Bionpharma Inc. v. Corerx, Inc.
Plaintiff: Bionpharma Inc.
Defendant: Corerx, Inc.
Intervenor: Azurity Pharmaceuticals, Inc.
Case Number: 1:2021cv10656
Filed: December 13, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie Figueredo
Referring Judge: John G Koeltl
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 15, 2023 Opinion or Order Filing 243 STIPULATION OF DISMISSAL WITH PREJUDICE AND CONSENT ORDER DISCHARGING INJUNCTION BOND: IT IS HEREBY STIPULATED AND AGREED by and between the parties and their respective counsel that the above-captioned action and all claims and counterclaims asserted therein shall be and hereby are DISMISSED WITH PREJUDICE and without costs, pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii). This matter having been dismissed, it is stipulated and agreed, subject to approval by the Court, that the Injunction Bond posted by plaintiff Bionpharma as principal and Liberty Mutual Insurance Company as surety (ECF No, 110) is released, and said surety is discharged. SO ORDERED. (Signed by Judge John G. Koeltl on 5/15/2023) (ks) Transmission to Finance Unit (Cashiers) for processing. Modified on 5/16/2023 (ks).
May 15, 2023 Opinion or Order Case Stay Lifted. (ks)
May 15, 2023 Opinion or Order Filing 242 PROPOSED STIPULATION AND ORDER. Document filed by Corerx, Inc...(Robertson, Mark)
May 4, 2023 Opinion or Order Filing 241 ORDER granting #240 Letter Motion to Stay re: #240 JOINT LETTER MOTION to Stay or for a suspension of dates pending consummation of the settlement addressed to Judge John G. Koeltl from Charles A. Weiss dated May 3, 2023. This case is stayed until May 31, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 5/4/2023) (ks)
May 4, 2023 Opinion or Order Filing 240 JOINT LETTER MOTION to Stay or for a suspension of dates pending consummation of the settlement addressed to Judge John G. Koeltl from Charles A. Weiss dated May 3, 2023. Document filed by Bionpharma Inc...(Weiss, Charles)
May 4, 2023 Opinion or Order ***DELETED DOCUMENT. Deleted document number #241 ORDER. The document was incorrectly filed in this case. (ks)
May 2, 2023 Opinion or Order Filing 239 ORDER: The plaintiff may respond to the defendant's motion in limine, ECF No. 233, by May 8, 2023. The parties are directed to appear for a final pre-trial conference on May 17, 2023, at 4:30 P.M. Dial in: 888-363-4749, with access code 8140049. SO ORDERED. (Signed by Judge John G. Koeltl on 5/1/2023) ( Responses due by 5/8/2023, Telephone Conference set for 5/17/2023 at 04:30 PM before Judge John G. Koeltl.) (ks)
April 22, 2023 Opinion or Order Filing 238 MEMO ENDORSEMENT: on re: #237 Letter filed by Bionpharma Inc. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 4/22/2023) (ama)
April 21, 2023 Opinion or Order Filing 237 LETTER addressed to Judge John G. Koeltl from Charles A. Weiss dated April 21, 2023 re: requests the Court enter an order maintaining under seal the designation portions of CoreRx's motion papers. Document filed by Bionpharma Inc...(Weiss, Charles)
April 20, 2023 Opinion or Order Filing 236 ORDER GRANTING CORER.X'S MOTION TO SEAL granting #231 Motion to Seal. It is hereby: ORDERED that Defendant's Motion to Seal is GRANTED, and it is FURTHER ORDERED that (1) those portions highlighted in CoreRx's Memorandum of Law in Support of its Motion in Limine to Exclude Putative Expert Kurt Nielsen shall remain sealed in the public records of this case; (2) the entirety of Defendant CoreRx's Memorandum of Law in Support of its Motion in Limine to Exclude Putative Expert Kurt Nielsen shall remain sealed in the public records of this case until such time as Bionpharma can determine whether the entire memorandum of law should be under seal or any additional portions other than the highlighted portions should be redacted to stay under seal; (3) the entirety of Exhibit I (Expert Report) to the declaration of Mark A. Robertson (the "Robertson Decl.") shall remain sealed in the public records of this case; (4) those portions highlighted in Exhibit 2 (excerpts from the transcript of the deposition of Kurt Nielsen) to the Robertson Declaration shall remain sealed in the public records of this case; (5) the entirety of Exhibit 2 ( excerpts from the transcript of the deposition of Kurt Nielsen) to the Robertson Declaration shall remain sealed in the public records of this case until such time as Bionpharma can determine whether all excerpts from the deposition transcript should be under seal or any additional portions other than the highlighted portions should be redacted to stay under seal; and (6) the entirety of Exhibit 3 (CORERX_BION_00068651) to the Robertson Declaration shall remain sealed in the public records of this case. (Signed by Judge John G. Koeltl on 4/20/23) (yv)
April 19, 2023 Opinion or Order Filing 235 ***SELECTED PARTIES***DECLARATION of Mark A. Robertson in Support re: #233 MOTION in Limine to Exclude Putative Expert.. Document filed by Corerx, Inc., Bionpharma Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Motion or Order to File Under Seal: #231 .(Robertson, Mark)
April 19, 2023 Opinion or Order Filing 234 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #233 MOTION in Limine to Exclude Putative Expert. . Document filed by Corerx, Inc., Bionpharma Inc.. Motion or Order to File Under Seal: #231 .(Robertson, Mark)
April 19, 2023 Opinion or Order Filing 233 MOTION in Limine to Exclude Putative Expert. Document filed by Corerx, Inc...(Robertson, Mark)
April 19, 2023 Opinion or Order Filing 232 MEMORANDUM OF LAW in Support re: #231 MOTION to Seal (Unopposed). . Document filed by Corerx, Inc...(Robertson, Mark)
April 19, 2023 Opinion or Order Filing 231 MOTION to Seal (Unopposed). Document filed by Corerx, Inc...(Robertson, Mark)
April 13, 2023 Opinion or Order Filing 230 ORDER granting #228 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/13/2023) (tg)
April 12, 2023 Opinion or Order Filing 229 DECLARATION of Ajay Damani in Support re: #228 LETTER MOTION to Seal portions of Bionpharma's Proposed Findings of Fact and Conclusions of Law (Dkt. 220) addressed to Judge John G. Koeltl from Matthew Niss dated April 12, 2023.. Document filed by Corerx, Inc...(Niss, Matthew)
April 12, 2023 Opinion or Order Filing 228 LETTER MOTION to Seal portions of Bionpharma's Proposed Findings of Fact and Conclusions of Law (Dkt. 220) addressed to Judge John G. Koeltl from Matthew Niss dated April 12, 2023. Document filed by Corerx, Inc...(Niss, Matthew)
April 11, 2023 Opinion or Order Filing 227 MEMO ENDORSEMENT on re: #226 Letter, filed by Bionpharma Inc. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/11/2023) (ks)
April 10, 2023 Opinion or Order Filing 226 LETTER addressed to Judge John G. Koeltl from Charles A. Weiss dated April 10, 2023 re: for an order maintaining under seal CoreRx's Proposed Findings of Fact and Conclusions of Law (D.I. 223). Document filed by Bionpharma Inc...(Weiss, Charles)
April 10, 2023 Opinion or Order Filing 225 ORDER granting #222 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/10/2023) (ks)
April 7, 2023 Opinion or Order Filing 224 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Corerx, Inc...(Lauriello, Anthony)
April 7, 2023 Opinion or Order Filing 223 ***SELECTED PARTIES***PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Bionpharma Inc., Corerx, Inc..Motion or Order to File Under Seal: #222 .(Lauriello, Anthony)
April 7, 2023 Opinion or Order Filing 222 LETTER MOTION to Seal or Redact addressed to Judge John G. Koeltl from Anthony Lauriello dated April 7, 2023. Document filed by Corerx, Inc...(Lauriello, Anthony)
April 7, 2023 Opinion or Order Filing 221 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Bionpharma Inc...(Weiss, Charles)
April 7, 2023 Opinion or Order Filing 220 ***SELECTED PARTIES***PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Bionpharma Inc..Motion or Order to File Under Seal: #215 .(Weiss, Charles)
April 7, 2023 Opinion or Order Filing 219 PROPOSED PRE-TRIAL ORDER. Document filed by Bionpharma Inc.. (Attachments: #1 Appendix A - Bion Dep. Designations, #2 Appendix B - CoreRx Dep Designations, #3 Appendix C - Joint Exh. List, #4 Appendix D - Bion Exh. List, #5 Appendix E - CoreRx Exh. List).(Weiss, Charles)
April 7, 2023 Opinion or Order Filing 218 ***SELECTED PARTIES***PROPOSED PRE-TRIAL ORDER. Document filed by Bionpharma Inc.. (Attachments: #1 Appendix A - Bion Dep. Designations, #2 Appendix B - CoreRx Dep Designations, #3 Appendix C - Joint Exh. List, #4 Appendix D - Bion Exh. List, #5 Appendix E - CoreRx Exh. List) Motion or Order to File Under Seal: #215 .(Weiss, Charles)
April 7, 2023 Opinion or Order Filing 217 MEMORANDUM OF LAW in Support re: #215 MOTION to Seal (i) the Joint Pretrial Order, and (ii) Plaintiff Bionpharma Inc.'s Proposed Pretrial Findings of Fact and Conclusions of Law. . Document filed by Bionpharma Inc...(Weiss, Charles)
April 7, 2023 Opinion or Order Filing 216 DECLARATION of Charles A. Weiss in Support re: #215 MOTION to Seal (i) the Joint Pretrial Order, and (ii) Plaintiff Bionpharma Inc.'s Proposed Pretrial Findings of Fact and Conclusions of Law.. Document filed by Bionpharma Inc...(Weiss, Charles)
April 7, 2023 Opinion or Order Filing 215 MOTION to Seal (i) the Joint Pretrial Order, and (ii) Plaintiff Bionpharma Inc.'s Proposed Pretrial Findings of Fact and Conclusions of Law. Document filed by Bionpharma Inc.. (Attachments: #1 Text of Proposed Order to Seal).(Weiss, Charles)
April 7, 2023 Opinion or Order Filing 214 LETTER addressed to Magistrate Judge Valerie Figueredo from Jeffrey C. Bank dated April 7, 2023 re: status update on the deposition of Azurity's Executive Chairman and former CEO, Mr. Amit Patel. Document filed by Azurity Pharmaceuticals, Inc...(Bank, Jeffrey)
March 29, 2023 Opinion or Order Filing 213 MEMO ENDORSEMENT on re: #210 Letter filed by Corerx, Inc. ENDORSEMENT: The proposals are approved. The Court will have a better sense of the trial date after reviewing the parties filings due April 7, 2023. So Ordered. (Signed by Judge John G. Koeltl on 3/29/2023) (tg)
March 29, 2023 Opinion or Order Filing 212 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 03/21/2023 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... (nmo)
March 29, 2023 Opinion or Order Filing 211 TRANSCRIPT of Proceedings re: Conference held on 3/21/2023 before Magistrate Judge Valerie Figueredo. Court Reporter/Transcriber: Marissa Mignano,(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 4/19/2023. Redacted Transcript Deadline set for 5/1/2023. Release of Transcript Restriction set for 6/27/2023. (nmo)
March 28, 2023 Opinion or Order Filing 210 JOINT LETTER addressed to Judge John G. Koeltl from Anthony Lauriello dated March 28, 2023 re: logistical issues in anticipation of the bench trial. Document filed by Corerx, Inc...(Lauriello, Anthony)
March 24, 2023 Opinion or Order Filing 209 ORDER: Accordingly, fact discovery is reopened to permit Bionpharma to take Mr. Khanna's deposition. (Signed by Magistrate Judge Valerie Figueredo on 3/24/2023) (rro)
