The ProImmune Company, LLC v. Holista Colltech Ltd. et al
Plaintiff: The ProImmune Company, LLC
Defendant: Does 1-50 and Holista Colltech Ltd.
Case Number: 7:2020cv01247
Filed: February 12, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Kenneth M Karas
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 bc Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2023 Filing 122 FIRST OPPOSITION BRIEF re: #120 Order,, #121 Declaration in Support of Motion . Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
August 31, 2023 Filing 121 DECLARATION of Kete P. Barnes in Support re: #108 MOTION for Attorney Fees and Prejudgment Interest.. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
August 16, 2023 Opinion or Order Filing 120 ORDER. As the Court has determined that ProImmune is not entitled to attorneys' fees under the First Contract, (see Attys' Fees Op.), ProImmune is directed to file a supplemental declaration indicating the following information as further set forth in this Order. ProImmune is directed to file this supplemental memorandum by no later than August 31, 2023. Holista is to respond to ProImmune's supplemental filing, if necessary, by no later than September 14, 2023. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/16/23) (yv)
August 1, 2023 Opinion or Order Filing 119 ORDER: For the foregoing reasons, ProImmune's motion is granted in part and denied in part. The Clerk of the Court is respectfully requested to terminate the pending motion at Dkt. No. 108 and file this Order under seal, restricted to the Parties and the Court. The Parties are directed to submit additional briefing, to be no longer than 10 pages, on the question identified above by no later than two weeks after the date of this Order. There will be no responses to each Party's submission, and there will be no extensions to this briefing schedule. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/5/2023) (vfr)
July 19, 2023 Filing 118 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #108 MOTION for Attorney Fees and Prejudgment Interest. . Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
July 19, 2023 Filing 117 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #108 MOTION for Attorney Fees and Prejudgment Interest. . Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
July 12, 2023 Filing 116 LETTER addressed to Judge Kenneth M. Karas from Ryan B. Abbott dated 7/12/2023 re: Proposed Redactions to Order (ECF 114). Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
July 5, 2023 Filing 115 MANDATE of USCA (Certified Copy) as to #100 Notice of Appeal, filed by Holista Colltech Ltd. USCA Case Number 23-0243. Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/05/2023..(nd)
July 5, 2023 Opinion or Order Filing 114 ***SELECTED PARTIES*** ORDER granting in part and denying in part #108 Motion for Attorney Fees. For the foregoing reasons, ProImmune's motion is granted in part and denied in part. The Clerk of the Court is respectfully requested to terminate the pending motion at Dkt. No. 108 and file this Order under seal, restricted to the Parties and the Court. The Parties are directed to submit additional briefing, to be no longer than 10 pages, on the question identified above by no later than two weeks after the date of this Order. There will be no responses to each Party's submission, and there will be no extensions to this briefing schedule. (Signed by Judge Kenneth M. Karas on 7/5/2023) (tro)
June 29, 2023 Filing 113 LETTER addressed to Judge Kenneth M. Karas from Ryan B. Abbott dated 6/29/2023 re: Status Update. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
April 20, 2023 Filing 112 REPLY MEMORANDUM OF LAW in Support re: #108 MOTION for Attorney Fees and Prejudgment Interest. . Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
April 17, 2023 Filing 111 FIRST MEMORANDUM OF LAW in Opposition re: #108 MOTION for Attorney Fees and Prejudgment Interest. . Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
April 3, 2023 Filing 110 DECLARATION of Kete P. Barnes in Support re: #108 MOTION for Attorney Fees and Prejudgment Interest.. Document filed by The ProImmune Company, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit Exhibit 1 - Billing Records re Affirmative Claims, #2 Exhibit Exhibit 2 - Billing Record re Counterclaims).(Barnes, Rowennakete)
April 3, 2023 Filing 109 MEMORANDUM OF LAW in Support re: #108 MOTION for Attorney Fees and Prejudgment Interest. . Document filed by The ProImmune Company, LLC(a Delaware limited liability company)..(Barnes, Rowennakete)
April 3, 2023 Filing 108 MOTION for Attorney Fees and Prejudgment Interest. Document filed by The ProImmune Company, LLC(a Delaware limited liability company)..(Barnes, Rowennakete)
