Envision Pharmaceutical Services, LLC v. Horizon Pharma USA, Inc.
Plaintiff: Envision Pharmaceutical Services, LLC
Defendant: Horizon Pharma USA, Inc.
Case Number: 5:2016cv02370
Filed: September 26, 2016
Court: US District Court for the Northern District of Ohio
Office: Akron Office
County: Cuyahoga
Presiding Judge: Sara Lioi
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09 U.S.C. ยง 1
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 9, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2016 Filing 17 Judgment Entry: For the reasons set forth in the contemporaneously filed Memorandum Opinion and Order, this case is dismissed without prejudice on the basis that this Court lacks jurisdiction. (Related Doc #16 ). Judge Sara Lioi on 12/9/2016. (P,J)
December 9, 2016 Filing 16 Memorandum Opinion and Order: The Court will grant the motion to dismiss without prejudice. It is premature, however, to decide whether Horizon would be entitled to fees and/or costs, and such entitlement would not be a foregone conclusion merely because Envision filed a case that lacked diversity jurisdiction. If Horizon files a post-judgment motion for statutory costs, the Court will take it under advisement after briefing. It is the Court's hope, however, that the parties will reach a mutually satisfactory resolution to the issue of the propriety of fees without the need for Court involvement. (Related Doc #10 ). Judge Sara Lioi on 12/9/2016. (P,J)
December 8, 2016 Filing 15 Corporate Disclosure Statement identifying Corporate Parent Rite Aid Corporation for Envision Pharmaceutical Services, LLC filed by Envision Pharmaceutical Services, LLC. (Rollinson, James)
December 8, 2016 Filing 14 Motion for leave to File, Instanter, Reply to Respondent's Reply in Support of its Motion to Dismiss filed by Petitioner Envision Pharmaceutical Services, LLC. Related document(s) #13 . (Attachments: #1 Exhibit 1 Proposed Response to Reply)(Rollinson, James)
December 6, 2016 Filing 13 Reply in support of #10 Motion to dismiss the Petition to Compel Arbitration for lack of diversity subject matter jurisdiction filed by Horizon Pharma USA, Inc.. (Antia, Mazda)
December 2, 2016 Filing 12 Response to #10 Motion to dismiss the Petition to Compel Arbitration for lack of diversity subject matter jurisdiction filed by Envision Pharmaceutical Services, LLC. (Rollinson, James)
November 15, 2016 Filing 11 Memorandum and Points of Authority in Opposition to Petition to Compel Arbitration filed by Horizon Pharma USA, Inc.. Related document(s) #1 . (Attachments: #1 Declaration of S. Lo Faso, #2 Exhibit 1 to Decl. of S. Lo Faso, #3 Declaration of D. Poedtke, #4 Declaration of E. Moraitis) (Antia, Mazda) Modified text to match document on 11/16/2016 (H,KR).
November 15, 2016 Filing 10 Motion to dismiss the #1 Petition to Compel Arbitration for lack of diversity subject matter jurisdiction filed by Respondent Horizon Pharma USA, Inc.. (Attachments: #1 Exhibit 1 - Business Entity Information, #2 Exhibit 2 - Entity Details, #3 Exhibit 3 - Financial Statements, #4 Exhibit 4 - Entity Details, #5 Exhibit 5 - Entity Details, #6 Exhibit 6 - Entity Details, #7 Exhibit 7 - Entity Details, #8 Exhibit 8 - Corporation Details)(Antia, Mazda) Modified text and exhibit names on 11/16/2016 (H,KR).
November 15, 2016 Filing 9 Corporate Disclosure Statement identifying Corporate Parent Horizon Pharma plc for Horizon Pharma USA, Inc. filed by Horizon Pharma USA, Inc.. (Antia, Mazda)
November 7, 2016 Opinion or Order Filing 8 Order denying petitioner's motion for a telephone conference. (Related Doc #7 ). Judge Sara Lioi on 11/7/2016.(P,J)
October 28, 2016 Filing 7 Motion for Telephonic Attorney Conference filed by Petitioner Envision Pharmaceutical Services, LLC. (Rollinson, James)
October 24, 2016 Opinion or Order Order [non-document] granting motion for appearance pro hac vice by attorney Mazda K. Antia for Horizon Pharma USA, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #6 ). Judge Sara Lioi on 10/24/2016.(P,J)
October 20, 2016 Filing 6 Motion for attorney Mazda K. Antia to Appear Pro Hac Vice. Filing fee $ 120, receipt number 647-7861626, filed by Respondent Horizon Pharma USA, Inc. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Cabrera, Natalia) Modified to correct receipt number on 10/20/2016 (G,CA).
October 19, 2016 Opinion or Order Order [non-document] granting #5 Motion to Extend Deadline until 11/15/2016 to respond re #1 Verified Petition to Compel Arbitration. Judge Sara Lioi on 10/19/2016. (D,S)
October 18, 2016 Filing 5 Unopposed Motion for extension of time to respond until November 15, 2016 filed by Respondent Horizon Pharma USA, Inc.. Related document(s) #1 . (Cabrera, Natalia) Modified text to match document on 10/19/2016 (H,KR).
October 6, 2016 Filing 4 Return of Service by Clerk by certified mail executed upon Horizon Pharma USA, Inc., no date of service indicated on green card, filed on behalf of Envision Pharmaceutical Services, LLC Related document(s) #2 . (S,SR)
September 30, 2016 Service by Clerk. Summons and Complaint addressed to Horizon Pharma USA, Inc. placed in U.S. Mail. Type of service: certified mail. Receipt # 70081300000121215180. (S,SR)
September 28, 2016 Filing 3 Initial Standing Order. Judge Sara Lioi on 9/28/2016. (P,J)
September 26, 2016 Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Horizon Pharma USA, Inc. (Attachments: #1 Magistrate Consent Form) (S,SR)
September 26, 2016 Filing 1 Verified Petition to Compel Arbitration against Horizon Pharma USA, Inc. Filing fee paid $ 400, Receipt number 0647-7821853. Filed by Envision Pharmaceutical Services, LLC. (Attachments: #1 Exhibit A (Rebate Agreement), #2 Exhibit B (Moraitis Email), #3 Exhibit C (Rollinson Letter), #4 Exhibit D (Antia Email), #5 Civil Cover Sheet, #6 Summons, #7 Brief in Support) (Rollinson, James) Modified text on 9/26/2016 (S,SR).
September 26, 2016 Judge Sara Lioi assigned to case. (S,SR)
September 26, 2016 Notice by Clerk that Envision Pharmaceutical Services, LLC failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,SR)
September 26, 2016 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (S,SR)

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