March 21, 2023 Opinion or Order Filing 208 NOTICE OF APPEARANCE by Matthew Niss on behalf of Corerx, Inc...(Niss, Matthew)
March 21, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo: Discovery Hearing held on 3/21/2023. (sjo)
March 16, 2023 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 3/16/2023. (Fletcher, Donnie)
March 16, 2023 Opinion or Order Filing 207 ORDER: As discussed during today's conference, CoreRx's request to file a motion for partial summary judgment with respect to Bionpharma's claim for lost profits, see ECF No. 200, is denied. The parties are reminded that they should submit a joint pre-trial order, together with proposed findings of fact and conclusions of law, by April 7, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 3/16/2023) ( Pretrial Order due by 4/7/2023.) (ks)
March 13, 2023 Opinion or Order Filing 206 ORDER granting #202 Letter Motion to Adjourn Conference. The matter will be adjourned to Thursday, March 16, 2023 at 11:00am. SO ORDERED. Telephone Conference set for 3/16/2023 at 11:00 AM before Judge John G. Koeltl.. (Signed by Judge John G. Koeltl on 3/13/2023) (kv)
March 13, 2023 Opinion or Order Filing 205 LETTER addressed to Judge John G. Koeltl from Charles A. Weiss dated March 13, 2023 re: telephonic pre-motion conference scheduled for March 15, 2023. Document filed by Bionpharma Inc.. (Attachments: #1 Supplement 1: E-mail Dated December 2, 2022, #2 Supplement 2: E-mail Dated December 6, 2022, #3 Supplement 3: E-mail Dated December 6, 2022).(Weiss, Charles)
March 10, 2023 Opinion or Order Filing 204 ORDER: A telephone conference is scheduled for March 15, 2023 at 11:00a.m. Dial-in: 888-363-4749, with access code 8140049. ( Telephone Conference set for 3/15/2023 at 11:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 3/10/2023) (ate)
March 9, 2023 Opinion or Order Filing 203 LETTER MOTION to Seal [respectfully submitted pursuant to March 6, 2023 Order (ECF No. 199)] addressed to Magistrate Judge Valerie Figueredo from Jeffrey C. Bank dated March 9, 2023. Document filed by Azurity Pharmaceuticals, Inc...(Bank, Jeffrey)
March 9, 2023 Opinion or Order Filing 202 LETTER MOTION to Adjourn Conference Scheduled for March 15th addressed to Judge John G. Koeltl from Mark A. Robertson dated March 9, 2023. Document filed by Corerx, Inc...(Robertson, Mark)
March 8, 2023 Opinion or Order Filing 201 ORDER granting #200 Motion for Conference re: #200 LETTER MOTION for Conference , re: pre-motion conference to discuss a motion for partial summary judgment addressed to Judge John G. Koeltl from Mark A. Robertson dated March 7, 2023. The parties are directed to appear, by phone, for a pre-motion conference on March 15, 2023, at 12:00 p.m. Dial-in: 888-363-4749, with access code 8140049. SO ORDERED.. (Signed by Judge John G. Koeltl on 3/8/2023) Telephone Conference set for 3/15/2023 at 12:00 PM before Judge John G. Koeltl. (ks)
March 7, 2023 Opinion or Order Filing 200 LETTER MOTION for Conference , re: pre-motion conference to discuss a motion for partial summary judgment addressed to Judge John G. Koeltl from Mark A. Robertson dated March 7, 2023. Document filed by Corerx, Inc...(Robertson, Mark)
March 6, 2023 Opinion or Order Filing 199 ORDER denying without prejudice #196 Letter Motion to Seal. Based on the standard set forth by the Second Circuit in Lugosch, CoreRx's letter motion to seal is DENIED without prejudice. The parties are permitted to submit a renewed letter motion to seal, articulating specifically why sealing is appropriate under the Lugosch standard. Any such letter motion should be submitted by Friday, March 13, 2023. The Clerk of Court is directed to maintain ECF Nos. 193 and 194-3 under seal pending submission of a renewed motion. The Clerk of Court is directed to terminate the motion at ECF No. 196. (Signed by Magistrate Judge Valerie Figueredo on 3/6/2023) (rro)
March 6, 2023 Opinion or Order Filing 198 ORDER SCHEDULING DISCOVERY CONFERENCE: A conference in this matter is hereby scheduled for March 21, 2023, at 10:00 a.m. to discuss the issues raised in the parties' letter briefs at ECF Nos. 193 and 197. Counsel for the parties are directed to call Judge Figueredo's AT&T conference line at the scheduled time. Please dial (888) 808-6929; access code 9781335 . Telephone Conference set for 3/21/2023 at 10:00 AM before Magistrate Judge Valerie Figueredo. (Signed by Magistrate Judge Valerie Figueredo on 3/6/2023) (rro)
March 6, 2023 Opinion or Order Set/Reset Deadlines: Motions due by 3/13/2023. (rro)
March 3, 2023 Opinion or Order Filing 197 ***SELECTED PARTIES*** RESPONSE re: #193 Letter, #195 Response, . Document filed by Corerx, Inc., Azurity Pharmaceuticals, Inc., Bionpharma Inc.. (Attachments: #1 Exhibit E)Motion or Order to File Under Seal: #196 .(Lauriello, Anthony)
March 3, 2023 Opinion or Order Filing 196 LETTER MOTION to Seal addressed to Magistrate Judge Valerie Figueredo from Anthony Lauriello dated March 3, 2023. Document filed by Corerx, Inc...(Lauriello, Anthony)
March 3, 2023 Opinion or Order Filing 195 RESPONSE re: #193 Letter, . Document filed by Corerx, Inc.. (Attachments: #1 Exhibit A - CORERX_BION_00069348, #2 Exhibit B - Excerpted Damani Transcript, #3 Exhibit C - R. Khanna Declaration, #4 Exhibit D - CORERX_BION_00067449, #5 Exhibit E - filed under seal, #6 Exhibit F - Excerpted Doerr Transcript).(Lauriello, Anthony)
February 24, 2023 Opinion or Order Filing 194 DECLARATION of Brian Murray in Support of Plaintiff's Local Rule 37.1 submission . Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit 1 - correspondence from CoreRx, #2 Exhibit 2 - Notice of Deposition, #3 Exhibit 3 - email from counsel for Bionpharma to counsel for CoreRx enclosing the subpoena, #4 Exhibit 4 - process server's affidavit, #5 Exhibit 5 - process server's affidavit, #6 Exhibit 6 - email from counsel for CoreRx confirming that they will accept service, #7 Exhibit 7 - CoreRxs Initial Disclosures, #8 Exhibit 8 - email from Rajiv Khanna to Hanok George, an attorney for Azurity, #9 Exhibit 9 - email from Rajiv Khanna to Hanok George, requesting comments).(Murray, Brian)
February 24, 2023 Opinion or Order Filing 193 LETTER addressed to Magistrate Judge Valerie Figueredo from Charles A. Weiss dated February 24, 2023 re: compliance with the letter briefing schedule outlined in our February 17 (D.I. 187) to address the issues raised by CoreRx concerning the deposition of attorney Rajiv Khanna.. Document filed by Bionpharma Inc...(Weiss, Charles)
February 23, 2023 Opinion or Order Filing 192 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/14/2023 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....(js)
February 23, 2023 Opinion or Order Filing 191 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/14/2023 before Magistrate Judge Valerie Figueredo. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 3/16/2023. Redacted Transcript Deadline set for 3/27/2023. Release of Transcript Restriction set for 5/24/2023. (js)
February 22, 2023 Opinion or Order Filing 190 MEMO ENDORSEMENT on re: #189 Letter, filed by Azurity Pharmaceuticals, Inc. ENDORSEMENT: Consistent with the discussion at the conference on February 14, 2023 and the order at ECF No. 186, Bionpharma is directed to coordinate with Azurity so that Mr. Patel is deposed once concerning the one common issue between the litigation here and in Delaware: the lawsuit between Bionpharma and CoreRX, and the settlement between Azurity and CoreRx. The parties should meet and confer to determine an appropriate time limit for the deposition. (Signed by Magistrate Judge Valerie Figueredo on 2/22/2023) (rro)
February 17, 2023 Opinion or Order Filing 189 LETTER addressed to Magistrate Judge Valerie Figueredo from Jeffrey C. Bank dated February 17, 2023 re: respectfully responding to the Court's February 14 Order (ECF No. 186). Document filed by Azurity Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A).(Bank, Jeffrey)
February 17, 2023 Opinion or Order Filing 188 NOTICE OF APPEARANCE by Jeffrey C. Bank on behalf of Azurity Pharmaceuticals, Inc...(Bank, Jeffrey)
February 17, 2023 Opinion or Order Filing 187 JOINT LETTER addressed to Magistrate Judge Valerie Figueredo from Charles A. Weiss dated February 17, 2023 re: update concerning the issues raised concerning the deposition of attorney Rajiv Khanna. Document filed by Bionpharma Inc...(Weiss, Charles)
February 14, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo: Discovery Hearing held on 2/14/2023. (sjo)
February 14, 2023 Opinion or Order Filing 186 ORDER terminating #181 Letter Motion for Local Rule 37.2 Conference. For the reasons stated at the conference on February 14, 2023, Defendant CoreRX'smotion for a protective order, quashing the deposition notices issued by Plaintiff Bionpharma to two members of CoreRx's Board of Directors, is granted. The Clerk of Court is directed to terminate the letter motion at ECF No. 181. Additionally, counsel for Bionpharma is directed to meet and confer with counsel for Azurity Pharmaceuticals to coordinate the deposition of Mr. Patel on the one common issue between the litigation in this Court and Bionpharma's litigation with Azurity in Delawarespecifically, the lawsuit and settlement involving CoreRx. By Friday, February 17, 2023, the parties will inform the Court (1) whether service of the subpoena on Mr. Khanna was completed, and (2) whether Bionpharma and Azurity have agreed to a time limit for Mr. Patel's deposition. (Signed by Magistrate Judge Valerie Figueredo on 2/14/2023) (rro)
February 9, 2023 Opinion or Order Filing 185 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Valerie Figueredo from Charles A. Weiss dated February 9, 2023 re: #181 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Valerie Figueredo from Anthony Lauriello dated January 27, 2023. . Document filed by Bionpharma Inc...(Weiss, Charles)
February 7, 2023 Opinion or Order Filing 184 MEMO ENDORSEMENT on re: #183 Letter,, filed by Bionpharma Inc.. ENDORSEMENT: The parties are directed that the issues raised in ECF No. 183 will be discussed at the upcoming discovery conference on 2/14/23. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 2/7/2023) (kv)
February 6, 2023 Opinion or Order Filing 183 LETTER addressed to Magistrate Judge Valerie Figueredo from Charles A. Weiss dated February 6, 2023 re: motion to compel the deposition of Azurity Pharmaceuticals Inc. and requests that it be addressed during the February 14, 2023 discovery conference already scheduled before Your Honor. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit Attachment 1 - Bionpharma's motion to compel Azurity Pharmaceuticals, #2 Exhibit Attachment 2 - Declaration of Jacob Baron in support, #3 Exhibit Attachment 3 - Memorandum of law in support, #4 Exhibit Attachment 4 - Azurity Pharmaceuticals, Inc.'s opposition, #5 Exhibit Attachment 5 - The complete docket of case 1:23-mc-91017-LTS).(Weiss, Charles)
