PharmacyChecker.com LLC v. National Association of Boards of Pharmacy et al
Plaintiff: PharmacyChecker.com LLC
Defendant: Partnership for Safe Medicines, Inc., Center for Safe Internet Pharmacies Ltd., LegitScript LLC and Alliance for Safe Online Pharmacies
Counter Claimant: National Association of Boards of Pharmacy
Case Number: 7:2019cv07577
Filed: August 13, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Paul E Davison
Referring Judge: Kenneth M Karas
Nature of Suit: Anti-Trust
Cause of Action: 28 U.S.C. ยง 1337 sc Sherman-Clayton Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2022 Opinion or Order Filing 324 MEMO ENDORSEMENT on re: #323 Letter, filed by PharmacyChecker.com LLC. ENDORSEMENT: Plaintiff's motion to permanently seal the conditionally sealed materials is granted. (Signed by Judge Kenneth M. Karas on 11/29/2022) (rro)
November 28, 2022 Opinion or Order Filing 323 LETTER addressed to Judge Kenneth M. Karas from Matthew Riley dated November 28, 2022 re: Permanently Sealing Information Contained in Defendants Amended Counterclaim & PCCs Letter Motion requesting Pre-Motion Conference re: Defendants Amended Counterclaim. Document filed by PharmacyChecker.com LLC..(Riley, Matthew)
November 18, 2022 Opinion or Order Filing 322 ORDER granting #318 Letter Motion to Seal and granting #313 Letter Motion to Seal. Plaintiff's letter motion to conditionally seal the referenced material in Dkt. No. 320 is granted. Defendant NABP's letter motion to conditionally seal the referenced material in Dkt No. 314 is also granted. Plaintiff's motion to permanently seal the conditionally sealed materials is due by no later than December 2, 2022. The Clerk of the Court is directed to terminate the pending motions at Dkt. Nos. 313 and 318. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/18/22) (yv) Modified on 11/18/2022 (yv).
November 18, 2022 Opinion or Order Filing 321 MEMO ENDORSEMENT on re: #319 LETTER MOTION for Conference re: #314 Amended Counterclaim, (pre-motion) addressed to Judge Kenneth M. Karas from Aaron Gott dated November 17, 2022. filed by PharmacyChecker.com LLC. ENDORSEMENT: Defendant NABP shall respond to this letter by no later than December 2, 2022. SO ORDERED., ( Responses due by 12/2/2022) (Signed by Judge Kenneth M. Karas on 11/18/22) (yv)
November 18, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 12/2/2022. (yv)
November 17, 2022 Opinion or Order Filing 320 ***SELECTED PARTIES*** LETTER MOTION for Conference re: #314 Amended Counterclaim, (pre-motion) addressed to Judge Kenneth M. Karas from Aaron Gott dated November 17, 2022. Document filed by PharmacyChecker.com LLC, Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc..Motion or Order to File Under Seal: #318 .(Gott, Aaron)
November 17, 2022 Opinion or Order Filing 319 LETTER MOTION for Conference re: #314 Amended Counterclaim, (pre-motion) addressed to Judge Kenneth M. Karas from Aaron Gott dated November 17, 2022. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
November 17, 2022 Opinion or Order Filing 318 LETTER MOTION to Seal conditonally certain confidential information included in plaintiff's pre-motion letter requesting a pre-motion conference re motion to dismiss NABP's amended counterclaim addressed to Judge Kenneth M. Karas from Aaron Gott dated November 17, 2022. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
November 2, 2022 Opinion or Order Filing 317 ORDER: granting #316 Letter Motion for Extension of Time. Both requests are Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/02/2022) (ama)
November 2, 2022 Opinion or Order Filing 316 LETTER MOTION for Extension of Time to respond to NABP's Amended Counterclaim (Dkt. 315) addressed to Judge Kenneth M. Karas from Aaron Gott dated November 2, 2022. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
November 2, 2022 Opinion or Order Set/Reset Deadlines: PharmacyChecker.com LLC answer due 11/17/2022. Responses due by 12/7/2022 (ama)
October 20, 2022 Opinion or Order Filing 315 AMENDED COUNTERCLAIM amending #148 Answer to Amended Complaint, Counterclaim against PharmacyChecker.com LLC.Document filed by National Association of Boards of Pharmacy. Related document: #148 Answer to Amended Complaint, Counterclaim..(Koons, Erik)
October 20, 2022 Opinion or Order Filing 314 ***SELECTED PARTIES*** AMENDED COUNTERCLAIM amending #148 Answer to Amended Complaint, Counterclaim against PharmacyChecker.com LLC.Document filed by PharmacyChecker.com LLC, National Association of Boards of Pharmacy, Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., Partnership for Safe Medicines, Inc.. Related document: #148 Answer to Amended Complaint, Counterclaim.Motion or Order to File Under Seal: #313 .(Koons, Erik)
October 20, 2022 Opinion or Order Filing 313 LETTER MOTION to Seal Conditionally NABPs Amended Counterclaim Filing addressed to Judge Kenneth M. Karas from Erik Koons dated October 10, 2022. Document filed by National Association of Boards of Pharmacy..(Koons, Erik)
October 14, 2022 Opinion or Order Filing 312 MEMO ENDORSEMENT on re: #311 Letter Proposed Redactions to Docket Nos. 292 and 292-1 filed by PharmacyChecker.com LLC. ENDORSEMENT : The Court grants Plaintiff's request to permanently seal the conditionally sealed materials at Dkt. Nos, 292 and 292-1. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/14/22) (yv)
October 13, 2022 Opinion or Order Filing 311 LETTER addressed to Judge Kenneth M. Karas from Matthew Riley dated October 13, 2022 re: Plaintiffs Submission of Proposed Redactions to Docket Nos. 292 and 292-1. Document filed by PharmacyChecker.com LLC..(Riley, Matthew)
October 4, 2022 Opinion or Order Filing 310 ORDER granting in part and denying in part #303 Letter Motion to Seal. The Court grants Plaintiff's request to permanently seal the conditionally sealed materials at Dkt. No. 296. However, Plaintiff failed to provide the Court with proposed redactions for Dkt. Nos. 292 and 291-1. Plaintiff is to propose redactions by no later than October 18, 2022. (Signed by Judge Kenneth M. Karas on 10/4/2022) (ate)
September 20, 2022 Opinion or Order Filing 309 OPINION & ORDER re: #190 MOTION to Dismiss NABP's Counterclaims. filed by PharmacyChecker.com LLC. PCC's Motion is granted. The Clerk of Court is directed to terminate the pending motion at Dkt. No. 190. Because this is the first adjudication of NABP's counterclaims on the merits, the dismissal is without prejudice. To the extent NABP has a good faith basis for filing amended counterclaims, it must do so within 30 days of the date of this Opinion & Order. Failure to properly and timely amend will result in dismissal of the counterclaims with prejudice, without further notice. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/20/22) (yv)
September 7, 2022 Opinion or Order Filing 308 ORDER GRANTING MOTION TO WITHDRAW JUSTIN W. LAMSON AS COUNSEL OF RECORD granting #306 Motion to Withdraw as Attorney. The Motion to Withdraw Justin W. Lamson as counsel of record for Defendant Partnership for Safe Medicines, Inc. in the above-captioned matter is GRANTED. case. The Clerk of the Court is directed to remove Justin W. Lamson from the docket for this SO ORDERED. (Attorney Justin Ward Lamson terminated.) (Signed by Judge Kenneth M. Karas on 9/7/22) (yv)
September 6, 2022 Opinion or Order Filing 307 AFFIDAVIT of Justin Ward Lamson in Support re: #306 MOTION for Justin Ward Lamson to Withdraw as Attorney .. Document filed by Partnership for Safe Medicines, Inc...(John, Leslie)
September 6, 2022 Opinion or Order Filing 306 MOTION for Justin Ward Lamson to Withdraw as Attorney . Document filed by Partnership for Safe Medicines, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order).(John, Leslie)
September 2, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Leslie John to RE-FILE Document #305 MOTION for Justin Ward Lamson to Withdraw as Attorney .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Use Declaration in Support of Motion found under the Event List. Only the Proposed Order and/or a Certificate of Service should be attached to this Motion. (kj)
August 31, 2022 Opinion or Order Filing 305 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Justin Ward Lamson to Withdraw as Attorney . Document filed by Partnership for Safe Medicines, Inc.. (Attachments: #1 Exhibit Lamson Declaration, #2 Text of Proposed Order Proposed Order).(John, Leslie) Modified on 9/2/2022 (kj).
August 31, 2022 Opinion or Order Filing 304 NOTICE OF APPEARANCE by James Alfred Mitchell on behalf of Partnership for Safe Medicines, Inc...(Mitchell, James)
August 26, 2022 Opinion or Order Filing 303 LETTER MOTION to Seal Permanently Briefing for Motions for Summary Judgment and Daubert Filings addressed to Judge Kenneth M. Karas from Matthew Riley dated August 26, 2022. Document filed by PharmacyChecker.com LLC..(Riley, Matthew)
August 24, 2022 Opinion or Order Filing 302 REPLY MEMORANDUM OF LAW in Support re: #273 MOTION to Strike Document No. #264 Portions of Defendants' Submissions ISO Defendants' MSJ. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
August 24, 2022 Opinion or Order Filing 301 ORDER granting #290 Letter Motion to Seal. Defendants' motion to conditionally seal the referenced material is granted. Plaintiff's motion to permanently seal the conditionally sealed materials is due no later than August 30, 2022, as per the deadline set at Dkt. No. 300. The Clerk of the Court is directed to terminate the pending motion at Dkt. No. 290. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/24/22) (yv)
August 23, 2022 Opinion or Order Filing 300 ORDER granting #294 Letter Motion to Seal; granting #295 Letter Motion to Seal. Plaintiff's letter motion to conditionally seal the referenced material in Dkt. No. 294 is granted. Plaintiff's motion to permanently seal the conditionally sealed materials is due by no later than August 30, 2022. The Clerk of the Court is directed to terminate the pending motions at Dkt. Nos. 294 and 295. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/23/22) (yv)
August 23, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 8/30/2022. (yv)
August 22, 2022 Opinion or Order Filing 299 RESPONSE in Opposition to Motion re: #280 LETTER MOTION for Conference for leave to file a motion to strike certain paragraphs of the Declaration of Gabrielle Levitt, dated July 20, 2022 addressed to Judge Kenneth M. Karas. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
August 22, 2022 Opinion or Order Filing 298 LETTER addressed to Judge Kenneth M. Karas from Matthew Riley dated August 22, 2022 re: Correcting inadvertent filing of Docket 294-1 without seal. Document filed by PharmacyChecker.com LLC..(Riley, Matthew)
August 22, 2022 Opinion or Order Filing 297 DECLARATION of Gabriel Levitt in Opposition re: #263 MOTION for Summary Judgment on Sherman Act 1 Claim.. Document filed by PharmacyChecker.com LLC..(Riley, Matthew)
August 22, 2022 Opinion or Order Filing 296 ***SELECTED PARTIES***DECLARATION of Gabriel Levitt in Opposition re: #263 MOTION for Summary Judgment on Sherman Act 1 Claim.. Document filed by PharmacyChecker.com LLC, Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. Motion or Order to File Under Seal: #294 .(Riley, Matthew)
August 22, 2022 Opinion or Order Filing 295 LETTER MOTION to Seal Amended and Supplemental Declaration of Gabriel Levitt ISO Plaintiff's Opposition to Defendants' Joint Motion for Summary Judgment (Redacted) addressed to Judge Kenneth M. Karas from Matthew Riley dated August 22, 2022. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Affidavit Amended and Supplemental Declaration of Gabriel Levitt).(Riley, Matthew)
August 22, 2022 Opinion or Order Filing 294 LETTER MOTION to Seal Amended and Supplemental Declaration of Gabriel Levitt ISO Plaintiff's Opposition to Defendants' Joint Motion for Summary Judgment addressed to Judge Kenneth M. Karas from Matthew Riley dated August 22, 2022. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Affidavit Amended and Supplemental Declaration of Gabriel Levitt).(Riley, Matthew)
August 19, 2022 Opinion or Order Filing 293 ORDER granting #289 Letter Motion to Seal. Plaintiff's motion to permanently seal the above-referenced materials is granted. The Clerk of Court is directed to terminate the pending motion at Dkt. No. 289. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/19/2022) (tg)
August 17, 2022 Opinion or Order Filing 292 ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #273 MOTION to Strike Document No. #264 Portions of Defendants' Submissions ISO Defendants' MSJ. . Document filed by Center for Safe Internet Pharmacies Ltd., Alliance for Safe Online Pharmacies, LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Affidavit of M. Kiser)Motion or Order to File Under Seal: #290 .(Plunkett, Denise)
August 17, 2022 Opinion or Order Filing 291 RESPONSE in Opposition to Motion re: #273 MOTION to Strike Document No. #264 Portions of Defendants' Submissions ISO Defendants' MSJ. . Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Affidavit of M. Kiser).(Plunkett, Denise)
August 17, 2022 Opinion or Order Filing 290 JOINT LETTER MOTION to Seal Conditionally Defendants Joint Opposition to Plaintiffs Motion To Strike addressed to Judge Kenneth M. Karas from Denise Plunkett dated August 17, 2022. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(Plunkett, Denise)
August 16, 2022 Opinion or Order Filing 289 LETTER MOTION to Seal Permanently Briefing for Motion for Summary Judgment and Daubert Filings addressed to Judge Kenneth M. Karas from Matthew Riley dated August 16, 2022. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Appendix A-C).(Riley, Matthew)
August 15, 2022 Opinion or Order Filing 288 MEMORANDUM OF LAW in Support re: #280 LETTER MOTION for Conference for leave to file a motion to strike certain paragraphs of the Declaration of Gabrielle Levitt, dated July 20, 2022 addressed to Judge Kenneth M. Karas. per #284 Order. Document filed by Center for Safe Internet Pharmacies Ltd...(Werbin, Barry)
August 12, 2022 Opinion or Order Filing 287 TRANSCRIPT of Proceedings re: conference held on 5/9/2022 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Christina Arends-Dieck, (914) 390-4103. 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 9/2/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/10/2022..(Arends-Dieck, Christina)
August 12, 2022 Opinion or Order Filing 286 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/9/22 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....(Arends-Dieck, Christina)
August 9, 2022 Opinion or Order Filing 285 ORDER granting #277 Letter Motion to Seal. Defendants' motion to conditionally seal the referenced materials is granted. Plaintiff's motion to permanently seal any and all conditionally sealed materials that were filed in conjunction with the parties' summary judgment and Daubert briefing is due by no later than August 16, 2022. The Clerk of Court is directed to terminate the pending motion at Dkt. No. 277. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/9/22) (yv)
August 9, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 8/16/2022. (yv)
August 8, 2022 Opinion or Order Filing 284 ORDER sustaining #280 Letter Motion for Conference re: #280 LETTER MOTION for Conference for leave to file a motion to strike certain paragraphs of the Declaration of Gabrielle Levitt, dated July 20, 2022 addressed to Judge Kenneth M. Karas. In lieu of a pre-motion conference, Defendants may file a five-page memorandum of law to explain why portions of the affidavit should be stricken. Defendants' memorandum of law is due by no later than August 15, 2022. Plaintiff's response is due by no later than August 22, 2022. The Clerk of Court is directed to terminate the pending motion at Dkt. No. 280. SO ORDERED.. (Signed by Judge Kenneth M. Karas on 8/8/22) (yv)
August 8, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 8/22/2022 (yv)
