Sandoz Inc. v. Medwiz Solutions, LLC et al
| Sandoz Inc. |
| Unknown Members of Medwiz Solutions, LLC, Medwiz Solutions, LLC, Batya Gorelick and Blanche Reiss |
| Unknown Members of Medwiz Solutions, LLC 1-10 and FedEx Supply Chain, Inc. |
| McKesson Corporation |
| 7:2020cv06943 |
| August 27, 2020 |
| US District Court for the Southern District of New York |
| Andrew E Krause |
| Nelson Stephen Roman |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 11, 2023. A more recent docket listing may be available from PACER.
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Filing 111
SCHEDULING ORDER: This matter is hereby scheduled for a video settlement conference before Magistrate Judge Andrew E. Krause on Wednesday, March 15, 2023, at 9:30 a.m. On or before Monday, March 13, 2023, Plaintiff and the Medwiz Defendants must each submit a confidential, ex parte letter not to exceed five (5) pages in length. The letter must summarize (i) the history of settlement negotiations; (ii) the issues in the case; (iii) the party's settlement valuation of the case and the rationale(s) for it; and (iv) any other facts that would be helpful to the Court in preparation for the conference. Between the date of this order and the date of the conference, Plaintiff must make at least one concrete settlement demand, and The Medwiz Defendants must make at least one concrete settlement offer. These figures must be reported in the pre-conference letters. Submissions should be emailed to KrauseNYSDChambers@nysd.uscourts.gov.Parties - not just the attorneys - must attend the settlement conference. Corporate parties must send a representative with decision-making authority to settle the matter. Where liability insurance is involved, a decision-making representative of the carrier must attend unless specifically excused by the Court. This conference will be conducted by video, using Microsoft Teams. A link and instructions will be provided to the parties by email prior to the conference. Should anyone experience any technical issues with the videoconferencing system, please contact Chambers at (914) 390-4070. SO ORDERED. Settlement Conference set for 3/15/2023 at 09:30 AM before Magistrate Judge Andrew E. Krause. (Signed by Magistrate Judge Andrew E. Krause on 2/2/2023) (tg)
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Filing 110
ORDER with respect to #108 Letter Motion for Leave to File Document. The Medwiz Defendants are hereby directed to file their response to the letter motion by no later than February 6, 2023. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (kj)
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Filing 109
DECLARATION of Linda Wong in Support re: #108 SECOND LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 02/01/2023.. Document filed by Sandoz Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit C1, #5 Exhibit Exhibit C2).(Wong, Linda)
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Filing 108
SECOND LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 02/01/2023. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 107
LETTER addressed to Magistrate Judge Andrew E. Krause from All Parties dated 1/31/23 re: Settlement conference. Document filed by FedEx Supply Chain, Inc., Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 1/19/2023. Linda Wong appeared by telephone on behalf of the plaintiff. Steven Bennet appeared on behalf of defendant Medwiz Solutions. Ronald De La Fuente appeared by telephone on behalf of defendant FedEx Supply Chain. If the parties would like to schedule a settlement conference, then they must file a letter to let the Court know by no later than 1/31/2023. Adjourned to 4/19/2023 at 9:30 am. Parties are directed to call the same teleconference number as the 1/19/23 conference. (Court Reporter AT&T) (sbr)
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Filing 106
DECISION AND ORDER denying #63 Motion to Amend/Correct #63 MOTION to Amend/Correct #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. . For the foregoing reasons, it would be futile to allow Sandoz to amend its complaint to add Newhouse as a defendant, because none of the proposed claims against Newhouse would survive a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Accordingly, Sandoz's motion for leave to amend the complaint (ECF No. 63) is DENIED. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 1/18/2023) (tg)
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Filing 105
LETTER addressed to Magistrate Judge Andrew E. Krause from All Parties dated 1.13.23 re: Joint Status Letter. Document filed by FedEx Supply Chain, Inc., Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Filing 104
ORDER re: Status Conference, Due to a scheduling conflict, the status conference previously scheduled for 1/19/23 at 9:15 am is hereby scheduled for 1/19/23 at 1:15 pm. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause) (Text Only Order) (sbr) Modified on 1/3/2023 (sbr).
