ChemImage Corporation v. Johnson & Johnson et al
| ChemImage Corporation |
| Johnson & Johnson and Ethicon, Inc. |
| 1:2024cv02646 |
| April 8, 2024 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on October 23, 2024. A more recent docket listing may be available from PACER.
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Filing 43
DECLARATION of Rachel Sherman in Support re: #41 MOTION to Dismiss partially the Amended Complaint.. Document filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, Termination notice on March 6, 2023, #2 Exhibit 2, Final VAB Report (excerpt) sent on December 16, 2022).(Sherman, Rachel)
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Filing 42
MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss partially the Amended Complaint. . Document filed by Ethicon, Inc., Johnson & Johnson..(Sherman, Rachel)
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Filing 41
MOTION to Dismiss partially the Amended Complaint. Document filed by Ethicon, Inc., Johnson & Johnson..(Sherman, Rachel)
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Filing 40
ORDER granting #39 Letter Motion to Expedite. Application GRANTED. The Clerk is directed to terminate ECF No. 39. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/3/24) (yv)
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Filing 39
CONSENT LETTER MOTION to Expedite - seeking to modify the schedule of Defendants' forthcoming motion to dismiss addressed to Judge Jesse M. Furman from Rachel Sherman dated June 3, 2024. Document filed by Ethicon, Inc., Johnson & Johnson..(Sherman, Rachel)
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Filing 38
REDACTION to #36 Amended Complaint, (Public Version with Redactions) by ChemImage Corporation (Attachments: #1 Exhibit 1- to Amended Complaint ChemImage Agreement (Public Version with Redactions)).(Spiro, Alex)
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Filing 37
ORDER granting #35 Letter Motion to Seal. Application GRANTED, subject to reconsideration in the event that any party or third party files a motion to unseal a particular document or documents. Plaintiff shall file proposed redactions on the public docket no later than May 30, 2024. Moving forward, the parties should adhere to Rule 7(C)(iii) of the Court's Individual Rules for documents that they wish to file in redacted form on the public docket -- that is, the parties should propose a redacted version at the time of the initial filing, rather than bifurcate their requests for sealing (of the unredacted version) and redacting. The Clerk is directed to terminate ECF No. 35. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/28/24) (yv)
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Filing 36
***SELECTED PARTIES*** AMENDED COMPLAINT amending #1 Complaint against Ethicon, Inc., Johnson & Johnson.Document filed by Ethicon, Inc., ChemImage Corporation, Johnson & Johnson. Related document: #1 Complaint. (Attachments: #1 Exhibit 1 Ethicon Agreement, #2 Exhibit 2 Amended Complaint, Redline)Motion or Order to File Under Seal: #35 .(Whang, Courtney)
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Filing 35
LETTER MOTION to Seal amended complaint and exhibits addressed to Judge Jesse M. Furman from Courtney C. Whang dated 5/24/2024. Document filed by ChemImage Corporation..(Whang, Courtney)
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Filing 34
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). Motions due by 5/24/2024. Deposition due by 11/25/2024. Fact Discovery due by 9/19/2024. Expert Discovery due by 11/25/2024. This case is not to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 5 days. Telephone Conference set for 8/14/2024 at 10:00 AM before Judge Jesse M. Furman. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-150, followed by the pound (#) key. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/21/24) (yv)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 5/21/2024. Courtney Christine Whang and Andrew Rossman present for Plaintiff. Rachel Sherman, Christopher Wilds, and Emma Ellman-Golan present for Defendant. Court reporter present. (ab)
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Filing 33
LETTER addressed to Judge Jesse M. Furman from Rachel B. Sherman in Response to Plaintiff's May 16, 2024 Letter dated May 20, 2024 Document filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A - (Proposed) Civil Case Management Plan and Scheduling Order).(Sherman, Rachel)
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Filing 32
NOTICE OF APPEARANCE by Christopher Wilds on behalf of Ethicon, Inc., Johnson & Johnson..(Wilds, Christopher)
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Filing 31
MEMO ENDORSEMENT on re: #30 Letter, filed by ChemImage Corporation. ENDORSEMENT: The parties shall appear for an in person initial pretrial conference with the Court on May 21, 2024, at 10:15 a.m. in Courtroom 1105 of the Thurgood Marshall United States Courthouse. If Defendant wishes to file a pre-conference letter addressing the issues discussed below, it shall do so no later than 5 p.m. on May 20, 2024. If counsel for either party is not available on May 21st, the parties shall promptly file a joint letter-motion providing dates and times that all counsel are available during the weeks of May 20 and May 27. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/17/2024) (sgz)
