Exela Pharma Sciences, LLC v. Sandoz, Inc.
Plaintiff: Exela Pharma Sciences, LLC
Defendant: Sandoz, Inc.
Case Number: 1:2019cv00318
Filed: November 6, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: Martin Reidinger
Nature of Suit: Contract Product Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 3, 2020 Filing 39 REPLY to Response to Motion re #29 MOTION to Dismiss the Complaint, or In The Alternative, Stay The Case Pending Referral to FDA by Sandoz, Inc.. (Willis, Marguerite)
December 23, 2019 Filing 38 RESPONSE in Opposition re #29 MOTION to Dismiss the Complaint, or In The Alternative, Stay The Case Pending Referral to FDA by Exela Pharma Sciences, LLC. Replies due by 12/30/2019 (McDevitt, Larry)
December 19, 2019 Opinion or Order TEXT-ONLY ORDER granting #37 Motion for Extension of Time to File Response/Reply re #29 MOTION to Dismiss the Complaint, or In The Alternative, Stay The Case Pending Referral to FDA Responses due by 12/20/2019 Replies due by 1/3/2020 Text of Order: The parties' Joint Motion is GRANTED, and the Plaintiff shall have through and including December 23, 2019, to respond to the Defendant's Motion to Dismiss. The Defendant shall have through and including January 3, 2020, to file a Reply. So Ordered. Entered by District Judge Martin Reidinger on 12/19/19. (LMR) Modified text with correct deadline on 12/19/2019, NEF regenerated (reh).
December 18, 2019 Filing 37 Joint MOTION for Extension of Time Extend Deadlines for Filing a Response and Reply to Defendant's Motion to Dismiss, or in the Alternative to Stay by Exela Pharma Sciences, LLC. Responses due by 1/2/2020 (Wilkerson, David)
December 18, 2019 Opinion or Order Filing 36 ORDER granting #32 Plaintiff's Motion for Leave to File Document Under Seal, and Plaintiff's #33 Reply in support of its Motion for Preliminary Injunction shall be filed under seal until further Order of this Court. The Plaintiff is directed to file a redacted version of its Reply Brief within 7 days. Signed by District Judge Martin Reidinger on 12/18/2019. (khm)
December 18, 2019 Filing 35 REDACTION to #33 Sealed Reply to Response to Motion, by Exela Pharma Sciences, LLC (Attachments: #1 Exhibit 34 - CDER Multi-Discipline Review, #2 Exhibit 35 - Bohrer Article, #3 Exhibit 36 - 12/10/2019 Email fr Blinn-Spears)(Drakulich, Corrin)
December 17, 2019 Filing 34 RESPONSE in Opposition re 3 EX PARTE MOTION for Preliminary Injunction by Sandoz, Inc. Replies due by 12/24/2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Blinn-Spears, Bridget) Modified docket text on 12/18/2019. (maf)
December 13, 2019 Filing 33 SEALED REPLY (Sealed - Attorney) to Response to Motion re: 3 Ex Parte Motion,,,, Motion for Preliminary Injunction,,, by Exela Pharma Sciences, LLC; (available to Exela Pharma Sciences, LLC, Sandoz, Inc.) (Attachments: #1 Exhibit 34 - CDER Multi-Discipline Review, #2 Exhibit 35 - Bohrer Article, #3 Exhibit 36 - 12/10/2019 Email fr Blinn-Spears to Wilkerson)(Drakulich, Corrin)
December 13, 2019 Filing 32 MOTION to Seal Document by Exela Pharma Sciences, LLC. Responses due by 12/30/2019 (Attachments: #1 Memorandum)(Drakulich, Corrin)
December 6, 2019 Filing 31 SEALED RESPONSE (Sealed - Attorney) to Motion re: 3 Ex Parte Motion, Motion for Preliminary Injunction, #30 Motion to Seal Document (available to Sandoz, Inc.) Replies due by 12/13/2019 (Attachments: #1 Exhibit 1 - Declaration of John Geissler, #2 Exhibit 2 - Declaration of Lara Hansen, #3 Exhibit 3 - Declaration of Ricky Suchak, #4 Exhibit 4 - Declaration of Leon Elcock)(Willis, Marguerite) Modified text on 12/9/2019. (khm) (Attachment 2 replaced on 12/10/2019 with corrected PDF, NEF regenerated) (reh).