January 31, 2023 Opinion or Order Filing 182 ORDER with respect to #181 Letter Motion for Local Rule 37.2 Conference. A discovery conference is scheduled for Tuesday, February 14, 2023 at 11:30 a.m. Counsel for the parties are directed to call Judge Figueredo's AT&T conference line at the scheduled time. Please dial (888) 808-6929; access code 9781335 . Plaintiff is directed to respond to Defendant's letter (ECF No. 181) by February 9, 2023. (Signed by Magistrate Judge Valerie Figueredo on 1/31/2023) (rro)
January 31, 2023 Opinion or Order Set/Reset Deadlines: ( Responses due by 2/9/2023), Set/Reset Hearings:( Telephone Conference set for 2/14/2023 at 11:30 AM before Magistrate Judge Valerie Figueredo.) (rro)
January 27, 2023 Opinion or Order Filing 181 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Valerie Figueredo from Anthony Lauriello dated January 27, 2023. Document filed by Corerx, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Lauriello, Anthony)
January 26, 2023 Opinion or Order Filing 180 STIPULATION REGARDING DISCOVERY PRODUCED BY AZURITY PHARMACEUTICALS, INC. WHEREAS, the Parties, through their respective counsel of record, hereby stipulate to the following: 1. To the extent Azurity chooses to designate discovery produced in response to the Subpoenas "Confidential Material" pursuant to Paragraphs 2 and 7 of the Stipulation and Protective Order entered by the Court in this Action on May 9, 2022 (Dkt. No. 137) (the "Protective Order"), Azurity may further designate such discovery "Confidential MaterialOutside Counsel's Eyes Only." (And as further set forth herein.) SO STIPULATED AND AGREED. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 1/26/2023) (jca)
January 24, 2023 Opinion or Order Filing 179 PROPOSED STIPULATION AND ORDER. Document filed by Bionpharma Inc...(Murray, Brian)
January 6, 2023 Opinion or Order Filing 178 MANDATE of USCA (Certified Copy) as to #103 Notice of Interlocutory Appeal, filed by Corerx, Inc., #106 Notice of Interlocutory Appeal, filed by Azurity Pharmaceuticals, Inc. USCA Case Number 22-354 (L); 22-374 (Con). The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/06/2023..(nd)
December 16, 2022 Opinion or Order Filing 177 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Allstate Insurance Company for Corerx, Inc.. Document filed by Corerx, Inc...(Lauriello, Anthony)
December 16, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Anthony Lauriello to RE-FILE Document No. #176 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb)
December 15, 2022 Opinion or Order Filing 176 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Corerx, Inc...(Lauriello, Anthony) Modified on 12/16/2022 (lb).
December 13, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo: Discovery Hearing held on 12/13/2022. (sjo)
December 9, 2022 Opinion or Order Filing 175 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Valerie Figueredo from Charles A. Weiss dated December 9, 2022 re: #167 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Valerie Figueredo from Anthony Lauriello dated November 29, 2022. . Document filed by Bionpharma Inc...(Weiss, Charles)
December 8, 2022 Opinion or Order Filing 174 LETTER RESPONSE to Motion addressed to Magistrate Judge Valerie Figueredo from Anthony Lauriello dated December 8, 2022 re: #164 LETTER MOTION for Conference /pre-motion conference concerning deficient document production and interrogatory responses by defendant CoreRx, Inc., addressed to Judge John G. Koeltl from Charles A. Weiss dated November 18, 2022. . Document filed by Corerx, Inc...(Lauriello, Anthony)
December 7, 2022 Opinion or Order Filing 173 ORDER granting #172 Letter Motion for Extension of Time to Complete Discovery. Application Granted. Ready for Trial by 5/5/2023. (Signed by Magistrate Judge Valerie Figueredo on 12/7/2022) (tg)
December 7, 2022 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 3/24/2023. Fact Discovery due by 2/3/2023. Joint Pre-trial Order due by 4/7/2023. (tg)
December 6, 2022 Opinion or Order Filing 172 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Valerie Figueredo from Anthony Lauriello dated December 6, 2022. Document filed by Corerx, Inc...(Lauriello, Anthony)
December 6, 2022 Opinion or Order Filing 171 CORERX'S NOTICE OF DISMISSAL OF COUNTERCLAIM: Pursuant to Rule 41(c)(1) of the Federal Rules of Civil Procedure, Defendant and Counterclaimant CoreRx, Inc. ("CoreRx") hereby dismisses its remaining counterclaim for unjust enrichment (Dkt. 115, at 13 - 30) without prejudice. This notice is unopposed. SO ORDERED. (Signed by Judge John G. Koeltl on 12/6/2022) Corerx, Inc. and Corerx, Inc. terminated. (ks)
December 6, 2022 Opinion or Order ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #170 Notice of Voluntary Dismissal, was reviewed and referred to Judge John G. Koeltl 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. (tp)
December 5, 2022 Opinion or Order Filing 170 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) Bionpharma Inc.. Document filed by Corerx, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Robertson, Mark)
December 1, 2022 Opinion or Order Filing 169 ORDER of USCA (Certified Copy) as to #103 Notice of Interlocutory Appeal, filed by Corerx, Inc., #106 Notice of Interlocutory Appeal, filed by Azurity Pharmaceuticals, Inc. USCA Case Number 22-354 (L), 22-374 (Con). The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/1/2022..(nd)
November 30, 2022 Opinion or Order Filing 168 ORDER terminating #167 Letter Motion for Local Rule 37.2 Conference. Plaintiff has until 12/9/22 to respond to Defendant-Counterplaintiff's letter (ECF No. 167). The issues raised in ECF No. 167 will be addressed at the 12/13/22 conference. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 11/30/2022) (tg)
November 30, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 12/9/2022 (tg)
November 29, 2022 Opinion or Order Filing 167 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Valerie Figueredo from Anthony Lauriello dated November 29, 2022. Document filed by Corerx, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Lauriello, Anthony)
November 22, 2022 Opinion or Order Filing 166 ORDER: granting #164 Letter Motion for Conference re: #164 LETTER MOTION for Conference /pre-motion conference concerning deficient document production and interrogatory responses by defendant CoreRx, Inc., addressed to Judge John G. Koeltl from Charles A. Weiss dated November 18, 2022. A Discovery conference in this matter is hereby scheduled for Tuesday, December 13, 2022 at 11:30 a.m. Counsel for the parties are directed to call Judge Figueredo's AT&T conference line at the scheduled time. Please dial (888) 808-6929; access code 9781335.Any response by Defendant shall be filed by no later than December 8, 2022. SO ORDERED. Telephonic Discovery Hearing set for 12/13/2022 at 11:30 AM before Magistrate Judge Valerie Figueredo. (Signed by Magistrate Judge Valerie Figueredo on 11/22/2022) (ama)
November 18, 2022 Opinion or Order Filing 165 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Valerie Figueredo. Motions referred to Valerie Figueredo. SO ORDERED. (Signed by Judge John G. Koeltl on 11/18/2022) (ks)
November 18, 2022 Opinion or Order Filing 164 LETTER MOTION for Conference /pre-motion conference concerning deficient document production and interrogatory responses by defendant CoreRx, Inc., addressed to Judge John G. Koeltl from Charles A. Weiss dated November 18, 2022. Document filed by Bionpharma Inc...(Weiss, Charles)
November 15, 2022 Opinion or Order Filing 163 MEMORANDUM OPINION AND ORDER re: #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx' filed by Bionpharma Inc. The Court has considered all of the parties' arguments. To the extent not specifically addressed above, the arguments are either moot or without merit. For the foregoing reasons, Bionpharma's motion to dismiss CoreRx's first counterclaim is granted, Bionpharma's motion to dismiss or for summary judgment on CoreRx's second counterclaim is denied, and Bionpharma's motion for summary judgment granting it a declaratory judgment is denied. SO ORDERED. (Signed by Judge John G. Koeltl on 11/15/22) (yv)
October 6, 2022 Opinion or Order Filing 162 ORDER: granting #161 Letter Motion for Extension of Time to Complete Discovery. Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 10/06/2022) (ama)
October 6, 2022 Opinion or Order Filing 161 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Anthony Lauriello dated October 6, 2022. Document filed by Corerx, Inc...(Lauriello, Anthony)
October 6, 2022 Opinion or Order Set/Reset Deadlines: ( Expert Discovery due by 2/24/2023., Fact Discovery due by 12/9/2022., Motions due by 3/7/2023., Pretrial Order due by 4/7/2023., Ready for Trial by 5/5/2023.), Set/Reset Hearings: (ama)
September 30, 2022 Opinion or Order Filing 160 ORDER of USCA (Certified Copy) as to #103 Notice of Interlocutory Appeal, filed by Corerx, Inc., #106 Notice of Interlocutory Appeal, filed by Azurity Pharmaceuticals, Inc. USCA Case Number 22-354 (L), 22-374 (Con). The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/30/2022..(nd)
September 28, 2022 Opinion or Order Filing 159 NOTICE OF APPEARANCE by Anthony Lauriello on behalf of Corerx, Inc...(Lauriello, Anthony)
August 16, 2022 Opinion or Order Filing 158 ORDER GRANTING PLAINTIFF'S MOTION TO SEAL granting #123 Motion to Seal. It is hereby: ORDERED that Plaintiff's Motion to Seal is GRANTED, and it is FURTHER ORDERED that the (i) the Declaration of Todd Daviau and Exhibits A and B thereto, and (ii) Exhibit 1 to the Declaration of Charles Weiss in Support of Plaintiff Bionpharma's (i) Motion to Dismiss the Counterclaims, or in the Alternative for Summary Judgment, and (ii) Motion for Summary Judgment on Count II of the Complaint shall remain redacted in the public record of this case.. (Signed by Judge John G. Koeltl on 8/16/2022) (ks)
July 22, 2022 Opinion or Order Filing 157 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the Court, Defendant CoreRx, Inc., substitutes Mark A. Robertson, State Bar No. 4067518, as counsel of record in place of Peter S. Russ, Jacqueline M. Weyand, Abigail F. Coster, and Matthew L. Fedowitz of Buchanan Ingersoll & Rooney, PC, located at 640 Fifth Avenue, 9th Floor, New York, New York 10019. Contact information for new counsel is as follows: As further set forth by this Order. The substitution of attorney is hereby approved and so ORDERED.Attorney Mark Allen Robertson for Corerx, Inc., Mark Allen Robertson for Corerx, Inc. added. (Signed by Judge John G. Koeltl on 7/22/2022) (tg)
