Eshelman v. Auerbach et al
| Fredric N. Eshelman |
| Alan H. Auerbach and Puma Biotechnology, Inc. |
| 7:2016cv00018 |
| February 2, 2016 |
| US District Court for the Eastern District of North Carolina |
| Southern Division Office |
| NEWHANOVER |
| James C. Dever |
| Assault, Libel, and Slander |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
553
ORDER granting 549 Motion to Permit Contemporaneous Testimony From a Remote Location. Signed by District Judge James C. Dever III on 10/28/2022. (Sellers, N.)
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Filing
551
ORDER granting 547 Motion for Leave to Use Video Teleconference Technology at Trial Pursuant to LR 83.10(A). Signed by District Judge James C. Dever III on 10/25/2022. (Mann, Stephanie)
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Filing
503
ORDER granting 502 Motion for Access to Sealed Documents. Signed by District Judge James C. Dever III on 9/22/2022. (Sellers, N.)
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Filing
487
ORDER granting in part and denying in part 482 Motion for Discovery. Counsel should read the order in its entirety for critical deadlines and information. Signed by District Judge James C. Dever III on 5/19/2022. (Edwards, S.)
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Filing
474
ORDER granting 460 Motion to Release Supersedeas Bond; denying 466 Application for Costs; granting 468 Order on Motion for Disallowance of Costs. Not later than April 1, 2022, the parties SHALL file a joint statement updating the court on the status of this case, including a proposed schedule leading toward a jury trial on damages in July, August, or September, 2022. Signed by District Judge James C. Dever III on 3/11/2022. (Sellers, N.)
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Filing
445
ORDER denying 397 Motion for Attorney Fees; granting 403 Motion for Bill of Costs; denying 414 Order on Motion for Disallowance of Costs; denying 416 Motion for New Trial; granting 418 Motion to Alter Judgment; denying 441 Motion fo r Hearing. The court AWARDS Eshelman $205,903.55 in costs under28 U.S.C. § 1920 and Local Civil Rule 54.1. Finally, the court ALTERS the judgment to include $3,984,646.58 in prejudgment interest under N.C. Gen. Stat. § 24-5(b). Signed by District Judge James C. Dever III on 3/2/2020. (Sellers, N.)
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Filing
434
ORDER granting 420 Motion for Bond. Puma's supersedeas bond in the amount of $29,500,000.00 is hereby approved as security for the judgment pending disposition of any post-trial motions, as well as disposition of this case on appeal; Pum a will ultimately bond 110% of the amount of that final judgment; Execution of the judgment is hereby stayed, pending disposition of the post-trial motions and any eventual appeal pursuant to Rule 62(b) of the Federal Rules of Civil Procedure. Signed by District Judge James C. Dever III on 5/10/2019. (Sellers, N.)
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Filing
421
ORDER granting in part and denying in part 363 Motion for Sanctions. The court GRANTS Eshelman's motion for sanctions and finds that a $4,000 Sanction against Puma is reasonable and appropriate. The court DIRECTS Puma to pay Eshelman $4,000 not later than May 10, 2019. Puma is WARNED that the failure to pay this sanction in accordance with this order could result in further sanctions. Signed by District Judge James C. Dever III on 4/23/2019. (Sellers, N.)
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Filing
413
ORDER granting 412 Motion for Post-Trial Scheduling Order. Counsel should read the order in its entirety for critical deadlines and information. Signed by District Judge James C. Dever III on 4/16/2019. (Sellers, N.)
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Filing
410
ORDER denying 399 Motion to Vacate ; denying 407 Motion for Hearing. Puma must file its Rule 59(e) motion by April 22, 2019. See Fed. R. Civ. P. 59(e). Puma may file its memorandum of law in support of its motion to vacate along,with its Rule 5 9(e) motion or may file its memorandum of law within five business days of the date on which the court reporter provides a complete transcript of trial proceedings in this action, whichever is later. Signed by District Judge James C. Dever III on 4/9/2019. (Sellers, N.)
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Filing
395
JUDGMENT - Signed by Peter A. Moore, Jr., Clerk of Court on 3/25/2019. (Sellers, N.)
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Filing
369
ORDER granting 339 Motion to Seal. Signed by District Judge James C. Dever III on 3/8/2019. (Sellers, N.)
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Filing
305
ORDER denying 276 Motion to Compel. Signed by Chief Judge James C. Dever III on 10/2/2018. (Sellers, N.)
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Filing
304
ORDER granting in part and denying in part 169 Motion for Partial Summary Judgment; denying 177 Motion for Summary Judgment. In due course, the court will issue an order expounding on these conclusions. After the court issues that order, the court will hold a status conference to discuss the trial. The courtanticipates holding the trial in the first quarter of 2019. Signed by Chief Judge James C. Dever III on 9/28/2018. (Sellers, N.)
