Molecular Dynamics Ltd. v. Spectrum Dynamics Medical Limited et al
Molecular Dynamics Ltd. |
Spectrum Dynamics Medical Limited and Biosensors International Group Ltd. |
1:2022cv04332 |
May 26, 2022 |
US District Court for the Southern District of New York |
Paul A Engelmayer |
Other Statutes: Arbitration |
09 U.S.C. § 205 Removal from State Court: Enforcement of Foreign Arbital Awards |
None |
Docket Report
This docket was last retrieved on July 22, 2022. A more recent docket listing may be available from PACER.
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Filing 52 SUPPLEMENTAL BRIEF re: #37 Order on Motion to Remand to State Court,,, in Further Support of a Preliminary Injunction. Document filed by Molecular Dynamics Ltd.. (Attachments: #1 Exhibit A - Transcript of June 10, 2022 Hearing).(Shuster, Michael) |
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Filing 50 LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Scott M. Danner dated June 27, 2022 re: #19 LETTER MOTION to Seal addressed to Judge Paul A. Engelmayer from Frederick L. Whitmer dated June 3, 2022. . Document filed by Molecular Dynamics Ltd.. (Attachments: #1 Exhibit A - Proposed Redactions to Dkt. 20-5).(Danner, Scott) |
Filing 49 ANSWER to Complaint. Document filed by Biosensors International Group Ltd...(Whitmer, Frederick) |
Filing 48 OPPOSITION BRIEF re: #37 Order on Motion to Remand to State Court,,, Biosensors' Supplemental Brief Opposing Continuation of Injunctive Relief. Document filed by Biosensors International Group Ltd...(Whitmer, Frederick) |
Filing 47 DECLARATION of Alex Hall Taylor QC in Opposition re: #46 Opposition Brief. Document filed by Spectrum Dynamics Medical Limited. (Attachments: #1 Exhibit 1 - BVI Abitration Act Section 43, #2 Exhibit 2 - Decision FG v. HJ, #3 Exhibit 3 - Stichting Nems v. Igor Borisovitch Gitlin, #4 Exhibit 4 - Stichting Nems v. Anna Radchenko, #5 Exhibit 5 - BVI ex parte Hearing Transcript July 31, 2019).(Cinotti, David) |
Filing 46 OPPOSITION BRIEF re: #37 Order on Motion to Remand to State Court,,, . Document filed by Spectrum Dynamics Medical Limited..(Cinotti, David) |
Filing 45 ANSWER to Complaint. Document filed by Spectrum Dynamics Medical Limited..(Cinotti, David) |
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Filing 43 ***SELECTED PARTIES*** RESPONSE re: #37 Order on Motion to Remand to State Court,,, (Biosensors's proposed redactions to the sealed exhibits at docket 20).. Document filed by Biosensors International Group Ltd., Molecular Dynamics Ltd., Spectrum Dynamics Medical Limited. (Attachments: #1 Affidavit Affirmation of Frederick L. Whitmer, #2 Exhibit 1 (with proposed redactions highlighted), #3 Exhibit 2 (with proposed redactions highlighted, #4 Exhibit 3 (with proposed redactions highlighted, #5 Exhibit 4 (with proposed redactions highlighted, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7 (Part 1 of 3), #9 Exhibit 7 (Part 2 of 3), #10 Exhibit 7 (Part 7 of 3), #11 Exhibit 8)Motion or Order to File Under Seal: #42 .(Whitmer, Frederick) |
Filing 42 RESPONSE re: #37 Order on Motion to Remand to State Court,,, (Biosensors's proposed redactions to the sealed exhibits at docket 20). Document filed by Biosensors International Group Ltd.. (Attachments: #1 Affidavit Affirmation of Frederick L. Whitmer, #2 Exhibit 1 (Redacted), #3 Exhibit 2 (Redacted), #4 Exhibit 3 (Redacted), #5 Exhibit 4 (Redacted), #6 Exhibit 5-8).(Whitmer, Frederick) |
Filing 41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/10/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
Filing 40 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/10/2022 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Raquel Robles, (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 7/8/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/15/2022..(McGuirk, Kelly) |
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Filing 38 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from David N. Cinotti and Frederick L. Whitmer dated June 14, 2022. Document filed by Biosensors International Group Ltd., Spectrum Dynamics Medical Limited..(Cinotti, David) |
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Minute Entry for proceedings held before Judge Paul A. Engelmayer: Show Cause Hearing held on 6/10/2022. Court reporter present. (ajs) |
