Concordia Pharmaceuticals Inc et al v. Lazarus Pharmaceuticals Inc et al
Plaintiff: Concordia Pharmaceuticals Inc, Concordia International Corp, S.A.R.L., Concordia Pharmaceuticals (US) Inc and Concordia Pharmaceuticals Inc SARL
Defendant: Cameron Pharmaceuticals LLC, Lazarus Pharmaceuticals Inc and Mark Thompson
Counter Claimant: Jean Paul Laurin
Not Classified By Court: Attorney Fred W Suggs, Jr
Counter Defendant: Advanz Pharma Corp
Case Number: 6:2018cv01658
Filed: June 16, 2018
Court: US District Court for the District of South Carolina
Office: Greenville Office
County: Greenville
Presiding Judge: Donald C Coggins
Referring Judge: Joseph Dawson
2 Judge: Henry M Herlong
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2021 Opinion or Order Filing 318 ORDER, DISMISSED with prejudice, and all parties shall bear their own fees and costs. Signed by Honorable Joseph Dawson, III on 4/13/21. (rweb, ) Modified on 4/14/2021 to edit text(rweb, ).
April 1, 2021 Opinion or Order Filing 316 STIPULATION of Dismissal With Prejudice by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. (Attachments: #1 Proposed Order for Dismissal with Prejudice)(Few, Wesley)
March 11, 2021 Opinion or Order Filing 315 FIFTH AMENDED SCHEDULING ORDER. Motion in Limine due by 4/16/2021, Objections to Rule 26(a)(3) Disclosures due by 4/26/2021, Pretrial Briefs due by 5/3/2021, Jury Selection Deadline 5/10/2021, Signed by Honorable Joseph Dawson, III on 3/11/21. (rweb, ) Modified on 3/11/2021 to edit text (rweb, ).
March 10, 2021 Opinion or Order Filing 314 Letter from S. Lloyd Smith. (Few, Wesley)
March 10, 2021 Opinion or Order Filing 313 TEXT ORDER granting #312 Joint Motion to Extend Time. Signed by Honorable Joseph Dawson, III on 3/10/21. (rweb, )
March 8, 2021 Opinion or Order Filing 312 Consent MOTION for Extension of Time ( Response to Motion due by 3/22/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ), Consent MOTION for Extension of Time to File Response/Reply by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. (Attachments: #1 Proposed Order Proposed Order for Extension of Time to Respond, #2 Proposed Order Proposed Fifth Amended Scheduling Order)No proposed order.(Few, Wesley)
March 7, 2021 Opinion or Order Filing 311 Defendants' Amended RULE 26(a)(3)PRETRIAL DISCLOSURES by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Objections to PreTrial Disclosures due by 3/22/2021.(Smith, Joseph)
March 5, 2021 Opinion or Order Filing 310 Defendants' RULE 26(a)(3)PRETRIAL DISCLOSURES by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Objections to PreTrial Disclosures due by 3/19/2021.(Smith, Joseph)
March 5, 2021 Opinion or Order Filing 309 RULE 26(a)(3)PRETRIAL DISCLOSURES by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Objections to PreTrial Disclosures due by 3/19/2021.(Few, Wesley)
March 3, 2021 Opinion or Order Filing 308 Letter from Joseph Smith. (Attachments: #1 Exhibit Summary Judgment Order in Concordia v. Winder)(Smith, Joseph)
February 24, 2021 Opinion or Order Filing 306 SEALED MOTION by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 3/10/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 7 - 5.8.17 Email, #2 Exhibit 8 - Adolfo Ramirez Declaration, #3 Exhibit 10 - 2nd O'Neil Declaration, #4 Exhibit 11 - 3.19.14 Purchase and Sale Agreement, #5 Exhibit 13 - Manufacturing Supply Agreement, #6 Exhibit 18 - 3.31.17 Email, #7 Exhibit 19 - 1.23.17 Email, #8 Exhibit 20 - 2.7.17 Email, #9 Exhibit 21 - 2.13.17 Email, #10 Exhibit 22 - Metadata File, #11 Exhibit 23 - 2.20.17 Email, #12 Exhibit 24 - 2.27.17 Email, #13 Exhibit 25 - 3.12.17 Email, #14 Exhibit 26 - 3.24.17 Email, #15 Exhibit 27 - 3.25.17 Email, #16 Exhibit 29 - 4.21.17 Email, #17 Exhibit 31 - 5.6.17 Email, #18 Exhibit 32 - Thompson Depo. Excerpts, #19 Exhibit 33 - 6.22.17 Email, #20 Exhibit 34 - Laurin Depo. Excerpts, #21 Exhibit 35 - Manufacturing Supply Agreement, #22 Exhibit 36 - Quality Agreement, #23 Exhibit 37 - Master Batch Record - Manufacturing Instructions, #24 Exhibit 38 - Purchase Order, #25 Exhibit 39 - 10.17.17 Email, #26 Exhibit 40 - 10.19. 17 Email, #27 Exhibit 41 - Master Batch Record, #28 Exhibit 43 - 10.27.15 Proposal, #29 Exhibit 46 - Lazarus Depo. Excerpts, #30 Exhibit 47 - 9.15.17 Email)No proposed order.(Few, Wesley)
February 24, 2021 Opinion or Order Filing 305 Sealed Document (Response in Opposition) in re document #279 Motion for Summary Judgment. (Attachments: #1 Exhibit A - M. Thompson Transcript, #2 Exhibit B - Hullett Declaration, #3 Exhibit C - Reisetter Declaration, #4 Exhibit D - The Orange Book Listing, #5 Exhibit E - Sterling - Lazarus Tablet Manufacturing Agreement, #6 Exhibit F - Flynn - Laurin Texts 2019) Refiled to correct event type.(abuc)
February 19, 2021 Opinion or Order Filing 304 TEXT ORDER granting #273 , #275 , #277 , #285 , #286 , and #294 unopposed Motions to Seal. Signed by Honorable Joseph Dawson, III on 2/19/21.(rweb, )
February 5, 2021 Opinion or Order Filing 303 NOTICE of Hearing: Telephone Status Conference set for 2/9/2021 01:30 PM before Honorable Joseph Dawson III. Counsel is directed to dial into: 425-436-6308, using access code: 427608. (rweb, )
February 2, 2021 Opinion or Order Filing 302 TEXT ORDER granting #301 Motion for Hearing. Notice to follow. Signed by Honorable Joseph Dawson, III on 2/2/21.(rweb, )
January 25, 2021 Opinion or Order Filing 301 Joint MOTION for Hearing (Status Conference) by Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL, Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 2/8/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(kmca) Re-filed by clerk to correct event at request of filing user (kmca)
January 25, 2021 Opinion or Order Filing 301 STATUS REPORT Joint by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. (Smith, Joseph)
January 15, 2021 Opinion or Order Filing 299 NOTICE OF CHANGE OF CASE NUMBER from Case Number 6:18-cv-01658-DCC to 6:18-cv-01658-JD. (rweb, )
January 14, 2021 Opinion or Order Filing 298 Case Reassigned to Judge Joseph Dawson, III. Judge Donald C Coggins, Jr no longer assigned to the case. (suro, )
November 11, 2020 Opinion or Order Filing 295 REPLY to Response to Motion re #278 Partial Summary Judgment. Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. (Few, Wesley) Modified on 11/13/2020 to correct related docket entry(alew, ).