March 24, 2023 Filing 107 PROPOSED JUDGMENT. Document filed by Holista Colltech Ltd.(an Australian corporation). (Attachments: #1 Exhibit Letter Accompanying Proposed Judgment).(Bhushan, Natraj)
March 24, 2023 Filing 106 ***SELECTED PARTIES***AFFIDAVIT of Kete P. Barnes re: #105 Proposed Judgment Unredacted Declaration of Kete P. Barnes re Prejudgment Interest. Document filed by The ProImmune Company, LLC, Holista Colltech Ltd.. Motion or Order to File Under Seal: #43 .(Barnes, Rowennakete)
March 24, 2023 Filing 105 PROPOSED JUDGMENT. Document filed by The ProImmune Company, LLC. (Attachments: #1 Exhibit Exhibit A - Proposed Judgment, #2 Affidavit Redacted Declaration of Kete P. Barnes re Prejudgment Interest).(Barnes, Rowennakete)
March 21, 2023 Opinion or Order Filing 104 MEMO ENDORSED ORDER on re: #103 Letter Response to Plaintiff's Letter Motion Seeking A Rule 58 Conference., filed by Holista Colltech Ltd. terminating #101 Letter Motion for Conference re: #101 LETTER MOTION for Conference Pre-Motion Conference Request re Motion for Separate Document Judgment and Dismissal of Third Cause of Action addressed to Judge Kenneth M. Karas from Kete Barnes dated 3/2/2023. ENDORSEMENT: The Parties will submit a proposed Rule 58 Order, including the consent dismissal of the third cause of action, by no later than March 24, 2023. In lieu of a pre-motion conference, the Court will adopt a briefing schedule for Plaintiff's upcoming Motion for Attorney's Fees. Plaintiff's motion is due April 3, 2023. Defendant's response is due April 17, 2023. Plaintiff's reply, if any, is due April 24, 2023. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/21/23) (yv)
March 21, 2023 Set/Reset Deadlines: Motions due by 4/3/2023. Responses due by 4/17/2023 Replies due by 4/24/2023. (yv)
March 11, 2023 Filing 103 FIRST LETTER addressed to Judge Kenneth M. Karas from Natraj Bhushan dated March 11, 2023 re: Response to Plaintiff's Letter Motion Seeking A Rule 58 Conference. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
March 9, 2023 Opinion or Order Filing 102 MEMO ENDORSEMENT on re: #101 LETTER MOTION for Conference Pre-Motion Conference Request re Motion for Separate Document Judgment and Dismissal of Third Cause of Action addressed to Judge Kenneth M. Karas from Kete Barnes dated 3/2/2023. filed by The ProImmune Company, LLC. ENDORSEMENT: Holista is to respond to this letter by 3/15/23. So Ordered., ( Responses due by 3/15/2023) (Signed by Judge Kenneth M. Karas on 3/9/23) (yv)
March 2, 2023 Filing 101 LETTER MOTION for Conference Pre-Motion Conference Request re Motion for Separate Document Judgment and Dismissal of Third Cause of Action addressed to Judge Kenneth M. Karas from Kete Barnes dated 3/2/2023. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
February 24, 2023 Filing 100 FIRST NOTICE OF APPEAL from #85 Memorandum & Opinion,,,,. Document filed by Holista Colltech Ltd.(an Australian corporation). Filing fee $ 505.00, receipt number ANYSDC-27385845. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Bhushan, Natraj)
February 24, 2023 Filing 99 REDACTION to #96 Memorandum & Opinion, by The ProImmune Company, LLC.(Barnes, Rowennakete)
February 24, 2023 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #100 Notice of Appeal, filed by Holista Colltech Ltd. were transmitted to the U.S. Court of Appeals..(nd)
February 24, 2023 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #100 Notice of Appeal,..(nd)
February 17, 2023 Opinion or Order Filing 98 MEMO ENDORSEMENT on re: #97 Letter Redactions to Opinion and Order [ECF 96] filed by The ProImmune Company, LLC. ENDORSEMENT: The proposed redactions are approved without modification. The Parties are directed to file the redacted version as soon as is practicable. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/17/23) (yv)
February 16, 2023 Filing 97 LETTER addressed to Judge Kenneth M. Karas from Ryan Abbott dated 2/16/2023 re: Proposed Redactions to Opinion and Order [ECF 96]. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
January 30, 2023 Opinion or Order Filing 96 ***SELECTED PARTIES*** OPINION & ORDER. The Clerk of the Court is respectfully requested to file this Opinion & Order under seal, restricted to ProImmune, Holista, and the Court, and to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/30/23) (yv)
January 19, 2023 Filing 95 LETTER addressed to Judge Kenneth M. Karas from Ryan B. Abbott dated 1/19/2023 re: Request for Status Update. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
May 31, 2022 Filing 94 REPLY MEMORANDUM OF LAW in Support re: #57 MOTION for Summary Judgment . Supplemental Reply Brief in Response to Court's Order (ECF 85). Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