Filing 36 LETTER addressed to Judge Paul A. Engelmayer from David N. Cinotti dated June 9, 2022 re: Defendants' response to Order (ECF 31) regarding motion to remand. Document filed by Biosensors International Group Ltd., Spectrum Dynamics Medical Limited..(Cinotti, David) |
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Set/Reset Deadlines: Brief due by 6/9/2022. (va) |
Filing 34 DECLARATION of Scott M. Danner in Support re: #12 Order to Show Cause,,,,,,, #7 Proposed Temporary Restraining Order. Document filed by Molecular Dynamics Ltd.. (Attachments: #1 Exhibit 7 - Order by Hon. K. Neville Adderley).(Shuster, Michael) |
Filing 33 REPLY MEMORANDUM OF LAW in Support re: #12 Order to Show Cause,,,,,,, #7 Proposed Temporary Restraining Order . Document filed by Molecular Dynamics Ltd...(Shuster, Michael) |
Filing 32 RESPONSE re: #26 Order on Motion to Seal,, . Document filed by Biosensors International Group Ltd...(Whitmer, Frederick) |
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Filing 30 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Scott M. Danner dated June 6, 2022. Document filed by Molecular Dynamics Ltd...(Danner, Scott) |
Filing 29 DECLARATION of Scott M. Danner in Support re: #27 MOTION to Remand to State Court .. Document filed by Molecular Dynamics Ltd.. (Attachments: #1 Exhibit A - May 26 2022 Email of S. Mack, #2 Exhibit B - May 27 2022 Email of D. Cinotti).(Shuster, Michael) |
Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Remand to State Court . . Document filed by Molecular Dynamics Ltd...(Shuster, Michael) |
Filing 27 MOTION to Remand to State Court . Document filed by Molecular Dynamics Ltd...(Shuster, Michael) |
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Filing 25 DECLARATION of David N. Cinotti in Support re: #22 Response to Order to Show Cause. Document filed by Spectrum Dynamics Medical Limited. (Attachments: #1 Exhibit 1 - Gary B. Born excerpt).(Cinotti, David) |
Filing 24 DECLARATION of Anne Veronique Schlaepfer in Support re: #22 Response to Order to Show Cause. Document filed by Spectrum Dynamics Medical Limited. (Attachments: #1 Exhibit 1 - Curriculum Vitae, #2 Exhibit 2 - Article 190 of the PILA, #3 Exhibit 3 - International and Domestic Arbitration in Switzerland, #4 Exhibit 4 - International Arbitration Law and Practice in Switzerland).(Cinotti, David) |
Filing 23 DECLARATION of Pascal V. Cabanel in Support re: #22 Response to Order to Show Cause. Document filed by Spectrum Dynamics Medical Limited. (Attachments: #1 Exhibit 1 - BVI Final Judgment).(Cinotti, David) |
Filing 22 RESPONSE TO ORDER TO SHOW CAUSE re: #12 Order to Show Cause,,,,,,,. Document filed by Spectrum Dynamics Medical Limited..(Cinotti, David) |
Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bluesail Medical Co. Ltd for Biosensors International Group Ltd.. Document filed by Biosensors International Group Ltd...(Whitmer, Frederick) |
Filing 20 ***SELECTED PARTIES***AFFIRMATION of Frederick L. Whitmer in Support re: #19 LETTER MOTION to Seal addressed to Judge Paul A. Engelmayer from Frederick L. Whitmer dated June 3, 2022.. Document filed by Biosensors International Group Ltd., Molecular Dynamics Ltd., Spectrum Dynamics Medical Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Errata 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (Part 1 of 3), #8 Exhibit 7 (Part 2 of 3), #9 Exhibit 7 (Part 3 of 3), #10 Exhibit 8)Motion or Order to File Under Seal: #19 .(Whitmer, Frederick) |
Filing 19 LETTER MOTION to Seal addressed to Judge Paul A. Engelmayer from Frederick L. Whitmer dated June 3, 2022. Document filed by Biosensors International Group Ltd...(Whitmer, Frederick) |
Filing 18 AFFIRMATION of Frederick L. Whitmer in Support re: #17 Opposition Brief. Document filed by Biosensors International Group Ltd.. (Attachments: #1 Exhibit 1-8).(Whitmer, Frederick) |
Filing 17 OPPOSITION BRIEF re: #12 Order to Show Cause,,,,,,, . Document filed by Biosensors International Group Ltd...(Whitmer, Frederick) |
Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Spectrum Dynamics Medical Group Limited for Spectrum Dynamics Medical Limited. Document filed by Spectrum Dynamics Medical Limited..(Mack, Sean) |