August 5, 2022 Opinion or Order Filing 283 REPLY MEMORANDUM OF LAW in Support re: #263 MOTION for Summary Judgment on Sherman Act 1 Claim. . Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Supplement Defendants' Reply to Plaintiff's 56.1 Statement of Material Facts, #2 Affidavit of Melanie Kiser in Support of Defendants' Joint Motion for Summary Judgment, #3 Exhibit 105, #4 Exhibit 106, #5 Exhibit 107, #6 Exhibit 108, #7 Exhibit 109, #8 Exhibit 110, #9 Exhibit 111, #10 Exhibit 112, #11 Exhibit 113, #12 Exhibit 114, #13 Exhibit 115, #14 Exhibit 116, #15 Exhibit 117, #16 Exhibit 118, #17 Exhibit 119, #18 Exhibit 120, #19 Exhibit 121, #20 Exhibit 122).(Koons, Erik)
August 5, 2022 Opinion or Order Filing 282 ***SELECTED PARTIES***DECLARATION of Gabrielle Levitt re: #280 LETTER MOTION for Conference for leave to file a motion to strike certain paragraphs of the Declaration of Gabrielle Levitt, dated July 20, 2022 addressed to Judge Kenneth M. Karas. . Document filed by Center for Safe Internet Pharmacies Ltd., Alliance for Safe Online Pharmacies, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc., PharmacyChecker.com LLC. Motion or Order to File Under Seal: #277 .(Werbin, Barry)
August 5, 2022 Opinion or Order Filing 281 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #263 MOTION for Summary Judgment on Sherman Act 1 Claim. . Document filed by Center for Safe Internet Pharmacies Ltd., Alliance for Safe Online Pharmacies, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc., PharmacyChecker.com LLC. (Attachments: #1 Supplement Defendants' Reply to Plaintiff's 56.1 Statement of Material Facts, #2 Affidavit of Melanie Kiser in Support of Defendants' Joint Motion for Summary Judgment, #3 Exhibit 105, #4 Exhibit 106, #5 Exhibit 107, #6 Exhibit 108, #7 Exhibit 109, #8 Exhibit 110, #9 Exhibit 111, #10 Exhibit 112, #11 Exhibit 113, #12 Exhibit 114, #13 Exhibit 115, #14 Exhibit 116, #15 Exhibit 117, #16 Exhibit 118, #17 Exhibit 119, #18 Exhibit 120, #19 Exhibit 121, #20 Exhibit 122)Motion or Order to File Under Seal: #277 .(Koons, Erik)
August 5, 2022 Opinion or Order Filing 280 LETTER MOTION for Conference for leave to file a motion to strike certain paragraphs of the Declaration of Gabrielle Levitt, dated July 20, 2022 addressed to Judge Kenneth M. Karas. Document filed by Center for Safe Internet Pharmacies Ltd.. (Attachments: #1 Exhibit Levitt Decl (redacted)).(Werbin, Barry)
August 5, 2022 Opinion or Order Filing 279 REPLY MEMORANDUM OF LAW in Support re: #260 MOTION to exclude the testimony of Benjamin England, Esq. . . Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(John, Leslie)
August 5, 2022 Opinion or Order Filing 278 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #260 MOTION to exclude the testimony of Benjamin England, Esq. . . Document filed by Center for Safe Internet Pharmacies Ltd., Alliance for Safe Online Pharmacies, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc., PharmacyChecker.com LLC. Motion or Order to File Under Seal: #277 .(John, Leslie)
August 5, 2022 Opinion or Order Filing 277 LETTER MOTION to Seal Conditionally Defendants Filings Relating to Reply Briefing In Support of Motion for Summary Judgment and Daubert Filings addressed to Judge Kenneth M. Karas from Erik T. Koons dated August 5, 2022. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(Koons, Erik)
August 1, 2022 Opinion or Order Filing 276 ORDER granting #275 Letter Motion for Extension of Time to File Response/Reply re #275 JOINT LETTER MOTION for Extension of Time to File Response/Reply to Motion to Strike addressed to Judge Kenneth M. Karas from Denise Plunkett dated July 29, 2022., #273 MOTION to Strike Document No. #264 Portions of Defendants' Submissions ISO Defendants' MSJ. Defense request is reasonable, especially given the surprise motion from Plaintiff and defense counsel's schedule. Therefore the proposed revision to the briefing schedule is granted. So Ordered. ( Responses due by 8/17/2022 Replies due by 8/24/2022.) (Signed by Judge Kenneth M. Karas on 8/1/22) (yv)
July 29, 2022 Opinion or Order Filing 275 JOINT LETTER MOTION for Extension of Time to File Response/Reply to Motion to Strike addressed to Judge Kenneth M. Karas from Denise Plunkett dated July 29, 2022. Document filed by Alliance for Safe Online Pharmacies..(Plunkett, Denise)
July 22, 2022 Opinion or Order Filing 274 ORDER granting #267 Letter Motion to Seal. Plaintiff's motion to conditionally seal the referenced materials is granted. As the Court has previously ordered, (see Dkt. No. 266), Plaintiff's motion to permanently seal these materials and any other materials filed in conjunction with the parties' summary judgment briefing will be due once Defendants' summary judgment motion is fully briefed. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/22/22) (yv)
July 20, 2022 Opinion or Order Filing 273 MOTION to Strike Document No. #264 Portions of Defendants' Submissions ISO Defendants' MSJ. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
July 20, 2022 Opinion or Order Filing 272 DECLARATION of Gabriel Levitt in Opposition re: #263 MOTION for Summary Judgment on Sherman Act 1 Claim.. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
July 20, 2022 Opinion or Order Filing 271 ***SELECTED PARTIES***DECLARATION of Gabriel Levitt in Opposition re: #263 MOTION for Summary Judgment on Sherman Act 1 Claim.. Document filed by PharmacyChecker.com LLC, Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. Motion or Order to File Under Seal: #267 .(Gott, Aaron)
July 20, 2022 Opinion or Order Filing 270 MEMORANDUM OF LAW in Opposition re: #263 MOTION for Summary Judgment on Sherman Act 1 Claim. . Document filed by PharmacyChecker.com LLC. (Attachments: #1 Supplement Statement of Material Facts, #2 Exhibit PX1, #3 Exhibit PX2, #4 Exhibit PX3, #5 Exhibit PX4, #6 Exhibit PX5, #7 Exhibit PX6, #8 Exhibit PX7, #9 Exhibit PX8, #10 Exhibit PX9, #11 Exhibit PX10, #12 Exhibit PX11, #13 Exhibit PX12, #14 Exhibit PX13, #15 Exhibit PX14, #16 Exhibit PX15, #17 Exhibit PX16, #18 Exhibit PX17, #19 Exhibit PX18, #20 Exhibit PX19, #21 Exhibit PX20, #22 Exhibit PX21, #23 Exhibit PX22, #24 Exhibit PX23, #25 Exhibit PX24, #26 Exhibit PX25, #27 Exhibit PX26, #28 Exhibit PX27, #29 Exhibit PX28, #30 Exhibit PX29, #31 Exhibit PX30, #32 Exhibit PX31, #33 Exhibit PX32, #34 Exhibit PX33, #35 Exhibit PX34, #36 Exhibit PX35, #37 Exhibit PX36, #38 Exhibit PX37, #39 Exhibit PX38, #40 Exhibit PX39, #41 Exhibit PX40, #42 Exhibit PX41, #43 Exhibit PX42, #44 Exhibit PX43).(Gott, Aaron)
July 20, 2022 Opinion or Order Filing 269 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #263 MOTION for Summary Judgment on Sherman Act 1 Claim. . Document filed by PharmacyChecker.com LLC, Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Supplement Statement of Material Facts, #2 Exhibit PX1, #3 Exhibit PX2, #4 Exhibit PX6, #5 Exhibit PX7, #6 Exhibit PX9, #7 Exhibit PX10, #8 Exhibit PX11, #9 Exhibit PX14, #10 Exhibit PX17, #11 Exhibit PX18, #12 Exhibit PX20, #13 Exhibit PX21, #14 Exhibit PX22, #15 Exhibit PX23, #16 Exhibit PX26, #17 Exhibit PX28, #18 Exhibit PX29, #19 Exhibit PX30, #20 Exhibit PX33, #21 Exhibit PX34, #22 Exhibit PX41, #23 Exhibit PX43)Motion or Order to File Under Seal: #267 .(Gott, Aaron)
July 20, 2022 Opinion or Order Filing 268 RESPONSE in Opposition to Motion re: #260 MOTION to exclude the testimony of Benjamin England, Esq. . . Document filed by PharmacyChecker.com LLC. (Attachments: #1 Affidavit Declaration of James Lerner, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3).(Gott, Aaron)
July 20, 2022 Opinion or Order Filing 267 LETTER MOTION to Seal Conditionally Plaintiff's Opposition to Motion for Summary Judgment and Daubert filings addressed to Judge Kenneth M. Karas from Aaron Gott dated July 20, 2022. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
June 23, 2022 Opinion or Order Filing 266 ORDER granting #259 Letter Motion to Seal. NABP's motion to conditionally seal the referenced materials is granted. Plaintiff's motion to permanently seal these materials and any other materials filed in conjunction with the parties' summary judgment briefing will be due once Defendants' summary judgment motion is fully briefed. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/23/2022) (tg)
June 22, 2022 Opinion or Order Filing 265 MEMORANDUM OF LAW in Support re: #263 MOTION for Summary Judgment on Sherman Act 1 Claim. . Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Supplement Statement of Material Facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Exhibit 73, #75 Exhibit 74, #76 Exhibit 75, #77 Exhibit 76, #78 Exhibit 77, #79 Exhibit 78, #80 Exhibit 79, #81 Exhibit 80, #82 Exhibit 81, #83 Exhibit 82, #84 Exhibit 83, #85 Exhibit 84, #86 Exhibit 85, #87 Exhibit 86, #88 Exhibit 87, #89 Exhibit 88, #90 Exhibit 89, #91 Exhibit 90, #92 Exhibit 91, #93 Exhibit 92, #94 Exhibit 93, #95 Exhibit 94, #96 Exhibit 95, #97 Exhibit 96, #98 Exhibit 97, #99 Exhibit 98, #100 Exhibit 99, #101 Exhibit 100, #102 Exhibit 101, #103 Exhibit 102, #104 Exhibit 103, #105 Exhibit 104).(Koons, Erik)
June 22, 2022 Opinion or Order Filing 264 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #263 MOTION for Summary Judgment on Sherman Act 1 Claim. . Document filed by Center for Safe Internet Pharmacies Ltd., Alliance for Safe Online Pharmacies, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc., PharmacyChecker.com LLC. (Attachments: #1 Supplement Statement of Material Facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Exhibit 73, #75 Exhibit 74, #76 Exhibit 75, #77 Exhibit 76, #78 Exhibit 77, #79 Exhibit 78, #80 Exhibit 79, #81 Exhibit 80, #82 Exhibit 81, #83 Exhibit 82, #84 Exhibit 83, #85 Exhibit 84, #86 Exhibit 85, #87 Exhibit 86, #88 Exhibit 87, #89 Exhibit 88, #90 Exhibit 89, #91 Exhibit 90, #92 Exhibit 91, #93 Exhibit 92, #94 Exhibit 93, #95 Exhibit 94, #96 Exhibit 95, #97 Exhibit 96, #98 Exhibit 97, #99 Exhibit 98, #100 Exhibit 99, #101 Exhibit 100, #102 Exhibit 101, #103 Exhibit 102, #104 Exhibit 103, #105 Exhibit 104)Motion or Order to File Under Seal: #259 .(Koons, Erik)
June 22, 2022 Opinion or Order Filing 263 MOTION for Summary Judgment on Sherman Act 1 Claim. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order).(Koons, Erik)
June 22, 2022 Opinion or Order Filing 262 MEMORANDUM OF LAW in Support re: #260 MOTION to exclude the testimony of Benjamin England, Esq. . . Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, 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).(John, Leslie)
June 22, 2022 Opinion or Order Filing 261 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #260 MOTION to exclude the testimony of Benjamin England, Esq. . . Document filed by Center for Safe Internet Pharmacies Ltd., Alliance for Safe Online Pharmacies, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc., PharmacyChecker.com LLC. (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)Motion or Order to File Under Seal: #259 .(John, Leslie)
June 22, 2022 Opinion or Order Filing 260 MOTION to exclude the testimony of Benjamin England, Esq. . Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order).(John, Leslie)
June 22, 2022 Opinion or Order Filing 259 LETTER MOTION to Seal Conditionally Seal Defendants Motion for Summary Judgment and Daubert Filings addressed to Judge Kenneth M. Karas from Erik T. Koons dated June 22, 2022. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(Koons, Erik)
June 1, 2022 Opinion or Order Filing 258 TRANSCRIPT of Proceedings re: Oral Argument held on 1/26/2022 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Pamela Grimaldi, (914) 390-4053. 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 6/22/2022. Redacted Transcript Deadline set for 7/5/2022. Release of Transcript Restriction set for 8/30/2022..(Grimaldi, Pamela)
June 1, 2022 Opinion or Order Filing 257 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral Argument proceeding held on 01/26/2022 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....(Grimaldi, Pamela)
May 16, 2022 Opinion or Order Filing 256 NOTICE of Plaintiff's Filing of Redactions to Defendants' Motion for Summary Judgment Letter re: #234 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022.. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Exhibit A-M).(Riley, Matthew)
May 16, 2022 Opinion or Order Filing 255 NOTICE of Plaintiff's Filing of Redactions to Defendants' pre-motion Daubert letter re: #231 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022.. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Exhibit 5).(Riley, Matthew)
May 16, 2022 Opinion or Order Filing 254 NOTICE of Plaintiff's Filing of Redactions to the Plaintiff's Opposition to Defendants' Pre-Motion Summary Judgment Letter re: #240 Response in Opposition to Motion,. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Exhibit A-B and D-E).(Riley, Matthew)
May 16, 2022 Opinion or Order Filing 253 MEMO ENDORSEMENT on re: #252 Notice (Other) filed by PharmacyChecker.com LLC. ENDORSEMENT : The proposed redactions are approved without modification. The Parties are directed to file the redacted versions as soon as practicable. So Ordered. (Signed by Judge Kenneth M. Karas on 5/16/22) (yv)
May 13, 2022 Opinion or Order Filing 252 NOTICE of Plaintiff's Submission of Proposed Redactions to the Parties' Pre-Motion Daubert and Summary Judgment Letters. Document filed by PharmacyChecker.com LLC..(Riley, Matthew)
May 10, 2022 Opinion or Order Filing 251 MOTION SCHEDULING ORDER: The Court adopts the following briefing schedule: Defendants shall file their Motion for Summary Judgment and Daubert Motion by no later than June 22, 2022. Plaintiff shall file its responses by no later than July 20, 2022. Defendants shall file their Replies by no later than August 5, 2022. Defendants' opening brief in support of their Motion for Summary Judgment and Plaintiff's brief in opposition to Defendants' Motion for Summary Judgment are limited to 30 pages each. Defendants' reply brief in further support of their Motion for Summary Judgment is limited to 15 pages. Defendants' opening brief in support of their Daubert Motion and Plaintiff's brief in opposition to Defendants' Daubert Motion are limited to 25 pages each. Defendants' reply brief in further support of their Daubert Motion is limited to 10 pages. If oral argument is requested, it may be scheduled by the Court. Please wait to hear from the Court to schedule argument. SO ORDERED. Motions due by 6/22/2022. Responses due by 7/20/2022 Replies due by 8/5/2022. (Signed by Judge Kenneth M. Karas on 5/10/2022) (tg)
May 9, 2022 Opinion or Order Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 5/9/2022. Aaron Gott and James Lerner appeared on behalf of PharmacyChecker.com LLC. Erik Koons, Jana Seidl, and Sarah Zhang appeared on behalf of National Association of Boards of Pharmacy. Denise Plunkett appeared on behalf of Alliance for Safe Online Pharmacies. Barry Werbin appeared on behalf of Center for Safe Internet Pharmacies Ltd. Leslie John and Elizabeth Weissert appeared on behalf of Partnership for Safe Medicines, Inc. Christina Ariends-Dieck served as court reporter. The Court adopted a briefing schedule. See Order. Defendants shall file their Motion for Summary Judgment and Daubert Motion by no later than June 22, 2022. Plaintiff shall file its responses by no later than July 20, 2022. Defendants shall file their Replies by no later than August 5, 2022. (SB)
May 6, 2022 Opinion or Order Filing 250 NOTICE OF TELECONFERENCE INFORMATION: For the week of May 9, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/6/2022) (tg)
May 6, 2022 Opinion or Order Filing 249 MEMO ENDORSED ORDER denying #246 Motion to Seal. ENDORSEMENT: Plaintiff's request to permanently seal the conditionally sealed materials is overbroad. Plaintiff seeks to seal the entirety of over 20 exhibits (and quotations thereto) on the basis that the exhibits contain confidential, competitively-sensitive information. However, the Court finds that any such concerns can be handled via the redaction of any such information within the exhibits, rather than fully sealing the entire exhibits. Plaintiff is to propose redactions by no later than May 13, 2022. So Ordered. (Signed by Judge Kenneth M. Karas on 5/6/22) (yv)
May 3, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #248 Proposed Order was reviewed and approved as to form. (km)
May 2, 2022 Opinion or Order Filing 248 PROPOSED ORDER. Document filed by PharmacyChecker.com LLC. Related Document Number: #246 ..(Gott, Aaron) Proposed Order to be reviewed by Clerk's Office staff.