November 11, 2020 Opinion or Order Filing 294 MOTION to Seal Document #293 Reply to Response to Motion, by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 11/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Plaintiffs' 30(b)(6) Deposition Excerpts dated 07.17.19 (Redacted), #2 Exhibit 2 - Boris Gites Deposition Excerpts dated 11.05.19 (Redacted), #3 Exhibit 3 - Charles Cavallino's Deposition Excerpts dated 11.06.19 (Redacted))No proposed order.(Smith, Joseph)
November 11, 2020 Opinion or Order Filing 293 REPLY to Response to Motion re #279 MOTION for Summary Judgment Response filed by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. (Attachments: #1 Exhibit 1 - Plaintiffs' 30(b)(6) Deposition Excerpts dated 07.17.19 (Redacted), #2 Exhibit 2 - Boris Gites Deposition Excerpts dated 11.05.19 (Redacted), #3 Exhibit 3 - Charles Cavallino's Deposition Excerpts dated 11.06.20 (Redacted))(Smith, Joseph)
November 4, 2020 Opinion or Order Filing 292 TEXT ORDER granting #291 Joint Motion for Extension of Time. Replies to the motions for summary judgment, for partial summary judgment, and for leave to file a motion for summary judgment are due by November 11, 2020. Entered at the direction of the Honorable Donald C Coggins, Jr on 11/4/20.(kmca)
November 3, 2020 Opinion or Order Filing 291 Joint MOTION for Extension of Time to File Response/Reply as to #284 Response in Opposition to Motion,,,,, #287 Response in Opposition to Motion,,, by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 11/17/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, Joseph)
October 30, 2020 Opinion or Order Filing 288 DELETION OF DOCKET ENTRY NUMBER #282 First Motion to Seal. Reason: re-filed by attorney to correct document. Corrected Filing Document Number #285 MOTION to Seal Plaintiff's Unredacted Opposition Memorandum and Exhibits. Re-filed same day as original filing: 10/30/20. Response due date same as original filing: 11/13/20. (kmca)
October 30, 2020 Opinion or Order Filing 287 RESPONSE in Opposition re #279 MOTION for Summary Judgment Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL.Reply to Response to Motion due by 11/6/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit B - Redacted Hullett Declaration, #2 Exhibit E - Sealed/Redacted Sterling-Lazarus Manufacturing Agreement, #3 Exhibit F - Sealed/Redacted Flynn-Laurin Text string July 12, 2019 to Dec. 12, 2019 )(Few, Wesley) (Main Document 287 replaced on 11/2/2020: to replace with corrected document (footnote size) as provided by filing user) Modified on 11/2/2020: to add descriptions to exhibits as provided by filing user (kmca).
October 30, 2020 Opinion or Order Filing 286 MOTION to Seal Document #284 Response in Opposition to Motion, by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 11/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Charles Cavallino Deposition Excerpts dated 11.06.19 (Redacted), #2 Exhibit 2 - Boris Gites Deposition Excerpts dated 11.05.19 (Redacted), #3 Exhibit 3 - Blake Kelley Deposition Excerpts dated 11.12.19 (Redacted), #4 Exhibit 4 - Lazarus 30(b)(6) - Mark Thompson Deposition Excerpts dated 10.01.19 (Redacted), #5 Exhibit 5 - Concordia's 30(b)(6) -Nick Thornton & Erin O'Neil Deposition Excerpts dated 07.17.19 (Redacted), #6 Exhibit 6 - H2 Pharma - Brooke Cantey Deposition Excerpts dated 09.12.19 (Redacted), #7 Exhibit 7 - Defendants' First Set of Interrogatories to Plaintiffs dated 11.05.18 (Redacted), #8 Exhibit 8 - Plaintiffs Responses to Defendants' First Interrogatories dated 12.05.18 (Redacted), #9 Exhibit 9 - Plaintiffs' Supplemental Responses & Objections to Defendants' First Set of Interrogatories dated 09.19.19 (Redacted), #10 Exhibit 10 - Declaration of Boris Gites & VeV Master Batch Records (Redacted), #11 Exhibit 11 - Gites' Separation Letter from Irisys dated 02.02.18)No proposed order.(Smith, Joseph) (Main Document 286 replaced on 11/2/2020: to replace with corrected document (to add consultation statement) as provided by filing user) (kmca).
October 30, 2020 Opinion or Order Filing 285 MOTION to Seal #278 Plaintiff's Unredacted Opposition Memorandum and Exhibits by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 11/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Few, Wesley) (Main Document 285 replaced on 11/2/2020: to replace with corrected document (to add consultation statement) as provided by filing user); to add link ( #278 ) (kmca).