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Filing 103
TRANSCRIPT of Proceedings re: Discovery Conference held on 10/18/2022 before Magistrate Judge Andrew E. Krause. Court Reporter/Transcriber: Tabitha Dente, (914) 390-4027. 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 12/19/2022. Redacted Transcript Deadline set for 12/29/2022. Release of Transcript Restriction set for 2/26/2023..(Dente, Tabitha)
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Filing 102
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Conference proceeding held on 10/18/2022 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....(Dente, Tabitha)
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Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 11/22/2022. Linda Wong appeared on behalf of the plaintiff. A. J. Barbarito appeared on behalf of the defendant Medwiz Solutions, LLC. Ronald De La Fuente appeared on behalf of third-party defendant Fed Ex. By 1/13/2023, the parties are to file a joint letter, updating the Court with respect to the status of discovery, as well as the situations involving Inmar and McKesson. Adjourned to 1/19/23 at 9:15 am by telephone using the teleconference number 877-336-1831; access code 2751700. (Court Reporter Courtflow) (sbr)
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Filing 101
LETTER addressed to Magistrate Judge Andrew E. Krause from A.J. Barbarito dated 11/18/2022 re: Response to Plaintiff's Discovery Letter. Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Filing 100
LETTER addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 11/15/2022 re: Affirmative Discovery Disputes. Document filed by Sandoz Inc.. (Attachments: #1 Exhibit A Ltr to Opposing Counsel, #2 Exhibit B Email Exchange, #3 Exhibit C Pl's Second RPDs, #4 Exhibit D Def's Objections and Responses to Pl's 30(b)(6) Notice, #5 Exhibit E Ltr to Opposing Counsel re Short-Dated Products).(Wong, Linda)
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Filing 99
LETTER addressed to Magistrate Judge Andrew E. Krause from A.J. Barbarito dated 11/11/2022 re: Inmar Discovery. Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Filing 98
LETTER addressed to Magistrate Judge Andrew E. Krause from A.J. Barbarito dated 11/4/2022 re: Inmar Discovery. Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Filing 97
REPLY MEMORANDUM OF LAW in Support re: #63 MOTION to Amend/Correct #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. . . Document filed by Sandoz Inc...(Wong, Linda)
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Filing 96
ORDER terminating #93 Motion to Amend/Correct #93 MOTION to Amend/Correct Certification of Service. This Certification of Service is filed in connection with Third-Party Deft FedEx's Motion to Amend/Correct Notice of Motion to Dismiss (ECF No. 90) and is not a stand alone motion. The Clerk of Court is directed to terminate this motion at ECF No. 93. (Signed by Judge Nelson Stephen Roman on 10/24/2022) (ate)
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Filing 95
ORDER terminating #92 Motion to Amend/Correct #92 MOTION to Amend/Correct Affidavit in Support of Motion to Dismiss with Exhibits. This Affirmation is filed in support of Third-Party Deft FedEx's Motion to Amend/Correct Notice of Motion to Dismiss (ECF No. 90) and is not a stand alone motion. The Clerk of Court is directed to terminate this motion at ECF No. 92. (Signed by Judge Nelson Stephen Roman on 10/24/2022) (ate)
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Filing 94
ORDER terminating #91 Motion to Amend/Correct #91 MOTION to Amend/Correct Supplemental Brief in Support of Motion to Dismiss. This Brief is filed in support of Third-Party Deft FedEx's Motion to Amend/Correct Notice of Motion to Dismiss (ECF No. 90) and is not a stand alone motion. The Clerk of Court is directed to terminate this motion at ECF No. 91. (Signed by Judge Nelson Stephen Roman on 10/24/2022) (ate)
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Filing 93
MOTION to Amend/Correct Certification of Service. Document filed by FedEx Supply Chain, Inc...(De La Fuente, Ronald James)
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Filing 92
MOTION to Amend/Correct Affidavit in Support of Motion to Dismiss with Exhibits. Document filed by FedEx Supply Chain, Inc.. (Attachments: #1 Exhibit A to Affirmation in Support of Motion to Dismiss, #2 Exhibit B to Affirmation in Support of Motion to Dismiss, #3 Exhibit C to Affirmation in Support of Motion to Dismiss, #4 Exhibit D to Affirmation in Support of Motion to Dismiss, #5 Exhibit E to Affirmation in Support of Motion to Dismiss, #6 Exhibit F to Affirmation in Support of Motion to Dismiss, #7 Exhibit G to Affirmation in Support of Motion to Dismiss).(De La Fuente, Ronald James)
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Filing 91
MOTION to Amend/Correct Supplemental Brief in Support of Motion to Dismiss. Document filed by FedEx Supply Chain, Inc...(De La Fuente, Ronald James)
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Filing 90
MOTION to Amend/Correct Notice of Motion to Dismiss. Document filed by FedEx Supply Chain, Inc...(De La Fuente, Ronald James)
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Filing 89
ORDER terminating #77 Letter Motion for Discovery. The matters addressed in this letter motion were addressed on the record at the October 18, 2022 status conference. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (Krause, Andrew)
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Filing 88
ORDER terminating #76 Letter Motion for Discovery. The matters addressed in this letter motion were addressed on the record at the October 18, 2022 status conference. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (Krause, Andrew)
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Filing 87
ORDER terminating #74 Letter Motion to Compel. The matters addressed in this letter motion were addressed on the record at the October 18, 2022 status conference. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (Krause, Andrew)
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Filing 86
MEMORANDUM OF LAW in Opposition re: #62 MOTION to Amend/Correct #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. ., #63 MOTION to Amend/Correct #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. . . Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ronald James Rodriguez De La Fuente to RE-FILE Document #67 MOTION to Dismiss .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 10/18/2022. Linda Wong appeared on behalf of the plaintiff. Ronald De La Fuente appeared on behalf of Fed Ex. A.J. Barbarito appeared on behalf of Medwiz. Kirti Reddy and Daniel Roberts appeared on behalf of McKesson Corp. Darcy Jalandoni and Diana Gia appeared on behalf of Cardinal Health. By 10/27/2022, Plaintiff is to provide updated responses and objections to Defendants discovery demands. By 11/4/2022, Defendants are to file a letter, no longer than 3 pages single-spaced, updating the Court regarding how they wish to proceed with respect to Inmar Intelligence. By 11/15/2022, the parties are to file letters, no longer than 4 pages single-spaced, regarding any affirmative discovery disputes; responsive letters, also no longer than 4 pages single-spaced, are to be filed by 11/18/2022. The next conference is scheduled for 11/22/2022 at 10:00 a.m. (Court Reporter Courtflow) (sbr)