May 2, 2022 Opinion or Order Filing 247 MEMORANDUM OF LAW in Support re: #246 MOTION to Seal (Permanently) Documents in Dkts. 233, 235, 238, 239. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
May 2, 2022 Opinion or Order Filing 246 MOTION to Seal (Permanently) Documents in Dkts. 233, 235, 238, 239. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
April 27, 2022 Opinion or Order Filing 245 MEMO ENDORSEMENT on re: #244 Letter filed by PharmacyChecker.com LLC. ENDORSEMENT: Granted. The Court will hold a teleconference on May 9, 2022 at 11:30am. SO ORDERED. ( Telephone Conference set for 5/9/2022 at 11:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 4/27/2022) (kv)
April 26, 2022 Opinion or Order Filing 244 LETTER addressed to Judge Kenneth M. Karas from Aaron Gott dated April 26, 2022 re: Request for Adjournment of Pre-Motion Conference. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
April 25, 2022 Opinion or Order Filing 243 ORDER granting #231 Letter Motion for Conference re: #231 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022., #233 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022., #234 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022., 235 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022. ; granting #233 Letter Motion for Conference re: #231 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022., #233 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022., #234 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022., 235 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022. ; granting #234 Letter Motion for Conference re: #231 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022., #233 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022., #234 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022., 235 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022. ; granting 235 Letter Motion for Conference re: #231 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022., #233 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022., #234 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022., 235 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022. The Court will hold a pre-motion conference on both the proposed motion for summary judgment and the proposed Daubert motion on May 3, 2022 at 12PM, via teleconference. The Clerk of Court is directed to terminate the pending motions at Dkt. Nos. 231, 233, 234, and 235. So Ordered. ( Telephone Conference set for 5/3/2022 at 12:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 4/25/22) (yv)
April 25, 2022 Opinion or Order Filing 242 ORDER granting #232 Letter Motion to Seal; granting #237 Letter Motion to Seal. Both NABP and Plaintiff's requests to conditionally seal the materials filed in connection with the pre-motion letters are granted. Plaintiff shall file a motion to permanently seal the appropriate materials by no later than May 2, 2022. The Clerk of Court is directed to terminate the pending motions at Dkt. Nos. 232 and 237. So Ordered. (Signed by Judge Kenneth M. Karas on 4/25/22) (yv)
April 25, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 5/2/2022. (yv)
April 21, 2022 Opinion or Order Filing 241 LETTER RESPONSE in Opposition to Motion addressed to Judge Kenneth M. Karas from Aaron Gott dated April 21, 2022 re: #231 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022. . Document filed by PharmacyChecker.com LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Gott, Aaron)
April 21, 2022 Opinion or Order Filing 240 LETTER RESPONSE in Opposition to Motion addressed to Judge Kenneth M. Karas from Aaron Gott dated April 21, 2022 re: #234 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022. . Document filed by PharmacyChecker.com LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Gott, Aaron)
April 21, 2022 Opinion or Order Filing 239 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Kenneth M. Karas from Aaron Gott dated April 21, 2022 re: #231 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022. . Document filed by PharmacyChecker.com LLC, Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Motion or Order to File Under Seal: #237 .(Gott, Aaron)
April 21, 2022 Opinion or Order Filing 238 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Judge Kenneth M. Karas from Aaron Gott dated April 21, 2022 re: #233 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022. . Document filed by PharmacyChecker.com LLC, Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Motion or Order to File Under Seal: #237 .(Gott, Aaron)
April 21, 2022 Opinion or Order Filing 237 LETTER MOTION to Seal addressed to Judge Kenneth M. Karas from Aaron Gott dated April 21, 2022. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
April 15, 2022 Opinion or Order Filing 236 ORDER: Accordingly, plaintiff's objection to disclosure of the expert's 2015 "writing" is OVERRULED. Plaintiff's shall provide the document for inspection by defense counsel within 5 business days of this Order. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/15/2022) (jca)
April 14, 2022 Opinion or Order Filing 234 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O).(Koons, Erik)
April 14, 2022 Opinion or Order Filing 233 ***SELECTED PARTIES*** LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 14, 2022. Document filed by Center for Safe Internet Pharmacies Ltd., Alliance for Safe Online Pharmacies, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)Motion or Order to File Under Seal: #232 .(Koons, Erik)
April 14, 2022 Opinion or Order Filing 232 LETTER MOTION to Seal Conditionally Defendants Pre-Motion Letters addressed to Judge Kenneth M. Karas from Erik T. Koons dated 4/14/2022. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(Koons, Erik)
April 14, 2022 Opinion or Order Filing 231 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Leslie E. John dated April 14, 2022. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(John, Leslie)
April 14, 2022 Opinion or Order Filing 230 LETTER addressed to Magistrate Judge Paul E. Davison from Aaron Gott dated April 14, 2022 re: England materials. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
April 13, 2022 Opinion or Order Filing 229 SUPPLEMENTAL LETTER addressed to Magistrate Judge Paul E. Davison from Erik T. Koons dated 4/13/2022 re: England Materials. Document filed by National Association of Boards of Pharmacy..(Koons, Erik)
April 12, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Video/telephone Conference held on 4/12/2022 on the record via AT&T Teleconferencing. Defendant National Association of Boards of Pharmacy will submit a supplement to its letter re: Production of Expert Materials by April 13, 2022. Plaintiff will submit a response by April 14, 2022. (la)
April 8, 2022 Opinion or Order Filing 228 LETTER addressed to Magistrate Judge Paul E. Davison from Erik T. Koons dated 4/8/2022 re: Production of Expert Materials. Document filed by National Association of Boards of Pharmacy. (Attachments: #1 Exhibit A, #2 Exhibit B).(Koons, Erik)
March 10, 2022 Opinion or Order Filing 227 RESCHEDULING ORDER: The telephone conference scheduled for April 11, 2022 at 2:30 pm before theHon. Paul E. Davison, U.S.M.J., is rescheduled to April 12, 2022 at 2:30 pm.NOTIFY ALL OTHER PARTIES OF THIS SCHEDULE IMMEDIATELY! SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 3/10/2022) Telephone Conference set for 4/12/2022 at 02:30 PM before Magistrate Judge Paul E. Davison. (ks)
March 9, 2022 Opinion or Order Filing 226 ORDER. 3/10 conference adjourned to 4/11/22 @ 2:30 pm. (HEREBY ORDERED by Magistrate Judge Paul E. Davison) (Text Only Order) (Davison, Paul)
March 9, 2022 Opinion or Order Filing 225 LETTER addressed to Magistrate Judge Paul E. Davison from James Lerner dated March 9, 2022 re: March 10, 2022 Status Conference. Document filed by PharmacyChecker.com LLC..(Lerner, James)
February 16, 2022 Opinion or Order Received e-mail from the United States District Court - District of Oregon acknowledging receipt of transferred case. Assigned Case Number: 3:22-cv-00252, filed on 02/16/2022. (sjo)
February 16, 2022 Opinion or Order Filing 224 AMENDED PHASE 1 DISCOVERY SCHEDULING ORDER: In its February 4, 2022 Order (Dkt. 220), the Court instructed the parties to submit a revised proposed case management schedule. The parties were unable to agree on a joint proposed case management schedule and thus submit the competing schedules as set forth below. The Court adopts Plaintiff's proposal. (And as further set forth herein.) SO ORDERED. Motions due by 4/14/2022. Responses due by 4/21/2022 Deposition due by 4/7/2022. Discovery due by 4/7/2022. (Signed by Judge Kenneth M. Karas on 2/16/2022) (jca)
February 11, 2022 Opinion or Order Filing 223 PROPOSED SCHEDULING ORDER. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
February 5, 2022 Opinion or Order Filing 222 TRANSCRIPT of Proceedings re: Bench Ruling held on 1/26/2022 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Pamela Grimaldi, (914) 390-4053. 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 2/28/2022. Redacted Transcript Deadline set for 3/8/2022. Release of Transcript Restriction set for 5/6/2022..(Grimaldi, Pamela)
February 5, 2022 Opinion or Order Filing 221 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Bench Ruling proceeding held on 01/26/2022 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....(Grimaldi, Pamela)
February 4, 2022 Opinion or Order Filing 220 ORDER: For the reasons stated above, Defendants' Objection is sustained and Judge Davison's Order amending the governing Case Management Order is reversed to the extent it required Defendants to make their expert disclosures first. All deadlines remain unchanged. The Parties shall submit a revised proposed case management order consistent with this Order to this Court by February 11, 2022. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/4/2022) (ks)
January 26, 2022 Opinion or Order PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to LegitScript only, from the U.S.D.C. Southern District of New York to the United States District Court - District of Oregon.(ama)
January 26, 2022 Opinion or Order Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 1/26/2022. Aaron Gott appeared on behalf of Plaintiff. Erik Koons and Jana Seidl appeared on behalf of Defendant National Association of Boards of Pharmacy. Denise Plunkett and Melanie Kiser appeared on behalf of Defendant Alliance for Safe Online Pharmacies. Nicholas Veliky appeared on behalf of Defendant Center for Safe Internet Pharmacies Ltd. John Mills appeared on behalf of Defendant LegitScript LLC. Leslie John and Elizabeth Weissert appeared on behalf of Defendant Partnership for Safe Medicines, Inc. Pamela Grimaldi served as court report. Oral arguments were made on Plaintiff's Motion to Sever and Transfer Its Claims Against LegitScript to the U.S. District Court for the District of Oregon (Dkt. No. 154). The Court granted Plaintiffs motion for the reasons stated on the record. See Order. The Parties may request a transcript of the record. (SB)
January 26, 2022 Opinion or Order ***DELETED DOCUMENT. Deleted document number Staff Notes. The document was incorrectly filed in this case. (ama)
January 26, 2022 Opinion or Order Filing 219 ORDER: granting #154 Motion to Sever. For the reasons stated on the record, Plaintiff's Motion to Sever and Transfer Its Claim against Defendant LegitScript LLC to the U.S. District Court for the District of Oregon is Granted. The Clerk of Court is respectfully directed to terminate the pending motion, (DKT. No. 154), and transfer Plaintiff's claims against LegitScript LLC to the District of Oregon forthwith. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/26/2022) (ama) Modified on 1/27/2022 (ama).
