Asahi Kasei Pharma Corporation v. Endo Ventures Limited et al
| Asahi Kasei Pharma Corporation |
| Auxilium Pharmaceuticals LLC, Jubliant Hollisterstier LLC, Endo Ventures Limited and Endo Pharmaceuticals Inc. |
| 1:2019cv09060 |
| September 30, 2019 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 49 LETTER addressed to Judge Lorna G. Schofield from Paul Olszowka dated November 22, 2019 re: Notice of Appointment of Mediator. Document filed by Asahi Kasei Pharma Corporation.(Olszowka, Paul) |
| Filing 47 LETTER addressed to Judge Lorna G. Schofield from Tai-Heng Cheng dated November 19, 2019 re: response to Plaintiffs pre-motion letter (ECF No. 42). Document filed by Auxilium Pharmaceuticals LLC, Endo Pharmaceuticals Inc., Endo Ventures Limited.(Cheng, Tai-Heng) |
Filing 46
ORDER: It is hereby ORDERED that the parties shall select a mutually-agreed upon private mediator and shall file a joint letter updating the Court as to this selection by November 22, 2019. It is further ORDERED that the Court's order at Dkt. No. 41 requesting a Court-appointed mediator is STRICKEN because of the parties' intention to find a private mediator. The Clerk of Court is respectfully directed to advise the assigned mediator of this development. It is further ORDERED that the deadline for completion of mediation is hereby extended from December 5, 2019, to December 22, 2019. The parties shall conclude the mediation by December 22, 2019, or shall file a joint letter expressing mutual agreement that the mediation is productive and seeking an appropriate extension, or stating that at least one party believes that the mediation should be halted and the litigation should proceed. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/18/2019) (cf) Transmission to Mediation Clerk for processing.
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| Filing 45 JOINT LETTER addressed to Judge Lorna G. Schofield from Paul Olszowka dated November 14, 2019 re: Appoint Retained Mediator. Document filed by Asahi Kasei Pharma Corporation.(Olszowka, Paul) |
| Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 11/5/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 43 TRANSCRIPT of Proceedings re: ARGUMENT held on 11/5/2019 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. 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. Redaction Request due 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020.(McGuirk, Kelly) |
| Filing 42 LETTER addressed to Judge Lorna G. Schofield from Paul Olszowka dated November 13, 2019 re: Motion to Dismiss Counterclaim. Document filed by Asahi Kasei Pharma Corporation.(Olszowka, Paul) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/5/2019.(mf) |
| ***STRICKEN DOCUMENT. Deleted the PDF as well as the entry attached to document number 41 from the case record. The document was stricken from this case pursuant to #46 Order as well as chambers. (cf) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference and Show Cause Hearing held on 11/5/2019. (Court Reporter Kris Sellin) (jcs) |
| Filing 40 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Asahi Kasei Pharma Corporation, by and through its undersigned counsel, hereby gives notice that defendant Jubilant HollisterStier LLC is voluntarily dismissed, without prejudice, from the above-captioned action.* Jubliant Hollisterstier LLC terminated. (Signed by Judge Lorna G. Schofield on 11/4/2019) (cf) |
| Filing 39 LETTER addressed to Judge Lorna G. Schofield from Craig M. Flanders dated 11/1/19 re: Notice of Voluntary Dismissal as to Defendant Jubilant HollisterStier, LLC.. Document filed by Jubliant Hollisterstier LLC.(Flanders, Craig) |
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Filing 38
ORDER re: #37 Letter, filed by Asahi Kasei Pharma Corporation, #21 Order to Show Cause: WHEREAS, on October 31, 2019, the parties submitted a joint letter addressing the presentation of witness testimony at the forthcoming order to show cause hearing, currently scheduled for November 5, 2019, at 10:45 a.m. (Dkt. Nos. 21, 37). It is hereby ORDERED that the order to show cause hearing currently scheduled for November 5, 2019, at 10:45 a.m. will take place as scheduled. The Court will not hear live testimony at the hearing, and in the event there are disputed facts material to the determination of the preliminary injunction motion, the Court will schedule an evidentiary hearing to take place on a later date. (Signed by Judge Lorna G. Schofield on 10/31/2019) (jwh)
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| Filing 37 JOINT LETTER addressed to Judge Lorna G. Schofield from Paul Olszowka dated October 31, 2019 re: seek direction from Court concerning anticipated duration and scope of Show Cause Hearing. Document filed by Asahi Kasei Pharma Corporation.(Olszowka, Paul) |
| Filing 36 JOINT LETTER addressed to Judge Lorna G. Schofield from Paul Olszowka dated October 29, 2019 re: Initial Pretrial Conference. Document filed by Asahi Kasei Pharma Corporation. (Attachments: #1 Exhibit Civil Case Management Plan and Scheduling Order)(Olszowka, Paul) |