May 17, 2022 Filing 93 FIRST MEMORANDUM OF LAW in Opposition re: #48 MOTION for Summary Judgment . Holista's Supplemental Brief in Response to Court's Order (ECF 85).. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
May 11, 2022 Opinion or Order Filing 92 ORDER granting #91 Letter Motion for Extension of Time to File Response/Reply re #91 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #85 Memorandum & Opinion, addressed to Judge Kenneth M. Karas from Natraj Bhushan dated May 11, 2022. Granted. So Ordered. Replies due by 5/31/2022. (Signed by Judge Kenneth M. Karas on 5/11/2022) (ate)
May 11, 2022 Filing 91 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #85 Memorandum & Opinion,,,, addressed to Judge Kenneth M. Karas from Natraj Bhushan dated May 11, 2022. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
April 15, 2022 Filing 90 ***SELECTED PARTIES*** RESPONSE in Support of Motion re: #48 MOTION for Summary Judgment . Supplemental Brief in Response to Court's Order (ECF 85) [Unredacted]. Document filed by The ProImmune Company, LLC, Holista Colltech Ltd.. (Attachments: #1 Affidavit Declaration of Albert Crum, M.D.)Motion or Order to File Under Seal: #43 .(Barnes, Rowennakete)
April 15, 2022 Filing 89 RESPONSE in Support of Motion re: #48 MOTION for Summary Judgment . Supplemental Brief in Response to Court's Order (ECF 85). Document filed by The ProImmune Company, LLC. (Attachments: #1 Affidavit Declaration of Albert Crum, M.D.).(Barnes, Rowennakete)
April 7, 2022 Filing 88 REDACTION to #85 Memorandum & Opinion,,,, by The ProImmune Company, LLC.(Barnes, Rowennakete)
April 4, 2022 Opinion or Order Filing 87 MEMO ENDORSEMENT on re: #86 Letter filed by The ProImmune Company, LLC. ENDORSEMENT: The proposed redactions are approved without modification. The Parties are directed to file the redacted version as soon as practicable. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/4/2022) (jca)
April 1, 2022 Filing 86 LETTER addressed to Judge Kenneth M. Karas from Ryan Abbott dated 4/1/2022 re: Proposed Redactions to Opinion and Order [ECF 85]. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
March 21, 2022 Opinion or Order Filing 85 ***SELECTED PARTIES*** OPINION & ORDER re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims. filed by Holista Colltech Ltd., The ProImmune Company, LLC, #48 MOTION for Summary Judgment . filed by The ProImmune Company, LLC, #57 MOTION for Summary Judgment . filed by The ProImmune Company, LLC. ProImmune's Motion for Summary Judgment is granted and Holista's Motion for Partial Summary Judgment is denied. The Clerk of Court is respectfully directed to file this Opinion & Order under seal, restricted to ProImmune, Holista, and the Court, and to terminate the pending Motions. (Dkt. Nos. 44, 48, 57). ProImmune's submission on the questions the Court identified above is due no later than April 15, 2022. Holista's response to ProImmune's submission is due no later than May 13, 2022. ProImmunes reply is due no later than May 27, 2022. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/18/22) (yv)
March 18, 2022 Filing 84 SEALED DOCUMENT placed in vault.(sk)
September 3, 2021 Filing 83 RESPONSE in Opposition to Motion re: #48 MOTION for Summary Judgment . (Sur-Reply In Opposition). Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
August 30, 2021 Opinion or Order Filing 82 ORDER granting #81 Letter Motion for Leave to File Document. Defendant may file a sur-reply by 9/3/21. It is to be no longer than three pages. So Ordered. (Signed by Judge Kenneth M. Karas on 8/30/21) (yv)
August 30, 2021 Set/Reset Deadlines: Surreplies due by 9/3/2021. (yv)
August 24, 2021 Filing 81 FIRST LETTER MOTION for Leave to File Sur-Reply in connection with ProImmune's Motion For Summary Judgment addressed to Judge Kenneth M. Karas from Natraj Bhushan dated August 24, 2021. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
August 24, 2021 Opinion or Order Filing 80 ORDER granting #79 Letter Motion for Extension of Time to File Response/Reply re #79 LETTER MOTION for Extension of Time to File Response/Reply as to #77 Reply Memorandum of Law in Support of Motion, pre-motion conference request re anticipated motion to treat reply as timely filed addressed to Judge Kenneth M. Karas fr. The Court will read and consider ProImmune's Reply Memorandum. So Ordered.. (Signed by Judge Kenneth M. Karas on 8/24/2021) (tg)
August 23, 2021 Filing 79 LETTER MOTION for Extension of Time to File Response/Reply as to #77 Reply Memorandum of Law in Support of Motion, pre-motion conference request re anticipated motion to treat reply as timely filed addressed to Judge Kenneth M. Karas from Ryan Abbott dated 8/23/2021. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