January 21, 2022 Opinion or Order Filing 218 NOTICE OF TELECONFERENCE INFORMATION: For the week of January 24, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/21/2022) (ks)
January 21, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Video/telephone Conference held on 1/21/2022 on the record via AT&T Teleconferencing. Video/telephone conference scheduled for March 10, 2022 at 2:30 pm. (la)
January 13, 2022 Opinion or Order Filing 217 MEMO ENDORSEMENT on MOTION TO WITHDRAW AS COUNSEL: granting #204 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. SO ORDERED. Attorney Timothy Patrick Singer terminated. (Signed by Judge Kenneth M. Karas on 1/13/2022) (ama)
January 13, 2022 Opinion or Order Filing 216 MEMO ENDORSEMENT on MOTION TO WITHDRAW JAY N. FASTOW AS COUNSEL OF RECORD: granting #203 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. SO ORDERED. Attorney Jay N. Fastow terminated. (Signed by Judge Kenneth M. Karas on 1/13/2022) (ama)
January 10, 2022 Opinion or Order Filing 215 REPLY MEMORANDUM OF LAW in Support re: #190 MOTION to Dismiss NABP's Counterclaims. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
January 10, 2022 Opinion or Order LETTERS ROGATORY ISSUED as to Solaris Pharmaceuticals Inc. in Canada. (fk)
January 10, 2022 Opinion or Order LETTERS ROGATORY ISSUED as to Canada Drug Stop in Canada. (fk)
January 10, 2022 Opinion or Order LETTERS ROGATORY ISSUED as to TNMI True North Management Inc. in Canada. (fk)
December 30, 2021 Opinion or Order Filing 214 MEMO ENDORSEMENT on LETTERS ROGATORY REQUESTING JUDICIAL ASSISTANCE granting #206 Motion for Issuance of Letters Rogatory; granting #209 Motion for Issuance of Letters Rogatory. ENDORSEMENT: Accordingly, the Court has determined that justice cannot be completely done between the parties without the production of certain documents and testimony of the following entity located in Surrey, British Columbia, Canada, within your jurisdiction: TNMI True North Management Inc. 7938 128th Street, Unit 109 Surrey, BC V3W 4E8, Canada (604) 598-4690 As further set forth in this Order.. (Signed by Magistrate Judge Paul E. Davison on 12/30/2021) (ks)
December 30, 2021 Opinion or Order Filing 213 MEMO ENDORSEMENT on LETTERS ROGATORY REQUESTING JUDICIAL ASSISTANCE granting #207 Motion for Issuance of Letters Rogatory; granting #210 Motion for Issuance of Letters Rogatory. ENDORSEMENT: Accordingly, the Court has determined that justice cannot be completely done between theparties without the production of certain documents and testimony of the following entity locatedin Surrey, British Columbia, Canada, within your jurisdiction:Solaris Pharmaceuticals Inc.15127 100th Ave., Unit 300Surrey, BC V35 0N9, Canada. As further set forth in this order.. (Signed by Magistrate Judge Paul E. Davison on 12/30/2021) (ks)
December 30, 2021 Opinion or Order Filing 212 MEMO ENDORSEMENT on LETTERS ROGATORY REQUESTING JUDICIAL ASSISTANCE granting #208 Motion for Issuance of Letters Rogatory; granting #211 Motion for Issuance of Letters Rogatory. ENDORSEMENT: Accordingly, the Court has determined that justice cannot be completely done between the parties without the production of certain documents and testimony of the following entity located in Vancouver, British Columbia, Canada, within your jurisdiction: Canada Drug Stop 11871 Horseshoe Way Richmond, BC V7A 5H5, Canada. As further set forth in this Order.. (Signed by Magistrate Judge Paul E. Davison on 12/30/2021) (ks)
December 30, 2021 Opinion or Order ***DELETED DOCUMENT. Deleted document number #212 Memo Endorsement. The document was incorrectly filed in this case. (ks)
December 29, 2021 Opinion or Order Filing 211 AMENDED MOTION for Issuance of Letters Rogatory as to Canada Drug Stop in Canada . Document filed by Alliance for Safe Online Pharmacies. (Attachments: #1 Exhibit A - Canada Drug Stop Subpoena and Subpoena Schedule).(Plunkett, Denise)
December 29, 2021 Opinion or Order Filing 210 AMENDED MOTION for Issuance of Letters Rogatory as to Solaris Pharmaceuticals Inc. in Canada . Document filed by Alliance for Safe Online Pharmacies. (Attachments: #1 Exhibit A - Solaris Pharmaceuticals Inc. Subpoena and Subpoena Schedule).(Plunkett, Denise)
December 29, 2021 Opinion or Order Filing 209 AMENDED MOTION for Issuance of Letters Rogatory as to TNMI True North Management Inc. in Canada . Document filed by Alliance for Safe Online Pharmacies. (Attachments: #1 Exhibit A - TNMI True North Management Inc. Subpoena and Subpoena Schedule).(Plunkett, Denise)
December 28, 2021 Opinion or Order Filing 208 MOTION for Issuance of Letters Rogatory as to Canada Drug Stop in Canada . Document filed by Alliance for Safe Online Pharmacies..(Plunkett, Denise)
December 28, 2021 Opinion or Order Filing 207 MOTION for Issuance of Letters Rogatory as to Solaris Pharmaceuticals Inc. in Canada . Document filed by Alliance for Safe Online Pharmacies..(Plunkett, Denise)
December 28, 2021 Opinion or Order Filing 206 MOTION for Issuance of Letters Rogatory as to TNMI True North Management Inc. in Canada . Document filed by Alliance for Safe Online Pharmacies..(Plunkett, Denise)
December 28, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Video/telephone conference held on 12/28/2021 on the record via AT&T Teleconferencing. Video/telephone conference scheduled for 01/21/2022 at 2:30pm. (HSF) (Fatmi, Haseeb)
December 27, 2021 Opinion or Order Filing 205 Objection re: #197 Scheduling Order, . Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(Lamson, Justin)
December 27, 2021 Opinion or Order Filing 204 MOTION for Timothy Singer to Withdraw as Attorney . Document filed by National Association of Boards of Pharmacy. (Attachments: #1 Affidavit / Declaration of Timothy Singer, #2 Text of Proposed Order).(Koons, Erik)
December 23, 2021 Opinion or Order Filing 203 MOTION for Jay N. Fastow to Withdraw as Attorney . Document filed by Partnership for Safe Medicines, Inc.. (Attachments: #1 Affidavit / Declaration of Jay N. Fastow, #2 Text of Proposed Order).(Lamson, Justin)
December 21, 2021 Opinion or Order Filing 202 DECLARATION of Erik Koons in Opposition re: #190 MOTION to Dismiss NABP's Counterclaims.. Document filed by National Association of Boards of Pharmacy..(Koons, Erik)
December 21, 2021 Opinion or Order Filing 201 RESPONSE in Opposition to Motion re: #190 MOTION to Dismiss NABP's Counterclaims. . Document filed by National Association of Boards of Pharmacy..(Koons, Erik)
December 21, 2021 Opinion or Order Filing 200 LETTER MOTION for Conference re: Motion for Issuance of Letters Rogatory addressed to Magistrate Judge Paul E. Davison from Alliance for Safe Online Pharmacies dated 12/21/2021. Document filed by Alliance for Safe Online Pharmacies. (Attachments: #1 Motion for Issuance of Letters Rogatory, #2 Memorandum of Law in Support of Motion for Letters Rogatory, #3 Exhibit A, #4 Exhibit B).(Plunkett, Denise)
December 17, 2021 Opinion or Order Filing 199 MEMO ENDORSED ORDER granting #198 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. So Ordered. ( Attorney Paul T. Olszowka terminated.) (Signed by Judge Kenneth M. Karas on 12/17/21) (yv)
December 14, 2021 Opinion or Order Filing 198 MOTION for Paul Olszowka to Withdraw as Attorney . Document filed by National Association of Boards of Pharmacy. (Attachments: #1 Exhibit Declaration in Support of Motion to Withdraw as Counsel, #2 Exhibit [Proposed] Order).(Olszowka, Paul)
December 14, 2021 Opinion or Order Filing 197 AMENDED PHASE 1 DISCOVERY SCHEDULING ORDER: The following deadlines from the case management and discovery plan are amended as follows: Motions due by 4/14/2022. Responses due by 4/21/2022 Deposition due by 4/7/2022. Discovery due by 4/7/2022. Case management conference: TBD by Judge Karas. All prior consistent orders remain in effect. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 12/14/2021) (ks)
December 10, 2021 Opinion or Order Filing 196 PROPOSED SCHEDULING ORDER. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
December 10, 2021 Opinion or Order Filing 195 LETTER addressed to Magistrate Judge Paul E. Davison from Aaron Gott dated December 10, 2021 re: Sequencing of Expert Disclosures. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
December 10, 2021 Opinion or Order Filing 194 LETTER addressed to Magistrate Judge Paul E. Davison from Erik T. Koons dated 12/10/2021 re: Sequencing of Expert Disclosures. Document filed by National Association of Boards of Pharmacy..(Koons, Erik)
December 6, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Video/telephone conference held on 12/06/2021 on the record via AT&T Teleconferencing. Parties are directed to file a proposed joint amended discovery schedule and brief letters pertaining to the sequence of expert disclosure deadlines by 12/10/2021. Video/telephone conference scheduled for 12/28/2021 at 2:30pm. (HSF)
November 23, 2021 Opinion or Order Filing 193 CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for oral argument on Plaintiffs Notice of Motion to Sever and Transfer Its Claim against LegitScript LLC, (Docket No. 154) before the Honorable Kenneth M. Karas, United States District Judge, on Wednesday, January 26, 2022 at 11:30 a.m. NOTICE OF TELECONFERENCE INFORMATION: The Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign(#). ( Telephone Conference set for 1/26/2022 at 11:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 11/23/2021) (ate)
November 19, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Video/telephone conference held on 11/19/2021 on the record via AT&T Teleconferencing. Parties are directed to meet and confer re amended proposed discovery schedule. Video/telephone conference scheduled for 12/06/2021 at 2:30pm. (HSF)
November 17, 2021 Opinion or Order Filing 192 DECLARATION of Aaron Gott in Support re: #190 MOTION to Dismiss NABP's Counterclaims.. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Gott, Aaron)
November 17, 2021 Opinion or Order Filing 191 MEMORANDUM OF LAW in Support re: #190 MOTION to Dismiss NABP's Counterclaims. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
November 17, 2021 Opinion or Order Filing 190 MOTION to Dismiss NABP's Counterclaims. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
October 28, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Video case management conference held on 10/28/2021 on the record via AT&T Teleconferencing. Deadline for substantial completion of Plaintiff's documentary production set for 11/29/2021. Video case management conference scheduled for 11/19/2021 at 3:00pm. (HSF)
October 13, 2021 Opinion or Order Filing 189 MOTION SCHEDULING ORDER: The Court adopts the following briefing schedule: Plaintiff-Counterdefendant PharmacyChecker.com LLC shall file its motion to dismiss Defendant-Counterplaintiff National Association of Boards of Pharmacy's counterclaims by no later than November 17, 2021. Defendant-Counterplaintiff shall file its response by no later than December 21, 2021. Plaintiff-Counterdefendant shall file its reply by no later than January 10, 2022. The Parties are also reminded that there is a strict page limit of 25 pages for opening briefs and 10 pages for replies, which will be extended only in extreme circumstances. If oral argument is requested, it may be scheduled by the Court. Please wait to hear from the Court to schedule argument. SO ORDERED. ( Motions due by 11/17/2021. Responses due by 12/21/2021. Replies due by 1/10/2022.) (Signed by Judge Kenneth M. Karas on 10/13/21) (yv)
October 13, 2021 Opinion or Order Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 10/13/2021. Aaron Gott appeared on behalf of Plaintiff-Counterdefendant PharmacyChecker.com LLC. Erik Koons, Jana Seidl, and Timothy Singer appeared on behalf of Defendant-Counterplaintiff National Association of Boards of Pharmacy. Leslie John appeared on behalf of Defendant Partnership for Safe Medicines, Inc. No court reporter served. The Court adopted a briefing schedule. See Order. Plaintiff-Counterdefendant PharmacyChecker.com LLC shall file its motion to dismiss Defendant-Counterplaintiff National Association of Boards of Pharmacy's counterclaims by no later than November 17, 2021. Defendant-Counterplaintiff shall file its response by no later than December 21, 2021. Plaintiff-Counterdefendant shall file its reply by no later than January 10, 2022.(SB)
October 13, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Case Management Conference held on 10/13/2021 via Teams and AT&T (on the record via AT&T teleconferencing). Case management conference scheduled for October 28, 2021 at 2:30 p.m. (via Teams and AT&T). (ld)
October 8, 2021 Opinion or Order Filing 188 NOTICE OF APPEARANCE by Joshua Max Herman on behalf of Center for Safe Internet Pharmacies Ltd...(Herman, Joshua)
October 7, 2021 Opinion or Order Filing 187 NOTICE OF TELECONFERENCE INFORMATION: For the week of October 12, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. (Signed by Judge Kenneth M. Karas on 10/7/2021) (rro)
September 28, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Video conference held on 09/28/2021 on the record via AT&T Teleconferencing. Discovery matters resolved on the record. Video conference scheduled for 10/13/2021 at 2:00pm. (HSF)
September 21, 2021 Opinion or Order Filing 186 MEMO ENDORSED ORDER granting #171 Letter Motion for Conference re: #172 Letter PharmacyChecker.com LLC's pre-motion letter on NABP's counterclaims, filed by National Association of Boards of Pharmacy. ENDORSEMENT: The Court will hold a pre-motion conference via telephone on October 13, 2021 at 11:30AM. So Ordered. ( Telephone Conference set for 10/13/2021 at 11:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 9/21/21) (yv)
September 20, 2021 Opinion or Order Filing 185 ORDER for Admission Pro Hac Vice for Matthew Robert Riley granting #184 Motion for Matthew Robert Riley to Appear Pro Hac Vice. The motion of Matthew Robert Riley for admission to practice Pro Hac Vice in the above-captioned actions is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 9/20/21) (yv)
September 20, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #184 MOTION for Matthew Robert Riley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 17, 2021 Opinion or Order Filing 184 MOTION for Matthew Robert Riley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Affidavit Matt Riley for Pro Hac Vice Admission, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Riley, Matthew)
September 17, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Video conference held on 09/17/2021 on the record via AT&T Teleconferencing. Plaintiff directed to produce supplemental discovery by 09/21/2021. Video conference scheduled for 09/28/2021 at 2:30pm EST. (HSF)
September 7, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #183 MOTION for Matthew Robert Riley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25022518. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from ILLINOIS: Clerk of Supreme Court - 217-782-2035. 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. (aea)
September 3, 2021 Opinion or Order Filing 183 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Matthew Robert Riley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25022518. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Affidavit Matt Riley for Pro Hac Vice Admission, #2 Certification of Good Standing, #3 Text of Proposed Order).(Riley, Matthew) Modified on 9/7/2021 (aea).
