The Pharma Partners, LTD v. Liposeuticals Inc.
| The Pharma Partners, LTD |
| Liposeuticals Inc. |
| 1:2019cv05735 |
| June 19, 2019 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 bc |
| None |
Docket Report
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Filing 12
ORDER terminating #4 MOTION to Dismiss the Complaint. The Clerk of the Court is respectfully directed to clear Dkt. No. 4 in the above-captioned case, which was resolved by Dkt. No. 11. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/13/2019) (jca)
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| Filing 11 AMENDED COMPLAINT against Liposeuticals Inc..Document filed by The Pharma Partners, LTD. (Attachments: #1 Exhibit A - contractual agreement between TPP and LSI, dated January 6, 2015, #2 Exhibit B - Nhwa announcement, dated June 15, 2016, #3 Exhibit C - Letter by TPP counsel, dated October 18, 2018)(Wagner, Stephen) |
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Filing 10
STIPULATION, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties herein, that: (1) Plaintiff The Pharma Partners, LTD. shall have until August 12, 2019 to file an Amended Complaint. (2) There have been no prior requests for an extension of time in connection with this matter. SO ORDERED. Motions terminated: #9 LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Alison J. Nathan from Stephen Wagner dated July 22, 2019. filed by The Pharma Partners, LTD. (Amended Pleadings due by 8/12/2019.) (Signed by Judge Alison J. Nathan on 7/23/2019) (kv)
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| Filing 9 LETTER MOTION for Extension of Time to Amend Complaint addressed to Judge Alison J. Nathan from Stephen Wagner dated July 22, 2019. Document filed by The Pharma Partners, LTD.(Wagner, Stephen) |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, October 18, 2019 at 3:15 pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) SO ORDERED. Initial Conference set for 10/18/2019 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 7/15/2019) (kv)
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Filing 7
ORDER: On July 11, 2019, Defendant Liposeuticals Inc. filed a motion to dismiss. Dkt. No. 3. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before July 21, 2019, Plaintiff must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiff is on notice that declining to amend its pleadings to timely respond to a fully briefed argument in the Defendant's July 11 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley Fin. (Jersey) No. 3 Ltd v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. (Signed by Judge Alison J. Nathan on 7/12/2019) (rj)
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| Filing 6 DECLARATION of Wesley J. Paul in Support re: #4 MOTION to Dismiss the Complaint.. Document filed by Liposeuticals Inc.. (Paul, Wesley) |
| Filing 5 AFFIDAVIT of Nian Wu in Support re: #4 MOTION to Dismiss the Complaint.. Document filed by Liposeuticals Inc.. (Paul, Wesley) |
| Filing 4 MOTION to Dismiss the Complaint. Document filed by Liposeuticals Inc.. (Attachments: #1 Defendant's Memorandum of Law in Support of Motion to Dismiss the Complaint, #2 Exhibit A - Email Chain)(Paul, Wesley) |
| Filing 3 CIVIL COVER SHEET filed. (Paul, Wesley) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Wesley Josiah Paul to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): no citizenship selection made for plaintiff; no courthouse selection was made; no Nature of Suit selected. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Wesley Josiah Paul. The following case opening statistical information was erroneously selected/entered: Dollar Demand $160,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; no dollar demand entered on civil cover sheet. (pne) |
| Filing 2 CIVIL COVER SHEET filed. (Paul, Wesley) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 652984/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17111207).Document filed by Liposeuticals Inc.. (Attachments: #1 Exhibit 1 - Complaint)(Paul, Wesley) |
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| Plaintiff: The Pharma Partners, LTD | |
| Represented By: | Stephen Wagner |
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| Defendant: Liposeuticals Inc. | |
| Represented By: | Wesley Josiah Paul |
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