SensorRx, Inc. v. Eli Lilly and Company

SensorRx, Inc. v. Eli Lilly and Company

Plaintiff:	SensorRx, Inc.
Defendant:	Eli Lilly and Company
Case Number:	3:2019cv00643
Filed:	November 22, 2019
Court:	US District Court for the Western District of North Carolina
Presiding Judge:	Robert J Conrad
Referring Judge:	David Keesler
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 2, 2020	Filing 56 ORDER granting #51 Motion for Extension of Time to File Response/Reply re #45 MOTION to Dismiss . Responses due by 9/22/2020. Signed by Magistrate Judge David Keesler on 9/2/20. (mga)
September 2, 2020	Filing 55 ORDER granting #50 Motion for Leave to Appear Pro Hac Vice David J.F. Gross is hereby admitted pro hac to represent Eli Lilly and Company. Signed by Magistrate Judge David Keesler on 9/1/20. (mga)
September 2, 2020	Filing 54 ORDER granting #49 Motion for Leave to Appear Pro Hac Vice. Joshua Mahoney is hereby admitted pro hac vice to represent Defendant Eli Lilly and Company. Signed by Magistrate Judge David Keesler on 9/1/20. (mga)
September 2, 2020	Notice to Joshua Mahoney: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 9/9/2020. (mga)
September 2, 2020	Notice to David J.F. Gross: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 9/9/2020. (mga)
September 1, 2020	Filing 53 ORDER granting #48 Motion for Leave to Appear Pro Hac Vice. Sami K. Al-Marzoog is hereby admitted pro hac vice to represent Eli Lilly and Company. Signed by Magistrate Judge David Keesler on 9/1/20. (mga)
September 1, 2020	Filing 52 ORDER granting #47 Motion for Leave to Appear Pro Hac Vice. Julie Wahlstrand is hereby admitted pro hac vice tor represent Defendant Eli Lilly and Company. Signed by Magistrate Judge David Keesler on 9/1/20. (mga)
September 1, 2020	Filing 51 Unopposed MOTION for Extension of Time to File Response/Reply re: #45 MOTION to Dismiss Amended Complaint by SensorRx, Inc.. Responses due by 9/15/2020 (Attachments: #1 Proposed Order for SensorRx to Reply to Defendant's Motion to Dismiss) (Geer, Martha). Motions referred to David Keesler.
September 1, 2020	Filing 50 MOTION for Leave to Appear Pro Hac Vice as to David Gross Filing fee $ 281, receipt number 0419-4647988. by Eli Lilly and Company. (Bustamante, Travis). Motions referred to David Keesler.
September 1, 2020	Filing 49 MOTION for Leave to Appear Pro Hac Vice as to Joshua Mahoney Filing fee $ 281, receipt number 0419-4647977. by Eli Lilly and Company. (Bustamante, Travis). Motions referred to David Keesler.
September 1, 2020	Filing 48 MOTION for Leave to Appear Pro Hac Vice as to Al-Marzoog Sami Filing fee $ 281, receipt number 0419-4647972. by Eli Lilly and Company. (Bustamante, Travis). Motions referred to David Keesler.
September 1, 2020	Filing 47 MOTION for Leave to Appear Pro Hac Vice as to Julie Wahlstrand Filing fee $ 281, receipt number 0419-4647950. by Eli Lilly and Company. (Bustamante, Travis). Motions referred to David Keesler.
September 1, 2020	Notice to Julie Wahlstrand: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 9/8/2020. (mga)
September 1, 2020	Notice to Sami K. Al-Marzoog: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 9/8/2020. (mga)
August 27, 2020	Filing 46 MOTION for Discovery Sequencing Discovery and Protective Order by Eli Lilly and Company. Responses due by 9/10/2020 (Attachments: #1 Memorandum in Support of, #2 Exhibit 1 Subpoenas to UsTwo Studio, Artefact, and McKinsey, #3 Exhibit 2 Mappes Letter to Geer, #4 Exhibit 3 Geer Ltr to Mappes, #5 Exhibit 4 Email fr. Bustamante to Geer, #6 Exhibit 5 Email fr. Artefact to Williams, #7 Exhibit 6 Email fr. Grimsrud to Geer, #8 Exhibit 7 Email fr. Mappes to Geer) (Bustamante, Travis). Motions referred to David Keesler.