September 3, 2021 Opinion or Order Filing 182 PROPOSED STIPULATION AND ORDER. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(Adcox, Rachel)
August 31, 2021 Opinion or Order Filing 181 STIPULATED PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/31/21) (yv)
August 31, 2021 Opinion or Order Filing 180 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc..(Adcox, Rachel) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/31/2021 (dt).
August 31, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Adcox, Rachel to RE-FILE Document #180 Proposed Order. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. Have Attorneys sign )ink signatures) before re-filing (dt)
August 30, 2021 Opinion or Order Filing 179 PROPOSED PROTECTIVE ORDER. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(Adcox, Rachel)
August 30, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Video conference held on 08/30/2021 on the record via AT&T Teleconferencing on Discovery Motion [Dkt. 173]. Parties are directed to meet and confer to discuss outstanding analytics data. Video conference scheduled for 09/17/2021 at 2:30pm. (HSF)
August 20, 2021 Opinion or Order Filing 178 SCHEDULING ORDER granting #173 Letter Motion for Conference re: #173 JOINT LETTER MOTION for Conference re: #166 Case Management Plan,,,, addressed to Judge Kenneth M. Karas from Rachel J. Adcox dated August 9, 2021. Telephone Conference set for 8/30/2021 at 02:30 PM before Magistrate Judge Paul E. Davison. The Court has scheduled a video conference for 8/30/2021 at 2:30 pm before Magistrate Judge Paul E. Davison to address the Motion filed at document #173. Counsel will be provided with a Teams link for the video portion of the conference Counsel will also call 877-336-1839 and use access code 5999739 for the audio portion of the conference. Members of the press and public may call the same number, but will not be permitted to speak during the conference. SO ORDERED.. (Signed by Magistrate Judge Paul E. Davison on 8/20/2021) (kv)
August 20, 2021 Opinion or Order Filing 177 ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in from a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 8/20/2021) (kv)
August 20, 2021 Opinion or Order Filing 176 DISCOVERY ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the court as hereinafter set forth. (as further set forth herein). SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 8/20/2021) (kv)
August 14, 2021 Opinion or Order Filing 175 ORDER REFERRING CASE TO 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 Paul E. Davison. So Ordered. (Signed by Judge Kenneth M. Karas on 8/14/21) (yv)
August 12, 2021 Opinion or Order Filing 174 LETTER RESPONSE to Motion addressed to Judge Kenneth M. Karas from James Lerner dated August 12, 2021 re: #173 JOINT LETTER MOTION for Conference re: #166 Case Management Plan,,,, addressed to Judge Kenneth M. Karas from Rachel J. Adcox dated August 9, 2021. . Document filed by PharmacyChecker.com LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Lerner, James)
August 9, 2021 Opinion or Order Filing 173 JOINT LETTER MOTION for Conference re: #166 Case Management Plan,,,, addressed to Judge Kenneth M. Karas from Rachel J. Adcox dated August 9, 2021. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(Adcox, Rachel)
August 9, 2021 Opinion or Order Filing 172 LETTER addressed to Judge Kenneth M. Karas from Erik T. Koons dated August 9, 2021 and addressed to Aaron Gott re: PharmacyChecker.com LLC's pre-motion letter on NABP's counterclaims dated August 2, 2021 (Dkt. No. 171). Document filed by National Association of Boards of Pharmacy..(Koons, Erik)
August 2, 2021 Opinion or Order Filing 171 LETTER MOTION for Conference addressed to Erik T. Koons and addressed to Judge Kenneth M. Karas from Aaron Gott dated 8/2/21. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
July 16, 2021 Opinion or Order Filing 170 ORDER granting #169 Letter Motion for Extension of Time to File Response/Reply re #169 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #148 Answer to Amended Complaint, Counterclaim addressed to Judge Kenneth M. Karas from Aaron Gott dated June 23, 2021. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 7/16/21) (yv)
July 16, 2021 Opinion or Order Set/Reset Deadlines: PharmacyChecker.com LLC answer due 8/2/2021. (yv)
June 23, 2021 Opinion or Order Filing 169 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #148 Answer to Amended Complaint, Counterclaim addressed to Judge Kenneth M. Karas from Aaron Gott dated June 23, 2021. Document filed by PharmacyChecker.com LLC. Return Date set for 8/2/2021 at 05:00 PM..(Gott, Aaron)
June 22, 2021 Opinion or Order Filing 168 REPLY MEMORANDUM OF LAW in Support re: #154 MOTION to Sever and Transfer Plaintiff's Claim Against LegitScript LLC. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
June 17, 2021 Opinion or Order Filing 167 ORDER. The Court adopts portions of Phase 1 of the schedule proposed by Defendants. The Court declines to adopt certain portions of Defendants' proposed order. Most notably, it declines to adopt a Phase 2 discovery schedule. (See Proposed Order 15-17.) Such a schedule is premature at this stage. This issue can be revisited after the conclusion of Phase 1. The Court also declines to order a briefing schedule for Defendants' putative motion for summary judgment and accompanying Daubert motions. (See id. 13.) If Defendants wish to request leave to file such a motion, they may do so by submitting a pre-motion letter consistent with the scheduling order. Finally, while the Parties are welcome to conduct a settlement conference if they wish, the Court declines to order that they do so as proposed by Defendants. (See id. 14.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/17/21) (yv)
June 17, 2021 Opinion or Order Filing 166 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Deposition due by 11/19/2021. Fact Discovery due by 11/18/2021. The parties have conferred and their present best estimate of the length of trial is ten business days. There will be no extensions of the deadline for completion of discovery past the date discovery is scheduled to be completed in this Order without the permission of the Court, nor should counsel assume that any extensions will be granted. Counsel may seek permission for extension of interim discovery deadlines from the magistrate judge to whom the case is referred. Counsel may seek permission for an extension of the deadline for completion of discovery past the date discovery is scheduled to be completed in this Order only after consenting to allowing the magistrate judge to handle the case for all purposes. Case Management Conference set for 12/14/2021 at 02:00 PM before Judge Kenneth M. Karas. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/17/21) (yv)
June 15, 2021 Opinion or Order Filing 165 MEMORANDUM OF LAW in Opposition re: #154 MOTION to Sever and Transfer Plaintiff's Claim Against LegitScript LLC. . Document filed by LegitScript LLC..(Mills, John)
June 15, 2021 Opinion or Order Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 6/15/2021. Aaron Gott and James Lerner appeared on behalf of Plaintiff.Erik Koons appeared on behalf of the National Association of Boards of Pharmacy. Denise Plunkett and Rachel Adcox appeared on behalf of the Alliance for Safe Online Pharmacies. Barry Werbin appeared on behalf of the Center for Safe Internet Pharmacies Ltd. John Mills appeared on behalf of LegitScript LLC. Leslie John and Elizabeth Weissert appeared on behalf of the Partnership for Safe Medicines, Inc. No court reporter served. The Parties discussed their competing case management plan proposals. (See Dkt. No. 163.) (EJJ)
June 12, 2021 Opinion or Order Filing 164 ORDER FOR ADMISSION PRO HAC VICE granting #161 Motion for Melanie M. Kiser to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 6/12/21) (yv)
June 11, 2021 Opinion or Order Filing 163 PROPOSED CASE MANAGEMENT PLAN. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Appendix A, #2 Appendix B).(Gott, Aaron)
June 11, 2021 Opinion or Order Filing 162 NOTICE OF TELECONFERENCE INFORMATION: For the week of June 14, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. (Signed by Judge Kenneth M. Karas on 6/11/2021) (nb)
June 11, 2021 Opinion or Order Filing 161 MOTION for Melanie M. Kiser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24660989. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alliance for Safe Online Pharmacies. (Attachments: #1 Affidavit Affidavit of Melanie Kiser, #2 Exhibit TX Certificate of Good Standing, #3 Exhibit DC Certificate of Good Standing, #4 Text of Proposed Order).(Kiser, Melanie)
June 11, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #161 MOTION for Melanie M. Kiser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24660989. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 3, 2021 Opinion or Order Filing 160 NOTICE OF CHANGE OF ADDRESS by Aaron Robert Gott on behalf of PharmacyChecker.com LLC. New Address: 331 2nd Avenue South, #420, Minneapolis, MN, United States 55401,..(Gott, Aaron)
May 28, 2021 Opinion or Order Filing 159 ORDER granting #158 Letter Motion for Extension of Time to File Response/Reply re #158 LETTER MOTION for Extension of Time to File Response/Reply as to #148 Answer to Amended Complaint, Counterclaim addressed to Judge Kenneth M. Karas from Aaron Gott dated May 27, 2021. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 5/27/21) (yv)
May 28, 2021 Opinion or Order Set/Reset Deadlines: PharmacyChecker.com LLC answer due 7/1/2021. (yv)
May 27, 2021 Opinion or Order Filing 158 LETTER MOTION for Extension of Time to File Response/Reply as to #148 Answer to Amended Complaint, Counterclaim addressed to Judge Kenneth M. Karas from Aaron Gott dated May 27, 2021. Document filed by PharmacyChecker.com LLC. Return Date set for 7/1/2021 at 05:00 PM..(Gott, Aaron)
May 25, 2021 Opinion or Order Filing 157 ANSWER to #82 Amended Complaint, with JURY DEMAND. Document filed by Center for Safe Internet Pharmacies Ltd...(Werbin, Barry)
May 25, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #156 Proposed Order was reviewed and approved as to form. (dt)
May 24, 2021 Opinion or Order Filing 156 PROPOSED ORDER. Document filed by PharmacyChecker.com LLC. Related Document Number: #154 ..(Gott, Aaron) Proposed Order to be reviewed by Clerk's Office staff.
May 24, 2021 Opinion or Order Filing 155 MEMORANDUM OF LAW in Support re: #154 MOTION to Sever and Transfer Plaintiff's Claim Against LegitScript LLC. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
May 24, 2021 Opinion or Order Filing 154 MOTION to Sever and Transfer Plaintiff's Claim Against LegitScript LLC. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
May 20, 2021 Opinion or Order Filing 153 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #131 Motion to Withdraw as Attorney. The Motion to Withdraw as Counsel Cristina M. Fernandez for Defendant Alliance for Safe Online Pharmacies and to remove Cristina M. Fernandez from the CM/ECF service list for this matter is GRANTED. SO ORDERED. (Attorney Cristina Marie Fernandez terminated.) (Signed by Judge Kenneth M. Karas on 5/20/21) (yv)
May 18, 2021 Opinion or Order Filing 152 SCHEDULING ORDER: At the Conference held before the Court on May 18, 2021, the Court adopted the following briefing schedule for Plaintiff's upcoming motion to sever and transfer its claim against LegitScript LLC to the District of Oregon: Plaintiff's motion is due May 24, 2021. LegitScript's response is due June 15, 2021. Plaintiff's reply is due June 22, 2021. The Parties are reminded that there is a strict page limit. If oral argument is requested, it may be scheduled by the Court. Please wait to hear from the Court to schedule argument. SO ORDERED. Motions due by 5/24/2021. Responses due by 6/15/2021 Replies due by 6/22/2021. (Signed by Judge Kenneth M. Karas on 5/18/2021) (vfr)
May 18, 2021 Opinion or Order Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 5/18/2021. Aaron Gott appeared on behalf of Plaintiff. Erik Koons and Timothy Singer appeared on behalf of the National Association of Boards of Pharmacy. Denise Plunkett and Rachel Adcox appeared on behalf of the Alliance for Safe Online Pharmacies. Barry Werbin appeared on behalf of the Center for Safe Internet Pharmacies Ltd. Ryan Sestack appeared on behalf of LegitScript LLC. Leslie John appeared on behalf of the Partnership for Safe Medicines, Inc. No court reporter served. The Court adopted a briefing schedule for Plaintiff's motion to sever and transfer its claims against LegitScript LLC to the District of Oregon. See Order. The Parties will conduct a Rule 26(f) conference by May 26, 2021. The Court will hold a pre-motion conference on June 15, 2021 at 10:30 A.M. The conference previously scheduled for June 7, 2021 is adjourned. (See Dkt. No. 144.) (EJJ)
May 14, 2021 Opinion or Order Filing 151 NOTICE OF TELECONFERENCE INFORMATION: For the week of May 17, 2021, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time:Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195Please enter the conference as a guest by pressing the pound sign (#).Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number.For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5:00 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/14/2021) (rj)
May 11, 2021 Opinion or Order Filing 150 ANSWER to #82 Amended Complaint, with JURY DEMAND. Document filed by Partnership for Safe Medicines, Inc...(John, Leslie)
May 11, 2021 Opinion or Order Filing 149 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Partnership for Safe Medicines, Inc...(John, Leslie)
May 11, 2021 Opinion or Order Filing 148 ANSWER to #82 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against PharmacyChecker.com LLC. Document filed by National Association of Boards of Pharmacy..(Koons, Erik)
May 11, 2021 Opinion or Order Filing 147 ANSWER to #82 Amended Complaint, with JURY DEMAND. Document filed by Alliance for Safe Online Pharmacies..(Adcox, Rachel)
May 10, 2021 Opinion or Order Filing 146 ORDER granting #145 Letter Motion for Extension of Time to Answer re #145 CONSENT LETTER MOTION for Extension of Time to File Answer re: #82 Amended Complaint, addressed to Judge Kenneth M. Karas., #82 Amended Complaint. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 5/10/21) (yv)
May 10, 2021 Opinion or Order Filing 145 CONSENT LETTER MOTION for Extension of Time to File Answer re: #82 Amended Complaint, addressed to Judge Kenneth M. Karas. Document filed by Center for Safe Internet Pharmacies Ltd...(Werbin, Barry)
May 10, 2021 Opinion or Order Filing 144 ORDER granting #139 Letter Motion for Conference re: #139 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Kenneth M. Karas from Aaron Gott dated April 29, 2021. The Court will hold a teleconference on Monday, June 7, 2021 at 11:30 AM. So Ordered. ( Telephone Conference set for 6/7/2021 at 11:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 5/10/21) (yv)
May 7, 2021 Opinion or Order Filing 143 NOTICE OF CHANGE OF ADDRESS by Jeny Maier on behalf of Alliance for Safe Online Pharmacies. New Address: Axinn, Veltrop & Harkrider LLP, 1901 L Street, N.W., Washington, District of Columbia, United States 20036, 202.721.5406..(Maier, Jeny)
May 7, 2021 Opinion or Order Filing 142 NOTICE OF CHANGE OF ADDRESS by Rachel Johanna Adcox on behalf of Alliance for Safe Online Pharmacies. New Address: Axinn, Veltrop & Harkrider LLP, 1901 L Street NW, Washington, District of Columbia, United States 20036, 202.721.5406..(Adcox, Rachel)
May 6, 2021 Opinion or Order Filing 141 LETTER RESPONSE to Motion addressed to Judge Kenneth M. Karas from John Mills dated 05/06/2021 re: #139 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Kenneth M. Karas from Aaron Gott dated April 29, 2021. . Document filed by LegitScript LLC..(Mills, John)
April 30, 2021 Opinion or Order Filing 140 MEMO ENDORSEMENT on re: #139 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Kenneth M. Karas from Aaron Gott dated April 29, 2021. filed by PharmacyChecker.com LLC. ENDORSEMENT : LegitScript is to respond to this letter by 5/6/21. So Ordered., ( Responses due by 5/6/2021) (Signed by Judge Kenneth M. Karas on 4/29/21) (yv)
April 29, 2021 Opinion or Order Filing 139 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Kenneth M. Karas from Aaron Gott dated April 29, 2021. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
April 15, 2021 Opinion or Order Filing 138 MEMO ENDORSED ORDER granting #134 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. So Ordered. (Attorney Alexandra Shear terminated.) (Signed by Judge Kenneth M. Karas on 4/15/21) (yv)
April 15, 2021 Opinion or Order Filing 137 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #136 Motion to Withdraw as Attorney. The Motion to Withdraw Stephen Weissman as Counsel for Defendant National Association of Boards of Pharmacy and to remove Stephen Weissman from the CM/ECF service list for this matter is GRANTED. SO ORDERED. ( Attorney Stephen Weissman terminated.) (Signed by Judge Kenneth M. Karas on 4/15/21) (yv)
April 14, 2021 Opinion or Order Filing 136 MOTION for Stephen Weissman to Withdraw as Attorney . Document filed by National Association of Boards of Pharmacy. (Attachments: #1 Affidavit of Stephen Weissman, #2 Text of Proposed Order).(Koons, Erik)
April 9, 2021 Opinion or Order Filing 135 NOTICE OF APPEARANCE by James F. Lerner on behalf of PharmacyChecker.com LLC..(Lerner, James)
April 9, 2021 Opinion or Order Filing 134 MOTION for Alexandra Shear to Withdraw as Attorney . Document filed by PharmacyChecker.com LLC. (Attachments: #1 Affidavit to Withdraw Alexandra Shear as Counsel).(Gott, Aaron)
April 7, 2021 Opinion or Order Filing 133 ORDER granting #132 Letter Motion for Extension of Time to Answer re #132 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 6, 2021. The proposed schedule for Defendants' time to answer is granted. So Ordered. (Signed by Judge Kenneth M. Karas on 4/7/21) (yv) Modified on 4/7/2021 (yv).
