FS Medical Supplies, LLC v. Tanner Pharma UK Limited et al
| FS Medical Supplies, LLC |
| Tanner Pharma UK Limited, Raymond Fairbanks Bourne, Mary Everett Bourne, Mary Everett Whitehurst Bourne, Banks Bourne and Molly Bourne |
| 3:2023cv00598 |
| September 20, 2023 |
| US District Court for the Western District of North Carolina |
| Robert J Conrad |
| W Carleton Metcalf |
| Graham Mullen |
| Susan C Rodriguez |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.
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Filing 45
Miscellaneous Filing by FS Medical Supplies, LLC. Request for Initial Pretrial Conference (Erwin, Lex)
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Filing 44
Joint CERTIFICATION of initial attorney conference and discovery plan (Erwin, Lex)
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Filing 43
NOTICE of Appearance by Emma Westbrook Perry on behalf of Raymond Fairbanks Bourne, Mary Everett Whitehurst Bourne (Perry, Emma)
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NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 11/17/2023. (mdp)
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Filing 42
ANSWER to #33 Amended Complaint by Raymond Fairbanks Bourne, Mary Everett Whitehurst Bourne.(Merritt, Mark)
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Filing 41
ANSWER to #33 Amended Complaint by Tanner Pharma UK Limited.(Kutrow, Bradley)
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Filing 40
TRANSCRIPT of Motion Hearing for Temporary Restraining Order and Preliminary Injunction held on 10/11/2023 before Judge Robert J. Conrad, Jr.. Court Reporter Rebecca Maxcy, telephone number 704-350-7493. 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 1/16/2024. (thh)
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Filing 39
ORDER denying #5 Motion for a Temporary Restraining Order and Preliminary Injunction; and denying #7 Motion for Discovery to be Conducted Early. Signed by Senior Judge Robert J. Conrad, Jr on 10/13/2023. (mdp)
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Filing 37
DELETED ENTRY- ENTRY ENTERED IN ERROR.
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Minute Entry: MOTION HEARING held before Senior Judge Robert J. Conrad, Jr. Oral Order denying the Motion for TRO and Preliminary Junction. Written order to be issued. . Plaintiffs attorney: Lex M. Erwin, Kent A. Yalowitz. Defendants attorney: Mark William Merritt, Bradley R. Kutrow. Court reporter: Rebecca Maxcy. (mdp) Modified on 10/12/2023 (mdp).
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Filing 36
REPLY to Response to Motion re #7 MOTION for Discovery to be Conducted Early Pursuant to Local Rule 16.1(f) by FS Medical Supplies, LLC. (Zhao, Kevin)
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Filing 35
NOTICE of Appearance by Kelly Anderson Warlich on behalf of Tanner Pharma UK Limited (Warlich, Kelly)
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Filing 34
NOTICE of Appearance by James Dickson Phillips, III on behalf of Raymond Fairbanks Bourne, Mary Everett Whitehurst Bourne (Phillips, James)
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Filing 33
AMENDED COMPLAINT with Jury Demand against All Defendants, filed by FS Medical Supplies, LLC. (Attachments: #1 Exhibit A)(Zhao, Kevin)
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Filing 32
NOTICE of Supplemental Evidence Regarding Further Dissipation Of Assets by FS Medical Supplies, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Zhao, Kevin)
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Filing 31
DECLARATION of John Bly re #29 Response in Opposition to Motion filed by Raymond Fairbanks Bourne, Mary Everett Whitehurst Bourne (Merritt, Mark)
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Filing 30
DECLARATION of Raymond Fairbanks Bourne re #29 Response in Opposition to Motion filed by Raymond Fairbanks Bourne, Mary Everett Whitehurst Bourne (Merritt, Mark)
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Filing 29
RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order MOTION for Permanent Injunction by Raymond Fairbanks Bourne, Mary Everett Whitehurst Bourne. Replies due by 10/12/2023 (Merritt, Mark)
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Filing 28
RESPONSE in Opposition re #7 MOTION for Discovery to be Conducted Early Pursuant to Local Rule 16.1(f) (Defendants Tanner Pharma UK Limited, Raymond Fairbanks Bourne, and Mary Everett Whitehurst Bourne's Joint Response in Opposition to FSMS's Motion for Leave to Conduct Early Discovery) by Tanner Pharma UK Limited. Replies due by 10/12/2023 (Kutrow, Bradley)