August 25, 2020	Filing 45 MOTION to Dismiss by Eli Lilly and Company. Responses due by 9/8/2020 (Attachments: #1 Memorandum, #2 Exhibit 1 - 2019-01-31 Mutual Confidentiality Agreement) (Bustamante, Travis). Motions referred to David Keesler.
August 20, 2020	Filing 44 ORDER that any and all discovery conducted by the parties in the Indiana action will be deemed to have also been conducted in this action, Case No. 3:19-cv-643. The parties shall continue to conduct discovery, and such discovery will be subjected to enforcement by the Court. Eli Lilly shall file any objections to third-party discovery within seven (7) days of the date of this Order. Signed by District Judge Robert J. Conrad, Jr on 8/20/2020. (brl)
August 18, 2020	Minute Entry: STATUS CONFERENCE held before District Judge Robert J. Conrad, Jr. Plaintiffs attorney: Caroline Ramsey Taylor, Clifford Marshall, Jr., Jeremy Williams, Martha Geer. Defendants attorney: Anna Majestro, Harmony Mappes, Timothy Grimsrud, Travis Bustamante. Court reporter: Laura Andersen. (brl)
August 18, 2020	TEXT-ONLY ORDER denying as moot #26 Motion for Hearing; denying as moot #7 Motion to Dismiss. Entered by District Judge Robert J. Conrad, Jr on 8/18/2020. (brl)
August 7, 2020	NOTICE of Hearing: Status Conference RESET for 8/18/2020 01:00 PM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. Parties to participate via Zoom. Parties will receive Zoom invitation via e-mail. This is your only notice - you will not receive a separate document.(brl)
July 31, 2020	Filing 43 ORDER granting #42 Motion for Extension of Time to Answer re #36 Amended Complaint. Defendant Eli Lilly and Company shall have up to and including August 25, 2020 to respond to SensorRx's Amended Complaint. Signed by Magistrate Judge David Keesler on 7/31/20. (mga)
July 30, 2020	Filing 42 MOTION for Extension of Time to Answer re: #36 Amended Complaint by Eli Lilly and Company. (Bustamante, Travis). Motions referred to David Keesler.
July 28, 2020	Filing 41 PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 7/28/20. (mga)
July 28, 2020	Filing 40 ORDER granting #39 SensorRx, Inc's Motion for Entry of Protective Order. Signed by Magistrate Judge David Keesler on 7/28/20. (mga)
July 24, 2020	Filing 39 MOTION for Protective Order by SensorRx, Inc.. Responses due by 8/7/2020 (Attachments: #1 Exhibit Protective Order)(Geer, Martha). Motions referred to David Keesler.
July 20, 2020	Filing 38 NOTICE of Filing of Amended Complaint by SensorRx, Inc. re #36 Amended Complaint (Geer, Martha)
July 20, 2020	Filing 37 Notice of Withdrawal of document by SensorRx, Inc. ***Documents terminated: #5 MOTION for Preliminary Injunction filed by SensorRx, Inc.. (Geer, Martha)
July 20, 2020	Filing 36 AMENDED COMPLAINT with Jury Demand against Eli Lilly and Company, filed by SensorRx, Inc..(Geer, Martha)
July 8, 2020	NOTICE of Hearing: Status Conference set for 8/11/2020 10:00 AM in Courtroom 2-1, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. Parties to participate via Zoom. Parties will receive Zoom invitation via e-mail. This is your only notice - you will not receive a separate document.(brl)
June 29, 2020	Filing 35 Miscellaneous Filing by SensorRx, Inc.. Joint Request for A Status Conference (Attachments: #1 Exhibit A - Opinion)(Geer, Martha)
February 7, 2020	Filing 34 NOTICE of Firm Name Change and Email Contact Change by Eli Lilly and Company (Bustamante, Travis)
January 31, 2020	Filing 33 STATUS REPORT by Eli Lilly and Company (Attachments: #1 Exhibit)(Bustamante, Travis)