July 22, 2022 Opinion or Order Filing 156 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the Court, Defendant CoreRx, Inc., substitutes Robin D. Adelstein, State Bar No. 2183101, as counsel of record in place of Peter S. Russ, Jacqueline M. Weyand, Abigail F. Coster, and Matthew L. Fedowitz of Buchanan Ingersoll & Rooney, PC, located at 640 Fifth Avenue, 9th Floor, New York, New York 10019. Contact information for new counsel is as follows: As further set forth by this Order. The substitution of attorney is hereby approved and so ORDERED. Attorney Jacqueline M Weyand; Abigail Flynn Coster and Peter Stephen Russ terminated. (Signed by Judge John G. Koeltl on 7/22/2022) (tg)
July 22, 2022 Opinion or Order Filing 155 ORDER FOR ADMISSION PRO HAC VICE granting #151 Motion to Appear Pro Hac Vice. The motion of Brian P. Murray for admission to practice Pro Hac Vice in the above caption is hereby GRANTED. (Signed by Judge John G. Koeltl on 7/22/2022) (tg)
July 22, 2022 Opinion or Order Filing 154 ORDER of USCA (Certified Copy) as to #103 Notice of Interlocutory Appeal, filed by Corerx, Inc., #106 Notice of Interlocutory Appeal, filed by Azurity Pharmaceuticals, Inc. USCA Case Number 22-354 (L); 22-374 (Con). The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/22/2022..(nd)
July 22, 2022 Opinion or Order Filing 153 PROPOSED CONSENT ORDER. Document filed by Corerx, Inc...(Robertson, Mark)
July 22, 2022 Opinion or Order Filing 152 PROPOSED CONSENT ORDER. Document filed by Corerx, Inc...(Adelstein, Robin)
July 21, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #151 MOTION for Brian P. Murray to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26440451. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
July 20, 2022 Opinion or Order Filing 151 MOTION for Brian P. Murray to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26440451. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bionpharma Inc.. (Attachments: #1 Affidavit /Declaration of Brian P. Murray, #2 Exhibit 1 - Certificate of Good Standing, #3 Text of Proposed Order Proposed order for Admission Pro Hac Vice).(Murray, Brian)
July 12, 2022 Opinion or Order Filing 150 ORDER of USCA (Certified Copy) as to #103 Notice of Interlocutory Appeal, filed by Corerx, Inc., #106 Notice of Interlocutory Appeal, filed by Azurity Pharmaceuticals, Inc. USCA Case Number 22-0354 (L), 22-0374)con). The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/12/2022..(nd)
June 27, 2022 Opinion or Order Filing 149 MEMORANDUM OPINION AND ORDER re: #140 MOTION to Stay Pending Resolution of Delaware Action. filed by Corerx, Inc. The Court has considered all of the arguments of the parties. To the extent not addressed above, the arguments are either moot or without merit. For the foregoing reasons, the motion to stay this proceeding is denied. The Clerk is directed to close ECF No. 140. SO ORDERED. (Signed by Judge John G. Koeltl on 6/27/22) (yv)
June 17, 2022 Opinion or Order Filing 148 REPLY MEMORANDUM OF LAW in Support re: #140 MOTION to Stay Pending Resolution of Delaware Action. . Document filed by Corerx, Inc...(Weyand, Jacqueline)
June 14, 2022 Opinion or Order Filing 147 MEMORANDUM OF LAW in Opposition re: #140 MOTION to Stay Pending Resolution of Delaware Action. . Document filed by Bionpharma Inc...(Weiss, Charles)
June 14, 2022 Opinion or Order Filing 146 DECLARATION of Charles A. Weiss in Opposition re: #140 MOTION to Stay Pending Resolution of Delaware Action.. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit 1: publicly filed version of Bionpharmas Answer, Affirmative Defenses, and Counterclaims (D.I. 49) in Civil Action No. 21-cv-01455 (D. Del. Feb. 24, 2022), #2 Exhibit 2: copy of the Scheduling Order (D.I. 37) in Civil Action No. 21-cv-01455).(Weiss, Charles)
June 10, 2022 Opinion or Order Filing 145 REPLY MEMORANDUM OF LAW in Support re: #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx' . Document filed by Bionpharma Inc...(Weiss, Charles)
June 10, 2022 Opinion or Order Filing 144 REPLY AFFIRMATION of Charles A. Weiss in Support re: #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx'. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit 2:print out from the Public PAIR service).(Weiss, Charles)
June 9, 2022 Opinion or Order Filing 143 ORDER: Bionpharma Inc. should respond to the motion to stay, ECF No. 140, by June 14, 2022. CoreRx, Inc. may reply by June 17, 2022. SO ORDERED. ( Responses due by 6/14/2022, Replies due by 6/17/2022.) (Signed by Judge John G. Koeltl on 6/8/2022) (vfr)
June 7, 2022 Opinion or Order Filing 142 MEMORANDUM OF LAW in Support re: #140 MOTION to Stay Pending Resolution of Delaware Action. . Document filed by Corerx, Inc...(Russ, Peter)
June 7, 2022 Opinion or Order Filing 141 DECLARATION of Peter S. Russ in Support re: #140 MOTION to Stay Pending Resolution of Delaware Action.. Document filed by Corerx, Inc.. (Attachments: #1 Exhibit Exhibit A).(Russ, Peter)
June 7, 2022 Opinion or Order Filing 140 MOTION to Stay Pending Resolution of Delaware Action. Document filed by Corerx, Inc.. (Attachments: #1 Text of Proposed Order Exhibit).(Russ, Peter)
May 27, 2022 Opinion or Order Filing 139 MEMORANDUM OF LAW in Opposition re: #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx' . Document filed by Corerx, Inc...(Russ, Peter)
May 13, 2022 Opinion or Order Filing 138 ORDER: The conference scheduled for May 17, 2022 at 4:00 p.m. is canceled. SO ORDERED. (Signed by Judge John G. Koeltl on 5/13/2022) (ks)
May 9, 2022 Opinion or Order Filing 137 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This Order is not binding on the Court or Court personnel. The Court reserves the Right to amend this Order at any time. SO ORDERED. (Signed by Judge John G. Koeltl on 5/7/2022) (ks)
May 6, 2022 Opinion or Order Filing 136 PROPOSED PROTECTIVE ORDER. Document filed by Bionpharma Inc...(Weiss, Charles)
May 6, 2022 Opinion or Order Filing 135 ORDER granting #134 Letter Motion for Extension of Time to File Response/Reply re #134 LETTER MOTION for Extension of Time to File Response/Reply as to #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to F, #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx'.APPLICATION GRANTED. SO ORDERED. Responses due by 5/27/2022 Replies due by 6/10/2022.. (Signed by Judge John G. Koeltl on 5/6/2022) (tg)
May 4, 2022 Opinion or Order Filing 134 LETTER MOTION for Extension of Time to File Response/Reply as to #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx' wherein CoreRx respectfully request that this Court grant an extension of time for CoreRx to respond to Plaintiff Bionpharma Inc.s (Bionpharma) Motion to Dismiss CoreRxs Counterclaims, on consent, to May 27, 2022. addressed to Judge John G. Koeltl from Jacqueline M. Weyand dated May 4, 2022. Document filed by Corerx, Inc...(Weyand, Jacqueline)
May 2, 2022 Opinion or Order Filing 133 ORDER of USCA (Certified Copy) as to #103 Notice of Interlocutory Appeal, filed by Corerx, Inc. USCA Case Number 22-0354. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 5/2/2022. (tp)
April 29, 2022 Opinion or Order Filing 132 ***SELECTED PARTIES***DECLARATION of Todd Daviau in Support re: #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx'. Document filed by Bionpharma Inc., Corerx, Inc.. (Attachments: #1 Exhibit A - November 4, 2020 email from B. Reid (sealed), #2 Exhibit B - November 6, 2020 email from B. Reid (sealed))Motion or Order to File Under Seal: #123 .(Weiss, Charles)
April 29, 2022 Opinion or Order Filing 131 ***SELECTED PARTIES***DECLARATION of Charles A. Weiss in Support re: #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx'. Document filed by Bionpharma Inc., Corerx, Inc.. (Attachments: #1 Exhibit 1- Master Manufacturing Services Agreement (Sealed))Motion or Order to File Under Seal: #123 .(Weiss, Charles)
April 29, 2022 Opinion or Order Filing 130 DECLARATION of Todd Daviau in Support re: #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx'. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit A - November 4, 2020 email from B. Reid filed under seal, #2 B - November 6, 2020 email from B. Reid filed under seal).(Weiss, Charles)
April 29, 2022 Opinion or Order Filing 129 DECLARATION of Charles A. Weiss in Support re: #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx'. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit 1 - Master Manufacturing Services Agreement filed under seal).(Weiss, Charles)
April 29, 2022 Opinion or Order Filing 128 RULE 56.1 STATEMENT. Document filed by Bionpharma Inc...(Weiss, Charles)
April 29, 2022 Opinion or Order Filing 127 MEMORANDUM OF LAW in Support re: #126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx' . Document filed by Bionpharma Inc...(Weiss, Charles)
April 29, 2022 Opinion or Order Filing 126 MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) dismissing Defendant CoreRx, Inc.s Counterclaims, or in the alternative for an Order pursuant to Federal Rule of Civil Procedure 56 granting summary judgment as to CoreRx's Counterclaims, and for an Order granting summary judgment as to Count II of Bionpharma's Complaint. Document filed by Bionpharma Inc.. (Attachments: #1 Text of Proposed Order).(Weiss, Charles)
April 29, 2022 Opinion or Order Filing 125 MEMORANDUM OF LAW in Support re: #123 MOTION to Seal (i) the Declaration of Todd Daviau and Exhibits A and B thereto, and (ii) Exhibit 1 to the Declaration of Charles Weiss in Support of Plaintiff Bionpharma's Motion to Dismiss, etc.. . Document filed by Bionpharma Inc...(Weiss, Charles)
April 29, 2022 Opinion or Order Filing 124 DECLARATION of Marisa Marinelli, Esq. in Support re: #123 MOTION to Seal (i) the Declaration of Todd Daviau and Exhibits A and B thereto, and (ii) Exhibit 1 to the Declaration of Charles Weiss in Support of Plaintiff Bionpharma's Motion to Dismiss, etc... Document filed by Bionpharma Inc...(Weiss, Charles)
April 29, 2022 Opinion or Order Filing 123 MOTION to Seal (i) the Declaration of Todd Daviau and Exhibits A and B thereto, and (ii) Exhibit 1 to the Declaration of Charles Weiss in Support of Plaintiff Bionpharma's Motion to Dismiss, etc.. Document filed by Bionpharma Inc.. (Attachments: #1 Text of Proposed Order).(Weiss, Charles)
April 29, 2022 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (nb)
April 25, 2022 Opinion or Order Filing 122 RULE 26(f) REPORT AND SCHEDULING ORDER: The parties do not consent to a trial before a Magistrate Judge at this time. The parties do not request a jury trial; trial will be to the Court. Motions due by 3/7/2023. Fact Discovery due by 10/18/2022. Expert Discovery due by 2/24/2023. Pretrial Order due by 4/7/2023. Ready for Trial by 5/5/2023. The parties will file a Joint Pre-Trial Order together with Proposed Findings of Fact and Conclusion of Law by 4/7/23, or 14 days after disposition of any dispositive motion. ready Trial Date, 48 hours notice 5/5/23. The parties estimate that 3 to 5 days are sufficient to try the issues in this case. SO ORDERED. (Signed by Judge John G. Koeltl on 4/25/2022) (ks)
April 22, 2022 Opinion or Order Filing 121 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Bionpharma Inc...(Weiss, Charles)
April 14, 2022 Opinion or Order Filing 120 ORDER granting #119 Letter Motion for Extension of Time. APPLCIATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/13/2022) (ks)