October 30, 2020 Opinion or Order Filing 284 RESPONSE in Opposition re #278 First MOTION for Partial Summary Judgment Redacted version with Redacted Exhibits Response filed by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson.Reply to Response to Motion due by 11/6/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Charles Cavallino Deposition Excerpts dated 11.06.19 (Redacted), #2 Exhibit 2 Boris Gites Deposition Excerpts dated 11.05.19 (Redacted), #3 Exhibit 3 - Blake Kelley Deposition Excerpts dated 11.12.19 (Redacted), #4 Exhibit 4 - Lazarus 30(b)(6) - Mark Thompson Deposition Excerpts dated 10.01.19 (Redacted), #5 Exhibit 5 Concordia's 30(b)(6) -Nick Thornton & Erin O'Neil Deposition Excerpts dated 07.17.19 (Redacted), #6 Exhibit 6H2 Pharma - Brooke Cantey Deposition Excerpts dated 09.12.19 (Redacted), #7 Exhibit 7 - Defendants' First Set of Interrogatories to Plaintiffs dated 11.05.18 (Redacted), #8 Exhibit 8 Plaintiffs Responses to Defendants' First Interrogatories dated 12.05.18 (Redacted), #9 Exhibit 9 - Plaintiffs' Supplemental Responses & Objections to Defendants' First Set of Interrogatories dated 09.19.19 (Redacted), #10 Exhibit 10 - Declaration of Boris Gites & VeV Master Batch Records (Redacted), #11 Exhibit 11 - Gites' Separation Letter from Irisys dated 02.02.18)(Smith, Joseph)
October 30, 2020 Opinion or Order Filing 283 REPLY to Response to Motion re #272 Second MOTION to Compel Response filed by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. (Attachments: #1 Exhibit 1 Concordia Nilandron MediSpan Information)(Williams, Burl)
October 30, 2020 Opinion or Order Filing 282 First MOTION to Seal Plaintiff's Unredacted Opposition Memorandum and Exhibits by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 11/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Few, Wesley)
October 23, 2020 Opinion or Order Filing 281 RESPONSE in Opposition re #272 Second MOTION to Compel Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL.Reply to Response to Motion due by 10/30/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Defendants' Summary of Discovery Dispute, #2 Exhibit 2 - 10.16.19 Letter from Wayne Vallee, #3 Exhibit 3 - 10.9.20 Email from Lloyd to Josh, #4 Exhibit 4 - Orange Book pages, #5 Exhibit 5 - FDA List of Auth. Generic Drugs)(Few, Wesley)
October 20, 2020 Opinion or Order Filing 280 DELETION OF DOCKET ENTRY NUMBER 276 Reason: attorney refiled to make correction. Corrected Filing Document Number #279 . Modified filing date to that of original filing: 10/16/20 Response due date modified to that of original filing: 10/30/20 (alew, )
October 19, 2020 Opinion or Order Filing 279 MOTION for Summary Judgment by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 11/2/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Mark Thompson Deposition Excerpts (Redacted), #2 Exhibit 2 - Plaintiffs' 30(b)(6) Deposition Excerpts (Redacted), #3 Exhibit 3 - Lazarus 30(b)(6) Deposition Excerpts (Redacted), #4 Exhibit 4 - Third Affidavit of Mark Thompson, #5 Exhibit 5 - Donnatal Intangible Asset Valuation (Redacted), #6 Exhibit 6 - Affidavit of Mark Thompson 9.7.18, #7 Exhibit 7 - Jean Paul Laurin Deposition Excerpts (Redacted), #8 Exhibit 8 - Blake Kelley Deposition Excerpts (Redacted), #9 Exhibit 9 - Aaron Hullett Deposition Excerpts (Redacted), #10 Exhibit 10 - Manufacturing Supply Agreement - VeV and Lazarus (Redacted), #11 Exhibit 11 - Declaration of Blake Kelley w exh, #12 Exhibit 12 - FDA EIR 5.30.19 (Redacted), #13 Exhibit 13 - Affidavit of Sandra K.B. Kinsey, M.B.A., R.Ph., #14 Exhibit 14 - FDA Letter to First Databank, Inc. July 5, 2016 [ECF 96-1], #15 Exhibit 15 - FDA Letter to BIR re Legality May 5, 2017, #16 Exhibit 16 - DailyMed Donnatal Listing, #17 Exhibit 17 - DailyMed Listing for Lazarus April 2018, #18 Exhibit 18 - Adeel Ahmed Deposition Excerpts (Redacted), #19 Exhibit 19 - 03.06.16 Reisetter Exhibit B-2 - Survey Results for Research, #20 Exhibit 20 - Dr. Reisetter Deposition Excerpts (Redacted), #21 Exhibit 21 - 12.7.18 Plf Responses to Defs' First Interrogatories, #22 Exhibit 22 - Pltfs' Supp Responses & Objections to Defs' 1st Set of Interrogatories (served on 09.20.19), #23 Exhibit 23 - Declaration of Boris Gites, #24 Exhibit 24 - Federal Register Notice Vol. 77 No. 142 - Tuesday, July 24, 2012)No proposed order.(Smith, Joseph)
October 16, 2020 Opinion or Order Filing 278 First MOTION for Partial Summary Judgment Redacted version with Redacted Exhibits by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 10/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Ex. 1 - Kelley Deposition Excerpts, #2 Exhibit Ex 2 - Letter to Kelley, May 17, 2016, #3 Exhibit Ex 3 - Kelley Non-Compete Agreement, June 1, 2016, #4 Exhibit Ex 4 - Kelley Nondisclosure Agreement, June 1, 2016, #5 Exhibit Ex 5 - Kelley Separation Agreement, Dec. 30, 2016, #6 Exhibit Ex 6 - Jan. 2017 emails, #7 Exhibit Exhibits 7,8,10,11,13,18,19,20,21,22,23,24,25,26,27,29,31,32,33,34,35,36,37,38,39,40,41,43, 46 and 47 - REDACTED SUBJECT TO MOTION TO SEAL, #8 Exhibit Ex 9 - O'Neil Declaration, #9 Exhibit Ex 12 - Irysis Interrogatory Responses, #10 Exhibit Ex 14 - Cavallino Affidavit, #11 Exhibit Ex 15 - Gites Affidavit, #12 Exhibit Ex 16 - Karpinski Affidavit, #13 Exhibit Ex 17 - Pozner Affidavit, #14 Exhibit Ex 28 - April 2017 Emails, #15 Exhibit Ex 30 - April 30, 2017 Email, #16 Exhibit Ex 42 - VeV Commercial Batch Chart, April 2018, #17 Exhibit Ex 44 - Cantey Deposition Excerpts, #18 Exhibit Ex 45 - Miles Declaration, #19 Exhibit Ex 48 - Thompson Employment Agreement, #20 Exhibit Ex 49 - Laurin Employment Agreement, #21 Exhibit Ex 50 - Hullett Employment Agreement)No proposed order.(Few, Wesley)
October 16, 2020 Opinion or Order Filing 277 MOTION to Seal Exhibits for #276 MOTION for Summary Judgment by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 10/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Mark Thompson Deposition Excerpts (Redacted), #2 Exhibit 2 - Plaintiffs' 30(b)(6) Deposition Excerpts (Redacted), #3 Exhibit 3 - Lazarus 30(b)(6) Deposition Excerpts (Redacted), #4 Exhibit 5 - Donnatal Intangible Asset Valuation (Redacted), #5 Exhibit 7 - Jean Paul Laurin Deposition Excerpts (Redacted), #6 Exhibit 8 - Blake Kelley Deposition Excerpts (Redacted), #7 Exhibit 9 - Aaron Hullett Deposition Excerpts (Redacted), #8 Exhibit 10 - Manufacturing Supply Agreement - VeV and Lazarus (Redacted), #9 Exhibit 12 - FDA EIR (Redacted), #10 Exhibit 18 - Adeel Ahmed Deposition Excerpts (Redacted), #11 Exhibit 20 - Dr. Reisetter Deposition Excerpts (Redacted))No proposed order.(Smith, Joseph) Modified on 10/16/2020 to edit text(jtho, ).