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Filing 85
ORDER denying without prejudice to renewal by formal motion #58 Letter Motion for Leave to File Document. This motion is administratively terminated, as Plaintiff has refiled its motion for leave to amend by formal motion (ECF No. 63). (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (Krause, Andrew)
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Filing 84
ORDER granting #83 Letter Motion for Conference re: #83 LETTER MOTION for Conference Request for Telephonic Appearance addressed to Magistrate Judge Andrew E. Krause from Kirti Reddy dated October 14, 2022. Mr. Roberts may appear by telephone at the October 18, 2022 conference. To access the teleconference, please follow these directions: (1) dial the meeting number: (877) 336-1831; (2) enter the access code: 2751700; and (3) press pound (#) to enter the teleconference as a guest. Should counsel experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4070. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (kj)
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Filing 83
LETTER MOTION for Conference Request for Telephonic Appearance addressed to Magistrate Judge Andrew E. Krause from Kirti Reddy dated October 14, 2022. Document filed by McKesson Corporation. Return Date set for 10/18/2022 at 10:00 AM..(Reddy, Kirti)
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Filing 82
LETTER addressed to Magistrate Judge Andrew E. Krause from Kirti Reddy dated October 14, 2022 re: Response to the Pre-Motion Letter to Enforce Subpoena - Dkt. 75. Document filed by McKesson Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7).(Reddy, Kirti)
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Filing 81
ENDORSED LETTER addressed to Magistrate Judge Andrew E. Krause from Darcy Jalandoni dated 10/14/2022 re: Cardinal Health has complied with Sandozs Subpoena and proposed resolutions to Sandoz of the limited matters raised in the Pre-Motion Letter. Cardinal Health respectfully requests the Court deny Sandozs Pre-Motion Letter, which is now moot, and instruct Sandoz to conduct disputes related to the Subpoena through the proper venue under Fed.R.Civ.P. 45(c), which is the United States District Court for the Southern District of Ohio. ENDORSEMENT: In light of the arguments offered in this submission, counsel for Cardinal Health is authorized to appear by telephone at the October 18, 2022 hearing, even though counsel has not been admitted pro hac vice in this District. Should Cardinal Health's involvement in this matter require subsequent appearances, an attorney admitted to practice in this District (pro hac vice or otherwise) will have to appear on behalf of Cardinal Health. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 10/14/2022) (tg)
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Filing 80
LETTER RESPONSE to Motion addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 10/14/2022 re: #76 LETTER MOTION for Discovery addressed to Magistrate Judge Andrew E. Krause from Adino Barbarito dated 10/11/2022. . Document filed by Sandoz Inc...(Wong, Linda)
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Filing 79
LETTER RESPONSE to Motion addressed to Magistrate Judge Andrew E. Krause from Adino Barbarito dated 10/14/2022 re: #74 LETTER MOTION to Compel Defendants/Third Party Plaintiffs Medwiz Solutions, LLC, Blanche Reiss and Batya Gorelick to Produce Adequate Response to Discovery addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 10/11/2 . Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss. (Attachments: #1 Exhibit Medwiz Responses to Deficiency letter re RFPs, #2 Exhibit Medwiz Responses to Deficiency letter Rogs and RFAs, #3 Exhibit Reiss Responses to Deficiency letter, #4 Exhibit Gorelick Responses to Deficiency Letter).(Barbarito, Adino)
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Filing 78
ORDER denying without prejudice #75 Letter Motion for Leave to File Document. Counsel for Plaintiff may not file a letter motion at this time, but may be authorized to file such a motion after further discussion with the Court. Counsel for McKesson is directed to respond to this letter by no later than October 14, 2022. This matter will be addressed at the in-person status conference on October 18, 2022. Counsel for McKesson is directed to attend that conference and be prepared to address this topic. All parties should understand that after hearing from counsel, the Court may rule on these issues from the bench on October 18 without receiving further, more formal briefing. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (kj)
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Filing 77
LETTER MOTION for Discovery addressed to Magistrate Judge Andrew E. Krause from Adino Barbarito dated 10/11/2022. Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss. (Attachments: #1 Exhibit Deficiency Letter, #2 Exhibit RFPs, #3 Exhibit Rogs, #4 Exhibit RFAs).(Barbarito, Adino)
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Filing 76
LETTER MOTION for Discovery addressed to Magistrate Judge Andrew E. Krause from Adino Barbarito dated 10/11/2022. Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss. (Attachments: #1 Exhibit Deficiency Letter RFPs, #2 Exhibit Deficiency Letter RFAs, #3 Exhibit Plaintiff's Response to Deficiency letter, #4 Exhibit Defendant's RFPs).(Barbarito, Adino)
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Filing 75
LETTER MOTION for Leave to File Enforce Subpoena addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 10/11/2022. Document filed by Sandoz Inc.. (Attachments: #1 Supplement Attachment to PreMotion Letter).(Wong, Linda)
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Filing 74
LETTER MOTION to Compel Defendants/Third Party Plaintiffs Medwiz Solutions, LLC, Blanche Reiss and Batya Gorelick to Produce Adequate Response to Discovery addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 10/11/2022. Document filed by Sandoz Inc.. (Attachments: #1 Supplement Attachment to PreMotion Letter).(Wong, Linda)
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Filing 73