April 13, 2022 Opinion or Order Filing 119 LETTER MOTION for Extension of Time for the parties to submit their proposed Report and Joint Discovery Plan, addressed to Judge John G. Koeltl from Charles A. Weiss dated April 13, 2022. Document filed by Bionpharma Inc...(Weiss, Charles)
April 8, 2022 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 5/17/2022 at 04:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
April 4, 2022 Opinion or Order Filing 118 ORDER granting #117 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/1/2022) (ks)
April 4, 2022 Opinion or Order Set/Reset Deadlines: Bionpharma Inc. answer due 4/29/2022. (ks)
April 1, 2022 Opinion or Order Filing 117 LETTER MOTION for Extension of Time to answer, plead, or otherwise respond to the counterclaims asserted by defendant CoreRx, Inc., addressed to Judge John G. Koeltl from Charles A. Weiss dated April 1, 2022. Document filed by Bionpharma Inc...(Weiss, Charles)
March 31, 2022 Opinion or Order Filing 116 ORDER: The parties are directed to submit a Rule 26(f) report by April 15, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 3/31/2022) (ama)
March 30, 2022 Opinion or Order Filing 115 REDACTION to #114 Answer to Complaint,, Counterclaim, by Corerx, Inc..(Russ, Peter)
March 30, 2022 Opinion or Order Filing 114 ***SELECTED PARTIES***ANSWER to #1 Complaint., COUNTERCLAIM against Bionpharma Inc.. Document filed by Bionpharma Inc., Corerx, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Motion or Order to File Under Seal: #21 .(Russ, Peter)
March 21, 2022 Opinion or Order Filing 113 STIPULATION ON CONSENT AND ORDER REGARDING CORERX'S TIME TO RESPOND TO THE COMPLAINT AND LIFTING STAY OF PROCEEDINGS: Plaintiff Bionpharma, Inc. ("Bionpharma") and the Defendant CoreRx, Inc. ("CoreRx"), by and through their undersigned counsel, hereby stipulate to and request entry of an Order on consent regarding CoreRx's time to respond to the Complaint and lifting the stay of proceedings, and in support say as follows: 1. Bionpharma filed the Complaint in this action on December 13, 2021; 2. Counsel for CoreRx accepted service of the Complaint on December 20, 2021; 3. CoreRx's time to answer, move, or otherwise respond to the Complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure was January 10, 2022; 4. On December 31, 2021, the parties stipulated that CoreRx's time to answer, move, or otherwise respond to the Complaint pursuant to Rule 12 of the Federal Rules of Civi l Procedure was extended to January 28, 2022; 5. On January 27, 2022, the Court issued an Order stating, inter alia, that the action was stayed pending mediation; 6. The parties attended and concluded mediation before an agreed-upon neutral but have not resolved their differences; and 7. Counsel for CoreRx has conferred with Bionpharma's counsel and Bionpharrna agrees that CoreRx shall respond to the Complaint on or before March 30, 2022. 8. Both parties agree that the stay should be lifted. The above application is ORDERED GRANTED. The stay of proceedings is lifted, and CoreRx shall respond to the Complaint on or before March 30, 2022. Corerx, Inc. answer due 3/30/2022. (Signed by Judge John G. Koeltl on 3/21/2022) (tg)
March 21, 2022 Opinion or Order Filing 112 PROPOSED STIPULATION AND ORDER. Document filed by Corerx, Inc...(Weyand, Jacqueline)
March 21, 2022 Opinion or Order Case Stay Lifted. (tg)
March 16, 2022 Opinion or Order Filing 111 ORDER of USCA (Certified Copy) as to #103 Notice of Interlocutory Appeal, filed by Corerx, Inc., #106 Notice of Interlocutory Appeal, filed by Azurity Pharmaceuticals, Inc. USCA Case Number 22-354, (L) 22-374 (Con). Appellants' move for a stay of the preliminary injunction issued by the District Court. Appellee moves for (1) judicial notice and (2) leave to file an oversized opposition to the Appellants motions. Upon due consideration, it is hereby ORDERED that the Appellees' motions for judicial notice and for leave to file an oversized opposition are GRANTED and the Appellants' motions for a stay are DENIED. Appellants have not demonstrated that a stay is warranted. Nken v. Holder, 556 U.S. 418, 434 (2009); In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 3/16/202..(nd)
March 3, 2022 Opinion or Order Filing 110 Injunction BOND # 285069271 in the amount of $ 200,000.00 posted by Bionpharma Inc...(wb)
February 28, 2022 Opinion or Order Filing 109 STATUS REPORT. Submitted pursuant to D.I. 79 jointly by plaintiff and defendant Document filed by Bionpharma Inc...(Weiss, Charles)
February 26, 2022 Opinion or Order Filing 107 ORDER GRANTING INTERVENOR AZURITY PHARMACEUTICALS, INC.'S MOTION TO SEAL granting #63 Motion to Seal. ORDERED that Azurity's Motion to Seal is GRANTED, and it is FURTHER ORDERED that the Enalapril Market Data, Patel Declaration, and Motion to Intervene shall remain redacted in the public record of this case. (Signed by Judge John G. Koeltl on 2/26/2022) (mml)
February 25, 2022 Opinion or Order Filing 108 ORDER denying as moot #51 Motion to Seal; granting #29 Motion to Seal. CoreRx's motion to seal portions of its brief in opposition to Bionpharma's motion for a preliminary injunction and its supporting declaration and exhibits, ECF No. 29, is granted. CoreRx's motion to seal its letter motion to supplement the arguments made in opposition to the motion for a preliminary injunction and the exhibit attached thereto, ECF No. 51, is denied as moot. The letter and the exhibit are already unsealed by virtue of the stipulation & order entered into by Bionpharma and CoreRx. ECF No. 89. So Ordered. (Signed by Judge John G. Koeltl on 2/24/2022) (js)
February 25, 2022 Opinion or Order Filing 106 NOTICE OF INTERLOCUTORY APPEAL from #79 Preliminary Injunction,,,,,,,, Case Stayed,,,,,,, #50 Memorandum & Opinion,, #105 Memorandum & Opinion,,,,,. Document filed by Azurity Pharmaceuticals, Inc.. Filing fee $ 505.00, receipt number ANYSDC-25781671. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Richlin, Eli)
February 25, 2022 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #106 Notice of Interlocutory Appeal,. (wb)
February 25, 2022 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #106 Notice of Interlocutory Appeal, filed by Azurity Pharmaceuticals, Inc. were transmitted to the U.S. Court of Appeals. (wb)
February 24, 2022 Opinion or Order Filing 105 MEMORANDUM OPINION AND ORDER re: #82 MOTION to Stay [Notice of Emergency Motion to Stay Preliminary Injunction Pending Appeal and to Set Security] filed by Corerx, Inc., #66 MOTION to Intervene filed by Azurity Pharmaceuticals, Inc. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the foregoing reasons, (1) CoreRx's motion for a stay is denied, but its alternative motion for an interim stay is granted until March 2, 2022 to allow CoreRx to seek a stay from the court of appeals, and to allow the court of appeals to decide such a request. CoreRx should continue to prepare for its shipment to Bionpharma due March 4, 2022. (2) CoreRx's motion requiring Bionpharma to post a security bond is granted. Bionpharma shall file its bond in the amount of $200,000.00 with the Clerk of Court by March 3, 2022. (3) Azurity's motion to intervene as a matter of right is denied, but its alternative motion to intervene permissively is granted. (4) Azurity's motion to supplement the record is denied. The Clerk is requested to close ECF Nos. 66 and 82. SO ORDERED. (Signed by Judge John G. Koeltl on 2/24/2022) (va)
February 22, 2022 Opinion or Order Filing 104 LETTER addressed to Judge John G. Koeltl from Eli B. Richlin dated February 9, 2022 re: respectfully withdrawing that aspect of Azurity's motion seeking reconsideration of the preliminary injunction, and instead respectfully moves only for intervention and for the Court to order that the record on the preliminary injunction be supplemented to include the material previously submitted with Azurity's motion. Document filed by Azurity Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order).(Richlin, Eli)
February 22, 2022 Opinion or Order Filing 103 NOTICE OF INTERLOCUTORY APPEAL from #50 Memorandum & Opinion,,. Document filed by Corerx, Inc.. Filing fee $ 505.00, receipt number ANYSDC-25763250. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Certificate of Service).(Russ, Peter)
February 22, 2022 Opinion or Order Filing 102 NOTICE OF APPEARANCE by Abigail Flynn Coster on behalf of Corerx, Inc.. (Attachments: #1 Certificate of Service).(Coster, Abigail)
February 22, 2022 Opinion or Order Filing 101 ORDER: CoreRx is directed to submit courtesy copies of the papers filed in connection with its motion to stay. See Individual Practice II.C. SO ORDERED. (Signed by Judge John G. Koeltl on 2/22/2022) (ks)
February 22, 2022 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #103 Notice of Interlocutory Appeal,. (wb)
February 22, 2022 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #103 Notice of Interlocutory Appeal, filed by Corerx, Inc. were transmitted to the U.S. Court of Appeals..(wb)
February 17, 2022 Opinion or Order Filing 100 ORDER: The parties are directed to submit courtesy copies of the papers filed in connection with Azurity's motion to intervene and CoreRx's motion to stay. See Individual Practice II.C. SO ORDERED. (Signed by Judge John G. Koeltl on 2/17/2022) (ks)
February 15, 2022 Opinion or Order Filing 99 REPLY MEMORANDUM OF LAW in Support re: #66 MOTION to Intervene . . Document filed by Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 15, 2022 Opinion or Order Filing 98 REDACTION to #97 Reply Memorandum of Law in Support of Motion, by Corerx, Inc..(Russ, Peter)
February 15, 2022 Opinion or Order Filing 97 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #82 MOTION to Stay [Notice of Emergency Motion to Stay Preliminary Injunction Pending Appeal and to Set Security]. . Document filed by Corerx, Inc., Bionpharma Inc.. Motion or Order to File Under Seal: #21 .(Russ, Peter)
February 11, 2022 Opinion or Order Filing 96 CERTIFICATE OF SERVICE of Opposition documents served on CoreRx and Azurity Pharmaceuticals, Inc. on 2/11/2022. Service was made by ECF system. Document filed by Bionpharma Inc...(Weiss, Charles)
February 11, 2022 Opinion or Order Filing 95 DECLARATION of Charles Weiss in Opposition re: #82 MOTION to Stay [Notice of Emergency Motion to Stay Preliminary Injunction Pending Appeal and to Set Security].. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit 1- portions of hearing transcript).(Weiss, Charles)
February 11, 2022 Opinion or Order Filing 94 MEMORANDUM OF LAW in Opposition re: #82 MOTION to Stay [Notice of Emergency Motion to Stay Preliminary Injunction Pending Appeal and to Set Security]. . Document filed by Bionpharma Inc...(Weiss, Charles)
February 11, 2022 Opinion or Order Filing 93 DECLARATION of Charles Weiss in Opposition re: #66 MOTION to Intervene .. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit 1- portions of hearing transcript).(Weiss, Charles)