January 3, 2020	Filing 32 ORDER STAYING CASE pending resolution by the Indiana District Court of SensorRxs motion to dismiss or transfer venue in the Indiana Action. The January 15, 2020 hearing on SensorRxs Motion for Preliminary Injunction is CANCELLED; and the parties shall file a joint status report within thirty (30) days of the date of this Order. Signed by District Judge Robert J. Conrad, Jr on 1/2/2020. (ams)
January 3, 2020	NOTICE of Cancellation of Motion Hearing scheduled for 1/15/2020 (brl)
January 3, 2020	Set/Reset Deadlines: Status Report due by 2/2/2020. (ams)
January 2, 2020	Filing 31 ORDER granting #29 Motion for Leave to Appear Pro Hac Vice. Andrew M. McCoy is hereby admitted pro hac vice to represent Eli Lilly and Company. Signed by Magistrate Judge David Keesler on 1/2/20. (mga)
January 2, 2020	Filing 30 ORDER granting #28 Motion for Leave to Appear Pro Hac Vice. Deborah A. Ellingboe is hereby admitted pro hac vice to represent Defendant Eli Lilly and Company. Signed by Magistrate Judge David Keesler on 1/2/20. (mga)
January 2, 2020	Filing 29 MOTION for Leave to Appear Pro Hac Vice as to Andrew M. McCoy Filing fee $ 281, receipt number 0419-4319078. by Eli Lilly and Company. (Bustamante, Travis). Motions referred to David Keesler.
January 2, 2020	Filing 28 MOTION for Leave to Appear Pro Hac Vice as to Deborah A. Ellingboe Filing fee $ 281, receipt number 0419-4319061. by Eli Lilly and Company. (Bustamante, Travis). Motions referred to David Keesler.
January 2, 2020	Notice to Faegre Baker Daniels: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 1/9/2020. (mga)
January 2, 2020	Notice to Andrew M. McCoy: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 1/9/2020. (mga)
December 30, 2019	Filing 27 REPLY to Response to Motion re #7 MOTION to Dismiss by Eli Lilly and Company. (Attachments: #1 Exhibit 1- 2019.12.13 #27 Memo in Support re #26 MTD, #2 Exhibit 2- Dzeda Linkedin)(Bustamante, Travis)
December 30, 2019	Filing 26 MOTION for Hearing re Notice of Hearing on Motion, Motion for Status Conference by Eli Lilly and Company. Responses due by 1/13/2020 (Bustamante, Travis)
December 24, 2019	Filing 25 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction by SensorRx, Inc.. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Declaration, #3 Exhibit 3 - Email, #4 Exhibit 4 - Terms & Conditions, #5 Exhibit 5 - Email, #6 Exhibit 6 - Email, #7 Exhibit 7 - Email, #8 Exhibit 8 - Email)(Geer, Martha)
December 23, 2019	NOTICE of Hearing on Motion re: #5 MOTION for Preliminary Injunction : Motion Hearing set for 1/15/2020 10:00 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)
December 19, 2019	Filing 24 RESPONSE in Opposition re #7 MOTION to Dismiss by SensorRx, Inc.. Replies due by 12/30/2019 (Attachments: #1 Exhibit 1- Letter to Averie K. Hason 9-15-19, #2 Exhibit 2 - Retention Demand and response from GC, #3 Exhibit 3- Emails after 09-15-19 through 10-24-19, #4 Exhibit 4- A. Hason 10-29-19 Email, #5 Exhibit 5- M. Geer Email to A. Hason 11-3-19, #6 Exhibit 6- Emails between A. Hason and M. Geer re 11-14--19 Meeting, #7 Exhibit 7- Grimsrud Email 11-14-19, #8 Exhibit 8- 2019.11.14 Letter from T. Grimsrud to M. Geer re Eli Lilly and Company v SensorRx Inc, #9 Exhibit 9 - Motion for EOT to Answer Complaint, #10 Exhibit 10- 12.4.19 Letter to T. Grimsrud, #11 Exhibit 11- Grimsrud Email 12-11-19, #12 Exhibit 12- SensorRx's Memo ISO Motion to Dismiss, #13 Exhibit 13 - Declaration Martha Geer)(Geer, Martha) (Attachment 2 replaced on 12/20/2019) (brj).