JOINT STIPULATION TO MODIFY CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties, through their undersigned counsel, that the deadlines set forth in the February 22, 2022 Civil Case Discovery Plan and Scheduling Order be extended by an additional ninety (90) days to provide the Parties with additional time to complete fact depositions, document production, additional interrogatories, including expert interrogatories, requests to admit, expert reports, rebuttal expert reports, and expert depositions. The Parties acknowledge that the additional ninety (90) days requested to complete the above is not to cause any undue delay to this action, but solely based upon the fact additional time is needed to complete these discovery items and actions, based upon the complexity of issues and extensive documentation in this case. The Parties further acknowledge, stipulate and agree that nothing in this stipulation shall be construed to otherwise modify the Court's February 22, 2022 Civil Case Discovery Plan and Scheduling Order except as herein expressly stipulated within the attached Proposed Amended Civil Case Discovery Plan and Scheduling Order. The Parties are not waiving any objections to potential future attempts to further modify the Court's original February 22, 2022 Civil Case Discovery Plan and Scheduling Order. The discovery schedule in the February 22, 2022 Civil Case Discovery Plan andScheduling Order is hereby amended as follows:1. Non-expert depositions shall be completed by March 2, 2023.a. Unless counsel agree otherwise or the Court so orders, depositions shall not be held until all parties have responded to any first requests for productionof documents.b. Depositions shall proceed concurrently.c. Whenever possible, unless counsel agree otherwise or the Court so orders, non-party depositions shall follow party depositions.2. Any further interrogatories, including expert interrogatories, shall be served no later than February 6, 2023.3. Expert reports shall be served no later than April 6, 2023.4. Rebuttal expert reports shall be served no later than May 3, 2023.5. Expert depositions shall be completed by June 12, 2023.6. ALL DISCOVERY SHALL BE COMPLETED BY July 14, 2023.7. This Civil Case Discovery Plan and Scheduling Order may not be changed withoutleave of Court (or the assigned Magistrate Judge acting under a specific order of reference).The parties' proposed revised schedule is hereby ADOPTED, with the exception of paragraph 8, which proposed a change to the date of the post-discovery conference with Judge Roman. That portion of the proposed order has been removed. The parties will have to separately write to Judge Roman to seek an adjournment of the May 5, 2023 conference; that conference will remain on the calendar until the parties seek and receive such an adjournment. SO ORDERED. (Expert Deposition due by 6/12/2023., Discovery due by 7/14/2023.) (Signed by Magistrate Judge Andrew E. Krause on 10/7/2022) (tg)
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Filing 72
ORDER denying without prejudice #71 Letter Motion for Leave to File Document. Counsel for Plaintiff may not file a letter motion at this time, but may be authorized to file such a motion after further discussion with the Court. Counsel for Cardinal Health is directed to respond to this letter by no later than October 14, 2022. This matter will be addressed at the in-person status conference on October 18, 2022. Counsel for Cardinal Health is directed to attend that conference and be prepared to address this topic. All parties should understand that after hearing from counsel, the Court may rule on these issues from the bench on October 18 without receiving further, more formal briefing. The Court recognizes that this timetable may make it impossible to proceed with the deposition noticed for October 13. Had it been critical to proceed with the deposition on that date, this issue -- which pertains to a subpoena served in February 2022 -- should have been raised far earlier. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (Krause, Andrew)
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Filing 71
LETTER MOTION for Leave to File Motion to Enforce Subpoena addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 10/07/2022. Document filed by Sandoz Inc.. (Attachments: #1 Supplement Subpoena to Produce Documents).(Wong, Linda)
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Filing 70
PROPOSED STIPULATION AND ORDER. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 69
REPLY MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss . . Document filed by FedEx Supply Chain, Inc.. (Attachments: #1 Exhibit A to Brief in Reply to Defendants/Third-Party Plaintiffs Brief in Opposition and in Further Support of Third Party Defendants Motion to Dismiss under Fed. R. Civ. Pro. 12(B)(6), #2 Exhibit B to Brief in Reply to Defendants/Third-Party Plaintiffs Brief in Opposition and in Further Support of Third Party Defendants Motion to Dismiss under Fed. R. Civ. Pro. 12(B)(6), #3 Affidavit Certification of Service).(De La Fuente, Ronald James)
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Filing 68
MEMORANDUM OF LAW in Opposition re: #67 MOTION to Dismiss . . Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Filing 67
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by FedEx Supply Chain, Inc.. (Attachments: #1 Supplement Brief in Support of Motion to Dismiss, #2 Affidavit in Support of Motion to Dismiss, #3 Exhibit A to Affirmation in Support of Motion to Dismiss, #4 Exhibit B to Affirmation in Support of Motion to Dismiss, #5 Exhibit C to Affirmation in Support of Motion to Dismiss, #6 Exhibit D to Affirmation in Support of Motion to Dismiss, #7 Exhibit E to Affirmation in Support of Motion to Dismiss, #8 Exhibit F to Affirmation in Support of Motion to Dismiss, #9 Exhibit G to Affirmation in Support of Motion to Dismiss, #10 Affidavit Certification of Service).(De La Fuente, Ronald James) Modified on 10/18/2022 (db).
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Filing 66
DECLARATION of Linda Wong in Support re: #63 MOTION to Amend/Correct #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. .. Document filed by Sandoz Inc.. (Attachments: #1 Exhibit A 2015 and 2017 Customer Credit Applications, #2 Exhibit B Cover Letter and Signature Page from Def's Response to Interrogatories, #3 Exhibit C Notice of Deposition).(Wong, Linda)
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Filing 65
DECLARATION of Leon Elcock in Support re: #63 MOTION to Amend/Correct #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. .. Document filed by Sandoz Inc.. (Attachments: #1 Exhibit A Correspondence dated April 2, 2015, #2 Exhibit B Communication dated March 18, 2015, #3 Exhibit C Communication dated April 2, 2015, #4 Exhibit D Communication dated June 27, 2017, #5 Exhibit E Sandoz's Return Policy).(Wong, Linda)
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Filing 64
MEMORANDUM OF LAW in Support re: #63 MOTION to Amend/Correct #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. . . Document filed by Sandoz Inc...(Wong, Linda)
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Filing 63
MOTION to Amend/Correct #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. . Document filed by Sandoz Inc.. Return Date set for 10/19/2022 at 11:59 PM. (Attachments: #1 Text of Proposed Order Proposed Order Granting Plaintiff's Motion to Amend Complaint).(Wong, Linda)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Linda Wong to RE-FILE Document #62 MOTION to Amend/Correct #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. .. 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 and Memorandum of Law 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)
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Filing 62
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Amend/Correct #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. . Document filed by Sandoz Inc.. Return Date set for 10/19/2022 at 11:59 PM. (Attachments: #1 Supplement Plaintiff's Memo ISO Motion for Leave to File Amended Complaint, #2 Supplement Declaration of Leon Elcock, #3 Supplement Declaration of Linda Wong, #4 Text of Proposed Order Proposed Order Granting Plaintiff's Motion for Leave to File Amended Complaint).(Wong, Linda) Modified on 9/29/2022 (kj).