October 16, 2020 Opinion or Order Filing 276 MOTION for Summary Judgment by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 10/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Mark Thompson Deposition Excerpts (Redacted), #2 Exhibit 2 - Plaintiffs' 30(b)(6) Deposition Excerpts (Redacted), #3 Exhibit 3 - Lazarus 30(b)(6) Deposition Excerpts (Redacted), #4 Exhibit 4 - Third Affidavit of Mark Thompson, #5 Exhibit 5 - Donnatal Intangible Asset Valuation (Redacted), #6 Exhibit 6 - Affidavit of Mark Thompson 9.7.18, #7 Exhibit 7 - Jean Paul Laurin Deposition Excerpts (Redacted), #8 Exhibit 8 - Blake Kelley Deposition Excerpts (Redacted), #9 Exhibit 9 - Aaron Hullett Deposition Excerpts (Redacted), #10 Exhibit 10 - Manufacturing Supply Agreement - VeV and Lazarus (Redacted), #11 Exhibit 11 - Declaration of Blake Kelley w exh, #12 Exhibit 12 - FDA EIR 5.30.19 (Redacted), #13 Exhibit 13 - Affidavit of Sandra K.B. Kinsey, M.B.A., R.Ph., #14 Exhibit 14 - FDA Letter to First Databank, Inc. July 5, 2016 [ECF 96-1], #15 Exhibit 15 - FDA Letter to BIR re Legality May 5, 2017, #16 Exhibit 16 - DailyMed Donnatal Listing, #17 Exhibit 17 - DailyMed Listing for Lazarus April 2018, #18 Exhibit 18 - Adeel Ahmed Deposition Excerpts (Redacted), #19 Exhibit 19 - 03.06.16 Reisetter Exhibit B-2 - Survey Results for Research, #20 Exhibit 20 - Dr. Reisetter Deposition Excerpts (Redacted), #21 Exhibit 21 - 12.7.18 Plf Responses to Defs' First Interrogatories, #22 Exhibit 22 - Pltfs' Supp Responses & Objections to Defs' 1st Set of Interrogatories (served on 09.20.19), #23 Exhibit 23 - Declaration of Boris Gites, #24 Exhibit 24 - Federal Register Notice Vol. 77 No. 142 - Tuesday, July 24, 2012)No proposed order.(Smith, Joseph)
October 16, 2020 Opinion or Order Filing 275 First MOTION to Seal Motion for Partial Summary Judgment and Exhibits by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 10/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Few, Wesley)
October 13, 2020 Opinion or Order Filing 274 Additional Attachments to Main Document #272 Second MOTION to Compel . First attachment description: Exh 11 - 09.29.20 Email re and with Narrowed Requests for Production - was unable to be filed 10.09.20 due to code error . (Smith, Joseph)
October 9, 2020 Opinion or Order Filing 273 MOTION to Seal by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 10/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, Joseph)
October 9, 2020 Opinion or Order Filing 272 Second MOTION to Compel by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 10/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Prasco Product Listings - DailyMed Listing for Prasco Elixir, #2 Exhibit 2 - 01.30.20 Letter from Dinsmore (Prasco Counsel) Responding to Subpoena, #3 Exhibit 3 - 02.11.20 Prasco Email re Subpoena, #4 Exhibit 4 - 02.13.20 Defendants' Fourth Requests for Production, #5 Exhibit 5 - 03.17.20 Defendants' Email to Plaintiffs' re Responses Past Due, #6 Exhibit 6 - 03.20.20 Plaintiffs' Response to Defendants' 4th Requests for Production, #7 Exhibit 7 - 03.31.20 Defendants' Letter to Plaintiffs re Response & Objections, #8 Exhibit 8 - 04.02.20 Email re Extension of Motion to Compel Deadline LR 37.01, #9 Exhibit 9 - 05.01.20 Defendants' Email to Plaintiffs re Status of Production, #10 Exhibit 10 - 05.06.20 Email Plaintiff Following Up on Call, #11 Exhibit 11 - 09.29.20 Email re and with Narrowed Requests for Production, #12 Exhibit 12 - 10.16.19 Cardinal Letters to FDA re Authorized Generics - REDACTED, #13 Exhibit 13 - AG Nilandron DailyMed Listing, #14 Exhibit 14 - Plaintiffs' 30(b)(6) Depo Exerpts - REDACTED)No proposed order.(Smith, Joseph)
October 5, 2020 Opinion or Order Filing 270 TEXT ORDER granting #269 Motion for Extension of Time. Any necessary motion related to the parties discovery dispute should be filed by October 9, 2020. Signed by Honorable Donald C Coggins, Jr on 10/5/20.(alew, )
October 2, 2020 Opinion or Order Filing 269 Joint MOTION for Extension of Time by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 10/16/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, Joseph) (Main Document 269 replaced on 10/5/2020) (alew, ). Modified on 10/5/2020 to replace with corrected document provided by filing user (alew, ).