August 20, 2021 Filing 78 REPLY AFFIDAVIT of Ryan Abbott in Support re: #48 MOTION for Summary Judgment .. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
August 20, 2021 Filing 77 REPLY MEMORANDUM OF LAW in Support re: #48 MOTION for Summary Judgment . . Document filed by The ProImmune Company, LLC. (Attachments: #1 Supplement Evidentiary Objections to Bhushan Declaration, #2 Supplement Evidentiary Objections to Manicka Declaration).(Barnes, Rowennakete)
August 12, 2021 Opinion or Order Filing 76 ORDER granting #75 Letter Motion to Seal. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/12/2021) (rj)
August 11, 2021 Filing 75 FIRST LETTER MOTION to Seal ECF Doc. No. 73 addressed to Judge Kenneth M. Karas from Natraj Bhushan dated August 11, 2021. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
August 6, 2021 Filing 74 FIRST REPLY MEMORANDUM OF LAW in Support re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims. . Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
July 30, 2021 Filing 73 COUNTER STATEMENT TO Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
July 30, 2021 Filing 72 FIRST MEMORANDUM OF LAW in Opposition re: #48 MOTION for Summary Judgment . . Document filed by Holista Colltech Ltd.(an Australian corporation). (Attachments: #1 Affidavit Declaration In Opposition, #2 Exhibit Ex 1 to Bhushan Declaration, #3 Exhibit 2 to Bhushan Declaration, #4 Affidavit Declaration of Rajen Manicka In Opposition, #5 Exhibit Ex 1 to Manicka Declaration).(Bhushan, Natraj)
July 16, 2021 Filing 71 NOTICE of of Errata re Memorandum in Opposition to Motion for Summary Judgment re: #65 Memorandum of Law in Opposition to Motion,. Document filed by The ProImmune Company, LLC(a Delaware limited liability company)..(Barnes, Rowennakete)
July 16, 2021 Filing 70 AFFIDAVIT of Ryan Abbott in Opposition re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims.. Document filed by The ProImmune Company, LLC(a Delaware limited liability company)..(Barnes, Rowennakete)
July 15, 2021 Filing 69 ***SELECTED PARTIES***AFFIDAVIT of Albert Crum, M.D. in Opposition re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims.. Document filed by The ProImmune Company, LLC(a Delaware limited liability company), Holista Colltech Ltd.(an Australian corporation). Motion or Order to File Under Seal: #42 .(Barnes, Rowennakete)
July 15, 2021 Filing 68 ***SELECTED PARTIES***AFFIDAVIT of Albert Crum, M.D. in Opposition re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims.. Document filed by The ProImmune Company, LLC(a Delaware limited liability company), Holista Colltech Ltd.(an Australian corporation). Motion or Order to File Under Seal: #42 .(Barnes, Rowennakete)
July 15, 2021 Filing 67 AFFIDAVIT of Stephen G. Chadwick in Opposition re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims.. Document filed by The ProImmune Company, LLC(a Delaware limited liability company)..(Barnes, Rowennakete)
July 15, 2021 Filing 66 AFFIDAVIT of Albert Crum, M.D. in Opposition re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims.. Document filed by The ProImmune Company, LLC(a Delaware limited liability company)..(Barnes, Rowennakete)
July 15, 2021 Filing 65 MEMORANDUM OF LAW in Opposition re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims. . Document filed by The ProImmune Company, LLC(a Delaware limited liability company). (Attachments: #1 Supplement Response to Local Rule 56.1 Statement, #2 Supplement Evidentiary Objections to Declaration of Dr. Rajen Manicka, #3 Supplement Evidentiary Objections to Declaration of Natraj S. Bushhan).(Barnes, Rowennakete)
July 8, 2021 Opinion or Order Filing 64 ORDER granting #63 Letter Motion for Extension of Time. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 7/8/21) (yv)
July 8, 2021 Filing 63 FIRST LETTER MOTION for Extension of Time To File Opposition Papers To Plaintiff's Summary Judgment Motion addressed to Judge Kenneth M. Karas from Natraj Bhushan dated July 7, 2021. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
July 8, 2021 Set/Reset Deadlines as to #48 MOTION for Summary Judgment ., #57 MOTION for Summary Judgment . Responses due by 7/30/2021 (yv)
July 7, 2021 Filing 62 FIRST LETTER addressed to Judge Kenneth M. Karas from Natraj Bhushan dated July 7, 2021 re: Extension of Time To File Opposition Papers. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
June 17, 2021 Filing 61 DECLARATION of Rajen Manicka in Support re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims.. Document filed by Holista Colltech Ltd.(an Australian corporation). (Attachments: #1 Exhibit Redacted 2018 Distribution Agreement, #2 Exhibit Redacted Holista's Answers to Interrogatories, #3 Exhibit Augst 23, 2017 Email From Holista to ProImmune, #4 Exhibit October 2018-October 2019 Complaint from Holista to ProImmune).(Bhushan, Natraj)