February 11, 2022 Opinion or Order Filing 92 MEMORANDUM OF LAW in Opposition re: #66 MOTION to Intervene . . Document filed by Bionpharma Inc...(Weiss, Charles)
February 11, 2022 Opinion or Order Filing 91 PROPOSED STIPULATION AND ORDER. Document filed by Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 11, 2022 Opinion or Order Filing 90 DECLARATION of AMIT M. PATEL (redacted) in Support re: #66 MOTION to Intervene .. Document filed by Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 10, 2022 Opinion or Order Filing 89 STIPULATION AND ORDER GRANTING DEFENDANT'S LETTER MOTION FOR LEAVE TO FILE COPY OF AGREEMENT (D.I. 54) AND LIFTING THE SEAL ON FILINGS: Now therefore, subject to the Court's approval, the parties stipulate and agree as follows: CoreRx's letter motion for Leave to File Copy of Agreement (D.I. 54) shall be and hereby is GRANTED as unopposed; and CoreRx's filing (D.I. 54 and 54-1) shall be and hereby is UNSEALED, and the Clerk of Court is directed to lift the seal on such filings. SO ORDERED. (Signed by Judge John G. Koeltl on 2/10/2022) (ama)
February 10, 2022 Opinion or Order Filing 88 PROPOSED STIPULATION AND ORDER. Document filed by Bionpharma Inc...(Weiss, Charles)
February 9, 2022 Opinion or Order Filing 87 MOTION to Withdraw with respect to that aspect of Azurity's motion seeking reconsideration of the preliminary injunction, and instead respectfully moves only for intervention and for the Court to order that the record on the preliminary injunction be supplemented to include the material previously submitted with Azurity's motion. Document filed by Azurity Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order).(Richlin, Eli)
February 8, 2022 Opinion or Order Filing 86 ORDER with respect to #82 Letter Motion to Stay re: #82 MOTION to Stay [Notice of Emergency Motion to Stay Preliminary Injunction Pending Appeal and to Set Security]. The plaintiff should respond to the defendant's motion to stay, ECF No. 82, by February 11, 2022. The defendant should reply by February 15, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 2/8/2022) (va)
February 8, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 2/11/2022. Replies due by 2/15/2022. (va)
February 7, 2022 Opinion or Order Filing 85 DECLARATION of Ajay Damani in Support re: #82 MOTION to Stay [Notice of Emergency Motion to Stay Preliminary Injunction Pending Appeal and to Set Security].. Document filed by Corerx, Inc...(Russ, Peter)
February 7, 2022 Opinion or Order Filing 84 REDACTION to #83 Memorandum of Law in Support of Motion, by Corerx, Inc..(Russ, Peter)
February 7, 2022 Opinion or Order Filing 83 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #82 MOTION to Stay [Notice of Emergency Motion to Stay Preliminary Injunction Pending Appeal and to Set Security]. . Document filed by Corerx, Inc., Bionpharma Inc.. Motion or Order to File Under Seal: #21 .(Russ, Peter)
February 7, 2022 Opinion or Order Filing 82 MOTION to Stay [Notice of Emergency Motion to Stay Preliminary Injunction Pending Appeal and to Set Security]. Document filed by Corerx, Inc...(Russ, Peter)
February 4, 2022 Opinion or Order Filing 81 ORDER: As discussed during today's conference, the plaintiff's response to Azurity Pharmaceuticals, Inc.'s motion to intervene and for reconsideration, ECF No. 66, is due on February 11, 2022. The plaintiff's response to Azurity Pharmaceuticals, Inc.'s motion to seal, ECF No. 63, is also due on February 11, 2022. Replies are due on February 15, 2022. The Clerk of Court is requested to close Letter Motion No. 76 to expedite the briefing schedule. So Ordered. (Responses due by 2/11/2022, Replies due by 2/15/2022.) (Signed by Judge John G. Koeltl on 2/4/2022) (js)
February 4, 2022 Opinion or Order Filing 80 ORDER: The Court has signed the proposed preliminary injunction proposed by Bionpharma. The additional conditions proposed by CoreRx, Inc. exceed the terms of the preliminary injunction ordered by the Court. To the extent that there are disputes concerning prices, delivery dates, or the scope of the indemnification provided for in the Agreement, the parties should comply with the Agreement, as provided for in the proposed preliminary injunction. To the extent that there are any further disputes, the parties should follow the dispute resolution procedures contained in the Agreement in the first instance. SO ORDERED. (Signed by Judge John G. Koeltl on 2/4/2022) (ks)
February 4, 2022 Opinion or Order Filing 79 PRELIMINARY INJUNCTION: It is ORDERED, ADJUDGED, AND DECREED that Bionpharma Inc.'s motion for a preliminary injunction shall be and hereby is GRANTED as follows: 1. Defendant CoreRx, Inc. ("CoreRx"), its officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them who have actual notice of this preliminary injunction by personal service or otherwise are hereby ENJOINED AND RESTRAINED from failing to have CoreRx fill the orders for enalapril maleate oral solution ("Product") placed by plaintiff Bionpharma Inc. ("Bionpharma") under the parties' Master Manufacturing Supply Agreement (the "Agreement") in purchase order 4500001497 and purchase order 4500001835, as more specifically set forth in paragraphs 2 and 3 below. 2. CoreRx shall fill the balance of purchase order 4500001497, amounting to 12,459 bottles of Product, according to the terms therein_by no later than March 4, 2022. 3. CoreRx shall fill purchase order 4500001835, for 6,000 bottles of Product, according to the terms therein, by no later than March 17, 2022. 4. For clarity, this preliminary injunction does not (i) relieve Bionpharma of its obligation under the Agreement to pay CoreRx for the Product to be manufactured and delivered pursuant to paragraphs 2 and 3 in accordance with the terms of such purchase orders, or (ii) otherwise relieve any party of its respective obligations under the Agreement. IT IS FURTHER ORDERED that: 5. The parties should immediately commence mediation as set forth in the Agreement. 6. This case is stayed pending the conclusion of mediation or further order of the Court. 7. The parties shall submit a joint status report by February 28, 2022. (Signed by Judge John G. Koeltl on 2/4/2022) Case stayed. (ks)
February 4, 2022 Opinion or Order Filing 78 LETTER RESPONSE in Support of Motion addressed to Judge John G. Koeltl from Eli B. Richlin dated February 4, 2022 re: #76 LETTER MOTION to Expedite briefing schedule on Azurity's motion to intervene and for reconsideration addressed to Judge John G. Koeltl from Eli B. Richlin dated February 2, 2022. . Document filed by Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 4, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #59 Proposed Order was reviewed and approved as to form. (km)
February 3, 2022 Opinion or Order Filing 77 LETTER RESPONSE in Opposition to Motion addressed to Judge John G. Koeltl from Charles A. Weiss, Esq. dated Feb. 3, 2022 re: #76 LETTER MOTION to Expedite briefing schedule on Azurity's motion to intervene and for reconsideration addressed to Judge John G. Koeltl from Eli B. Richlin dated February 2, 2022. . Document filed by Bionpharma Inc...(Weiss, Charles)
February 3, 2022 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference set for 2/4/2022 at 05:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
February 2, 2022 Opinion or Order Filing 76 LETTER MOTION to Expedite briefing schedule on Azurity's motion to intervene and for reconsideration addressed to Judge John G. Koeltl from Eli B. Richlin dated February 2, 2022. Document filed by Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 75 DECLARATION of AMIT M. PATEL [REDACTED] in Support re: #66 MOTION to Intervene .. Document filed by Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 74 MEMORANDUM OF LAW in Support re: #66 MOTION to Intervene . [REDACTED]. Document filed by Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 73 LETTER addressed to Judge John G. Koeltl from Charles A. Weiss dated February 2, 2022 re: in response to the objections submitted by defendant CoreRx, Inc. (CoreRx) to Bionpharmas proposed form of preliminary injunction. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit 1: Transcript dated January 28, 2022).(Weiss, Charles)
February 2, 2022 Opinion or Order Filing 72 CERTIFICATE OF SERVICE. Document filed by Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 71 ***SELECTED PARTIES***NOTICE of Filing of Sealed Ex. 14 to Declaration of Eli B. Richlin in Support of Motion to Intervene re: #69 Declaration in Support of Motion,. Document filed by Azurity Pharmaceuticals, Inc.. Motion or Order to File Under Seal: #63 .(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 70 ***SELECTED PARTIES***NOTICE of Filing of Sealed Ex. 7 to Declaration of Eli B. Richlin in Support of Motion to Intervene re: #69 Declaration in Support of Motion,. Document filed by Azurity Pharmaceuticals, Inc.. Motion or Order to File Under Seal: #63 .(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 69 DECLARATION of ELI B. RICHLIN in Support re: #66 MOTION to Intervene .. Document filed by Azurity Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14).(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 68 ***SELECTED PARTIES***DECLARATION of AMIT M. PATEL in Support re: #66 MOTION to Intervene .. Document filed by Azurity Pharmaceuticals, Inc.. Motion or Order to File Under Seal: #63 .(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 67 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #66 MOTION to Intervene . . Document filed by Azurity Pharmaceuticals, Inc.. Motion or Order to File Under Seal: #63 .(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 66 MOTION to Intervene . Document filed by Azurity Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order).(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 65 DECLARATION of Eli B. Richlin in Support re: #63 MOTION to Seal .. Document filed by Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 64 MEMORANDUM OF LAW in Support re: #63 MOTION to Seal . . Document filed by Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 63 MOTION to Seal . Document filed by Azurity Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order).(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 62 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CutisPharma Intermediate Holdings Inc. for Azurity Pharmaceuticals, Inc.. Document filed by Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 2, 2022 Opinion or Order Filing 61 NOTICE OF APPEARANCE by Eli Bard Richlin on behalf of Azurity Pharmaceuticals, Inc...(Richlin, Eli)
February 1, 2022 Opinion or Order Filing 60 REDACTION to #59 Proposed Order, by Corerx, Inc..(Russ, Peter)
February 1, 2022 Opinion or Order Filing 59 ***SELECTED PARTIES***PROPOSED ORDER. Document filed by Corerx, Inc., Bionpharma Inc.. Related Document Number: #50 . Motion or Order to File Under Seal: #21 .(Russ, Peter) Proposed Order to be reviewed by Clerk's Office staff.