April 6, 2021 Opinion or Order Filing 132 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Erik T. Koons dated April 6, 2021. Document filed by National Association of Boards of Pharmacy. (Attachments: #1 Joint Stipulation and Proposed Order).(Koons, Erik)
April 6, 2021 Opinion or Order Filing 131 MOTION for Cristina M. Fernandez to Withdraw as Attorney . Document filed by Alliance for Safe Online Pharmacies. (Attachments: #1 Affidavit of Cristina M. Fernandez, #2 Text of Proposed Order).(Adcox, Rachel)
April 6, 2021 Opinion or Order Filing 130 NOTICE OF APPEARANCE by Denise Plunkett on behalf of Alliance for Safe Online Pharmacies..(Plunkett, Denise)
March 30, 2021 Opinion or Order Filing 129 ORDER terminating #97 Motion to Dismiss; granting in part and denying in part #100 Motion to Dismiss; denying #104 Motion to Dismiss; granting #119 Motion to Dismiss. For the foregoing reasons, the Joint Motion is denied, the PSM Motion is granted in part and denied in part, the ASOP Motion is denied, and the LegitScript Motion is granted. The Court will hold a status conference via teleconference on May 18, 2021 at 10:30 AM. The Clerk of Court is respectfully directed to terminate the pending Motions, (Dkt. Nos. 97, 100, 104, 119). SO ORDERED.. (Signed by Judge Kenneth M. Karas on 3/30/2021) (ks)
March 30, 2021 Opinion or Order Set/Reset Hearings: Telephone Conference set for 5/18/2021 at 10:30 AM before Judge Kenneth M. Karas. (ks)
November 10, 2020 Opinion or Order Minute Entry for proceedings held before Judge Kenneth M. Karas: Oral Argument held on 11/10/2020 re: #104 MOTION to Dismiss Amended Complaint as to Defendant Alliance for Safe Online Pharmacies. filed by Alliance for Safe Online Pharmacies, #100 JOINT MOTION to Dismiss BY DEFENDANTS. filed by LegitScript LLC, Partnership for Safe Medicines, Inc., Alliance for Safe Online Pharmacies, National Association of Boards of Pharmacy, Center for Safe Internet Pharmacies Ltd., #97 MOTION to Dismiss the Amended Complaint as to it with Prejudice. filed by Partnership for Safe Medicines, Inc., #119 FIRST MOTION to Dismiss on behalf of LegitScript. filed by LegitScript LLC. Aaron Gott appeared on behalf of Plaintiff. Erik Koons appeared on behalf of the National Association of Boards of Pharmacy. Cristina Fernandez, Rachel Adcox, and Jeny Maier appeared on behalf of the Alliance for Safe Online Pharmacies (ASOP). Barry Werbin appeared on behalf of the Center for Safe Internet Pharmacies. John Mills appeared on behalf of LegitScript. Leslie John appeared on behalf of the Partnership for Safe Medicines (PSM). Sue Ghorayeb served as court reporter. Oral arguments were made on Defendants' Joint Motion To Dismiss, (Dkt. No. 100), PSM's Motion To Dismiss, (Dkt. No. 97), ASOP's Motion To Dismiss, (Dkt. No. 104), and LegitScript's Motion To Dismiss, (Dkt. No. 119). Parties may request a transcript of the record. (EJJ)
November 6, 2020 Opinion or Order Filing 128 NOTICE OF TELECONFERENCE INFORMATION: For the week of November 9, 2020, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/6/2020) (jca)
October 30, 2020 Opinion or Order Filing 127 CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for oral argument on all pending Motions to Dismiss before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, November 10, 2020 at 10:00 a.m. NOTICE OF TELECONFERENCE INFORMATION: The Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign(#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Telephone Conference set for 11/10/2020 at 10:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 10/30/2020) (jca)
October 2, 2020 Opinion or Order Filing 126 NOTICE of Supplemental Authority re: #100 JOINT MOTION to Dismiss BY DEFENDANTS.. Document filed by National Association of Boards of Pharmacy. (Attachments: #1 Exhibit A, #2 Exhibit B).(Koons, Erik)
October 2, 2020 Opinion or Order Filing 125 LETTER addressed to Judge Kenneth M. Karas from Erik Koons dated 10/02/2020 re: Plaintiff's Notice of Supplemental Authority (Dkt. No. 124). Document filed by National Association of Boards of Pharmacy..(Koons, Erik)
September 29, 2020 Opinion or Order Filing 124 NOTICE of Supplemental Authority re: #114 Response in Opposition to Motion. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
May 19, 2020 Opinion or Order Filing 123 RESPONSE in Opposition to Motion re: #119 FIRST MOTION to Dismiss on behalf of LegitScript. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
May 18, 2020 Opinion or Order Filing 122 REPLY MEMORANDUM OF LAW in Support re: #119 FIRST MOTION to Dismiss on behalf of LegitScript. . Document filed by LegitScript LLC..(Mills, John)
May 18, 2020 Opinion or Order Filing 121 MEMORANDUM OF LAW in Support re: #119 FIRST MOTION to Dismiss on behalf of LegitScript. . Document filed by LegitScript LLC..(Mills, John)
May 18, 2020 Opinion or Order Filing 120 DECLARATION of John Horton in Support re: #119 FIRST MOTION to Dismiss on behalf of LegitScript.. Document filed by LegitScript LLC..(Mills, John)
May 18, 2020 Opinion or Order Filing 119 FIRST MOTION to Dismiss on behalf of LegitScript. Document filed by LegitScript LLC..(Mills, John)
May 18, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Aaron Robert Gott to RE-FILE Document #112 Response in Opposition to Motion. ERROR(S): document linked to filing error. NOTE: Re-file and link to document #119 Motion. (ldi)
May 15, 2020 Opinion or Order Filing 118 REPLY MEMORANDUM OF LAW in Support re: #104 MOTION to Dismiss Amended Complaint as to Defendant Alliance for Safe Online Pharmacies. . Document filed by Alliance for Safe Online Pharmacies..(Adcox, Rachel)
May 15, 2020 Opinion or Order Filing 117 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #106 MOTION to Dismiss on behalf of LegitScript LLC. . Document filed by LegitScript LLC..(Mills, John) Modified on 5/18/2020 (ldi).
May 15, 2020 Opinion or Order Filing 116 REPLY MEMORANDUM OF LAW in Support re: #100 JOINT MOTION to Dismiss BY DEFENDANTS. . Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(Koons, Erik)
May 15, 2020 Opinion or Order Filing 115 REPLY MEMORANDUM OF LAW in Support re: #97 MOTION to Dismiss the Amended Complaint as to it with Prejudice. . Document filed by Partnership for Safe Medicines, Inc...(John, Leslie)
April 20, 2020 Opinion or Order Filing 114 RESPONSE in Opposition to Motion re: #100 JOINT MOTION to Dismiss BY DEFENDANTS. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
April 17, 2020 Opinion or Order Filing 113 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #114) - RESPONSE in Opposition to Motion re: #100 JOINT MOTION to Dismiss BY DEFENDANTS. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron) Modified on 4/20/2020 (ldi).
April 17, 2020 Opinion or Order Filing 112 RESPONSE in Opposition to Motion re: #106 MOTION to Dismiss on behalf of LegitScript LLC. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
April 17, 2020 Opinion or Order Filing 111 RESPONSE in Opposition to Motion re: #97 MOTION to Dismiss the Amended Complaint as to it with Prejudice. Partnership for Safe Medicines. Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
April 17, 2020 Opinion or Order Filing 110 RESPONSE in Opposition to Motion re: #104 MOTION to Dismiss Amended Complaint as to Defendant Alliance for Safe Online Pharmacies. . Document filed by PharmacyChecker.com LLC..(Gott, Aaron)
April 13, 2020 Opinion or Order Filing 109 MEMORANDUM OF LAW in Support re: #106 MOTION to Dismiss on behalf of LegitScript LLC. . Document filed by LegitScript LLC..(Mills, John)
April 13, 2020 Opinion or Order Filing 108 DECLARATION of John Horton in Support re: #106 MOTION to Dismiss on behalf of LegitScript LLC.. Document filed by LegitScript LLC..(Mills, John)
April 13, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John Tyler Mills to RE-FILE Document #106 MOTION to Dismiss on behalf of LegitScript LLC. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
March 13, 2020 Opinion or Order Filing 107 DECLARATION of Rachel J. Adcox in Support re: #104 MOTION to Dismiss Amended Complaint as to Defendant Alliance for Safe Online Pharmacies.. Document filed by Alliance for Safe Online Pharmacies. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Adcox, Rachel)
March 13, 2020 Opinion or Order Filing 106 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss on behalf of LegitScript LLC. Document filed by LegitScript LLC. Responses due by 4/17/2020 (Attachments: #1 Declaration of John Horton, #2 Memorandum of Law).(Mills, John) Modified on 4/13/2020 (db).