June 17, 2021 Filing 60 DECLARATION of Natraj S Bhushan in Support re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims.. Document filed by Holista Colltech Ltd.(an Australian corporation). (Attachments: #1 Affidavit Declaration In Support (ECF Doc. No. 44), #2 Exhibit Second Amended Answer with Counterclaims, #3 Exhibit ProImmune' Answer to Holista's Counterclaims, #4 Exhibit Deposition Transcript of Albert Crum, #5 Exhibit Redacted Invoice Evidencing Sale to Three Aminos, #6 Exhibit Deposition Transcript of Nicholas Nash).(Bhushan, Natraj)
June 17, 2021 Opinion or Order Filing 59 ORDER granting #58 Letter Motion to Seal. Application is granted. So Ordered. (Signed by Judge Kenneth M. Karas on 6/17/21) (yv)
June 16, 2021 Filing 58 FIRST LETTER MOTION to Seal ECF Doc. 44 and 47 addressed to Judge Kenneth M. Karas from Natraj Bhushan dated June 16, 2021. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
June 14, 2021 Filing 57 ***SELECTED PARTIES*** MOTION for Summary Judgment . Document filed by The ProImmune Company, LLC, Holista Colltech Ltd.. Responses due by 7/15/2021 (Attachments: #1 Supplement Separate Statement in Support of Motion for Summary Judgment, #2 Affidavit Declaration of Steven Chadwick, #3 Affidavit Declaration of Albert Crum (1 of 3), #4 Affidavit Declaration of Albert Crum (part 2 of 3), #5 Affidavit Declaration of Albert Crum (part 3 of 3))Motion or Order to File Under Seal: #40 .(Barnes, Rowennakete)
June 14, 2021 Filing 56 RESPONSE in Support of Motion re: #48 MOTION for Summary Judgment . Undisputed Statement of Material Fact in support of motion for summary judgment. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
June 14, 2021 Filing 55 RESPONSE in Support of Motion re: #48 MOTION for Summary Judgment . Request for Judicial Notice. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
June 14, 2021 Filing 54 DECLARATION of Ryan Abbott in Support re: #48 MOTION for Summary Judgment .. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
June 14, 2021 Filing 53 DECLARATION of Stephen Chadwick in Support re: #48 MOTION for Summary Judgment .. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
June 14, 2021 Filing 52 DECLARATION of Albert Crum M.D. (part 3 of 3) in Support re: #48 MOTION for Summary Judgment .. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
June 14, 2021 Filing 51 DECLARATION of Albert Crum M.D. (part 2 of 3) in Support re: #48 MOTION for Summary Judgment .. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
June 14, 2021 Filing 50 DECLARATION of Albert Crum M.D. (part 1 of 3) in Support re: #48 MOTION for Summary Judgment .. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
June 14, 2021 Filing 49 MEMORANDUM OF LAW in Support re: #48 MOTION for Summary Judgment . . Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
June 14, 2021 Filing 48 MOTION for Summary Judgment . Document filed by The ProImmune Company, LLC. Responses due by 7/15/2021.(Barnes, Rowennakete)
June 14, 2021 Filing 47 ***SELECTED PARTIES***DECLARATION of Rajen Manicka in Support re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims.. Document filed by Holista Colltech Ltd.(an Australian corporation), The ProImmune Company, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit Redacted 2018 Distribution Agreement, #2 Exhibit Redacted Answers To ProImmune's Interrogatories, #3 Exhibit Augst 23, 2017 Email From Holista to ProImmune, #4 Exhibit October 2018-October 2019 Complaint from Holista to ProImmune)Motion or Order to File Under Seal: #43 .(Bhushan, Natraj)
June 14, 2021 Filing 46 RULE 56.1 STATEMENT. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
June 14, 2021 Filing 45 FIRST MEMORANDUM OF LAW in Support re: #44 FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims. . Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
June 14, 2021 Filing 44 ***SELECTED PARTIES***FIRST MOTION for Partial Summary Judgment On Holista's First and Second Counterclaims. Document filed by Holista Colltech Ltd.(an Australian corporation), The ProImmune Company, LLC(a Delaware limited liability company). (Attachments: #1 Affidavit Declaration In Support, #2 Exhibit Second Amended Answer with Counterclaims, #3 Exhibit ProImmune' Answer to Holista's Counterclaims, #4 Exhibit Deposition Transcript of Albert Crum, #5 Exhibit Redacted Invoice Evidencing Sale to Three Aminos, #6 Exhibit Deposition Transcript of Nicholas Nash)Motion or Order to File Under Seal: #43 .(Bhushan, Natraj)