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Set/Reset Hearings: Initial Conference set for 5/21/2024 at 10:15 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (sgz)
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Filing 30
LETTER addressed to Judge Jesse M. Furman from Courtney C. Whang dated 5/16/2024 re: Initial Case Management Conference. Document filed by ChemImage Corporation. (Attachments: #1 Exhibit A Proposed Case Management Plan and Scheduling Order, #2 Exhibit B Correspondence).(Whang, Courtney)
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Filing 29
ORDER granting #24 Letter Motion to Seal. Application GRANTED, subject to reconsideration in the event that any party or third party files a motion to unseal a particular document or documents. The Clerk is directed to terminate ECF No. 24.SO ORDERED. (Signed by Judge Jesse M. Furman on 5/6/24) (yv)
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Filing 28
ORDER, It is hereby ORDERED that Plaintiff shall file any amended complaint by May 24, 2024. Pursuant to Paragraph 1.B. of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, any amended complaint should be filed with a redline showing all differences between the original and revised filing. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by May 24, 2024. Defendants' reply, if any, shall be filed by May 31, 2024. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for May 22, 2024 is adjourned sine die.SO ORDERED. ( Amended Pleadings due by 5/24/2024., Responses due by 5/24/2024, Replies due by 5/31/2024.) (Signed by Judge Jesse M. Furman on 5/6/24) (yv)
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Filing 27
DECLARATION of Rachel Sherman in Support re: #23 MOTION to Dismiss the Complaint.. Document filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, Termination letter, dated March 6, 2023).(Sherman, Rachel)
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Filing 26
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss the Complaint. . Document filed by Ethicon, Inc., Johnson & Johnson, ChemImage Corporation. Motion or Order to File Under Seal: #24 .(Sherman, Rachel)
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Filing 25
MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss the Complaint. (Redacted per #24 ). Document filed by Ethicon, Inc., Johnson & Johnson..(Sherman, Rachel)
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Filing 24
LETTER MOTION to Seal addressed to Judge Jesse M. Furman from Rachel Sherman dated May 3, 2024. Document filed by Ethicon, Inc., Johnson & Johnson..(Sherman, Rachel)
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Filing 23
MOTION to Dismiss the Complaint. Document filed by Ethicon, Inc., Johnson & Johnson..(Sherman, Rachel)
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Filing 22
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Johnson & Johnson for Ethicon, Inc.. Document filed by Ethicon, Inc...(Sherman, Rachel)
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Filing 21
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Johnson & Johnson..(Sherman, Rachel)
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Filing 20
NOTICE OF APPEARANCE by Diana Marie Conner on behalf of Ethicon, Inc., Johnson & Johnson..(Conner, Diana)
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Filing 19
NOTICE OF APPEARANCE by Rachel Beth Sherman on behalf of Ethicon, Inc., Johnson & Johnson..(Sherman, Rachel)
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Filing 18
NOTICE OF APPEARANCE by William Francis Cavanaugh, Jr on behalf of Ethicon, Inc., Johnson & Johnson..(Cavanaugh, William)
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Filing 17
REDACTION (Complaint) per 04/29/2024 Order by ChemImage Corporation (Attachments: #1 Exhibit 1 - ChemImage-Ethicon Agreement).(Spiro, Alex)
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Filing 16
ORDER granting #14 Letter Motion to Seal; terminating #15 Letter Motion for Leave to File Document. Application GRANTED. Based on a review of the proposed redactions in the Complaint and its attachment, see ECF Nos. 15-1, 15-2, 15-3, 15-4, the Court finds that the proposed redactions are narrowly tailored to further interests that are sufficient to outweigh the presumption in favor of public access. Accordingly, the application is granted, subject to reconsideration in the event that any party or third party files a motion to unseal a particular document or documents. Plaintiff shall file the redacted version of the Complaint and its attachment on the public docket within two business days. The Clerk of Court is directed to place ECF No. 1 under seal (i.e., with viewing restricted to the Court and parties), and to terminate ECF Nos. 14 and 15. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/26/2024) (mml) Modified on 4/29/2024 (mml).