| Filing 35 DECLARATION of Mark Bradley in Opposition re: #10 MOTION for Preliminary Injunction and plaintiff's notice of motion.. Document filed by Auxilium Pharmaceuticals LLC, Endo Pharmaceuticals Inc., Endo Ventures Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Jackson, Martin) |
| Filing 34 DECLARATION of Martin B. Jackson in Opposition re: #10 MOTION for Preliminary Injunction and plaintiff's notice of motion.. Document filed by Auxilium Pharmaceuticals LLC, Endo Pharmaceuticals Inc., Endo Ventures Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Jackson, Martin) |
| Filing 33 MEMORANDUM OF LAW in Opposition re: #10 MOTION for Preliminary Injunction and plaintiff's notice of motion. . Document filed by Auxilium Pharmaceuticals LLC, Endo Pharmaceuticals Inc., Endo Ventures Limited. (Jackson, Martin) |
| Filing 32 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Jubliant Hollisterstier LLC. Document filed by Asahi Kasei Pharma Corporation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Olszowka, Paul) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #32 Notice of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 31 ANSWER to #1 Complaint,., COUNTERCLAIM against Asahi Kasei Pharma Corporation. Document filed by Auxilium Pharmaceuticals LLC, Endo Pharmaceuticals Inc., Endo Ventures Limited.(Cheng, Tai-Heng) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Brian W. Lewis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17829776. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 30 MOTION for Brian W. Lewis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17829776. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asahi Kasei Pharma Corporation. (Attachments: #1 Affidavit, #2 Supplement, #3 Text of Proposed Order)(Lewis, Brian) |
| Filing 29 MOTION for Ethan William Chun Craig to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Asahi Kasei Pharma Corporation. (Attachments: #1 Affidavit of Ethan Craig, #2 Indiana Certificate of Good Standing, #3 New York Certificate of Good Standing, #4 Proposed Order)(Craig, Ethan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Ethan William Chun Craig to Appear Pro Hac Vice Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
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Filing 28
ORDER granting in part and denying in part #27 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED in part. The deadline for all Defendants to respond to Plaintiff's motion for preliminary injunction is hereby extended from October 25, 2019, to October 28, 2019. No further extension will be granted absent extraordinary circumstances. Responses due by 10/28/2019 (Signed by Judge Lorna G. Schofield on 10/21/2019) (cf)
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| Filing 27 LETTER MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Preliminary Injunction and plaintiff's notice of motion., #11 Memorandum of Law in Support addressed to Judge Lorna G. Schofield from Craig M. Flanders dated 10/18/2019. Document filed by Jubliant Hollisterstier LLC.(Flanders, Craig) |
| Filing 26 NOTICE OF APPEARANCE by Craig Matthew Flanders on behalf of Jubliant Hollisterstier LLC. (Flanders, Craig) |
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. The deadline to respond to Plaintiff's motion for preliminary injunction is hereby extended from October 18, 2019, to October 25, 2019. Responses due by 10/25/2019 (Signed by Judge Lorna G. Schofield on 10/16/2019) (cf)
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| Filing 24 LETTER MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Preliminary Injunction and plaintiff's notice of motion. addressed to Judge Lorna G. Schofield from Martin B Jackson dated October 15, 2019. Document filed by Auxilium Pharmaceuticals LLC, Endo Pharmaceuticals Inc., Endo Ventures Limited.(Jackson, Martin) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons, Verified Complaint for Injunctive and Other Relief, Notice of Motion for Preliminary Injunction, Order to Show Cause, Declaration of Michiro Yamamoto and Exhibits served on Jubilant Hollisterstier, LLC on October 7, 2019. Service was accepted by Annika Mattson, Secretary. Document filed by Asahi Kasei Pharma Corporation. (Olszowka, Paul) |
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Filing 22
ORDER: Initial Conference set for 11/5/2019 at 10:40 AM in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/8/2019) (mro)
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Filing 21
ORDER TO SHOW CAUSE: WHEREAS, on October 4, 2019, the Court ordered Defendants to show cause before this Court on October 29, 2019, at 10:45 a.m. why a preliminary injunction should not be entered requiring Defendants to comply with and complete delivery of the products identified in the purchase orders attached as Exhibit 1 of the Complaint; it is hereby ORDERED that the show cause hearing is hereby adjourned to November 5, 2019, at 10:45 a.m. (Show Cause Hearing set for 11/5/2019 at 10:45 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/8/2019) (rro)