February 1, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #58 Proposed Order was reviewed and approved as to form. (dt)
January 31, 2022 Opinion or Order Filing 58 PROPOSED ORDER. Document filed by Bionpharma Inc.. Related Document Number: #50 ..(Weiss, Charles) Proposed Order to be reviewed by Clerk's Office staff.
January 28, 2022 Opinion or Order Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/25/22 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....(Moya, Goretti)
January 28, 2022 Opinion or Order Filing 56 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/25/2022 before Judge John G. Koeltl. Court Reporter/Transcriber: Sonya Ketter Moore, (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 2/18/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/28/2022..(Moya, Goretti)
January 27, 2022 Opinion or Order Filing 55 LETTER MOTION for Leave to File Copy of Agreement to supplement the arguments made in its papers in opposition to Plaintiffs motion for a preliminary injunction addressed to Judge John G. Koeltl from Peter S. Russ dated January 27, 2022. Document filed by Corerx, Inc.. (Attachments: #1 Exhibit A).(Russ, Peter)
January 27, 2022 Opinion or Order Filing 54 ***SELECTED PARTIES*** LETTER MOTION for Leave to File Copy of Agreement to supplement the arguments made in its papers in opposition to Plaintiffs motion for a preliminary injunction addressed to Judge John G. Koeltl from Peter S. Russ dated January 27, 2022. Document filed by Corerx, Inc., Bionpharma Inc.. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #51 .(Russ, Peter)
January 27, 2022 Opinion or Order Filing 53 MEMORANDUM OF LAW in Support re: #51 MOTION to Seal Defendant Letter Motion to supplement the arguments made in its papers in opposition to Plaintiff motion for a preliminary injunction, and the Exhibit A thereto. . Document filed by Corerx, Inc...(Russ, Peter)
January 27, 2022 Opinion or Order Filing 52 DECLARATION of Peter S. Russ in Support re: #51 MOTION to Seal Defendant Letter Motion to supplement the arguments made in its papers in opposition to Plaintiff motion for a preliminary injunction, and the Exhibit A thereto.. Document filed by Corerx, Inc...(Russ, Peter)
January 27, 2022 Opinion or Order Filing 51 MOTION to Seal Defendant Letter Motion to supplement the arguments made in its papers in opposition to Plaintiff motion for a preliminary injunction, and the Exhibit A thereto. Document filed by Corerx, Inc.. (Attachments: #1 Text of Proposed Order).(Russ, Peter)
January 27, 2022 Opinion or Order Filing 50 OPINION AND ORDER: The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. The plaintiff's motion for a preliminary injunction is granted. The Clerk of Court is directed to close Docket No. 8. The parties should immediately begin mediation as provided in their Agreement, and the case is stayed pending such mediation. The plaintiff should submit a proposed preliminary injunction in two days. The defendant may submit any objections one day thereafter. SO ORDERED. (Signed by Judge John G. Koeltl on 1/27/2022) (vfr)
January 25, 2022 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing held on 1/25/2022. (Fletcher, Donnie)
January 21, 2022 Opinion or Order Filing 49 ORDER granting #48 Motion for Matthew L. Fedowitz to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 1/21/2022) (ks)
January 20, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #48 MOTION for Matthew L. Fedowitz to Appear Pro Hac Vice on behalf of Defendant. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
January 19, 2022 Opinion or Order Filing 48 MOTION for Matthew L. Fedowitz to Appear Pro Hac Vice on behalf of Defendant. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Corerx, Inc.. (Attachments: #1 Exhibit A - Notarized Affidavit in Support of Motion for Admission Pro Hac Vice regarding M. Fedowitz, #2 Exhibit B - Virginia Supreme Court Certificate of Good Standing regarding Matthew L. Fedowitz, #3 Text of Proposed Order, #4 Certificate of Service).(Weyand, Jacqueline)
January 19, 2022 Opinion or Order Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Matthew L. Fedowitz to Appear Pro Hac Vice on behalf of Defendant. Filing fee $ 200.00, receipt number ANYSDC-25603210. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Corerx, Inc.. (Attachments: #1 Exhibit A - Affidavit in Support of Motion for Admission Pro Hac Vice regarding M. Fedowitz, #2 Exhibit B - Virginia Supreme Court Certificate of Good Standing regarding Matthew L. Fedowitz, #3 Text of Proposed Order, #4 Certificate of Service).(Weyand, Jacqueline) Modified on 1/19/2022 (wb).
January 19, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #47 MOTION for Matthew L. Fedowitz to Appear Pro Hac Vice on behalf of Defendant. Filing fee $ 200.00, receipt number ANYSDC-25603210. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit is not notarized.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
January 19, 2022 Opinion or Order Revised Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing set for 1/25/2022 at 10:30 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
January 13, 2022 Opinion or Order Filing 46 ORDER granting #45 Letter Motion to Adjourn Conference. Adjourned to Tuesday, January 25, 2022, at 9:30 AM. So Ordered. ( Show Cause Hearing set for 1/25/2022 at 09:30 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 1/13/22) (yv)
January 13, 2022 Opinion or Order Set Deadlines/Hearing as to #29 MOTION to Seal Portions of Defendant's Brief in Opposition to the Motion for Preliminary Injunction and Supporting Declaration and Exhibits. : Motion Hearing set for 1/25/2022 at 09:30 AM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 1/13/22) (yv)
January 13, 2022 Opinion or Order Filing 45 LETTER MOTION to Adjourn Conference One Week due to Covid-19 addressed to Judge John G. Koeltl from Jacqueline Weyand dated January 13, 2022. Document filed by Corerx, Inc.. Return Date set for 1/18/2022 at 10:30 AM..(Weyand, Jacqueline)
January 10, 2022 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing set for 1/18/2022 at 10:30 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
January 6, 2022 Opinion or Order Filing 44 CERTIFICATE OF SERVICE of Plaintiff Bionpharmas Reply Brief in Support of Motion for Preliminary Injunction; Reply Declaration of Venkat Krishnan in Support of Bionpharmas Motion for Preliminary Injunction; Reply Declaration of Charles Weiss in Support of Plaintiff Bionpharmas Motion for Preliminary Injunction; Reply Declaration of Robert McSorley in Support of Bionpharmas Motion for a Preliminary Injunction served on Corex, Inc. on January 6, 2022. Service was made by the court's ECF system. Document filed by Bionpharma Inc...(Weiss, Charles)
January 6, 2022 Opinion or Order Filing 43 REPLY AFFIDAVIT of Robert McSorley in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit S: curriculum vitae of Robert McSorley, #2 Exhibit T: screen shots).(Weiss, Charles)
January 6, 2022 Opinion or Order Filing 42 REPLY AFFIDAVIT of Charles Weiss in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit Q: portions of e-mail exchange, #2 Exhibit R: portions of the trial transcript in Silvergate Pharmaceuticals, Inc. v Amneal Pharmaceuticals 19-678-LPS (D. Del)).(Weiss, Charles)
January 6, 2022 Opinion or Order Filing 41 REPLY AFFIDAVIT of Venkat Krishnan in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc...(Weiss, Charles)
January 6, 2022 Opinion or Order Filing 40 REPLY MEMORANDUM OF LAW re: #8 Proposed Order to Show Cause With Emergency Relief . Document filed by Bionpharma Inc...(Weiss, Charles)
December 31, 2021 Opinion or Order Filing 39 STIPULATION ON CONSENT AND ORDER EXTENDING CORERX'S TIME TO RESPOND TO THE COMPLAINT: The above application is ORDERED GRANTED. CoreRx's time to respond to the Complaint is extended to January 28, 2022. This 31 day of December 2021., Motions terminated: #38 LETTER MOTION for Extension of Time to File Response to Complaint with Proposed Order addressed to Judge John G. Koeltl from Jacqueline M. Weyand dated December 30, 2021. filed by Corerx, Inc.., (Signed by Judge John G. Koeltl on 12/31/2021) Corerx, Inc. answer due 1/28/2022. (ks)
December 30, 2021 Opinion or Order Filing 38 LETTER MOTION for Extension of Time to File Response to Complaint with Proposed Order addressed to Judge John G. Koeltl from Jacqueline M. Weyand dated December 30, 2021. Document filed by Corerx, Inc...(Weyand, Jacqueline)
December 30, 2021 Opinion or Order Filing 37 CERTIFICATE OF SERVICE of Brief in Opposition to Preliminary Injunction, Supporting Declaration and Expert Declaration served on Bionpharma Inc. on 12/29/2021. Document filed by Corerx, Inc...(Russ, Peter)
December 30, 2021 Opinion or Order Filing 36 ***SELECTED PARTIES***DECLARATION of Ivan T. Hofmann in Opposition re: #5 MOTION to Seal Portions of Plaintiff's Motion For Preliminary Injunction and Supporting Declaration and Exhibits.. Document filed by Corerx, Inc., Bionpharma Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)Motion or Order to File Under Seal: #29 .(Russ, Peter)
December 30, 2021 Opinion or Order Filing 35 ***SELECTED PARTIES*** OPPOSITION BRIEF re: #8 Proposed Order to Show Cause With Emergency Relief . Document filed by Corerx, Inc., Bionpharma Inc..Motion or Order to File Under Seal: #29 .(Russ, Peter)
December 29, 2021 Opinion or Order Filing 34 DECLARATION of Ivan T. Hofmann in Opposition re: #5 MOTION to Seal Portions of Plaintiff's Motion For Preliminary Injunction and Supporting Declaration and Exhibits.. Document filed by Corerx, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22).(Russ, Peter)
December 29, 2021 Opinion or Order Filing 33 DECLARATION of Ajay Damani in Opposition re: #5 MOTION to Seal Portions of Plaintiff's Motion For Preliminary Injunction and Supporting Declaration and Exhibits.. Document filed by Corerx, Inc...(Russ, Peter)