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Filing 27
RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order MOTION for Permanent Injunction by Tanner Pharma UK Limited. Replies due by 10/12/2023 (Attachments: #1 Exhibit A: Declaration of Cameron Harcourt, #2 Exhibit B: Declaration of Laird Cagan, #3 Exhibit C: Declaration of Christopher Osborne, #4 Exhibit D: Declaration of Jonathan Bracey)(Kutrow, Bradley)
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Filing 26
AFFIDAVIT of Service filed by FS Medical Supplies, LLC. Raymond Fairbanks Bourne served on 9/26/2023, answer due 10/26/2023; Tanner Pharma UK Limited served on 9/26/2023, answer due 10/26/2023; Mary Everett Whitehurst Bourne served on 9/26/2023, answer due 10/26/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Erwin, Lex)
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Filing 25
REPLY to Response to Motion re #8 MOTION for Hearing re #7 MOTION for Discovery to be Conducted Early Pursuant to Local Rule 16.1(f), #5 MOTION for Temporary Restraining Order MOTION for Permanent Injunction and MOTION to Expedite Briefing by FS Medical Supplies, LLC. (Erwin, Lex)
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Case reassigned to US Magistrate Judge W. Carleton Metcalf. US Magistrate Judge Susan C. Rodriguez no longer assigned to the case due to conflict. This is your only notice - you will not receive a separate document.(thh)
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Filing 24
Disclosure Statement of Citizenship of Party or Intervenor by Tanner Pharma UK Limited. (Kutrow, Bradley)
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Filing 23
Corporate Disclosure Statement by Tanner Pharma UK Limited. (Kutrow, Bradley)
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Filing 22
RESPONSE to Motion re #8 MOTION for Hearing re #7 MOTION for Discovery to be Conducted Early Pursuant to Local Rule 16.1(f), #5 MOTION for Temporary Restraining Order MOTION for Permanent Injunction and MOTION to Expedite Briefing [JOINDER OF DEFENDANTS RAYMOND FAIRBANKS BOURNE AND MARY EVERETT WHITEHURT BOURNE TO TANNER PHARMA UK LIMITED'S RESPONSE [ECF NO. 19] TO FSMS'S MOTION TO SET CONFERENCE] by Raymond Fairbanks Bourne, Mary Everett Whitehurst Bourne. Replies due by 10/4/2023 (Merritt, Mark)
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Filing 21
Disclosure Statement of Citizenship of Party or Intervenor by Mary Everett Whitehurst Bourne. (Tucker, Anna)
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Filing 20
Disclosure Statement of Citizenship of Party or Intervenor by Raymond Fairbanks Bourne. (Tucker, Anna)
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Filing 19
RESPONSE to Motion re #8 MOTION for Hearing re #7 MOTION for Discovery to be Conducted Early Pursuant to Local Rule 16.1(f), #5 MOTION for Temporary Restraining Order MOTION for Permanent Injunction and MOTION to Expedite Briefing by Tanner Pharma UK Limited. Replies due by 10/4/2023 (Attachments: #1 Exhibit A - FSMS I Amended Complaint, #2 Exhibit B - FSMS Ex Parte Application for TRO and Order, #3 Exhibit C - Transcript of 4.19.2023 Hearing)(Kutrow, Bradley)
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Filing 18
MOTION for Extension of Time to Respond to the Complaint, Motion for Temporary Restraining Order and Preliminary Injunction, and Motion for Early Discovery by Tanner Pharma UK Limited. Responses due by 10/11/2023 (Kutrow, Bradley). Modified to remove referral on 9/27/2023 (brl).
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Filing 17
NOTICE of Appearance by Anna Claire Tucker on behalf of Raymond Fairbanks Bourne, Mary Everett Whitehurst Bourne (Tucker, Anna)
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Filing 16
NOTICE of Appearance by Mark William Merritt on behalf of Raymond Fairbanks Bourne, Mary Everett Whitehurst Bourne (Merritt, Mark)
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TEXT-ONLY ORDER: Defendants' #18 Motion for Extension of Time to Respond to the Complaint, Motion for Temporary Restraining Order and Preliminary Injunction, and Motion for Early Discovery is GRANTED IN PART. Specifically, the motion is GRANTED as to Defendants' Motion for Extension of Time to Respond to the Complaint. Defendants shall file an answer to the Complaint by 10/26/2023. Otherwise, the motion is DENIED and Defendants shall file their Reponses to the Motion for Temporary Restraining Order and Preliminary Injunction and Motion for Early Discovery by 10/5/2023. Entered by Senior Judge Robert J. Conrad, Jr on 9/27/2023. (brl) Modified text on 9/28/2023 (brl).