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Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 9/7/2022. Linda Wong appeared by telephone on behalf of the plaintiff. Adino Barbarito, Steven Bennet and Lori Beatus appeared by telephone on behalf of the defendants. By 9/14/2022, Plaintiff is to complete its production in response to Defendants outstanding discovery demands, and Defendants are to serve their supplemental responses to Plaintiffs outstanding discovery demands. By 9/19/2022, Third-Party Defendant is to serve its responses to Third-Party Plaintiffs discovery demands. The briefing schedule for Plaintiffs motion to amend is as follows: moving brief (no longer than 15 pages) to be served and filed by 9/28/2022; opposition brief (non longer than 15 pages) to be served and filed by 10/19/2022; and reply brief (no longer than 10 pages) to be served and filed by 10/28/2022. Letters raising affirmative discovery disputes to be filed by 10/11/2022; responsive letters to be filed by 10/14/2022. Adjourned to 10/18/2022 at 10:00 a.m., in person in Courtroom 250 at the White Plains federal courthouse if there are any discovery disputes; by telephone, using the same teleconference line as the 9/7/2022 conference, if there are not. (Court Reporter AT&T) (sbr)
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Filing 61
LETTER RESPONSE to Motion addressed to Magistrate Judge Andrew E. Krause from Ronald James R. De La Fuente, Esq. (FEDEX'S RESPONSE TO PLAINTIFF'S LETTER-MOTION) dated August 26, 2022 re: #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. . Document filed by FedEx Supply Chain, Inc...(De La Fuente, Ronald James)
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Filing 60
LETTER RESPONSE to Motion addressed to Magistrate Judge Andrew E. Krause from A.J. Barbarito dated August 26, 2022 re: #58 LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. . Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Filing 59
ORDER: Defendants and Third-Party Defendant must respond to Plaintiff's letter motion (ECF No. 58) by August 26, 2022. The response letters must be limited to three pages. Plaintiff's request for leave to file an amended complaint will be discussed at the conference scheduled for September 7, 2022. The Court will determine whether additional briefing is necessary after hearing from the parties at the conference. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause) (Text Only Order) (Krause, Andrew)
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Filing 58
LETTER MOTION for Leave to File Amended Complaint addressed to Magistrate Judge Andrew E. Krause from Linda Wong, Esq. dated 08/18/2022. Document filed by Sandoz Inc.. (Attachments: #1 Supplement Amended Complaint, #2 Exhibit Exhibits A to C - Amended Complaint, #3 Exhibit Exhibits D to H - Amended Complaint).(Wong, Linda)
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Filing 57
ORDER terminating #55 Letter Motion for Conference re: #55 SECOND LETTER MOTION for Conference RENEWED REQUEST FOR PRE-MOTION CONFERENCE addressed to Judge Nelson Stephen Roman from Ronald James R. De La Fuente, Esq. dated June 17, 2022. The Court is in receipt of the attached letter motion from Third-Party Defendant FedEx Supply Chain, Inc. f/k/a Genco Distribution System, Inc. ("FedEx"), dated June 17, 2022, renewing its request for leave to file a motion to dismiss. (ECF No. 55.) The Court has reviewed the letter in opposition filed by Defendants/Third-Party Plaintiffs Medwiz Solutions, LLC, Blanche Reiss, and Batya Gorelick (collectively, "Medwiz"), dated June 22, 2022. (ECF No. 56.) The Court waives the pre-motion conference requirement and grants FedEx leave to file a motion to dismiss in accordance with the following briefing schedule: (1) FedEx's moving papers are to be served (not filed) on August 2, 2022; (2) Medwiz's opposition papers are to be served (not filed) on September 12, 2022; and (3) FedEx's reply papers are to be served on October 3, 2022. All motion papers are to be filed by the parties on the reply date, October 3, 2022. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court's local emergency civil rules. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 55. (Signed by Judge Nelson Stephen Roman on 6/23/2022) (ate)
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Set/Reset Deadlines: Motions due by 10/3/2022. (ate)
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Filing 56
LETTER RESPONSE in Opposition to Motion addressed to Judge Nelson Stephen Roman from A.J. Barbarito dated June 22, 2022 re: #55 SECOND LETTER MOTION for Conference RENEWED REQUEST FOR PRE-MOTION CONFERENCE addressed to Judge Nelson Stephen Roman from Ronald James R. De La Fuente, Esq. dated June 17, 2022. . Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Filing 55
SECOND LETTER MOTION for Conference RENEWED REQUEST FOR PRE-MOTION CONFERENCE addressed to Judge Nelson Stephen Roman from Ronald James R. De La Fuente, Esq. dated June 17, 2022. Document filed by FedEx Supply Chain, Inc...(De La Fuente, Ronald James)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Adino J Barbarito. The party information for the following party/parties has been modified: Unknown Members of Medwiz Solutions, LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc)
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Filing 54
ORDER denying without prejudice #49 Letter Motion for Conference re: #49 FIRST MOTION for Conference LETTER REQUESTING PRE-MOTION CONFERENCE. Third-Party Defendant FedEx's request is DENIED without prejudice. FedEx's pre-motion letter does not set forth any basis for its proposed motion to dismiss, as required by this Court's rule. Accordingly, FedEx's request for a premotion conference is denied without prejudice to refiling and the Clerk of Court is kindly directed to terminate the motion at ECF No. 49.. (Signed by Judge Nelson Stephen Roman on 6/13/2022) (ate)
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Filing 53
FIRST AMENDED THIRD PARTY COMPLAINT amending #37 Third Party Complaint, #51 Amended Complaint, #1 Complaint, #52 Amended Third Party Complaint,, against FedEx Supply Chain, Inc..Document filed by Blanche Reiss, Medwiz Solutions, LLC, Batya Gorelick, Unknown Members of Medwiz Solutions, LLC. Related document: #37 Third Party Complaint, #51 Amended Complaint, #1 Complaint, #52 Amended Third Party Complaint,,. (Attachments: #1 Exhibit Complaint, #2 Exhibit Return Goods Policy, #3 Exhibit Return Debit Memo, #4 Exhibit Misc Document).(Barbarito, Adino)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adino J Barbarito to RE-FILE re: Document No. #52 Amended Third Party Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong filer/filers were selected for the pleading; Add Unknown Members of Medwiz Solutions, LLC 1-10 to CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Third Party 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)