June 10, 2021 Opinion or Order Filing 43 ORDER granting #42 Letter Motion to Seal. Prolmmune may be publicly file redacted versions of their summary judgment submissions and may file a non-redacted version of the same under seal. (Signed by Judge Kenneth M. Karas on 6/9/21) (yv)
June 8, 2021 Filing 42 LETTER MOTION to Seal Premotion Conference Request and Letter Motion to File MSJ Exhibits Under Seal addressed to Judge Kenneth M. Karas from Ryan Abbott dated 6/8/2021. Document filed by The ProImmune Company, LLC. (Attachments: #1 Exhibit Proposed Redacted Evidence to File Under Seal).(Barnes, Rowennakete)
June 4, 2021 Opinion or Order Filing 41 MEMO ENDORSEMENT on re: #40 Letter re: Extension of Summary Judgment Filing Deadlines filed by The ProImmune Company, LLC. ENDORSEMENT:Granted. SO ORDERED., Motions due by 6/14/2021., Responses due by 7/15/2021, Replies due by 8/6/2021. (Signed by Judge Kenneth M. Karas on 6/4/2021) (rj)
June 4, 2021 Filing 40 LETTER addressed to Judge Kenneth M. Karas from Ryan Abbott dated 6/4/2021 re: Extension of Summary Judgment Filing Deadlines. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
May 24, 2021 Opinion or Order Filing 39 ORDER granting #38 Letter Motion for Extension of Time to File. Granted. (Signed by Judge Kenneth M. Karas on 5/24/2021) (cf)
May 24, 2021 Set/Reset Deadlines: Motions due by 6/7/2021. Responses due by 7/8/2021 Replies due by 7/31/2021. (cf)
May 23, 2021 Filing 38 FIRST LETTER MOTION for Extension of Time to File Summary Judgment Motions addressed to Judge Kenneth M. Karas from Natraj Bhushan dated May 23, 2021. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
April 30, 2021 Opinion or Order Filing 37 ORDER granting #36 Letter Motion for Conference re: #36 LETTER MOTION for Conference /Request to Enter Briefing Schedule for MSJ addressed to Judge Kenneth M. Karas from Ryan Abbott dated 4/29/2021. The proposed summary judgment briefing schedule is approved. So Ordered. (Signed by Judge Kenneth M. Karas on 4/29/21) (yv)
April 30, 2021 Set/Reset Deadlines: Motions due by 5/31/2021. Responses due by 6/30/2021. Replies due by 7/15/2021. (yv)
April 29, 2021 Filing 36 LETTER MOTION for Conference /Request to Enter Briefing Schedule for MSJ addressed to Judge Kenneth M. Karas from Ryan Abbott dated 4/29/2021. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
February 5, 2021 Opinion or Order Filing 35 MEMO ENDORSEMENT on re: #34 Reply to Response to Motion, filed by Holista Colltech Ltd. ENDORSEMENT: This revised discovery schedule is approved, but there will be no more extensions. The next conference will be 5/12/21 at 11:30AM. SO ORDERED. (Expert Discovery due by 4/15/2021., Fact Discovery due by 3/15/2021., Status Conference set for 5/12/2021 at 11:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 2/4/2021) (jca)
February 1, 2021 Filing 34 LETTER REPLY to Response to Motion addressed to Judge Kenneth M. Karas from Natraj Bhushan dated February 1, 2021 re: #30 FIRST LETTER MOTION for Extension of Time to Complete Discovery (Fact and Expert) addressed to Judge Kenneth M. Karas from Natraj Bhushan dated January 28, 2021. . Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
January 29, 2021 Opinion or Order Filing 33 MEMO ENDORSEMENT on re: #32 Response to Motion, filed by The ProImmune Company, LLC. ENDORSEMENT: Holista is to reply by 2/1/21. SO ORDERED. (Replies due by 2/1/2021.) (Signed by Judge Kenneth M. Karas on 1/29/2021) (jca)
January 29, 2021 Filing 32 LETTER RESPONSE to Motion addressed to Judge Kenneth M. Karas from Ryan Abbott dated 1/29/2021 re: #30 FIRST LETTER MOTION for Extension of Time to Complete Discovery (Fact and Expert) addressed to Judge Kenneth M. Karas from Natraj Bhushan dated January 28, 2021. . Document filed by The ProImmune Company, LLC(a Delaware limited liability company)..(Barnes, Rowennakete)
January 29, 2021 Opinion or Order Filing 31 ORDER with respect to #30 FIRST LETTER MOTION for Extension of Time to Complete Discovery (Fact and Expert). Plaintiff is to respond to this letter by 2/2/21. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/29/2021) (jca)
January 29, 2021 Set/Reset Deadlines: Responses due by 2/2/2021 (jca)
January 28, 2021 Filing 30 FIRST LETTER MOTION for Extension of Time to Complete Discovery (Fact and Expert) addressed to Judge Kenneth M. Karas from Natraj Bhushan dated January 28, 2021. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
November 17, 2020 Opinion or Order Filing 29 ORDER granting #28 Letter Motion for Extension of Time to Complete Discovery.The revised discovery schedule is approved. The next conference will be 4/9/21 at 11:30 am. So Ordered. Deposition due by 12/15/2020. (Signed by Judge Kenneth M. Karas on 11/17/2020) (jca)