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Filing 15
NOTICE of Appearance by Jessica Lynn O'Brien on behalf of Tanner Pharma UK Limited (O'Brien, Jessica)
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Filing 14
NOTICE of Appearance by Brian Andrew Kahn on behalf of Tanner Pharma UK Limited (Kahn, Brian)
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Filing 13
NOTICE of Appearance by Bradley R. Kutrow on behalf of Tanner Pharma UK Limited (Kutrow, Bradley)
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Filing 12
ORDER granting #9 , #10 and #11 Motion for Leave to Appear Pro Hac Vice added Eliseo R. Puig, Carmela T. Romeo, and Kent A. Yalowitz for FS Medical Supplies, LLC. Signed by US Magistrate Judge Susan C. Rodriguez on 9/26/2023. (brl)
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Case reassigned to Senior Judge Robert J. Conrad, Jr. Senior Judge Graham Mullen no longer assigned to the case. This is your only notice - you will not receive a separate document.(brl)
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NOTICE of Hearing on Motion re: #5 MOTION for Temporary Restraining Order MOTION for Permanent Injunction , #7 MOTION for Discovery to be Conducted Early Pursuant to Local Rule 16.1(f) : Motion Hearing set for 10/11/2023 11:00 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(mdp)
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Filing 11
MOTION for Leave to Appear Pro Hac Vice as to Kent A. Yalowitz Filing fee $ 288, receipt number ANCWDC-6232607. by FS Medical Supplies, LLC. (Zhao, Kevin). Motions referred to Susan C. Rodriguez.
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Filing 10
MOTION for Leave to Appear Pro Hac Vice as to Carmela T. Romeo Filing fee $ 288, receipt number ANCWDC-6232592. by FS Medical Supplies, LLC. (Zhao, Kevin). Motions referred to Susan C. Rodriguez.
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Filing 9
MOTION for Leave to Appear Pro Hac Vice as to Eliseo R. Puig Filing fee $ 288, receipt number ANCWDC-6232568. by FS Medical Supplies, LLC. (Zhao, Kevin). Motions referred to Susan C. Rodriguez.
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Filing 8
MOTION for Hearing re #7 MOTION for Discovery to be Conducted Early Pursuant to Local Rule 16.1(f), #5 MOTION for Temporary Restraining Order MOTION for Permanent Injunction and MOTION to Expedite Briefing by FS Medical Supplies, LLC. Responses due by 10/5/2023 (Zhao, Kevin)
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Filing 7
MOTION for Discovery to be Conducted Early Pursuant to Local Rule 16.1(f) by FS Medical Supplies, LLC. Responses due by 10/5/2023 (Zhao, Kevin). Motions referred to Susan C. Rodriguez.
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Filing 6
MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order MOTION for Permanent Injunction by FS Medical Supplies, 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)(Zhao, Kevin)
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Filing 5
MOTION for Temporary Restraining Order , MOTION for Permanent Injunction by FS Medical Supplies, LLC. Responses due by 10/5/2023 (Zhao, Kevin) Modified termination date on 10/12/2023 (mdp).
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Filing 4
Summons Issued Electronically as to Mary Everett Bourne, Raymond Fairbanks Bourne, Tanner Pharma UK Limited. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (jm)
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Filing 3
Disclosure Statement of Citizenship of Party or Intervenor by FS Medical Supplies, LLC. (Zhao, Kevin)
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Filing 2
Corporate Disclosure Statement by FS Medical Supplies, LLC. (Zhao, Kevin)
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Filing 1
COMPLAINT against FS Medical Supplies, LLC with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-6228561), filed by FS Medical Supplies, LLC. (Attachments: #1 Exhibit A)(Zhao, Kevin)
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Case assigned to Senior Judge Graham Mullen and US Magistrate Judge Susan C. Rodriguez. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(jm)
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