with this litigation. Authorized by District Judge Brenda K. Sannes. (cam, ) |
| Filing 19 NOTICE of Appearance by Elizabeth Gates on behalf of Boehringer Ingelheim Animal Health USA Inc. (Gates, Elizabeth) |
| Filing 18 NOTICE of Appearance by Benjamin R Nagin on behalf of Boehringer Ingelheim Animal Health USA Inc. (Nagin, Benjamin) |
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Filing 17
TEXT ORDER: Court has reviewed the docket. Plaintiff to file affidavits of service re: summons and complaint upon defendants Pharmasphere, Inc. and W.G. Critical Care, Inc. by 8/19/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/13/2019. (sg)
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Filing 16
TEXT ORDER: The Court has reviewed Dkt. Nos. #10 , #13 and #14 . The Motion Hearing currently set 8/14/2019 is hereby rescheduled for 8/21/2019 at 02:00 PM in Syracuse before Judge Brenda K. Sannes. Responses to the Motion are due by 8/15/2019 at 5:00 PM; any Reply is due by 8/19/2019 at 5:00 PM. SO ORDERED by Judge Brenda K. Sannes on 8/8/2019. (rjb, )
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| Filing 15 AFFIDAVIT of Service for S&C, GO #25, OSC w/supporting documents served on Suzanne O. Galbato on August 5, 2019, filed by Boehringer Ingelheim Animal Health USA Inc.. (Katz, Mitchell) |
| Filing 14 Letter Motion from Mitchell J. Katz for Boehringer Ingelheim Animal Health USA Inc. requesting Order to Show Cause not be adjourned submitted to Judge Brenda K. Sannes . (Katz, Mitchell) |
| Filing 13 Letter Motion from Suzanne O. Galbato, Esq. for G.C. Hanford Manufacturing Co. requesting that Hanford be afforded the same extension as Pharmasphere, Inc. and W.G. Critical Care, LLC submitted to Judge Brenda K. Sannes . (Galbato, Suzanne) |
| Filing 12 NOTICE of Appearance by Suzanne O. Galbato on behalf of G.C. Hanford Manufacturing Co. (Galbato, Suzanne) |
| Filing 11 NOTICE of Appearance by J. Christopher Jensen on behalf of Pharmasphere, Inc., W.G. Critical Care, LLC (Jensen, J.) |
| Filing 10 Letter Motion from J. Christopher Jensen for Pharmasphere, Inc., W.G. Critical Care, LLC requesting Extension of Time to Submit Opposition to Motion for Preliminary Injunction and Adjournment of Injunction Hearing submitted to Judge Brenda K. Sannes . (Jensen, J.) |
| Filing 9 CERTIFICATE OF SERVICE by Boehringer Ingelheim Animal Health USA Inc. re #4 G.O. 25 Filing Order,,, #7 MOTION for Preliminary Injunction , #8 Order Setting Hearing on Motion, (Katz, Mitchell) |
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Filing 8
ORDER Setting Hearing on #7 MOTION for Preliminary Injunction : Response to Motion due by 8/12/2019 at 5:00 PM; Reply to Response to Motion due by 8/14/2019 at 10:00 AM. Motion Hearing set for 8/14/2019 at 01:00 PM in Syracuse before Judge Brenda K. Sannes. Signed by Judge Brenda K. Sannes on 8/5/2019. (rjb, )
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| Filing 7 MOTION for Preliminary Injunction by Boehringer Ingelheim Animal Health USA Inc.. (Attachments: #1 Declaration Declaration of Jim Thomas, #2 Exhibit(s) A. 2016-09-15 Hanford Polyfex Supply contract BIVI, #3 Exhibit(s) B. 2019-05-31 Email from Hanford re sale of the line, #4 Exhibit(s) C. 2019-06-14 Hanford Ltr re sale of sterile fill line, #5 Exhibit(s) D. 2019-06-27 Ltr from Hanford, #6 Declaration Declaration of Steven R. Boren, #7 Declaration Declaration of Mitchell J. Katz, #8 Exhibit(s) A. July 31 2019 Letter from Sidley Austin LLP, #9 Exhibit(s) B. July 31, 2019 Letter from Sidley Austin LLP to WG Critical Care LLC, #10 Exhibit(s) C. - Ltr to Nagin 8.2.19, #11 Memorandum of Law Plaintiff's Memorandum of Law in Support of its Order to Show Cause for a Preliminary Injunction)(Katz, Mitchell) |
| Filing 6 NOTICE of Admission Requirement as to Party Boehringer Ingelheim Animal Health USA Inc; Attorney Elizabeth B. Gates, Esq, Email address is elizabeth.gates@sidley.com. Phone number is (212) 839-5300. Admissions due by 8/19/2019. {Sent Notice of Admission requirement via regular mail}(mgh) |
| Filing 5 NOTICE of Admission Requirement as to Party Boehringer Ingelheim Animal Health USA Inc; Attorney Benjamin R. Nagin, Esq., Email address is bnagin@sidley.com, Phone number is (212) 839-5300. Admissions due by 8/19/2019. {Sent Notice of Admission requirement via regular mail}(mgh) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/5/2019 10:00 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/29/2019. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed toprovide the Court with a telephone number where they may be reached for a conference call.(Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 3 Summons Issued as to G.C. Hanford Manufacturing Co., Pharmasphere, Inc., W.G. Critical Care, LLC. (Attachments: #1 Summons Issued as to Pharmasphere, Inc., #2 Summons Issued as to W.G. Critical Care, LLC)(mgh) |
| Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Boehringer Ingelheim Animal Health USA Inc. (mgh) |
| Filing 1 COMPLAINT against G.C. Hanford Manufacturing Co., Pharmasphere, Inc., W.G. Critical Care, LLC (Filing fee $400 receipt number ANYNDC-4820810) filed by Boehringer Ingelheim Animal Health USA Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Civil Cover Sheet)(mgh) |
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