September 28, 2020 Opinion or Order Filing 268 FOURTH AMENDED SCHEDULING ORDER: Records Custodian Affidavit due by 1/27/2021, Discovery due by 2/19/2021, Motion in Limine due by 4/2/2021, Motions due by 10/16/2020, Rule 26(a)(3) Disclosures due by 3/5/2021, Jury Selection Deadline 5/10/2021, Mediation Due by 2/28/2021. Signed by Honorable Donald C Coggins, Jr on 9/28/20. (alew, )
September 23, 2020 Opinion or Order Filing 267 Minute Entry: discovery call held with the Honorable Donald C. Coggins, Jr. The parties are directed to try to resolve the issues discussed in the call. In the event they are unable to come to a resolution, they may file any necessary motion on October 5, 2020. (alew, )
September 16, 2020 Opinion or Order Filing 265 MINUTE ENTRY: phone conference held with the Honorable Donald C. Coggins, Jr. The parties are directed to submit a joint proposed amended scheduling order within 10 days. (alew, )
September 11, 2020 Opinion or Order Filing 264 NOTICE of Hearing: Telephone Status Conference set for 9/16/2020 11:15 AM before Honorable Donald C Coggins Jr. Plaintiffs' counsel is directed to arrange and initiate the conference call, conference in all other participating counsel, and then connect to chambers at 864-591-5340.(abuc)
September 10, 2020 Opinion or Order Filing 263 TEXT ORDER granting #261 Unopposed Motion to Reopen Case. Entered at the direction of the Honorable Donald C Coggins, Jr on 9/10/20.(kmca)
September 8, 2020 Opinion or Order Filing 262 DELETION OF DOCKET ENTRY NUMBER #260 First Motion to Reopen Case. Reason: attorney filed Amended Motion. Corrected Filing Document Number #261 Amended MOTION to Reopen Case. Modified filing date to that of original filing: 9/8/20. Response due date modified to that of original filing: 9/22/20. (kmca)
September 8, 2020 Opinion or Order Filing 261 Amended MOTION to Reopen Case with Certificate of Counsel by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 9/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Few, Wesley) Modified on 9/10/2020: to correct date filed and response due date (kmca).
September 8, 2020 Opinion or Order Filing 260 First MOTION to Reopen Case by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 9/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Few, Wesley)
July 10, 2020 Opinion or Order Filing 259 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Donald C Coggins, Jr on 7/10/20. (alew, )
July 10, 2020 Opinion or Order Filing 258 STATUS REPORT Joint by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. (Smith, Joseph)
June 22, 2020 Opinion or Order Filing 257 TEXT ORDER directing the parties to submit a joint status report by July 10, 2020. Signed by Honorable Donald C Coggins, Jr on 6/22/20. (alew, )
June 19, 2020 Opinion or Order Filing 256 STATUS REPORT by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. (Smith, Joseph)
June 2, 2020 Opinion or Order Filing 255 TEXT ORDER directing counsel to file a joint status report by June 19, 2020. Signed by Honorable Donald C Coggins, Jr on 6/2/20. (alew, )
June 2, 2020 Opinion or Order Filing 254 NOTICE of Cancellation of Hearing: Discovery Hearing, 6/3/20 @ 11:00am. (alew, )
May 27, 2020 Opinion or Order Filing 253 NOTICE of Hearing: Discovery Hearing set for Wednesday, 6/3/2020 11:00 AM before Honorable Donald C Coggins Jr. The parties are directed to provide the court with a conference call number to Judge Coggins' chambers at coggins_ecf@scd.uscourts.gov by end of business Tuesday, June 2, 2020.(alew, )
May 20, 2020 Opinion or Order Filing 252 TEXT ORDER finding as moot #251 Motion to Compel per Judge Coggins' preferences re: discovery requests. Signed by Honorable Donald C Coggins, Jr on 5/20/20.(alew, )
May 19, 2020 Opinion or Order Filing 251 Second MOTION to Compel by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 6/2/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Prasco Database Listings, #2 Exhibit 2 - Prasco Website Homepage, #3 Exhibit 3 - Subpoenas to Prasco LLC & Prasco Laboratories, #4 Exhibit 4 - 01.30.20 Dinsmore Letter re Subpoenas to Prasco, #5 Exhibit 5 - 01.31.20 Defendants' Amended Exhibit A to Prasco Subpoenas, #6 Exhibit 6 - Prasco Email re Prasco Subpoenas (02.11.20), #7 Exhibit 7 - 02.13.20 Defendants' Fourth Suppl Discovery Requests, #8 Exhibit 8 - 03.17.20 Defs' Email to Pltfs re discovery deadline passed, #9 Exhibit 9 - 03.20.20 Plaintiffs' Responses to Defs' 4th Supp RFP, #10 Exhibit 10 - 03.31.20 Ltr to W. Few re Pltf's Responses to 4th RFP, #11 Exhibit 11 - 04.02.20 Email Chain re Extending MTC Filing Deadline, #12 Exhibit 12 - 05.01.20 Email Chain re No Prasco Documents Produced, #13 Exhibit 13 - 05.06.20 Email Follow Up on 05.05.20 Call, #14 Exhibit 14 - 07.17.19 Plaintiffs' 30(b)(6) Deposition Excerpts)No proposed order.(Smith, Joseph)
March 18, 2020 Opinion or Order Filing 250 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference Hearing held on 02/24/2020, before Judge Donald C. Coggins, Jr.. Court Reporter/Transcriber Michele E. Becker, Telephone number/E-mail MicheleBecker.CRR@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 4/8/2020. Redacted Transcript Deadline set for 4/20/2020. Release of Transcript Restriction set for 6/16/2020. (mbec, ) (Main Document 250 replaced on 3/19/2020) (alew, ). Modified on 3/19/2020 to replace with corrected document per CR request (alew, ). (Main Document 250 replaced on 3/19/2020) (alew, ). Modified on 3/19/2020 to replace with corrected document per CR request (alew, ).
March 12, 2020 Opinion or Order Filing 249 TEXT ORDER finding as moot #242 Motion for Extension of Time to Complete Discovery. Signed by Honorable Donald C Coggins, Jr on 3/12/20.(alew, )
March 12, 2020 Opinion or Order Filing 248 THIRD AMENDED SCHEDULING ORDER: Records Custodian Affidavit due by 10/23/2020, Discovery due by 11/6/2020, Motion in Limine due by 12/22/2020, Rule 26(a)(3) Disclosures due by 11/25/2020, Jury Selection Deadline 2/8/2021, Mediation Due by 10/30/2020. Signed by Honorable Donald C Coggins, Jr on 3/12/20. (alew, )
March 10, 2020 Opinion or Order Filing 247 STATUS REPORT Joint by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. (Attachments: #1 Proposed Order Third Amended Scheduling Order)(Smith, Joseph) (Main Document 247 replaced on 3/11/2020) (alew, ). Modified on 3/11/2020 to replace with corrected document provided by filing user (alew, ).