November 17, 2020 Set/Reset Deadlines: (Expert Discovery due by 3/15/2021., Fact Discovery due by 1/31/2021.), Set/Reset Hearings: (Case Management Conference set for 4/9/2021 at 11:30 AM before Judge Kenneth M. Karas.) (jca)
November 13, 2020 Filing 28 FIRST LETTER MOTION for Extension of Time to Complete Discovery On Consent addressed to Judge Kenneth M. Karas from Natraj Bhushan dated 11/13/2020. Document filed by Holista Colltech Ltd.(an Australian corporation). (Attachments: #1 Text of Proposed Order Revised Case Management Order).(Bhushan, Natraj)
November 4, 2020 Filing 27 ANSWER to #26 Counterclaim. Document filed by The ProImmune Company, LLC(a Delaware limited liability company)..(Barnes, Rowennakete)
October 14, 2020 Filing 26 AMENDED ANSWER to #6 Complaint., COUNTERCLAIM against The ProImmune Company, LLC. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
October 1, 2020 Opinion or Order Filing 25 MEMO ENDORSEMENT on re: #22 Letter, filed by Holista Colltech Ltd. ENDORSEMENT: Holista must amend its pleading by 10/15/2020. SO ORDERED. (Amended Pleadings due by 10/15/2020.), Motions terminated: #21 LETTER MOTION for Conference re: #20 Answer to Counterclaim, Regarding Counterclaim Defendant's proposed motion to dismiss First Amended Counterclaims addressed to Judge Kenneth M. Karas from Ryan Abbott dated 8/21/2020. filed by The ProImmune Company, LLC. (Signed by Judge Kenneth M. Karas on 10/1/2020) (jca)
September 9, 2020 Opinion or Order Filing 24 STIPULATED AND PROPOSED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/8/2020) (jca)
September 8, 2020 Filing 23 PROPOSED PROTECTIVE ORDER. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
August 28, 2020 Filing 22 FIRST LETTER addressed to Judge Kenneth M. Karas from Natraj Bhushan dated August 28, 2020 re: Response to Plaintiff's Letter Motion Seeking Pre-Motion Conference on Dismissal of Counterclaims. Document filed by Holista Colltech Ltd.(an Australian corporation)..(Bhushan, Natraj)
August 21, 2020 Filing 21 LETTER MOTION for Conference re: #20 Answer to Counterclaim, Regarding Counterclaim Defendant's proposed motion to dismiss First Amended Counterclaims addressed to Judge Kenneth M. Karas from Ryan Abbott dated 8/21/2020. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
August 13, 2020 Filing 20 ANSWER to #14 Counterclaim., COUNTERCLAIM against The ProImmune Company, LLC. Document filed by Holista Colltech Ltd...(Bhushan, Natraj)
August 6, 2020 Opinion or Order Filing 19 ORDER granting #18 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/06/2020) (ama)
August 6, 2020 Filing 18 FIRST LETTER MOTION for Extension of Time to File addressed to Judge Kenneth M. Karas from Natraj Bhushan dated August 6, 2020. Document filed by Holista Colltech Ltd...(Bhushan, Natraj)
July 30, 2020 Filing 17 FIRST LETTER MOTION for Conference re: #14 Answer to Complaint, Counterclaim Regarding Counterclaim Defendant's proposed motion to dismiss addressed to Judge Kenneth M. Karas from Ryan Abbott dated 7/30/2020. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
July 15, 2020 Opinion or Order Filing 16 CASE MANAGEMENT AND SCHEDULING ORDER: This case is to be tried to a jury. No additional parties may be joined except with leave of the Court. Amended pleadings may not be filed except with leave of the Court, or in accordance with Fed.R.Civ.P. 15(a), to the extent that right remains for any party. Motions: All motions and applications shall be governed by the Court's Individual Practices, including pre-motion conference requirements. Summary Judgment or other dispositive motions are due at the close of discovery. Pursuant to the undersigned's Individual Practices, the parties shall request a pre-motion conference in writing at least two (2) weeks prior to this deadline. All counsel must meet for at least one hour to discuss settlement not later than two weeks following the close of fact discovery. Parties have conferred and their present best estimate of the length of trial is 3-4 days. Deposition due by 2/1/2021. Fact Discovery due by 12/4/2020. Case Management Conference set for 1/13/2021 at 11:00 AM before Judge Kenneth M. Karas. (And as further set forth herein.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/15/2020) (jca)
July 14, 2020 Filing 15 PROPOSED CASE MANAGEMENT PLAN. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
July 9, 2020 Filing 14 ANSWER to #6 Complaint., COUNTERCLAIM against Holista Colltech Ltd.. Document filed by Holista Colltech Ltd...(Bhushan, Natraj)
July 9, 2020 Filing 13 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Holista Colltech Ltd...(Bhushan, Natraj)