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Filing 15
***SELECTED PARTIES*** LETTER MOTION for Leave to File Documents in Redacted Form and Strike or Seal Previously Filed Documents addressed to Judge Jesse M. Furman from Courtney C. Whang dated April 26, 2024. Document filed by ChemImage Corporation, Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1- Sealed Complaint comparison, #2 Exhibit 2- Ex. A to Sealed Complaint comparison, #3 Exhibit 3- Proposed permanent public version of Complaint with redactions, #4 Exhibit 4- Proposed permanent public version of Ex. A to Complaint with redactions)Motion or Order to File Under Seal: #14 .(Whang, Courtney)
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Filing 14
LETTER MOTION to Seal addressed to Judge Jesse M. Furman from Courtney C. Whang dated April 26, 2024. Document filed by ChemImage Corporation..(Whang, Courtney)
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Filing 13
CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference and Court's Individual Rules and Practices in Civil Cases served on Johnson & Johnson and Ethicon, Inc. on April 12, 2024. Service was made by Email. Document filed by ChemImage Corporation..(Whang, Courtney)
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Filing 12
AFFIDAVIT OF SERVICE. Ethicon, Inc. served on 4/12/2024, answer due 5/3/2024. Service was accepted by Aurora Kochersperger - Intake Specialist. Document filed by ChemImage Corporation..(Spiro, Alex)
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Filing 11
AFFIDAVIT OF SERVICE. Johnson & Johnson served on 4/12/2024, answer due 5/3/2024. Service was accepted by Aurora Kochersperger - Intake Specialist. Document filed by ChemImage Corporation..(Spiro, Alex)
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Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #12 Affidavit) - AFFIDAVIT OF SERVICE of Summons and Complaint served on Ethicon, Inc. on April 11, 2024. Service was accepted by Aurora Kochersperger - Intake Specialist. Document filed by ChemImage Corporation. (Spiro, Alex) Modified on 4/15/2024 (db). As per ECF-ERROR Email Correspondence Received on 4/12/2024 @ 7:16pm.
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Filing 9
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #11 Affidavit) - AFFIDAVIT OF SERVICE of Summons and Complaint served on Johnson & Johnson on April 11, 2024. Service was accepted by Aurora Kochersperger - Intake Specialist. Document filed by ChemImage Corporation. (Spiro, Alex) Modified on 4/15/2024 (db). As per ECF-ERROR Email Correspondence Received on 4/12/2024 @ 7:16pm.
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on May 22, 2024 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 5/22/2024 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/11/24) (yv)
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Filing 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DBM Associates, LLC, Other Affiliate Cardiovere, LLC, Other Affiliate ChemImage BioMedical, LLC, Other Affiliate ChemImage BioThreat, LLC, Other Affiliate ChemImage Filter Technologies, LLC, Other Affiliate ChemImage Forensics, LLC, Other Affiliate ChemImage Technologies, LLC, Other Affiliate Innotescus, LLC for ChemImage Corporation. Document filed by ChemImage Corporation..(Spiro, Alex)
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Filing 6
NOTICE OF APPEARANCE by Andrew J. Rossman on behalf of ChemImage Corporation..(Rossman, Andrew)
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Filing 5
NOTICE OF APPEARANCE by Courtney Christine Whang on behalf of ChemImage Corporation..(Whang, Courtney)
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Filing 4
NOTICE OF APPEARANCE by Alex Spiro on behalf of ChemImage Corporation..(Spiro, Alex)
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Courtney Christine Whang for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint, #2 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (pc)
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Filing 3
SEALED DOCUMENT placed in vault..(jus)
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Filing 2
CIVIL COVER SHEET filed..(pc) (jgo).
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Filing 1
COMPLAINT against Ethicon, Inc., Johnson & Johnson. (Filing Fee $ 405.00, Receipt Number 28115)Document filed by ChemImage Corporation..(pc) (gp). (Additional attachment(s) added on 4/9/2024: #1 Exhibit) (jgo).
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SUMMONS ISSUED as to Ethicon, Inc...(pc)
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SUMMONS ISSUED as to Johnson & Johnson..(pc)
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Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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. (pc)
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ORDER REDACTING PLEADING FILED IN 24MC168. Document filed by ChemImage Corporation..(pc)
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Case Designated ECF. (pc)
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