March 4, 2020 Opinion or Order Filing 246 TEXT ORDER granting #245 Motion for Extension of Time. The response to the motion for extension of time to complete discovery is due by March 19, 2020. Signed by Honorable Donald C Coggins, Jr on 3/4/20.(alew, )
March 3, 2020 Opinion or Order Filing 245 Consent MOTION for Extension of Time to Respond to Motion to Extend Discovery (ECFN-242) by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 3/17/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Few, Wesley)
February 24, 2020 Opinion or Order Filing 243 Minute Entry. Proceedings held before Honorable Donald C Coggins, Jr: Status Conference held on 2/24/2020. The parties are directed to confer and submit a joint status report as outlined in today's conference within 15 days. The parties are further directed to submit a joint proposed amended scheduling order within 15 days. In the event the parties cannot agree on a joint proposed amended scheduling order, they are directed to submit separate proposed amended scheduling orders. Court Reporter Michele Becker. (ncha, ) Modified on 2/24/2020 to edit text (ncha, ).
February 20, 2020 Opinion or Order Filing 242 MOTION for Extension of Time to Complete Discovery by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 3/5/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion for Leave, #2 Exhibit Prasco Database Listings, #3 Exhibit Prasco Website Homepage, #4 Exhibit Subpoenas to Prasco LLC & Prasco Labs, #5 Exhibit 01.30.20 Dinsmore Letter re Subpeonas to Prasco, #6 Exhibit Defendants' Amended Exhibit A to Prasco Subpeonas, #7 Exhibit Prasco Email re Amended Subpoenas, #8 Exhibit 01.31.20 Defendants' Fourth Supp Discovery Requests, #9 Exhibit 01.31.20 Letter Accompanying Def's Fourth Supp Discovery Requests, #10 Exhibit Plaintiff's 30(b)(6) Deposition Excerpts)No proposed order.(Smith, Joseph)
February 19, 2020 Opinion or Order Filing 240 TEXT ORDER granting #239 Motion to Withdraw as Attorney as to William A Coates for the defendants. Signed by Honorable Donald C Coggins, Jr on 2/19/20.(alew, )
February 18, 2020 Opinion or Order Filing 239 First MOTION to Withdraw as Attorney by Lazarus Pharmaceuticals Inc, Mark Thompson, Jean Paul Laurin. Response to Motion due by 3/3/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coates, William) Modified on 2/18/2020 to add parties listed as filers (alew, ).
January 15, 2020 Opinion or Order Filing 235 NOTICE of Hearing: Status Conference set for Monday, 2/24/2020 10:00 AM in Spartanburg 2nd Floor, Donald S Russell Fed Bldg, 201 Magnolia St, Spartanburg before Honorable Donald C Coggins Jr. (alew, )
January 6, 2020 Opinion or Order Filing 234 NOTICE OF CHANGE OF CASE NUMBER from Case Number 6:18-cv-01658-HMH to 6:18-cv-01658-DCC. (abuc)
January 6, 2020 Opinion or Order Filing 233 Case Reassigned to Judge Honorable Donald C Coggins, Jr. Judge Honorable Henry M Herlong, Jr no longer assigned to the case. (glev, )
December 13, 2019 Opinion or Order Filing 232 REPLY to Response to Motion re #192 MOTION for Partial Summary Judgment Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. (Few, Wesley)
December 13, 2019 Opinion or Order Filing 231 MOTION to Seal Document #230 Reply to Response to Motion, by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 12/27/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, Joseph)
December 13, 2019 Opinion or Order Filing 230 REPLY to Response to Motion re #190 MOTION for Summary Judgment Response filed by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. (Attachments: #1 Exhibit 1 - Concordia 30(b)(6) Deposition Excerpts (07.17.19), #2 Exhibit 2 - Boris Gites Deposition Excerpts (11.05.19), #3 Exhibit 3 - Charles Cavallino Deposition Excerpts (11.06.19))(Smith, Joseph)
December 9, 2019 Opinion or Order Filing 229 Sealed Document. (Attachments: #1 Exhibit A - Mark Thompson Transcipt, #2 Exhibit B - Hullet Declaration, #3 Exhibit C - Reisetter Declaration, #4 Exhibit D - The Orange Book Listing)(Few, Wesley) Modified on 12/10/2019; SAME DOCUMENT as #217 . (sfla).
December 6, 2019 Opinion or Order Filing 228 TEXT ORDER granting #218 Motion to file Documents under seal ; granting #219 Motion to file Documents under seal. Counsel shall file sealed documents into the case using the event "Sealed Document" and shall link the set of sealed documents back to the response to which they should be attached. Entered at the direction of Honorable Henry M Herlong, Jr on 12/6/19.(sfla)
December 2, 2019 Opinion or Order Filing 224 TEXT ORDER that pretrial disclosures in this case shall be due 30 days prior to the date of jury selection; A date for jury selection in this case shall be determined and set by the Court at a later date. Entered at the direction of Honorable Henry M Herlong, Jr on 12/2/19. (sfla)
December 2, 2019 Opinion or Order Filing 223 MOTION Consolidated Trial Date Certain and Extension of Rule 26(a)(3) Pretrial Disclosures to Coincide with Trial Date Certain by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 12/16/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, Joseph)
December 2, 2019 Opinion or Order Filing 222 TEXT ORDER granting #221 Motion for Extension of Time to File Response/Reply re #192 MOTION for Partial Summary Judgment , #190 MOTION for Summary Judgment . Replies due by 12/13/2019. Entered at the direction of Honorable Henry M Herlong, Jr on 12/2/19. (sfla)
November 27, 2019 Opinion or Order Filing 221 Joint MOTION for Extension of Time to File Reply Briefs by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 12/11/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, Joseph) Modified on 12/2/2019 to correct relief requested (sfla).