March 13, 2020 Opinion or Order Filing 105 MEMORANDUM OF LAW in Support re: #104 MOTION to Dismiss Amended Complaint as to Defendant Alliance for Safe Online Pharmacies. . Document filed by Alliance for Safe Online Pharmacies..(Adcox, Rachel)
March 13, 2020 Opinion or Order Filing 104 MOTION to Dismiss Amended Complaint as to Defendant Alliance for Safe Online Pharmacies. Document filed by Alliance for Safe Online Pharmacies. Responses due by 4/17/2020.(Adcox, Rachel)
March 13, 2020 Opinion or Order Filing 103 DECLARATION of Marjorie Clifton in Support re: #100 JOINT MOTION to Dismiss BY DEFENDANTS.. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Exhibit A).(Koons, Erik)
March 13, 2020 Opinion or Order Filing 102 DECLARATION of Erik T. Koons in Support re: #100 JOINT MOTION to Dismiss BY DEFENDANTS.. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Attachments: #1 Exhibit A-H).(Koons, Erik)
March 13, 2020 Opinion or Order Filing 101 MEMORANDUM OF LAW in Support re: #100 JOINT MOTION to Dismiss BY DEFENDANTS. . Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(Koons, Erik)
March 13, 2020 Opinion or Order Filing 100 JOINT MOTION to Dismiss BY DEFENDANTS. Document filed by Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc...(Koons, Erik)
March 13, 2020 Opinion or Order Filing 99 AFFIDAVIT of Leslie E. John, Esq. in Support re: #97 MOTION to Dismiss the Amended Complaint as to it with Prejudice.. Document filed by Partnership for Safe Medicines, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(John, Leslie)
March 13, 2020 Opinion or Order Filing 98 MEMORANDUM OF LAW in Support re: #97 MOTION to Dismiss the Amended Complaint as to it with Prejudice. . Document filed by Partnership for Safe Medicines, Inc...(John, Leslie)
March 13, 2020 Opinion or Order Filing 97 MOTION to Dismiss the Amended Complaint as to it with Prejudice. Document filed by Partnership for Safe Medicines, Inc.. (Attachments: #1 Text of Proposed Order).(John, Leslie)
March 10, 2020 Opinion or Order Filing 96 TRANSCRIPT of Proceedings re: Argument held on 9/11/2019 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Sabrina D'Emidio, (914) 390-4053. 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 3/31/2020. Redacted Transcript Deadline set for 4/10/2020. Release of Transcript Restriction set for 6/8/2020..(D'Emidio, Sabrina)
March 10, 2020 Opinion or Order Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a 09/11/2019 proceeding held on 09/11/2019 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....(D'Emidio, Sabrina)
February 6, 2020 Opinion or Order Filing 94 SCHEDULING ORDER: At the Pre-Motion Conference held before the Court on February 6, 2020, the Court adopted a briefing schedule for Defendants' anticipated motions to dismiss. All Defendants' opening papers are due March 13, 2020. Plaintiffs opposition is due April 17, 2020. Defendants' replies are due May 15, 2020. As discussed at the Pre-Motion Conference, the Parties are granted leave to file extra pages in their memoranda regarding Defendants' shared antitrust arguments. For that motion, the opening and opposition memoranda may be up to 40 pages long, and the reply memorandum may be up to 20 pages long. For the other motions, opening and opposition memoranda may be up to 20 pages long, and reply memoranda may be up to 10 pages long. If oral argument is requested, it may be scheduled by the Court. Please wait to hear from the Court to schedule argument. SO ORDERED. Motions due by 3/13/2020. Responses due by 4/17/2020, Replies due by 5/15/2020. (Signed by Judge Kenneth M. Karas on 2/6/2020) (jca)
February 6, 2020 Opinion or Order Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 2/6/2020. Aaron Gott appeared for Plaintiff. Erik Koons appeared for Defendant National Association of Boards of Pharmacy. Leslie John, Elizabeth Weissert, and Jay Fastow appeared for Defendant Partnership for Safe Medicines, Inc. Ryan Sestack appeared for Defendant LegitScript LLC. Jeny Maier and Cristina Fernandez appeared for Defendant Alliance for Safe Online Pharmacies. Barry Werbin appeared for Defendant Center for Safe Internet Pharmacies Ltd. No court reporter served. The Court adopted a briefing schedule. See Order.(GC)
January 29, 2020 Opinion or Order Filing 93 NOTICE OF CHANGE OF ADDRESS by Erik Thomas Koons on behalf of National Association of Boards of Pharmacy. New Address: Baker Botts LLP, 700 K Street, N.W., Washington, District of Columbia, United States 20001,. (Koons, Erik)
November 18, 2019 Opinion or Order Filing 92 MEMO ENDORSEMENT on re: #90 Letter filed by PharmacyChecker.com LLC. ENDORSEMENT: The Court will hold a pre-motion conference on 1/10/20, at 2:00. SO ORDERED. (Pre-Motion Conference set for 1/10/2020 at 02:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 11/13/2019) (jca)
November 12, 2019 Opinion or Order Filing 91 LETTER addressed to Judge Kenneth M. Karas from Aaron Gott dated 11/12/2019 re: LegitScript's letter (Dkt. No. 87). Document filed by PharmacyChecker.com LLC.(Gott, Aaron)
November 12, 2019 Opinion or Order Filing 90 LETTER addressed to Judge Kenneth M. Karas from Aaron Gott dated 11/12/2019 re: PSM's letter (Dkt. No. 86). Document filed by PharmacyChecker.com LLC.(Gott, Aaron)
November 12, 2019 Opinion or Order Filing 89 LETTER addressed to Judge Kenneth M. Karas from Aaron Gott dated 11/12/2019 re: NABPs letter (Dkt. No. 85). Document filed by PharmacyChecker.com LLC.(Gott, Aaron)
November 6, 2019 Opinion or Order Filing 88 NOTICE OF APPEARANCE by Jeny Maier on behalf of Alliance for Safe Online Pharmacies. (Maier, Jeny)
November 6, 2019 Opinion or Order Filing 87 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Ryan Sestack dated 11/06/2019. Document filed by LegitScript LLC.(Sestack, Ryan)
November 6, 2019 Opinion or Order Filing 86 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Jay N. Fastow dated November 6, 2019. Document filed by Partnership for Safe Medicines, Inc..(Fastow, Jay)
November 6, 2019 Opinion or Order Filing 85 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Erik T. Koons dated 11/06/2019. Document filed by National Association of Boards of Pharmacy.(Koons, Erik)
November 6, 2019 Opinion or Order Filing 84 NOTICE OF APPEARANCE by Jay N. Fastow on behalf of Partnership for Safe Medicines, Inc.. (Fastow, Jay)
November 6, 2019 Opinion or Order Filing 83 NOTICE OF APPEARANCE by Justin Ward Lamson on behalf of Partnership for Safe Medicines, Inc.. (Lamson, Justin)
October 21, 2019 Opinion or Order Filing 82 AMENDED COMPLAINT amending #1 Complaint, against Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc. with JURY DEMAND.Document filed by PharmacyChecker.com LLC. Related document: #1 Complaint,.(Gott, Aaron)
October 4, 2019 Opinion or Order Filing 81 STIPULATION AND ORDER CONSENTING TO PLAINTIFF'S AMENDMENT OF ITS PLEADING AND EXTENDING DEFENDANTS' TIME TO ANSWER, MOVE TO DISMISS, OR OTHERWISE RESPOND TO THE PLEADINGS: IT IS HEREBY STIPULATED AND AGREED, that: 1. Defendants consent to Plaintiff's filing of an amended complaint; 2. Plaintiff shall file its amended complaint on or before October 21, 2019; 3. Defendants' current deadlines to answer, move to dismiss, or otherwise respond to Plaintiff's complaint are suspended pending the filing of the amended complaint; 4. Defendants shall answer, move to dismiss, or otherwise respond to the amended complaint no later than 30 days after the filing of the amended complaint. SO ORDERED. (Amended Pleadings due by 10/21/2019.) (Signed by Judge Kenneth M. Karas on 10/4/2019) (jca)
October 4, 2019 Opinion or Order Filing 80 PROPOSED STIPULATION AND ORDER. Document filed by National Association of Boards of Pharmacy. (Koons, Erik)
October 3, 2019 Opinion or Order Filing 79 ORDER FOR ADMISSION PRO HAC VICE granting #75 Motion for Jana I. Seidl to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/3/2019) (rro)
October 3, 2019 Opinion or Order Filing 78 ORDER FOR ADMISSION PRO HAC VICE granting #76 Motion for Timothy P. Singer to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/3/2019) (rro)
October 3, 2019 Opinion or Order Filing 77 ORDER FOR ADMISSION PRO HAC VICE granting #74 Motion for Stephen Weissman to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/3/2019) (rro)
October 2, 2019 Opinion or Order Filing 76 MOTION for Timothy Patrick Singer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17704924. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Association of Boards of Pharmacy.(Singer, Timothy)
October 2, 2019 Opinion or Order Filing 75 MOTION for Jana Irina Seidl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17704858. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Association of Boards of Pharmacy.(Seidl, Jana)
October 2, 2019 Opinion or Order Filing 74 MOTION for Stephen Weissman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17704776. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Association of Boards of Pharmacy.(Weissman, Stephen)
October 2, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #76 MOTION for Timothy Patrick Singer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17704924. Motion and supporting papers to be reviewed by Clerk's Office staff., #74 MOTION for Stephen Weissman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17704776. Motion and supporting papers to be reviewed by Clerk's Office staff., #75 MOTION for Jana Irina Seidl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17704858. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 12, 2019 Opinion or Order Filing 73 ORDER denying #17 Motion for Preliminary Injunction. The Court denies Plaintiff's Motion for a Preliminary Injunction against Defendants National Association of Boards of Pharmacy and Center for Safe Internet Pharmacies, Ltd. (the "Motion"). The Clerk of Court is directed to terminate the pending Motion, (Dkt. No. 17). SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/11/19) (yv)
September 11, 2019 Opinion or Order Filing 72 ORDER FOR ADMISSION PRO HAC VICE granting #66 MOTION for Rachel J. Adcox to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 9/11/2019) (jca)
September 11, 2019 Opinion or Order Filing 71 ORDER FOR ADMISSION PRO HAC VICE granting #63 MOTION for Elizabeth P. Weissert to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 9/11/2019) (jca)
September 11, 2019 Opinion or Order Filing 70 ORDER FOR ADMISSION PRO HAC VICE granting #62 MOTION for Leslie E. John to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 9/11/2019) (jca)
September 10, 2019 Opinion or Order Filing 69 STIPULATION FURTHER EXTENDING DEFENDANT CENTER FOR SAFE INTERNET PHARMACIES LTD.'S TIME TO ANSWER, MOVE TO DISMISS, OR OTHERWISE RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, that the time for Defendant Center for Safe Internet Pharmacies Ltd. to answer, move to dismiss, or otherwise respond to the Complaint is further hereby extended to and including October 21, 2019. SO ORDERED. Center for Safe Internet Pharmacies Ltd. answer due 10/21/2019. (Signed by Judge Kenneth M. Karas on 9/10/2019) (ne)
September 10, 2019 Opinion or Order Filing 68 JOINT STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT ALLIANCE FOR SAFE ONLINE PHARMACIES TO ANSWER, MOVE TO DISMISS, OR OTHERWISE RESPOND TO THE COMPLAINT: ASOP's time to answer, move to dismiss, or otherwise respond to the Complaint pursuant to Rule 12 of the Fed. R. Civ. P. is hereby extended through and including October 21, 2019. No defense is prejudiced or waived by ASOP in executing, agreeing to, or filing this Stipulation. Alliance for Safe Online Pharmacies answer due 10/21/2019. Motions terminated: #61 LETTER MOTION for Extension of Time to Answer, Move to Dismiss, or Otherwise Respond to Complaint addressed to Judge Kenneth M. Karas from Cristina M. Fernandez dated 9/9/2019 filed by Alliance for Safe Online Pharmacies. (Signed by Judge Kenneth M. Karas on 9/10/2019) (mml)
September 10, 2019 Opinion or Order Filing 67 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, from 9/26/19 to 10/21/19 addressed to Judge Kenneth M. Karas from Barry Werbin dated 09/10/2019. Document filed by Center for Safe Internet Pharmacies Ltd.. (Attachments: #1 Stipulation)(Werbin, Barry)
September 10, 2019 Opinion or Order Filing 66 MOTION for Rachel J. Adcox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17572185. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alliance for Safe Online Pharmacies. (Attachments: #1 Affidavit of Rachel J. Adcox, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Adcox, Rachel)
September 10, 2019 Opinion or Order Filing 65 ORDER FOR ADMISSION PRO HAC VICE granting #58 Motion for Erik Thomas Koons to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above caption case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 9/10/2019) (mml)
September 10, 2019 Opinion or Order Filing 64 ORDER FOR ADMISSION PRO HAC VICE granting #50 Motion for Aaron R. Gott to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 9/10/2019) (mml)
September 10, 2019 Opinion or Order Filing 63 MOTION for Elizabeth P. Weissert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17571042. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Partnership for Safe Medicines, Inc.. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Weissert, Elizabeth)
September 10, 2019 Opinion or Order Filing 62 MOTION for Leslie E. John to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17570705. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Partnership for Safe Medicines, Inc.. (Attachments: #1 Affidavit, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order)(John, Leslie)
September 10, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Rachel J. Adcox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17572185. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 10, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #63 MOTION for Elizabeth P. Weissert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17571042. Motion and supporting papers to be reviewed by Clerk's Office staff., #62 MOTION for Leslie E. John to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17570705. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 9, 2019 Opinion or Order Filing 61 LETTER MOTION for Extension of Time to Answer, Move to Dismiss, or Otherwise Respond to Complaint addressed to Judge Kenneth M. Karas from Cristina M. Fernandez dated 9/9/2019. Document filed by Alliance for Safe Online Pharmacies. (Attachments: #1 Joint Stipulation)(Fernandez, Cristina)
September 9, 2019 Opinion or Order Filing 60 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alliance for Safe Online Pharmacies.(Fernandez, Cristina)
September 9, 2019 Opinion or Order Filing 59 NOTICE OF APPEARANCE by Cristina Marie Fernandez on behalf of Alliance for Safe Online Pharmacies. (Fernandez, Cristina)
September 9, 2019 Opinion or Order Filing 58 MOTION for Erik Thomas Koons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17565111. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Association of Boards of Pharmacy.(Koons, Erik)
September 9, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #50 MOTION for Aaron Robert Gott to Appear Pro Hac Vice [Corrected]. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 9, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #58 MOTION for Erik Thomas Koons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17565111. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 6, 2019 Opinion or Order Filing 57 REPLY to Response to Motion re: #17 MOTION for Preliminary Injunction . (CSIP). Document filed by PharmacyChecker.com LLC. (Attachments: #1 Exhibit 1)(Shear, Alexandra)
September 6, 2019 Opinion or Order Filing 56 AFFIDAVIT of Tod Cooperman, MD in Support re: #17 MOTION for Preliminary Injunction .. Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
September 6, 2019 Opinion or Order Filing 55 DECLARATION of Lisa Mittwol in Support re: #17 MOTION for Preliminary Injunction .. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Exhibit 1)(Shear, Alexandra)
September 6, 2019 Opinion or Order Filing 54 DECLARATION of Aaron Gott in Support re: #17 MOTION for Preliminary Injunction .. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Shear, Alexandra)
September 6, 2019 Opinion or Order Filing 53 REPLY MEMORANDUM OF LAW in Opposition re: #17 MOTION for Preliminary Injunction . (NABP). Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
September 6, 2019 Opinion or Order Filing 52 ORDER FOR ADMISSION PRO HAC VICE granting #46 MOTION for Brian E. Casey to Appear Pro Hac Vice. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/6/2019) (jca)
September 6, 2019 Opinion or Order Filing 51 STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT PARTNERSHIP FOR SAFE MEDICINES, INC. TO ANSWER, MOVE TO DISMISS, OR OTHERWISE RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, subject to approval by the Court, by and among PharmacyChecker.com LLC and PSM, by and through their undersigned counsel, that: 1. PSM shall answer, move to dismiss, or otherwise respond to the Complaint on or before Monday, October 21, 2019. 2. No defense is waived or prejudiced by PSM executing, agreeing to, and/or filing this Stipulation. IT IS SO ORDERED. Partnership for Safe Medicines, Inc. answer due 10/21/2019. (Signed by Judge Kenneth M. Karas on 9/6/2019) (jca)
September 5, 2019 Opinion or Order Filing 50 MOTION for Aaron Robert Gott to Appear Pro Hac Vice [Corrected]. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Affidavit of Aaron Gott, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Text of Proposed Order)(Gott, Aaron)
September 5, 2019 Opinion or Order Filing 49 PROPOSED STIPULATION AND ORDER. Document filed by Partnership for Safe Medicines, Inc.. (Lamson, Justin)
September 5, 2019 Opinion or Order Filing 48 NOTICE OF APPEARANCE by Justin Ward Lamson on behalf of Partnership for Safe Medicines, Inc.. (Lamson, Justin)
September 5, 2019 Opinion or Order Filing 47 NOTICE OF APPEARANCE by Jay N. Fastow on behalf of Partnership for Safe Medicines, Inc.. (Fastow, Jay)
September 5, 2019 Opinion or Order Filing 46 MOTION for Brian E. Casey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17548660. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Association of Boards of Pharmacy. (Attachments: #1 Affidavit Affidavit of Brian E. Casey, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order proposed Order)(Casey, Brian)
September 5, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #46 MOTION for Brian E. Casey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17548660. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 4, 2019 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #45 MOTION for Aaron Robert Gott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17536610. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not except them from a state bar association.;. Re-file the motion as a Corrected 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.. (bcu)
September 3, 2019 Opinion or Order Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Aaron Robert Gott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17536610. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Affidavit of Aaron Gott, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(Gott, Aaron) Modified on 9/4/2019 (bcu).