December 17, 2019	Filing 23 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction by Eli Lilly and Company. Replies due by 12/24/2019 (Attachments: #1 Exhibit 1- Declaration of Charles Haddad iso Opposition to Preliminary Injunction, #2 Exhibit 2- Declaration of Katie Hewitt iso Opposition to Preliminary Injunction_Executed, #3 Exhibit 3- August 9, 2018 Email to Katie Hewitt, #4 Exhibit 4- August 23, 2018 Email to Katie Hewitt, #5 Exhibit 5- September 20, 2018 Email to Katie Hewitt, #6 Exhibit 6- Mutual Confidentiality Agreement, #7 Exhibit 7- Connie Mitchell, Migraine Tech Tools, Ladue News, Sept. 6, 2018, #8 Exhibit 8- SensorRx US10473955, #9 Exhibit 9- September 15, 2019 Letter from M. Geer to A. Hason regarding initial issues)(Bustamante, Travis) (Attachment 1 replaced on 12/18/2019) (ctb).
December 13, 2019	Filing 22 Corporate Disclosure Statement by Eli Lilly and Company (Bustamante, Travis)
December 13, 2019	Filing 21 ORDER granting #17 Motion for Leave to Appear Pro Hac Vice. John C. Whitfield is hereby admitted pro hac vice to represent Plaintiff SensorRx, Inc. Signed by Magistrate Judge David Keesler on 12/13/19. (mga)
December 13, 2019	Filing 20 ORDER granting #16 Motion for Leave to Appear Pro Hac Vice. Caroline R. Taylor is hereby admitted pro hac vice to represent Plaintiff SensorRx, Inc. Signed by Magistrate Judge David Keesler on 12/13/19. (mga)
December 13, 2019	Filing 19 ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. Harmony A. Mappes is hereby admitted pro hac vice to represent Defendant Eli Lilly and Company. Signed by Magistrate Judge David Keesler on 12/13/19. (mga)
December 13, 2019	Filing 18 ORDER granting #14 Motion for Leave to Appear Pro Hac Vice. Timothy E. Grimsrud is hereby admitted pro hac vice to represent Defendant Eli Lilly and Company. Signed by Magistrate Judge David Keesler on 12/13/19. (mga)
December 13, 2019	Filing 17 MOTION for Leave to Appear Pro Hac Vice as to John C. Whitfield Filing fee $ 281, receipt number 0419-4298747. by SensorRx, Inc.. (Williams, Jeremy). Motions referred to David Keesler.
December 13, 2019	Filing 16 MOTION for Leave to Appear Pro Hac Vice as to Caroline R. Taylor Filing fee $ 281, receipt number 0419-4298745. by SensorRx, Inc.. (Williams, Jeremy). Motions referred to David Keesler.
December 13, 2019	Notice to Timothy E. Grimsrud: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Use one of these links to retrieve Case Assignment Packet - Electronic: #www.ncwd.uscourts.gov/ecfdocs/ECF.caseassignmentnotice.pdf or Conventional: #www.ncwd.uscourts.gov/ecfdocs/case_assignment_package.pdf. Deadline by 12/20/2019. (mga)
December 13, 2019	Notice to Caroline R. Taylor: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/20/2019. (mga)
December 13, 2019	Notice to John C. Whitfield: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/20/2019. (mga)
December 13, 2019	Notice to Harmony A. Mappes: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/20/2019. (mga)
December 12, 2019	Filing 15 MOTION for Leave to Appear Pro Hac Vice as to Harmony A. Mappes Filing fee $ 281, receipt number 0419-4297803. by Eli Lilly and Company. (Bustamante, Travis). Motions referred to David Keesler.
December 12, 2019	Filing 14 MOTION for Leave to Appear Pro Hac Vice as to Timothy E. Grimsrud Filing fee $ 281, receipt number 0419-4297793. by Eli Lilly and Company. (Bustamante, Travis). Motions referred to David Keesler.