November 26, 2019 Opinion or Order Filing 220 DELETION OF DOCKET ENTRY NUMBER 216 - Reason: motion filed correctly as motion; Corrected Filing Document Number #219 ; Modified filing date to that of original filing: same (sfla)
November 25, 2019 Opinion or Order Filing 219 MOTION to Seal Document #215 Response in Opposition to Motion,,,, by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 12/9/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, Joseph)
November 25, 2019 Opinion or Order Filing 218 MOTION to Seal Document by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 12/9/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Few, Wesley)
November 25, 2019 Opinion or Order Filing 217 RESPONSE in Opposition re #190 MOTION for Summary Judgment Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL.Reply to Response to Motion due by 12/2/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Mark Thompson transcript, #2 Exhibit B - Hullett Declaration, #3 Exhibit C - Reisetter Declaration, #4 Exhibit D - The Orange Book Listing, #5 Proposed Order for Summary Judgment)(Few, Wesley) (Main Document 217 replaced on 11/26/2019 with document provided by filing user to affix attorney signature and remove incorrect case caption for companion case) (sfla). Modified on 12/10/2019; SEE SEALED DOCUMENT #229 filed 12/9/19. (sfla).
November 25, 2019 Opinion or Order Filing 215 RESPONSE in Opposition re #192 MOTION for Partial Summary Judgment Response filed by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson.Reply to Response to Motion due by 12/2/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Charles Cavallino Depo Excerpts (11.06.19), #2 Exhibit 2 - Boris Gites Depo Excerpts (11.05.19), #3 Exhibit 3 - Blake Kelley Depo Excerpts (11.12.18), #4 Exhibit 4 - Lazarus 30(b)(6) - Mark Thompson Depo Excerpts (10.01.19), #5 Exhibit 5 - Concordia's 30(b)(6) -Nick Thornton & Erin O'Neil Depo Excerpts (07.17.19), #6 Exhibit 6 - H2 Pharma - Brooke Cantey Depo Excerpts (09.12.19), #7 Exhibit 7 - 11.05.18 Def's First Set of Interrogatories to Pltfs, #8 Exhibit 8 - 12.05.18 Pltfs' Responses to Defs' First Interrogatories, #9 Exhibit 9 - 09.19.19 Pltfs' Supp Responses & Objections to Defs' 1st Set of Interrogatories, #10 Exhibit 10 - Declaration of Gites & VeV Master Batch Records, #11 Exhibit 11 - Gites' Separation Letter from Irisys (02.02.18))(Smith, Joseph)
November 19, 2019 Opinion or Order Filing 214 TEXT ORDER granting #213 Joint Motion for Extension of Time to File 26(a)(3) Pretrial Disclosures. Rule 26(a)(3) pretrial disclosures due by 12/3/2019; objections to pretrial disclosures due by 12/17/2019. Entered by Honorable Henry M Herlong, Jr on November 19, 2019. (bedw)
November 18, 2019 Opinion or Order Filing 213 Joint MOTION for Extension of Time to File 26(a)(3) Pretrial Disclosures by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 12/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Few, Wesley) Modified on 11/18/2019 to edit text (sfla).
November 18, 2019 Opinion or Order Filing 212 TEXT ORDER granting #211 Motion for Extension of Time to File Response/Reply re #192 MOTION for Partial Summary Judgment , #190 MOTION for Summary Judgment . Replies due by 11/25/2019. Signed by Honorable Henry M Herlong, Jr on 11/18/19.(sfla)
November 15, 2019 Opinion or Order Filing 211 Second MOTION for Extension of Time to File Response/Reply as to #190 MOTION for Summary Judgment , #192 MOTION for Partial Summary Judgment by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 12/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Few, Wesley)
November 4, 2019 Opinion or Order Filing 210 TEXT ORDER granting #206 Motion for Extension of Time to File Response to #192 MOTION for Partial Summary Judgment, #190 MOTION for Summary Judgment. Responses to Motions due by 11/18/2019. Entered at the direction of Honorable Henry M Herlong, Jr on 11/4/19.(sfla)
October 31, 2019 Opinion or Order Filing 208 ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Henry M. Herlong, Jr. (gpre, )
October 31, 2019 Opinion or Order Filing 206 Joint MOTION for Extension of Time to File Response/Reply as to #190 MOTION for Summary Judgment , #192 MOTION for Partial Summary Judgment by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 11/14/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Williams, Burl) Modified on 10/31/2019 motion no longer referred to magistrate judge (gpre, ).