July 2, 2020 Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 7/2/2020. Rowennakete Paul Barnes appeared for Plaintiff The ProImmune Company, LLC. Natraj Bhushan appeared for Defendant Holista Colltech Ltd ("Holista"). No court reporter served. Counsel for Holista stated that Holista no longer intended to file a motion to dismiss. Therefore, Holista's answer to the Complaint is due July 9, 2020. The Parties are directed to file a joint proposed discovery schedule by July 16, 2020. The Court will provide a future status conference date after reviewing the proposed discovery schedule. (GC)
June 26, 2020 Opinion or Order Filing 12 NOTICE OF TELECONFERENCE INFORMATION: For the week of June 29, 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 6/26/2020) (jca)
June 26, 2020 Set/Reset Hearings: Telephone Conference set for 7/2/2020 at 10:30 AM before Judge Kenneth M. Karas. (jca)
June 23, 2020 Opinion or Order Filing 11 ORDER granting #9 FIRST LETTER MOTION for Conference Regarding Defendant's Potential Rule 12 Motion. Granted. The Court will hold a pre-motion conf. on July 2, 2020 at 10:30 am. SO ORDERED. Pre-Motion Conference set for 7/2/2020 at 10:30 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 6/23/2020) (jca)
June 17, 2020 Filing 10 LETTER RESPONSE in Opposition to Motion addressed to Judge Kenneth M. Karas from Ryan Abbott dated 6/17/2020 re: #9 FIRST LETTER MOTION for Conference Regarding Defendant's Potential Rule 12 Motion addressed to Judge Kenneth M. Karas from Natraj Bhushan dated June 11, 2020. . Document filed by The ProImmune Company, LLC. (Attachments: #1 Exhibit A).(Barnes, Rowennakete)
June 11, 2020 Filing 9 FIRST LETTER MOTION for Conference Regarding Defendant's Potential Rule 12 Motion addressed to Judge Kenneth M. Karas from Natraj Bhushan dated June 11, 2020. Document filed by Holista Colltech Ltd...(Bhushan, Natraj)
June 11, 2020 Filing 8 NOTICE OF APPEARANCE by Natraj Bhushan on behalf of Holista Colltech Ltd...(Bhushan, Natraj)
March 17, 2020 Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Holista Colltech Ltd. waiver sent on 3/13/2020, answer due 6/11/2020. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
February 13, 2020 Filing 6 COMPLAINT against Does 1-50, Holista Colltech Ltd.. Document filed by The ProImmune Company, LLC..(Abbott, Ryan)
February 13, 2020 Filing 5 ELECTRONIC SUMMONS ISSUED as to Holista Colltech Ltd...(pc)
February 13, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rowennakete Paul Barnes to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
February 13, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rowennakete Paul Barnes. The party information for the following party/parties has been modified: The ProImmune Company, LLC, Does 1-50, Holista Colltech Ltd. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
February 13, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rowennakete Paul Barnes. The following case opening statistical information was erroneously selected/entered: Dollar Demand $2,063,909,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $2,000,000; the Fee Status code has been modified to pd (paid);. (pc)
February 13, 2020 Case Designated ECF. (pc)
February 13, 2020 Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
February 13, 2020 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 #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
February 12, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Holista Colltech Ltd., re: #1 Complaint. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
February 12, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate The ProImmune, Reseach Institute, LLC, Other Affiliate ProImmune Global, Inc., Other Affiliate The ProImmune Sports Co., Inc., Other Affiliate The Oxidative Stress Monitor Kit, Inc., Other Affiliate Zika Immunology World-Wide, Inc., Other Affiliate Human RSV Immunology World-Wide, Inc., Other Affiliate Immune Protection World-Wide Video Games, Inc. for The ProImmune Company, LLC. Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete)
February 12, 2020 Filing 2 CIVIL COVER SHEET filed..(Barnes, Rowennakete)
February 12, 2020 Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Does 1-50, Holista Colltech Ltd.. (Filing Fee $ 400.00, Receipt Number ANYSDC-18779967)Document filed by The ProImmune Company, LLC..(Barnes, Rowennakete) Modified on 2/13/2020 (pc).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: The ProImmune Company, LLC v. Holista Colltech Ltd. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Does 1-50
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Holista Colltech Ltd.
Represented By: Natraj Bhushan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: The ProImmune Company, LLC
Represented By: Rowennakete Paul Barnes
Represented By: Ryan Benjamin Abbott
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?