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Filing
303
ORDER denying 257 APPEAL OF US MAGISTRATE JUDGE DECISION. Signed by Chief Judge James C. Dever III on 9/20/2018. (Sellers, N.)
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Filing
302
ORDER granting 291 Motion - September 21, 2018 Hearing Adjournment and Proposed Agenda. The court GRANTS the request to cancel oral argument on September 21, 2018. The court will decide at a later date whether to reschedule oral argument. Signed by Chief Judge James C. Dever III on 9/19/2018. (Sellers, N.)
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Filing
301
ORDER granting in part 255 Motion to Seal Document. Signed by Chief Judge James C. Dever III on 9/18/2018. (Sellers, N.)
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Filing
287
ORDER granting in part and denying in part 167 Motion to Compel. Plaintiff is ordered to comply with this order within fourteen (14) days. Signed by US Magistrate Judge Robert B. Jones, Jr on 4/6/2018. (Briggeman, N.)
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Filing
266
ORDER denying 130 Appeal of Magistrate Judge's Order regarding 122 Order on Motion to Compel Privilege Log. The order of July 13, 2017 122 is AFFIRMED. Signed by Chief Judge James C. Dever III on 2/1/2018. (Briggeman, N.)
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Filing
246
ORDER granting 160 Motion to Compel. Defendant is ordered to produce the unredacted documents at issue within fourteen (14) days, and the depositions of Auerbach and Zavrl are ordered to occur within twenty-one (21) days from the date of production. Defendant is ordered to bear the costs of reopening the depositions of Auerbach and Zavrl. Signed by US Magistrate Judge Robert B. Jones, Jr on 1/8/2018. (Briggeman, N.)
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Filing
245
ORDER granting 230 Motion to Seal. Signed by Chief Judge James C. Dever III on 1/4/2018. (Briggeman, N.)
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Filing
242
ORDER granting in part and denying in part 187 Motion to Seal Document. Signed by US Magistrate Judge Robert B. Jones, Jr on 1/3/2018. (Briggeman, N.)
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Filing
240
ORDER granting in part and denying in part 164 Motion to Seal Document. Signed by US Magistrate Judge Robert B. Jones, Jr on 1/2/2018. (Briggeman, N.)
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Filing
231
ORDER allowing in part and denying in part 125 Motion to Quash. PPD' s motion to quash Defendant's subpoena to testify pursuant to Rule 30(b)(6) is DENIED for topics (1), (2), (3), and (5), and ALLOWED for topics (4), (6), and (7); PPD&# 039;s motion to quash Plaintiff's subpoena to testify pursuant to Rule 30(b)(6) is DENIED for topics (1)-(8a), and ALLOWED for topics (8b)-(10); and PPD's motionto quash Defendant's subpoena duces tecum is ALLOWED. Signed by US Magistrate Judge Robert B. Jones, Jr on 11/30/2017. (Briggeman, N.)
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Filing
156
ORDER denying 149 Motion to Compel. Signed by US Magistrate Judge Robert B. Jones, Jr on 9/14/2017. (Briggeman, N.)
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Filing
133
ORDER granting 84 Motion to Seal and 90 Motion to Seal. Signed by Magistrate Judge Robert B. Jones, Jr on 8/7/2017. (Jenkins, C.)
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Filing
122
ORDER denying 117 Motion to Compel. Signed by United States Magistrate Judge Robert B. Jones, Jr on 7/13/2017. (Briggeman, N.)
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Filing
116
ORDER: the court GRANTS Eshelman's motion to dismiss for failure to state a claim upon which relief can be granted [D.E. 100], and DENIES as moot Eshelman's motion for relief under California's anti-SLAPP statute. Signed by Chief Judge James C. Dever III on 6/12/2017. (Jenkins, C.)
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Filing
115
ORDER granting in part and denying in part 67 Motion to Compel; denying as moot 74 Motion to Compel. Defendant shall provide the information identified above to Plaintiff by no later than June 28, 2017. Signed by United States Magistrate Judge Robert B. Jones, Jr on 6/7/2017. (Briggeman, N.)
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Filing
77
ORDER denying as moot 29 Cross Motion; denying 20 Motion to Dismiss for Lack of Jurisdiction; denying 20 Motion to Transfer Case; denying 20 Motion to Dismiss for Failure to State a Claim; denying 20 Motion to Strike. Signed by Chief Judge James C. Dever III on 2/6/2017. (Briggeman, N.)
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Filing
60
ORDER denying 44 Motion to Compel. Signed by U.S. Magistrate Judge Robert B. Jones, Jr on 9/27/2016. (Briggeman, N.)
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Filing
59
Joint Stipulated PROTECTIVE ORDER - Signed by U.S. Magistrate Judge Robert B. Jones, Jr on 9/26/2016. (Briggeman, N.)
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