December 12, 2019	Filing 13 NOTICE of Appearance by Anna C. Majestro on behalf of Eli Lilly and Company (Majestro, Anna)
December 9, 2019	Filing 12 REPLY to Response to Motion re #9 MOTION for Extension of Time to File Response/Reply re: #5 MOTION for Preliminary Injunction by Eli Lilly and Company. (Attachments: #1 Exhibit 1 - Eli Lilly and Co v. Sensorrx - Notice #17 )(Bustamante, Travis)
December 9, 2019	Filing 11 ORDER granting with modification #9 Motion for Extension of Time to File Response/Reply re #5 MOTION for Preliminary Injunction . Responses due by 12/17/2019. Signed by Magistrate Judge David Keesler on 12/9/19. (mga)
December 9, 2019	Filing 10 RESPONSE in Opposition re #9 MOTION for Extension of Time to File Response/Reply re: #5 MOTION for Preliminary Injunction by SensorRx, Inc.. Replies due by 12/16/2019 (Attachments: #1 Ex. 1- Letter to Averie K. Hason 9-15-19, #2 Ex. 2- A. Hason 10-29-19 Email, #3 Ex. 3- Grimsrud Email 11-22-19, #4 Ex. 4- Declaration of MAG)(Geer, Martha)
December 5, 2019	Filing 9 MOTION for Extension of Time to File Response/Reply re: #5 MOTION for Preliminary Injunction by Eli Lilly and Company. Responses due by 12/19/2019 (Attachments: #1 Proposed Order)(Bustamante, Travis). Motions referred to David Keesler.
December 5, 2019	Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss by Eli Lilly and Company. (Attachments: #1 Exhibit Indiana Complaint, #2 Exhibit Declaration of Katie Hewitt, #3 Exhibit 5/28/19 Email, #4 Exhibit 5/30/19 Email, #5 Exhibit 9/15/19 Letter from Cohen Milstein, #6 Exhibit 11/4/19 PricewaterhouseCoopers Letter, #7 Exhibit S.D. Ind. Case No. 19cv4550 Docket, #8 Exhibit Declaration of Charles Haddad, #9 Exhibit Mutuality Confidentiality Agreement)(Bustamante, Travis)
December 5, 2019	Filing 7 MOTION to Dismiss by Eli Lilly and Company. Responses due by 12/19/2019 (Bustamante, Travis). Motions referred to David Keesler.
December 3, 2019	Filing 6 NOTICE of Appearance by Clifford C. Marshall, Jr on behalf of SensorRx, Inc. (Marshall, Clifford)
November 27, 2019	Filing 5 MOTION for Preliminary Injunction by SensorRx, Inc.. Responses due by 12/11/2019 (Attachments: #1 Memorandum In Support, #2 Exhibit Declaration of Dr. George McLendon)(Geer, Martha)
November 27, 2019	Filing 4 NOTICE of Appearance by Martha Anne Geer on behalf of SensorRx, Inc. (Geer, Martha)
November 25, 2019	Filing 3 Summons Issued Electronically as to Eli Lilly and Company. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ctb)
November 22, 2019	Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(ctb)
November 22, 2019	Filing 2 Corporate Disclosure Statement by SensorRx, Inc. (Williams, Jeremy)
November 22, 2019	Filing 1 COMPLAINT against Eli Lilly and Company with Jury Demand ( Filing fee $ 400 receipt number 0419-4273061), filed by SensorRx, Inc.. (Attachments: #1 Cover Sheet)(Williams, Jeremy)

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Defendant: Eli Lilly and Company
Represented By:	Timothy E. Grimsrud
Represented By:	Andrew M. McCoy
Represented By:	Deborah A. Ellingboe
Represented By:	Anna C. Majestro
Represented By:	Harmony A. Mappes
Represented By:	Travis Andrew Bustamante
Represented By:	Joshua Mahoney
Represented By:	David J.F. Gross
Represented By:	Sami K. Al-Marzoog
Represented By:	Julie B. Wahlstrand
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Plaintiff: SensorRx, Inc.
Represented By:	Jeremy R. Williams
Represented By:	Martha Anne Geer
Represented By:	John Cleveland Whitfield
Represented By:	Clifford C. Marshall, Jr.
Represented By:	Caroline Ramsey Taylor
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