Health & Beauty Technologies, Inc et al v. Merz Pharma GmbH KgaA et al
Plaintiff: Health & Beauty Technologies, Inc and Medi-Build International, Corp.
Defendant: Merz Pharma GmbH KgaA and Merz North America, Inc.
Mediator: Ted E. Bandstra and Bruce Wayne Greer
Case Number: 7:2018cv00117
Filed: March 26, 2018
Court: US District Court for the Eastern District of North Carolina
Office: Southern Division Office
County: xxU.S. Outside District
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 16, 2020 Opinion or Order Filing 270 Order - The court has been advised that the parties have settled all matters in controversy among them. Therefore, this matter is DISMISSED subject to the right of any party to file a motion to reopen the case should settlemen t not be consummated within 45 days hereof. The parties are directed to file their Stipulation of Dismissal with Prejudice on or before October 31, 2020. As there appears to be no further reason at this time to maintain the file as an open one for statistical purposes, this case is removed from the active docket. Signed by District Judge Louise Wood Flanagan on 9/16/2020. (Collins, S.)
August 3, 2020 Opinion or Order Filing 267 ORDER granting 264 Joint MOTION To Modify the Amended Case Management Order. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 8/3/2020. (Collins, S.)
July 6, 2020 Opinion or Order Filing 263 ORDER granting 261 Joint MOTION regarding 258 Scheduling Order, Joint Motion To Modify The Case Management Order. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 7/6/2020. (Collins, S.)
January 8, 2020 Opinion or Order Filing 250 ORDER - Plaintiffs' motion to amend or alter the judgment 241 is GRANTED IN PART and DENIED IN PART. The court VACATES its judgment and DIRECTS the clerk to reopen this case. Plaintiffs' claim for unjust enrichment is ALLOWED to proceed to discovery. Plaintiffs' remaining causes of action are DISMISSED. Defendants' motion for bill of costs 237 is DENIED AS MOOT. The court's initial order on planning and scheduling will follow. Signed by District Judge Louise Wood Flanagan on 1/8/2020. (Collins, S.)
September 26, 2019 Opinion or Order Filing 236 JUDGMENT - In accordance with the court's order entered September 26, 2019, and for the reasons set forth more specifically therein, defendant Merz Pharma's motion to dismiss for lack of personal jurisdiction is DENI ED and defendant Merz NA's motion to dismiss for failure to state a claim, in which Merz Pharma joins, is GRANTED. Plaintiff's complaint is DISMISSED WITH PREJUDICE. Signed by Peter A. Moore, Jr., Clerk of Court on 9/26/2019. (Collins, S.)
September 10, 2019 Opinion or Order Filing 234 ORDER granting 230 Motion to Seal Document 229 PROPOSED SEALED Reply In Support of Motion to Dismiss. Signed by District Judge Louise Wood Flanagan on 9/10/2019. (Collins, S.)
July 22, 2019 Opinion or Order Filing 214 ORDER granting 212 Motion to Seal 209 PROPOSED SEALED Response, exhibits 209-2 through 209-6. Signed by Magistrate Judge Robert B. Jones, Jr on 7/22/2019. (Collins, S.)
January 25, 2019 Opinion or Order Filing 200 ORDER granting 198 JOINT MOTION to Modify Schedule for Completion of Jurisdictional Discovery. Signed by District Judge Louise Wood Flanagan on 1/25/2019. (Collins, S.)
January 15, 2019 Opinion or Order Filing 197 ORDER - Defendants' objection 195 to the magistrate judge's December 5, 2018, order is OVERRULED and the magistrate judges order is AFFIRMED, subject to plaintiffs' agreement to confer in good faith regarding custodians and search terms as set forth herein. The deadline for compliance with the magistrate judge's order remains January 22, 2019. The parties are DIRECTED to file, upon close of jurisdictional discovery period, or by February 22, 2019, wh ichever is earlier, a notice setting forth the parties' proposed deadlines for completion of briefing on motions to dismiss filed at 191 and 193 , accompanied by proposed order if agreed. Signed by District Judge Louise Wood Flanagan on 1/15/2019. (Collins, S.)
December 5, 2018 Opinion or Order Filing 190 ORDER granting in part and denying in part 170 Motion to Compel. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Magistrate Judge Robert B. Jones, Jr on 12/5/2018. (Collins, S.)
November 28, 2018 Opinion or Order Filing 188 ORDER - This matter is before the court on plaintiffs' motion 179 to amend complaint. Upon careful review of the motion, defendants' response in opposition, and reply thereto, plaintiffs' motion is GRANTED. Pl aintiffs are DIRECTED to file their proposed second amended complaint within two days of the date of this order. In addition, where an amended pleading ordinarily supersedes the original and renders it of no legal effect, Young v. City of Mount R anier, 238 F.3d 567, 573 (4th Cir. 2001), in anticipation of filing second amended complaint in light of this order, the court DENIES WITHOUT PREJUDICE defendants' motion to dismiss first amended complaint 145 149 . Signed by District Judge Louise Wood Flanagan on 11/28/2018. (Collins, S.)
October 12, 2018 Opinion or Order Filing 177 ORDER granting 157 Motion for Reconsideration regarding Text Order - The court VACATES its July 17, 2018, text order denying as moot defendants' motions to dismiss the first amended complaint. The first amended complai nt, (DE 141), and defendants' motion to dismiss same, (DE 145, 149), are REINSTATED. Plaintiffs' second amended complaint, (DE 153), is rendered without legal effect. The clerk is DIRECTED to raise notation on the docket that DE 145 and DE 149 are pending motions. Plaintiffs' responses to defendants' motions to dismiss the first amended complaint are due within 14 days hereof. Signed by District Judge Louise Wood Flanagan on 10/12/2018. (Tripp, S.)
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Search for this case: Health & Beauty Technologies, Inc et al v. Merz Pharma GmbH KgaA et al
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Plaintiff: Health & Beauty Technologies, Inc
Represented By: Donalt J. Eglinton
Represented By: John A. Moore
Represented By: Aaron W. Tandy
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Plaintiff: Medi-Build International, Corp.
Represented By: Donalt J. Eglinton
Represented By: John A. Moore
Represented By: Aaron W. Tandy
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Defendant: Merz Pharma GmbH KgaA
Represented By: Pamela J. Butler
Represented By: Kenneth James Duvall
Represented By: Jennifer Lauren Junger
Represented By: Michael Neil Kreitzer
Represented By: Lori P. Lustrin
Represented By: Michael E. Strauch
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Defendant: Merz North America, Inc.
Represented By: Pamela J. Butler
Represented By: Kenneth James Duvall
Represented By: Jennifer Lauren Junger
Represented By: Michael Neil Kreitzer
Represented By: Lori P. Lustrin
Represented By: Michael E. Strauch
Represented By: James J Ward
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Mediator: Ted E. Bandstra
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Mediator: Bruce Wayne Greer
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