Filing 15 CERTIFICATE OF SERVICE of The Order to Show Cause for Temporary Restraining Order, Declaration of Scott M. Danner in Support of Motion for a Temporary Restraining Order with exhibits 1 - 6, Memorandum of Law in Support of Plaintiff's Motion for a Temporary Restraining Order, Order to Show Cause to Seal, Affirmation of Scott M. Danner in Support of Order to Show Cause to Seal served on Spectrum Dynamics Medical Limited and Biosensors International Group Ltd. on May 27, 2022. Service was made by Email. Document filed by Molecular Dynamics Ltd...(Danner, Scott) |
Filing 14 NOTICE OF APPEARANCE by Frederick L. Whitmer on behalf of Biosensors International Group Ltd...(Whitmer, Frederick) |
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Filing 11 ***SELECTED PARTIES***DECLARATION of Scott M. Danner re: #7 Proposed Temporary Restraining Order . Document filed by Molecular Dynamics Ltd., Biosensors International Group Ltd., Spectrum Dynamics Medical Limited. (Attachments: #1 Exhibit 1 - Notice of Filing of Notice of Removal, #2 Exhibit 2 - Tattevin Affidavit, #3 Exhibit 3 - Tattevin Affidavit Ex A, #4 Exhibit 4 - Tattevin Affidavit Ex B, #5 Exhibit 5 - Tattevin Affidavit Ex C, #6 Exhibit 6 - Tattevin Affidavit Ex D)Motion or Order to File Under Seal: #9 .(Shuster, Michael) |
Filing 10 AFFIRMATION of Scott M. Danner re: #9 Proposed Order to Show Cause With Emergency Relief (to Seal). Document filed by Molecular Dynamics Ltd...(Shuster, Michael) |
Filing 9 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Molecular Dynamics Ltd...(Shuster, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
Filing 8 MEMORANDUM OF LAW re: #7 Proposed Temporary Restraining Order . Document filed by Molecular Dynamics Ltd...(Shuster, Michael) |
Filing 7 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Molecular Dynamics Ltd...(Shuster, Michael) Proposed Order to be reviewed by Clerk's Office staff. |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sean Mack. The party information for the following party/parties has been modified: Biosensors International Group Ltd., Spectrum Dynamics Medical Limited, Molecular Dynamics Ltd. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(vf) |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sean Mack. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S. (vf) |
***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #7 Proposed Temporary Restraining Order was reviewed and approved as to form. (km) |
Magistrate Judge Valerie Figueredo 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. (vf) |
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #9 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
Set/Reset Deadlines: Responses due by 6/3/2022 Replies due by 6/7/2022. (jca) |
Case Designated ECF. (vf) |
Filing 6 NOTICE OF APPEARANCE by Scott Manning Danner on behalf of Molecular Dynamics Ltd...(Danner, Scott) |
Filing 5 NOTICE OF APPEARANCE by Michael S. Shuster on behalf of Molecular Dynamics Ltd...(Shuster, Michael) |
Filing 4 CERTIFICATE OF SERVICE of Notice of Removal served on Plaintiff, Molecular Dynamics Ltd. and Defendant, Biosensors International Group Ltd. on May 26, 2022. Service was accepted by Counsel for Plaintiff Scott Danner and Michael Shuster and Counsel for Defendant Biosensors Frederick Whitmer, Russ Korn and Richard Goldstucker. Document filed by Spectrum Dynamics Medical Limited..(Mack, Sean) |
Filing 3 NOTICE OF APPEARANCE by David Neil Cinotti on behalf of Spectrum Dynamics Medical Limited..(Cinotti, David) |
Filing 2 CIVIL COVER SHEET filed..(Mack, Sean) |
Filing 1 NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 656466/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26200497).Document filed by Biosensors International Group Ltd., Spectrum Dynamics Medical Limited. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B-1 - Dkt 2 Proposed OSC for PI, #3 Exhibit B-2 Dkt 3 Memo of Law ISO PI, #4 Exhibit B-3 Dkt 4 Tattevin Affirmation, #5 Exhibit B-4 Tattevin Aff - Exs A-D, #6 Exhibit B-5 Dkt 9 Proposed OSC to Seal, #7 Exhibit B-6 Dkt 10 Memo of law ISO OSC to Seal, #8 Exhibit B-7 Dkt 11 Danner Aff ISO OSC to Seal).(Mack, Sean) |
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