December 29, 2021 Opinion or Order Filing 32 OPPOSITION BRIEF re: #8 Proposed Order to Show Cause With Emergency Relief . Document filed by Corerx, Inc...(Russ, Peter)
December 29, 2021 Opinion or Order Filing 31 DECLARATION of Peter S. Russ in Support re: #29 MOTION to Seal Portions of Defendant's Brief in Opposition to the Motion for Preliminary Injunction and Supporting Declaration and Exhibits.. Document filed by Corerx, Inc...(Russ, Peter)
December 29, 2021 Opinion or Order Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Seal Portions of Defendant's Brief in Opposition to the Motion for Preliminary Injunction and Supporting Declaration and Exhibits. . Document filed by Corerx, Inc...(Russ, Peter)
December 29, 2021 Opinion or Order Filing 29 MOTION to Seal Portions of Defendant's Brief in Opposition to the Motion for Preliminary Injunction and Supporting Declaration and Exhibits. Document filed by Corerx, Inc.. (Attachments: #1 Text of Proposed Order).(Russ, Peter)
December 28, 2021 Opinion or Order Filing 28 ***SELECTED PARTIES***AMENDED MEMORANDUM OF LAW in Support re: #13 Memorandum of Law in Support, (corrected date on page 3). Document filed by Bionpharma Inc., Corerx, Inc.. Motion or Order to File Under Seal: #5 .(Weiss, Charles)
December 28, 2021 Opinion or Order Filing 27 AMENDED MEMORANDUM OF LAW in Support re: #9 Memorandum of Law in Support (corrected date on page 3). Document filed by Bionpharma Inc...(Weiss, Charles)
December 23, 2021 Opinion or Order Filing 26 SUMMONS RETURNED EXECUTED Summons and Complaint served. Corerx, Inc. served on 12/20/2021, answer due 1/10/2022. Service was accepted by Peter S. Ross, Esq., Counsel for Defendant. Service was made by Email. Document filed by Bionpharma Inc...(Weiss, Charles)
December 15, 2021 Opinion or Order Filing 25 STIPULATION AND ORDER: Now therefore, subject to the Court's approval, the parties stipulate and agree as follows: 1. CoreRx shall file and serve its opposition to Bionpharma's motion for a preliminary injunction by December 29, 2021; 2. Bionpharma shall file and serve its reply by January 6, 2021. 3. The Court will hear argument on the motion on January 18, 2022, commencing at 10:30 am. The parties will present evidence by affidavit or declaration, without live testimony. As further set forth in this Order. SO ORDERED. (Signed by Judge John G. Koeltl on 12/15/2021) ( Responses due by 12/29/2021, Replies due by 1/6/2021.) (ks)
December 15, 2021 Opinion or Order Filing 24 PROPOSED STIPULATION AND ORDER. Document filed by Bionpharma Inc...(Weiss, Charles)
December 15, 2021 Opinion or Order Filing 23 ORDER: The time to submit joint or separate letters addressing the matters raised at the December 14, 2021 conference is extended to December 15, 2021 at 5:00 p.m. (Signed by Judge John G. Koeltl on 12/15/2021) (ate)
December 15, 2021 Opinion or Order Filing 22 ORDER: As stated at the conference held today, a conference is scheduled for December 16, 2021 at 3:00 p.m. The parties may access the conference using the following dial-in: 888-363-4749, with access code 8140049. The parties are directed to submit joint or separate letters addressing the matters raised at the conference held today by December 15, 2021 at 2:00 p.m. SO ORDERED. (Signed by Judge John G. Koeltl on 12/14/2021) (ks)
December 15, 2021 Opinion or Order Set/Reset Deadlines as to Motion Hearing set for 1/18/2022 at 10:30 AM before Judge John G. Koeltl. (ks)
December 14, 2021 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing held on 12/14/2021. (Fletcher, Donnie)
December 14, 2021 Opinion or Order Filing 21 ORDER granting #5 Plaintiff's Motion to Seal. it is hereby ORDERED that Plaintiffs Motion to Seal is GRANTED, and it is FURTHER ORDERED that the (i) specific portions of Plaintiff Bionpharma's Brief in Support of Motion for Preliminary Injunction, (ii) specific portions of the Declaration of Venkat Krishnan in support of Plaintiffs Motion for Preliminary Injunction, (iii) specific portions of Exhibits F, I, J, L, M, N, and O to the Declaration of Venkat Krishnan, and (iv) specific portions of the Declaration of Marisa Marinelli, Esq. in Support of Plaintiff Bionpharma's Application for Order to Show Cause with Temporary Restraints, and Motion for Preliminary Injunction shall remain redacted in the public record of this case. So Ordered. (Signed by Judge John G. Koeltl on 12/14/2021) (js)
December 14, 2021 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Marisa A. Marinelli on behalf of Bionpharma Inc...(Marinelli, Marisa)
December 14, 2021 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Jacqueline M Weyand on behalf of Corerx, Inc.. (Attachments: #1 Certificate of Service).(Weyand, Jacqueline)
December 14, 2021 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Peter Stephen Russ on behalf of Corerx, Inc.. (Attachments: #1 Certificate of Service).(Russ, Peter)
December 14, 2021 Opinion or Order Filing 17 ELECTRONIC SUMMONS ISSUED as to Corerx, Inc...(gp)
December 14, 2021 Opinion or Order Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)
December 14, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)
December 14, 2021 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing set for today, 12/14/2021 at 04:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
December 14, 2021 Opinion or Order Case Designated ECF. (gp)
December 14, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #8 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
December 14, 2021 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing set for 12/16/2021 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
December 13, 2021 Opinion or Order Filing 16 CERTIFICATE OF SERVICE of all documents served on Corerx, Inc. on 12/13/2021. Service was made by Email to Peter S. Russ, Rajiv Khanna and Matthew L. Fedowitz.. Document filed by Bionpharma Inc...(Weiss, Charles)
December 13, 2021 Opinion or Order Filing 15 ***SELECTED PARTIES***DECLARATION of Marisa Marinelli in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc., Corerx, Inc.. Motion or Order to File Under Seal: #5 .(Marinelli, Marisa)
December 13, 2021 Opinion or Order Filing 14 ***SELECTED PARTIES***DECLARATION of Venkat Krishnan in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc., Corerx, Inc.. (Attachments: #1 Exhibit F, #2 Exhibit I, #3 Exhibit J, #4 Exhibit L, #5 Exhibit M, #6 Exhibit N, #7 Exhibit O)Motion or Order to File Under Seal: #5 .(Weiss, Charles)
December 13, 2021 Opinion or Order Filing 13 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #8 Proposed Order to Show Cause With Emergency Relief for Preliminary Injunction. Document filed by Bionpharma Inc., Corerx, Inc.. Motion or Order to File Under Seal: #5 .(Weiss, Charles)
December 13, 2021 Opinion or Order Filing 12 DECLARATION of Iltifat Hasan in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc...(Marinelli, Marisa)
December 13, 2021 Opinion or Order Filing 11 DECLARATION of Marisa Marinelli in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit P).(Marinelli, Marisa)
December 13, 2021 Opinion or Order Filing 10 DECLARATION of Venkat Krishnan in Support re: #8 Proposed Order to Show Cause With Emergency Relief. Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L, #8 Exhibit M, #9 Exhibit N, #10 Exhibit O).(Weiss, Charles)
December 13, 2021 Opinion or Order Filing 9 MEMORANDUM OF LAW in Support re: #8 Proposed Order to Show Cause With Emergency Relief for Preliminary Injunction. Document filed by Bionpharma Inc...(Weiss, Charles)
December 13, 2021 Opinion or Order Filing 8 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Bionpharma Inc...(Weiss, Charles) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
December 13, 2021 Opinion or Order Filing 7 DECLARATION of Marisa Marinelli in Support re: #5 MOTION to Seal Portions of Plaintiff's Motion For Preliminary Injunction and Supporting Declaration and Exhibits.. Document filed by Bionpharma Inc...(Marinelli, Marisa)
December 13, 2021 Opinion or Order Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Seal Portions of Plaintiff's Motion For Preliminary Injunction and Supporting Declaration and Exhibits. . Document filed by Bionpharma Inc...(Weiss, Charles)
December 13, 2021 Opinion or Order Filing 5 MOTION to Seal Portions of Plaintiff's Motion For Preliminary Injunction and Supporting Declaration and Exhibits. Document filed by Bionpharma Inc.. (Attachments: #1 Text of Proposed Order).(Weiss, Charles)
December 13, 2021 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to CoreRx, Inc., re: #1 Complaint. Document filed by Bionpharma Inc...(Weiss, Charles)
December 13, 2021 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bionpharma Inc...(Weiss, Charles)
December 13, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Weiss, Charles)
December 13, 2021 Opinion or Order Filing 1 COMPLAINT against Corerx, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25462887)Document filed by Bionpharma Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Weiss, Charles)

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Search for this case: Bionpharma Inc. v. Corerx, Inc.
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Plaintiff: Bionpharma Inc.
Represented By: Charles Alan Weiss
Represented By: Marisa A. Marinelli
Represented By: Brian Murray
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Defendant: Corerx, Inc.
Represented By: Jacqueline M Weyand
Represented By: Peter Stephen Russ
Represented By: Abigail Flynn Coster
Represented By: Mark Allen Robertson
Represented By: Robin D. Adelstein
Represented By: Anthony Lauriello
Represented By: Matthew Niss
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Intervenor: Azurity Pharmaceuticals, Inc.
Represented By: Eli Bard Richlin
Represented By: Jeffrey C. Bank
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