December 6, 2019 Filing 30 MOTION to Seal Document by Sandoz, Inc.. Responses due by 12/20/2019 (Attachments: #1 Memorandum In Support)(Willis, Marguerite)
December 6, 2019 Filing 29 MOTION to Dismiss the Complaint, or In The Alternative, Stay The Case Pending Referral to FDA by Sandoz, Inc.. Responses due by 12/20/2019 (Attachments: #1 Memorandum In Support)(Willis, Marguerite)
December 6, 2019 Filing 28 Notice of Withdrawal of document by Exela Pharma Sciences, LLC ***Documents terminated: #27 Redacted Document filed by Exela Pharma Sciences, LLC. (Wilkerson, David)
December 6, 2019 Filing 27 ***DOCUMENT WITHDRAWN*** REDACTION to 3 EX PARTE MOTION Temporary Restraining Order by Exela Pharma Sciences, LLC MOTION for Preliminary Injunction by Exela Pharma Sciences, LLC (Attachments: #1 Exhibit 29)(Wilkerson, David) Modified on 12/9/2019 (khm).
December 6, 2019 Filing 26 REDACTION to 3 EX PARTE MOTION Temporary Restraining Order by Exela Pharma Sciences, LLC MOTION for Preliminary Injunction by Exela Pharma Sciences, LLC (Attachments: #1 Exhibit 14, Redacted Declaration of Mark Hartman, #2 Exhibit 25, Redacted Letter from Aruna Koganti to Donna Griebel)(Wilkerson, David) Modified on 12/6/2019 to rename Attachment 2 Exhibit 25 instead of Exhibit 15. (khm) (Main Document 26 replaced on 12/6/2019) NEF Regenerated. (khm)
December 6, 2019 Filing 25 Consent MOTION to Seal by Exela Pharma Sciences, LLC. Responses due by 12/20/2019 (Attachments: #1 Memorandum)(Wilkerson, David)
December 5, 2019 Filing 24 MOTION for Leave to Appear Pro Hac Vice as to David J. Horowitz Filing fee $ 281, receipt number 0419-4287865. by Sandoz, Inc.. (Blinn-Spears, Bridget)
December 5, 2019 Filing 23 MOTION for Leave to Appear Pro Hac Vice as to Susan Cook Filing fee $ 281, receipt number 0419-4287853. by Sandoz, Inc.. (Blinn-Spears, Bridget)
December 5, 2019 Filing 22 MOTION for Leave to Appear Pro Hac Vice as to William W. Wilkins Filing fee $ 281, receipt number 0419-4287795. by Sandoz, Inc.. (Blinn-Spears, Bridget)
November 20, 2019 Filing 21 CERTIFICATE OF SERVICE by Sandoz, Inc. re #18 Notice of Appearance, #17 Notice of Appearance, #19 Notice of Appearance, #5 Notice of Appearance (Blinn-Spears, Bridget)
November 18, 2019 Notice to Christina D. Brown-Marshall: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/25/2019. Brown-Marshall served via NEF. (reh) Modified text on 11/18/2019 (reh).
November 18, 2019 Opinion or Order Filing 20 ORDER granting #8 & #9 Motions for Leave to Appear Pro Hac Vice, added Christina D. Brown-Marshall, Corrin Nicole Drakulich for Exela Pharma Sciences, LLC. Signed by District Judge Martin Reidinger on 11/15/2019. Drakulich and Brown-Marshall served via NEF. (reh)
November 15, 2019 Filing 19 NOTICE of Appearance by Bridget A. Blinn-Spears on behalf of Sandoz, Inc. (Blinn-Spears, Bridget)
November 14, 2019 Filing 18 NOTICE of Appearance by Nikole Setzler Mergo on behalf of Sandoz, Inc. (Mergo, Nikole)
November 14, 2019 Filing 17 NOTICE of Appearance by Marguerite S. Willis on behalf of Sandoz, Inc. (Willis, Marguerite)
November 12, 2019 Opinion or Order Filing 16 MEMORANDUM OF DECISION AND ORDER: The Plaintiff's 3 Motion for Ex ParteTemporary Restraining Order is DENIED. Plaintiff's 3 Motion for Preliminary Injunction is HELD IN ABEYANCE pending further presentation of evidence and briefing by the parties. The Defendant's response to the Plaintiff's Motion for Preliminary Injunction shall be filed no later than 12/6/2019. Signed by District Judge Martin Reidinger on 11/12/2019. (maf)
November 11, 2019 Filing 15 TRANSCRIPT of Motion for Temporary Restraining Order held on November 7, 2019 before Judge Martin K. Reidinger. Court Reporter Tracy Dunlap, telephone number 8287717217. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 2/6/2020. (Reporter: Tracy Dunlap, 828-771-7217)
November 8, 2019 Filing 14 Notice of Withdrawal of document by Exela Pharma Sciences, LLC ***Documents terminated: #10 MOTION for Leave to Appear Pro Hac Vice as to Christina D. Brown-Marshall Filing fee $ 281, receipt number 0419-4252775. filed by Exela Pharma Sciences, LLC, #11 MOTION for Leave to Appear Pro Hac Vice as to Corrin N. Drakulich Filing fee $ 281, receipt number 0419-4252778. filed by Exela Pharma Sciences, LLC. (McDevitt, Larry)