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Filing 52
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR FIRST AMENDED THIRD PARTY COMPLAINT amending #37 Third Party Complaint, #51 Amended Complaint, against FedEx Supply Chain, Inc..Document filed by Blanche Reiss, Medwiz Solutions, LLC, Batya Gorelick. Related document: #37 Third Party Complaint, #51 Amended Complaint,. (Attachments: #1 Exhibit Complaint, #2 Exhibit Return Goods Policy, #3 Exhibit Return Debit Memo, #4 Exhibit RID).(Barbarito, Adino) Modified on 6/13/2022 (pc).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adino J Barbarito to RE-FILE Document No. #51 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; PDF caption "Et al" error, the pleading caption must name all the parties to pleading; the wrong event type was used to file the pleading. Re-file the pleading using the event type Amended Third Party 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. (vf)
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Filing 51
FILING ERROR - DEFICIENT PLEADING- PDF ERROR- FIRST AMENDED COMPLAINT amending #37 Third Party Complaint against FedEx Supply Chain, Inc. with JURY DEMAND.Document filed by Blanche Reiss, Medwiz Solutions, LLC, Batya Gorelick. Related document: #37 Third Party Complaint. (Attachments: #1 Exhibit Complaint, #2 Exhibit Return Goods Policy, #3 Exhibit Return Debit Memo, #4 Exhibit RID).(Barbarito, Adino) Modified on 6/10/2022 (vf).
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Filing 50
LETTER RESPONSE to Motion addressed to Judge Nelson Stephen Roman from A.J. Barbarito dated June 9. 2022 re: #49 FIRST MOTION for Conference LETTER REQUESTING PRE-MOTION CONFERENCE. . Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Filing 49
FIRST MOTION for Conference LETTER REQUESTING PRE-MOTION CONFERENCE. Document filed by FedEx Supply Chain, Inc...(De La Fuente, Ronald James)
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Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 6/6/2022. Linda Wong appeared on behalf of the plaintiff. Adino Barbarito, Steven Bennet, and Mr. Cottrell appeared on behalf of defendants. Defendants are to serve their document requests and interrogatories on the Third-Party Defendant by 6/30/2022. nNext confernce set for 9/7/2022 at 10:00 am via telephone. Parties are directed to call the same teleconference number as the 6/6/2022 conference. (The 9/7 conference will be in person, if necessary). (Court Reporter AT&T) (sbr)
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Filing 48
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 6/3/2022) (ks)
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Filing 47
ORDER granting #46 Motion for Protective Order. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (Krause, Andrew)
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Filing 46
MOTION for Protective Order re: ECF No. 45. Document filed by Sandoz Inc.. (Attachments: #1 Exhibit Exhibit A).(Wong, Linda)
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Filing 45
ORDER granting in part and denying in part #41 Motion for Protective Order. For the reasons set forth above, Sandoz's motion for entry of a protective order is GRANTED IN PART AND DENIED IN PART. Counsel for Sandoz is directed to revise the proposed protective order at ECF No. 42-1 in accordance with this Order; the parties should then sign the proposed protective order and re-file the fully executed proposed order via ECF for the Courts review and signature. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 41. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 5/31/2022) (jca)
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Filing 44
STIPULATION TO EXTEND TIME FOR THIRD-PARTY DEFENDANT TO RESPOND TO THIRD-PARTY COMPLAINT; ORDER: IT IS HEREBY STIPULATED by and between the parties hereto, through their respective attorneys, that Third-Party Defendant FEDEX SUPPLY CHAIN, INC. F/K/A GENCO DISTRIBUTION SYSTEM, INC. (hereinafter, "Third-Party Defendant") shall have additional time within which to answer or otherwise respond to the Third-Party Complaint filed by Defendants/Third-Party Plaintiffs MEDWIZ SOLUTIONS, LLC, BLANCHE REISS AND BATYA GORELICK (collectively "Defendants/Third-Party Plaintiffs"). Therefore, the last day for Third-Party Defendant to answer or otherwise respond to the Third-Party Complaint is June 20, 2022. As further set forth by this Order. Pursuant to the parties' Stipulation, IT IS SO ORDERED. Third-Party Defendant shall answer or otherwise respond to Defendant/Third-Party Plaintiffs' Third-Party Complaint on or before June 20, 2022. FedEx Supply Chain, Inc. answer due 6/20/2022. (Signed by Magistrate Judge Andrew E. Krause on 5/20/2022) (tg)
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Filing 43
PROPOSED STIPULATION AND ORDER. Document filed by FedEx Supply Chain, Inc...(De La Fuente, Ronald James)
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Filing 42
LETTER addressed to Magistrate Judge Andrew E. Krause from Linda Wong dated 05/11/2022 re: ECF No.41. Document filed by Sandoz Inc.. (Attachments: #1 Text of Proposed Order A Proposed Protective Order).(Wong, Linda)
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Filing 41
MOTION for Protective Order . Document filed by Sandoz Inc...(Wong, Linda)
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Filing 40
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Andrew E. Krause from A.J. Barbarito dated April 18, 2022 re: #38 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Linda Wong Requesting a Pre-Motion Conference for Leave to File a Motion for Entry of Proposed Protective Order dated 04/11/2022. . Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Filing 39