September 3, 2019 Opinion or Order Filing 44 STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT NATIONAL ASSOCIATION OF BOARDS OF PHARMACY TO ANSWER, MOVE TO DISMISS, OR OTHERWISE RESPOND TO THE COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows: 1. NABP's time to answer, move to dismiss, or otherwise respond to the Complaint is hereby extended through and including October 21, 2019. (And as further set forth in this Order.) SO ORDERED. National Association of Boards of Pharmacy answer due 10/21/2019. (Signed by Judge Kenneth M. Karas on 9/3/2019) (jca)
September 3, 2019 Opinion or Order Filing 43 STIPULATION EXTENDING DEFENDANT CENTER FOR SAFE INTERNET PHARMACIES LTD.'S TIME TO ANSWER, MOVE TO DISMISS, OR OTHERWISE RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, that the time for Defendant Center for Safe Internet Pharmacies Ltd. to answer, move to dismiss, or otherwise respond to the Complaint filed on August 13, 2019 (ECF No. 1) is hereby extended to and including September 26, 2019; SO ORDERED. Center for Safe Internet Pharmacies Ltd. answer due 9/26/2019. (Signed by Judge Kenneth M. Karas on 9/3/2019) (jca)
August 30, 2019 Opinion or Order Filing 42 DECLARATION of Carmen A. Catizone in Opposition re: #17 MOTION for Preliminary Injunction .. Document filed by National Association of Boards of Pharmacy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Olszowka, Paul)
August 30, 2019 Opinion or Order Filing 41 DECLARATION of Paul Olszowka in Opposition re: #17 MOTION for Preliminary Injunction .. Document filed by National Association of Boards of Pharmacy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Olszowka, Paul)
August 30, 2019 Opinion or Order Filing 40 MEMORANDUM OF LAW in Opposition re: #17 MOTION for Preliminary Injunction . . Document filed by National Association of Boards of Pharmacy. (Olszowka, Paul)
August 30, 2019 Opinion or Order Filing 39 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Kenneth M. Karas from Barry Werbin dated 8/30/19. Document filed by Center for Safe Internet Pharmacies Ltd.. (Attachments: #1 Stipulation)(Werbin, Barry)
August 30, 2019 Opinion or Order Filing 38 MEMORANDUM OF LAW in Opposition re: #17 MOTION for Preliminary Injunction . . Document filed by Center for Safe Internet Pharmacies Ltd.. (Werbin, Barry)
August 30, 2019 Opinion or Order Filing 37 DECLARATION of Barry Werbin in Opposition re: #17 MOTION for Preliminary Injunction .. Document filed by Center for Safe Internet Pharmacies Ltd.. (Werbin, Barry)
August 30, 2019 Opinion or Order Filing 36 DECLARATION of Marjorie Clifton in Opposition re: #17 MOTION for Preliminary Injunction .. Document filed by Center for Safe Internet Pharmacies Ltd.. (Werbin, Barry)
August 30, 2019 Opinion or Order Filing 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Association of Boards of Pharmacy.(Olszowka, Paul)
August 30, 2019 Opinion or Order Filing 34 CONSENT MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint. Document filed by National Association of Boards of Pharmacy.(Olszowka, Paul)
August 29, 2019 Opinion or Order Filing 33 MEMORANDUM OF LAW in Support re: #17 MOTION for Preliminary Injunction . [Corrected]. Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
August 28, 2019 Opinion or Order Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Center for Safe Internet Pharmacies Ltd..(Werbin, Barry)
August 28, 2019 Opinion or Order Filing 31 NOTICE OF APPEARANCE by Nicholas Grant Olear Veliky on behalf of Center for Safe Internet Pharmacies Ltd.. (Veliky, Nicholas)
August 28, 2019 Opinion or Order Filing 30 NOTICE OF APPEARANCE by Barry Werbin on behalf of Center for Safe Internet Pharmacies Ltd.. (Werbin, Barry)
August 27, 2019 Opinion or Order Filing 29 ORDER denying #25 Letter Motion for Extension of Time. The requested extension is denied. The deadlines specified in the Order to Show Cause, (Dkt no. 16), remain the same. So Ordered. (Signed by Judge Kenneth M. Karas on 8/27/19) (yv)
August 26, 2019 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Mercedes Colwin on behalf of LegitScript LLC. (Colwin, Mercedes)
August 26, 2019 Opinion or Order Filing 27 NOTICE OF APPEARANCE by Ryan James Sestack on behalf of LegitScript LLC. (Sestack, Ryan)
August 26, 2019 Opinion or Order Filing 26 NOTICE OF APPEARANCE by John Tyler Mills on behalf of LegitScript LLC. (Mills, John)
August 23, 2019 Opinion or Order Filing 25 LETTER MOTION for Extension of Time Regarding Preliminary Injunction Deadlines addressed to Judge Kenneth M. Karas from Paul Olszowka dated 08/23/2019. Document filed by National Association of Boards of Pharmacy.(Olszowka, Paul)
August 23, 2019 Opinion or Order Filing 24 WAIVER OF SERVICE RETURNED EXECUTED. LegitScript LLC waiver sent on 8/22/2019, answer due 10/21/2019. Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
August 23, 2019 Opinion or Order Filing 23 NOTICE OF APPEARANCE by Paul T. Olszowka on behalf of National Association of Boards of Pharmacy. (Olszowka, Paul)
August 22, 2019 Opinion or Order Filing 22 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Center for Safe Internet Pharmacies Ltd. served on 8/16/2019, answer due 9/6/2019. Service was accepted by Lynanne Gares, Service of Process Clerk. Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
August 22, 2019 Opinion or Order Filing 21 SUMMONS RETURNED EXECUTED Summons and Complaint, served. National Association of Boards of Pharmacy served on 8/16/2019, answer due 9/6/2019. Service was accepted by Carmen Catizone, Executive Director. Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
August 19, 2019 Opinion or Order Filing 20 DECLARATION of Aaron Gott in Support re: #17 MOTION for Preliminary Injunction .. Document filed by PharmacyChecker.com LLC. (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 21a, #23 Exhibit 21b, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 28a, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 30a, #35 Exhibit 30b, #36 Exhibit 31, #37 Exhibit 32)(Shear, Alexandra)
August 19, 2019 Opinion or Order Filing 19 AFFIDAVIT of Tod Cooperman, MD in Support re: #17 MOTION for Preliminary Injunction .. Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
August 19, 2019 Opinion or Order Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION for Preliminary Injunction . . Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
August 19, 2019 Opinion or Order Filing 17 MOTION for Preliminary Injunction . Document filed by PharmacyChecker.com LLC. Return Date set for 9/11/2019 at 03:00 PM.(Shear, Alexandra)
August 16, 2019 Opinion or Order Filing 16 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION. It is ORDERED that defendants National Association of Boards of Pharmacy and Center for Safe Internet Pharmacies show cause before a motion term of this Court, at Room 521, United States Courthouse, 300 Quarropas Street, White Plains, New York, on Wednesday, 9/11, at 3:00 o'clock in the afternoon therefor, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the above-named defendants as follows: NABP shall immediately remove PharmacyChecker.com and PharmacyCheckerBlog.com from the "Not Recommended Sites" blacklist and any similar list; NABP shall immediately inform all parties to which it has distributed the list that PharmacyChecker.com and PharmacyCheckerBlog.com have been removed from the "Not Recommended Sites" blacklist and any similar list; CSIP shall immediately accept the revised blacklist, inform its members of the revision and removal of PharmacyChecker.com and PharmacyCheckerBlog.com from the "Not Recommended Sites" blacklist and any similar list, and require them to immediately reflect the changes in all applications of the blacklist; and it is further ORDERED that personal service of a copy of this order and annexed affidavit upon the defendant or his counsel on or before Sunday, 8/18, at 9 o'clock in the evening, shall be deemed good and sufficient service thereof. Further, Defendants at issue in Plaintiff's Motion for Preliminary Injunction are ordered to respond by 8/30/19. Plaintiff should submit any reply by 9/6/19. (Show Cause Hearing set for 9/11/2019 at 03:00 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. Show Cause Response due by 8/30/2019.) (Signed by Judge Kenneth M. Karas on 8/16/19) (yv)
August 16, 2019 Opinion or Order Set/Reset Deadlines: Replies due by 9/6/2019. (yv)
August 16, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alexandra Shear to RE-FILE Document #15 MOTION for Preliminary Injunction . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affidavit in Support of Motion, Declaration in Support of Motion and Memorandum of Law in Support of Motion are all found under the event list Replies, Opposition and Supporting Documents. (ldi)
August 15, 2019 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #14 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
August 14, 2019 Opinion or Order Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Preliminary Injunction . Document filed by PharmacyChecker.com LLC. (Attachments: #1 Memorandum of Law, #2 Affidavit of Tod Cooperman, MD, #3 Exhibit Declaration of Aaron Gott, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 21a, #26 Exhibit 21b, #27 Exhibit 22, #28 Exhibit 23, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 Exhibit 27, #33 Exhibit 28, #34 Exhibit 28a, #35 Exhibit 29, #36 Exhibit 30, #37 Exhibit 30a, #38 Exhibit 30b, #39 Exhibit 31, #40 Exhibit 32)(Shear, Alexandra) Modified on 8/16/2019 (ldi).
August 14, 2019 Opinion or Order Filing 14 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by PharmacyChecker.com LLC. (Attachments: #1 Complaint) (Shear, Alexandra) Proposed Order to be reviewed by Clerk's Office staff.
August 14, 2019 Opinion or Order Filing 13 ELECTRONIC SUMMONS ISSUED as to Partnership for Safe Medicines, Inc.. (dnh)
August 14, 2019 Opinion or Order Filing 12 ELECTRONIC SUMMONS ISSUED as to LegitScript LLC. (dnh)
August 14, 2019 Opinion or Order Filing 11 ELECTRONIC SUMMONS ISSUED as to Center for Safe Internet Pharmacies Ltd.. (dnh)
August 14, 2019 Opinion or Order Filing 10 ELECTRONIC SUMMONS ISSUED as to Alliance for Safe Online Pharmacies. (dnh)
August 14, 2019 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to National Association of Boards of Pharmacy. (dnh)
August 14, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dnh)
August 14, 2019 Opinion or Order Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (dnh)
August 14, 2019 Opinion or Order Case Designated ECF. (dnh)
August 14, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexandra Shear. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (dnh)
August 13, 2019 Opinion or Order Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Partnership for Safe Medicines, Inc., re: #1 Complaint,. Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
August 13, 2019 Opinion or Order Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to LegitScript LLC, re: #1 Complaint,. Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
August 13, 2019 Opinion or Order Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Center for Safe Internet Pharmacies Ltd., re: #1 Complaint,. Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
August 13, 2019 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Alliance for Safe Online Pharmacies, re: #1 Complaint,. Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
August 13, 2019 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to National Association of Boards of Pharmacy, re: #1 Complaint,. Document filed by PharmacyChecker.com LLC. (Shear, Alexandra)
August 13, 2019 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PharmacyChecker.com LLC.(Shear, Alexandra)
August 13, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Shear, Alexandra)
August 13, 2019 Opinion or Order Filing 1 COMPLAINT against Alliance for Safe Online Pharmacies, Center for Safe Internet Pharmacies Ltd., LegitScript LLC, National Association of Boards of Pharmacy, Partnership for Safe Medicines, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17423248)Document filed by PharmacyChecker.com LLC.(Shear, Alexandra)

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Search for this case: PharmacyChecker.com LLC v. National Association of Boards of Pharmacy et al
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Defendant: Partnership for Safe Medicines, Inc.
Represented By: Elizabeth Weissert
Represented By: Justin Ward Lamson
Represented By: Leslie Ellen John
Represented By: Jay N. Fastow
Represented By: Rachel Johanna Adcox
Represented By: James Alfred Mitchell
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Defendant: Center for Safe Internet Pharmacies Ltd.
Represented By: Barry Werbin
Represented By: Nicholas Grant Olear Veliky
Represented By: Rachel Johanna Adcox
Represented By: Joshua Max Herman
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Defendant: LegitScript LLC
Represented By: John Tyler Mills
Represented By: Ryan James Sestack
Represented By: Mercedes Colwin
Represented By: Rachel Johanna Adcox
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Defendant: Alliance for Safe Online Pharmacies
Represented By: Rachel Johanna Adcox
Represented By: Cristina Marie Fernandez
Represented By: Jeny Maier
Represented By: Denise Plunkett
Represented By: Melanie Kiser
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Counter claimant: National Association of Boards of Pharmacy
Represented By: Paul T. Olszowka
Represented By: Erik Thomas Koons
Represented By: Stephen Weissman
Represented By: Brian E. Casey
Represented By: Jana Irina Seidl
Represented By: Timothy Patrick Singer
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Plaintiff: PharmacyChecker.com LLC
Represented By: Alexandra Shear
Represented By: Aaron Robert Gott
Represented By: James F. Lerner
Represented By: Matthew Robert Riley
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