November 8, 2019 Filing 13 NOTICE of Consent to Motions for Leave to Appear Pro Hac Vice by Exela Pharma Sciences, LLC re #8 MOTION for Leave to Appear Pro Hac Vice as to Christina D. Brown-Marshall Filing fee $ 281, receipt number 0419-4252567., #9 MOTION for Leave to Appear Pro Hac Vice as to Corrin N. Drakulich Filing fee $ 281, receipt number 0419-4252575. (McDevitt, Larry)
November 8, 2019 Filing 12 AFFIDAVIT of Service filed by Exela Pharma Sciences, LLC. Sandoz, Inc. served on 11/7/2019, answer due 12/6/2019. (McDevitt, Larry)
November 8, 2019 Filing 11 MOTION for Leave to Appear Pro Hac Vice as to Corrin N. Drakulich Filing fee $ 281, receipt number 0419-4252778. by Exela Pharma Sciences, LLC. (McDevitt, Larry)
November 8, 2019 Filing 10 MOTION for Leave to Appear Pro Hac Vice as to Christina D. Brown-Marshall Filing fee $ 281, receipt number 0419-4252775. by Exela Pharma Sciences, LLC. (McDevitt, Larry)
November 7, 2019 Filing 9 MOTION for Leave to Appear Pro Hac Vice as to Corrin N. Drakulich Filing fee $ 281, receipt number 0419-4252575. by Exela Pharma Sciences, LLC. (Wilkerson, David)
November 7, 2019 Filing 8 MOTION for Leave to Appear Pro Hac Vice as to Christina D. Brown-Marshall Filing fee $ 281, receipt number 0419-4252567. by Exela Pharma Sciences, LLC. (Wilkerson, David)
November 7, 2019 Opinion or Order ORAL ORDER: Attorney Corrin N. Drakulich is provisionally admitted pro hac vice for the limited purpose of participating in the hearing on the 3 Motion for a Temporary Restraining Order. Counsel are directed to promptly file the appropriate motion in accordance with this Court's Local Rules. The deadline for Sandoz, Inc. to respond to Plaintiff's #1 Complaint and to file their response to the 3 Motion for Preliminary Injunction is 12/6/2019. So Ordered by District Judge Martin Reidinger on 11/7/2019. (maf)
November 7, 2019 Minute Entry: MOTION HEARING held before District Judge Martin Reidinger re: 3 Motion for a Temporary Restraining Order by Exela Pharma Sciences, LLC. The Court addressed the admission status of Corrin N. Drakulich. Oral argument heard on the Motion for Temporary Restraining Order. Motion taken under advisement, order to issue. Plaintiff's attorneys: Larry S. McDevitt, Corrin N. Drakulich, and David M. Wilkerson. Defendant's attorney: Mark W. Bakker. Court reporter: Tracy Dunlap (828-771-7217). (maf) Modified text to correct appearances on 11/8/2019. (maf)
November 7, 2019 Filing 7 NOTICE of Appearance by David M. Wilkerson on behalf of Exela Pharma Sciences, LLC (Wilkerson, David)
November 7, 2019 Filing 5 NOTICE of Appearance by Mark W. Bakker on behalf of All Defendants (Bakker, Mark)
November 6, 2019 NOTICE of Hearing on Motion re: 3 EX PARTE MOTION for Temporary Restraining Order by Exela Pharma Sciences, LLC : Motion Hearing set for 11/7/2019 03:00 PM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. This is your only notice - you will not receive a separate document. (ejb)
November 6, 2019 Filing 4 Summons Issued Electronically as to Sandoz, Inc. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb)
November 6, 2019 Case assigned to District Judge Martin Reidinger. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (ejb)
November 6, 2019 Filing 2 Corporate Disclosure Statement by Exela Pharma Sciences, LLC (McDevitt, Larry)
November 6, 2019 Filing 1 COMPLAINT against Sandoz, Inc with Jury Demand ( Filing fee $ 400 receipt number 0419-4249378), filed by Exela Pharma Sciences, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(McDevitt, Larry) (Main Document 1 replaced on 11/6/2019 with correct .pdf) NEF Regenerated. (ejb) Modified on 12/5/2019 to change restriction. (khm)

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Plaintiff: Exela Pharma Sciences, LLC
Represented By: Larry S. McDevitt
Represented By: Christina D. Brown-Marshall
Represented By: Corrin Nicole Drakulich
Represented By: David M. Wilkerson
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Defendant: Sandoz, Inc.
Represented By: Nikole Setzler Mergo
Represented By: Mark W. Bakker
Represented By: Marguerite S. Willis
Represented By: Bridget A. Blinn-Spears
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