ORDER denying #38 Letter Motion for Conference dated 04/11/2022. The Court is in receipt of Plaintiff's letter motion for a conference regarding the proposed protective order. This matter will be handled by Magistrate Judge Krause, as it falls within the order of reference for general pretrial supervision (ECF No. 29). Any party that wishes to respond to Plaintiff's letter regarding the issue(s) in dispute in the proposed protective order must do so via letter on or before Monday, April 18, 2022. The Court anticipates being able to resolve the dispute regarding the language of the proposed protective order without the need for a conference. If the Court requires any further clarifying submission from Plaintiff after receiving the filing(s) on April 18, the Court will issue an order requesting such further submission. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (Krause, Andrew)
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Filing 38
LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Linda Wong Requesting a Pre-Motion Conference for Leave to File a Motion for Entry of Proposed Protective Order dated 04/11/2022. Document filed by Sandoz Inc.. (Attachments: #1 Exhibit A Proposed Protective Order).(Wong, Linda)
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Filing 37
THIRD PARTY COMPLAINT against FedEx Supply Chain, Inc..Document filed by Blanche Reiss, Medwiz Solutions, LLC, Batya Gorelick..(Bennet, Steven)
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Filing 36
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - THIRD PARTY COMPLAINT against FedEx Supply Chain, Inc..Document filed by Blanche Reiss, Medwiz Solutions, LLC, FedEx Supply Chain, Inc., Batya Gorelick..(Bennet, Steven) Modified on 3/22/2022 (pc).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steven Lawrence Bennet to RE-FILE Document No. #35 Third Party Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; All Third Party Plaintiffs must be listed in caption. Re-file the pleading using the event type Third Party 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. (sj)
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Filing 35
FILING ERROR - DEFICIENT PLEADING - PDF ERROR THIRD PARTY COMPLAINT against FedEx Supply Chain, Inc..Document filed by Batya Gorelick, Blanche Reiss, Medwiz Solutions, LLC. (Attachments: #1 Exhibit Third Party Complaint).(Bennet, Steven) Modified on 3/21/2022 (sj).
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Filing 34
ANSWER to #1 Complaint,. Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Bennet, Steven)
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Filing 33
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Bennet, Steven)
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Filing 32
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure 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: As further set forth by this Order. (Signed by Magistrate Judge Andrew E. Krause on 3/4/2022) (tg)
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Filing 31
SCHEDULING ORDER:This matter has been referred to Magistrate Judge Andrew E. Krause for general pretrial supervision. ECF No. 29. A telephonic status conference before Magistrate Judge Krause is hereby scheduled for Monday, June 6, 2022, at 10:00 a.m. To access the teleconference, please follow these directions: (1) dial the meeting number: (877) 336-1831; (2) enter the access code: 2751700; and (3) press pound (#) to enter the teleconference as a guest. Should counsel experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4070. SO ORDERED. Telephone Conference set for 6/6/2022 at 10:00 AM before Magistrate Judge Andrew E. Krause. (Signed by Magistrate Judge Andrew E. Krause on 3/4/2022) (tg)
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Filing 30
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Amended Pleadings due by 8/30/2022. Joinder of Parties due by 8/30/2022. Non-Expert Depositions shall be completed by December 2, 2022. Expert Deposition due by 3/10/2023. All Discovery due by 4/14/2023. Magistrate Judge Andrew E. Krause has been assigned to this case. The next Case Management Conference set for 5/5/2023 at 10:00 AM before Judge Nelson Stephen Roman. (The Court will set this date at the initial conference.) This conference will be held by AT&T Teleconference. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code:1231334 #; (3) Press pound (#) to enter the teleconference as a guest. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/22/2022) (ama)
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Filing 29
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew E. Krause. (Signed by Judge Nelson Stephen Roman on 2/22/2022) (kv)
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Filing 28
PROPOSED SCHEDULING ORDER. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 27
ORDER: The Court notes that Defendants did not respond to Plaintiff's request. The Court hereby GRANTS Plaintiff's request and will treat the RICO claim as dismissed without prejudice as the parties move into discovery. Because Plaintiff has indicated it will not file an amended pleading at this time, the Court hereby directs the parties to complete and file a Case Management Plan and Scheduling Order (blank form attached hereto) by February 21, 2022. The Court notes for Plaintiff that the parties are required to agree to a deadline for amended pleadings on the Scheduling Order. Should Plaintiff seek to replead the RICO claim after commencement of discovery, Plaintiff will have until the agreed-upon deadline within the Scheduling Order to file such amended pleading. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/4/2022) (ks)
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Filing 26
LETTER addressed to Judge Nelson Stephen Roman from Linda Wong, Esq. dated 01/26/2022 re: Amended Complaint. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 25
OPINION & ORDER re: #22 FIRST MOTION to Dismiss Failure to state a claim on which relief may be granted. filed by Medwiz Solutions, LLC, Batya Gorelick, Blanche Reiss. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part and DENIED in part. Defendants' motion is granted as to Plaintiff's RICO claim and as to the "fifth cause of action" of attorneys' fees. Accordingly, Plaintiff's RICO claim is dismissed without prejudice, its "cause of action" for attorneys' fees is dismissed with prejudice, and all other claims remain. Plaintiff is granted leave to file an Amended Complaint as to any claims that have not been dismissed with prejudice. If Plaintiff chooses to do so, Plaintiff will have until February 2, 2022 to file an Amended Complaint. Defendants are then directed to answer or otherwise respond by March 4, 2022. If Plaintiff fails to file an Amended Complaint within the time allowed, and it cannot show good cause to excuse such failure, any claims dismissed without prejudice by this order will be deemed to be dismissed with prejudice. If no Amended Complaint is timely filed, the parties are directed to complete and file a Case Management Plan and Scheduling order by March 4, 2022. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 22. ( Amended Pleadings due by 2/2/2022.) (Signed by Judge Nelson Stephen Roman on 1/12/2022) (ate)