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| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Endo International plc, Corporate Parent Generics International (US) 2, Inc., Corporate Parent Endo Pharmaceuticals Inc., Other Affiliate Blackrock Institutional Trust Company, N.A., Other Affiliate The Vanguard Group, Inc. for Auxilium Pharmaceuticals LLC. Document filed by Auxilium Pharmaceuticals LLC.(Jackson, Martin) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Endo International plc, Other Affiliate Blackrock Institutional Trust Company, N.A., Other Affiliate The Vanguard Group, Inc. for Endo Pharmaceuticals Inc.. Document filed by Endo Pharmaceuticals Inc..(Jackson, Martin) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Endo International plc, Corporate Parent Endo DAC, Other Affiliate Blackrock Institutional Trust Company, N.A., Other Affiliate The Vanguard Group, Inc. for Endo Ventures Limited. Document filed by Endo Ventures Limited.(Jackson, Martin) |
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Filing 17
ORDER TO SHOW CAUSE: It is hereby ORDERED that the above named Defendants show cause before this Court at the United States Courthouse, Southern District of New York, 40 Centre Street, New York, New York, 10007, on October 29, 2019, at 10:45 a.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure requiring Defendants to comply with and complete delivery of the products identified in the purchase orders attached as Exhibit 1 of the Complaint. It is further ORDERED that Defendants shall file any papers in response by October 18, 2019. No reply shall be necessary. (As further set forth in this Order.) Show Cause Hearing set for 10/29/2019 at 10:45 AM before Judge Lorna G. Schofield. Show Cause Response due by 10/18/2019. (Signed by Judge Lorna G. Schofield on 10/4/2019) (cf)
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| Filing 16 NOTICE OF APPEARANCE by Tai-Heng Cheng on behalf of Auxilium Pharmaceuticals LLC, Endo Pharmaceuticals Inc., Endo Ventures Limited. (Cheng, Tai-Heng) |
| Filing 15 NOTICE OF APPEARANCE by Martin Brandon Jackson on behalf of Auxilium Pharmaceuticals LLC, Endo Pharmaceuticals Inc., Endo Ventures Limited. (Jackson, Martin) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Jubliant Hollisterstier LLC. (dnh) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Auxilium Pharmaceuticals LLC. (dnh) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Endo Pharmaceuticals Inc.. (dnh) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION for Preliminary Injunction and plaintiff's notice of motion. . Document filed by Asahi Kasei Pharma Corporation. (Olszowka, Paul) |
| Filing 10 MOTION for Preliminary Injunction and plaintiff's notice of motion. Document filed by Asahi Kasei Pharma Corporation.(Olszowka, Paul) |
| Filing 9 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Asahi Kasei Pharma Corporation. (Olszowka, Paul) Proposed Order to be reviewed by Clerk's Office staff. Modified on 10/3/2019 (dt). |
| Filing 8 DECLARATION of Michiro Yamamoto . Document filed by Asahi Kasei Pharma Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Olszowka, Paul) |
| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED TEMPORARY RESTRAINING ORDER. Notice to Attorney Paul Olszowka re: Document #9 Proposed Order to Show Cause With Emergency Relief was rejected by the Clerk's Office for the following reason, the Temporary Restraining Order should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php.. (dt) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Jubliant Hollisterstier, LLC, re: #1 Complaint,. Document filed by Asahi Kasei Pharma Corporation. (Olszowka, Paul) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Auxilium Pharmaceuticals, LLC, re: #1 Complaint,. Document filed by Asahi Kasei Pharma Corporation. (Olszowka, Paul) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Endo Pharmaceuticals Inc., re: #1 Complaint,. Document filed by Asahi Kasei Pharma Corporation. (Olszowka, Paul) |
| Filing 4 CIVIL COVER SHEET filed. (Olszowka, Paul) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Paul T. Olszowka to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Office was not selected. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Asahi Kasei Corporation for Asahi Kasei Pharma Corporation. Document filed by Asahi Kasei Pharma Corporation.(Olszowka, Paul) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed. (Olszowka, Paul) Modified on 10/1/2019 (pc). |
| Filing 1 COMPLAINT against Auxilium Pharmaceuticals LLC, Endo Pharmaceuticals Inc., Endo Ventures Limited, Jubliant Hollisterstier LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17687028)Document filed by Asahi Kasei Pharma Corporation. (Attachments: #1 Exhibit 1 - Purchase Order, #2 Exhibit 2 - August 5, 2019 Letter)(Olszowka, Paul) |
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