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Filing 24
FIRST REPLY MEMORANDUM OF LAW in Support re: #22 FIRST MOTION to Dismiss Failure to state a claim on which relief may be granted. . Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Filing 23
MEMORANDUM OF LAW in Opposition re: #22 FIRST MOTION to Dismiss Failure to state a claim on which relief may be granted. . Document filed by Sandoz Inc.. (Attachments: #1 Declaration of Linda Wong in Support of Plaintiff's Response in Opposition to Defendants' Motion to Dismiss).(Wong, Linda)
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Filing 22
FIRST MOTION to Dismiss Failure to state a claim on which relief may be granted. Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss. (Attachments: #1 Affidavit Declaration, #2 Text of Proposed Order Proposed Order).(Barbarito, Adino)
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Filing 21
FIRST LETTER addressed to Judge Nelson Stephen Roman from A.J. Barbarito dated 2/2/21 re: Oral Argument. Document filed by Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss..(Barbarito, Adino)
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Filing 20
MEMO ENDORSEMENT on re: #18 Letter Response in Opposition for Defendants' Request for Pre-Motion Conference Letter. filed by Sandoz Inc. ENDORSEMENT : The Court is in receipt of Defendants' pre-motion letter, dated October 28, 2020, seeking leave of the Court to file a motion to dismiss the Second Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court is also in receipt of Plaintiff's letter, dated November 2, 2020, opposing Defendants' request. (ECF No. 18). The Court waives the pre-motion conference requirement and grants Defendants leave to file their motion to dismiss with the following briefing schedule: (1) Defendants' moving papers shall be served, not filed, December 18, 2020; (2) Plaintiff's opposition papers shall be served, not filed, January 18, 2021; and (3) Defendants' reply papers shall be served February 2, 2021. The parties are directed to file all of their motion documents on the reply date, February 2, 2021. The parties shall provide two (2) copies of their respective motion documents to Chambers on the date the documents are served upon their adversary. As long as the Court's Emergency Rules are in place, counsel for both parties are also directed to email copies of their respective papers to Chambers on the date they are served upon their adversary. SO ORDERED., ( Motions due by 2/2/2021., Responses due by 2/2/2021, Replies due by 2/2/2021.) (Signed by Judge Nelson Stephen Roman on 11/16/20) (yv)
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Filing 19
CERTIFICATE OF SERVICE of Letter Response of Plaintiffs Response in Opposition to Defendants Request for Pre-Motion Conference served on Defendants on 11/2/2020. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 18
LETTER addressed to Judge Nelson Stephen Roman from Linda Wong dated 11/2/2020 re: Response in Opposition for Defendants' Request for Pre-Motion Conference Letter. Document filed by Sandoz Inc.. (Attachments: #1 Exhibit).(Wong, Linda)
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Filing 17
NOTICE OF APPEARANCE by Steven Lawrence Bennet on behalf of Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss, Unknown Members of Medwiz Solutions, LLC..(Bennet, Steven)
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Filing 16
NOTICE OF APPEARANCE by Todd Mizeski on behalf of Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss, Unknown Members of Medwiz Solutions, LLC..(Mizeski, Todd)
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Filing 15
NOTICE OF APPEARANCE by Adino J Barbarito on behalf of Batya Gorelick, Blanche Reiss..(Barbarito, Adino)
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Filing 14
NOTICE OF APPEARANCE by Adino J Barbarito on behalf of Medwiz Solutions, LLC..(Barbarito, Adino)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Andrew E. Krause. Please note that this is a reassignment of the designation only. (ad)
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Filing 13
AFFIDAVIT OF SERVICE of Summons and Complaint,. Blanche Reiss served on 9/11/2020, answer due 10/2/2020. Service was accepted by Devorah "Doe", Co-Resident. Service was made by Mail. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint,. Batya Gorelick served on 8/31/2020, answer due 9/21/2020. Service was accepted by Maria Castro, Co-Resident. Service was made by Mail. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Medwiz Solutions, LLC waiver sent on 8/31/2020, answer due 10/30/2020. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 10
CIVIL COVER SHEET filed..(Wong, Linda)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Medwiz Solutions, LLC..(jgo)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Blanche Reiss..(jgo)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Batya Gorelick..(jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Linda Wong to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple Nature of Suit codes were selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Lisa M. Smith 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. (jgo)
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Filing 6
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Novartis AG, a Swiss company, whose American Depository Shares are publicly traded on the New York Stock Exchange for Sandoz Inc.. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Defendant Blanche Reiss, re: #1 Complaint,. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Defendant Medwiz Solutions, LLC, re: #1 Complaint,. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Defendant Batya Gorelick, re: #1 Complaint,. Document filed by Sandoz Inc...(Wong, Linda)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Wong, Linda) Modified on 8/28/2020 (jgo).
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Filing 1
COMPLAINT against Batya Gorelick, Medwiz Solutions, LLC, Blanche Reiss, Unknown Members of Medwiz Solutions, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-21363654)Document filed by Sandoz Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Wong, Linda)
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