October 31, 2019 Opinion or Order Filing 204 TEXT ORDER granting #203 motion to withdraw as attorney. Tory Ian Summey is relieved as counsel for Plaintiffs. Signed by Magistrate Judge Jacquelyn D Austin on 10/31/2019.(gpre, )
October 30, 2019 Opinion or Order Filing 203 MOTION to Withdraw as Attorney Tory Ian Summey by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 11/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley)
October 25, 2019 Opinion or Order Filing 202 TEXT ORDER denying #181 Motion to compel. Lazarus seeks to compel the production of emails between Concordia's inhouse counsel and a third-party investigative group that "appear to relate to Plaintiff's illegal acquisition of the PBA Elixir, subsequent actions in covering up that misconduct through a false and misleading Declaration, and withholding of responsive documents under baseless claims of privilege." [Id. at 3.] Concordia argues that the emails contain "Mr. Ford's mental impressions and legal strategy related to the present litigation." [Doc. 194 at 2.] The Court has previously found, however, that "[b]ecause Plaintiffs have represented they 'will not present evidence to the jury associated with the testing that was performed on the bottle that was obtained by the private investigator' [Doc. 182 at 4], facts regarding how that bottle was obtained and whether anyone concealed how it was obtained will not be material to Plaintiffs' claims or Defendants' defenses." [Doc. 186.] Because the Court does not find the information in the emails is discoverable in accordance with Federal Rule of Civil Procedure 26(b)(1), the Court declines to address whether the correspondence is in fact protected by privilege. Signed by Magistrate Judge Jacquelyn D Austin on 10/25/2019.(gpre, )
October 24, 2019 Opinion or Order Filing 201 Sealed Document in re document #190 . (Attachments: #1 Exhibit 1 - 12.12.18 Mark Thompson Excerpts, #2 Exhibit 2 - Plf 30(b)(6) Excerpts, #3 Exhibit 3 - Lazarus 30(b)(6) Excerpts, #4 Exhibit 5 - Donnatal Intangible Asset Valuation 5.15.14, #5 Exhibit 7 - JP Laurin Excerpts, #6 Exhibit 8 - Blake Kelley Excerpts, #7 Exhibit 9 - Aaron Hullett Excerpts, #8 Exhibit 10 - 08.04.17 Manufacturing Supply Agreement VeV-Lazarus, #9 Exhibit 12 - FDA EIR 5.30.19, #10 Exhibit 18 - Adeel Ahmed Depo Excerpts, #11 Exhibit 20 - Deposition of Dr. Brian C. Reisetter, R.Ph., M.B.A., Ph.D.)(Smith, Joseph)
October 23, 2019 Opinion or Order Filing 200 DELETION OF DOCKET ENTRY NUMBER 198 Reason: Incorrect event. Corrected Filing Document Number #199 Filed same date as original filing: 10/23/2019 (gpre, )
October 23, 2019 Opinion or Order Filing 199 Sealed Document in re document #192 . (Attachments: #1 Exhibit 7 - 5/8/17 Email - Confidential, #2 Exhibit 8 - Ramirez Decl. - For Counsel Only, #3 Exhibit 10 - 2nd O'Neil Decl. - Confidential, #4 Exhibit 11 - Asset Purchase and Sale Agreement - Confidential, #5 Exhibit 13 - Manufacturing Supply Agreement - Confidential, #6 Exhibit 18 - 3/31/17 Email - Confidential, #7 Exhibit 19 - 1/23/17 Email - Confidential, #8 Exhibit 20 - 2/7/17 Email - Confidential, #9 Exhibit 21 - 2/13/17 Email - Confidential, #10 Exhibit 22 - Metadata File - For Counsel Only, #11 Exhibit 23 - 2/20/17 Email - Confidential, #12 Exhibit 24 - 2/27/17 Email and attachment - Confidential, #13 Exhibit 25 - 3/12/17 Email - Confidential, #14 Exhibit 26 - 3/24/17 Email - Confidential, #15 Exhibit 27 - 3/25/17 Email and attachments - Confidential, #16 Exhibit 29 - 4/21/17 Email and attachments - Confidential, #17 Exhibit 31 - 5/6/17 Email - Confidential, #18 Exhibit 32 - Thompson Depo. Excerpts - Confidential, #19 Exhibit 33 - 6/22/17 Email - Confidential, #20 Exhibit 34 - Laurin Depo. Excerpts -, #21 Exhibit 35 - VeV Manufacturing Supply Agreement - Confidential, #22 Exhibit 36 - Quality Agreement - Confidential, #23 Exhibit 37 - Master Batch Record - Attorneys Only, #24 Exhibit 38 - Purchase Order - Confidential, #25 Exhibit 39 - 10/17/17 Email - Confidential, #26 Exhibit 40 - 10/19/17 Email - Confidential, #27 Exhibit 41 - VeV Master Batch Record - For Counsel Only, #28 Exhibit 43 - Proposal - Confidential, #29 Exhibit 46 - Lazarus Depo. Excerpts, #30 Exhibit 47 - 9/15/17 Email - Confidential, #31 Exhibit 48 - Thompson Employment Agreement, #32 Exhibit 49 - Lauren Employment Agreement, #33 Exhibit 50 - Hullett Employment Agreement)(Few, Wesley)
October 23, 2019 Opinion or Order Filing 197 TEXT ORDER granting #193 Motion to Seal. Signed by Magistrate Judge Jacquelyn D Austin on 10/23/2019.(gpre, ) Modified on 10/23/2019 to add text (gpre, ).
October 23, 2019 Opinion or Order Filing 196 TEXT ORDER granting #191 Motion to Seal. Signed by Magistrate Judge Jacquelyn D Austin on 10/23/2019.(gpre, )
October 22, 2019 Opinion or Order Filing 195 TEXT ORDER granting #189 Motion for additional pages. Signed by Magistrate Judge Jacquelyn D Austin on 10/22/2019.(gpre, )
October 22, 2019 Opinion or Order Filing 194 RESPONSE in Opposition re #181 MOTION to Compel Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL, Fred W Suggs, Jr.Reply to Response to Motion due by 10/29/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Hamilton Depo. Excerpt, #2 Exhibit 2 - Benjamin Depo. Excerpt)(Few, Wesley)
October 21, 2019 Opinion or Order Filing 193 MOTION to Seal re: #192 MOTION for Partial Summary Judgment by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 11/4/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley)
October 21, 2019 Opinion or Order Filing 192 MOTION for Partial Summary Judgment by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 11/4/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Ex. 1 - Kelley Deposition Excerpts, #2 Exhibit Ex 2 - Letter to Kelley, May 17, 2016, #3 Exhibit Ex 3 - Kelley Non-Compete Agreement, June 1, 2016, #4 Exhibit Ex 4 - Kelley Nondisclosure Agreement, June 1, 2016, #5 Exhibit Ex 5 - Kelley Separation Agreement, Dec. 30, 2016, #6 Exhibit Ex 6 - Jan. 2017 emails, #7 Exhibit Exs 7 and 8 - REDACTED SUBJECT TO MOTION TO SEAL, #8 Exhibit Ex 9 - O'Neil Declaration, #9 Exhibit Exs 10 and 11 - REDACTED SUBJECT TO MOTION TO SEAL, #10 Exhibit Ex 12 - Irysis Interrogatory Responses, #11 Exhibit Ex 13 - REDACTED SUBJECT TO MOTION TO SEAL, #12 Exhibit Ex 14 - Cavallino Affidavit, #13 Exhibit Ex 15 - Gites Affidavit, #14 Exhibit Ex 16 - Karpinski Affidavit, #15 Exhibit Ex 17 - Pozner Affidavit, #16 Exhibit Exs 18 to 27 - REDACTED SUBJECT TO MOTION TO SEAL, #17 Exhibit Ex 28 - April 2017 emails, #18 Exhibit Ex 29 - REDACTED SUBJECT TO MOTION TO SEAL, #19 Exhibit Ex 30 - April 30, 2017 email, #20 Exhibit Exs 31 to 41 - REDACTED SUBJECT TO MOTION TO SEAL, #21 Exhibit Ex 42 - VeV Commercial Batch Chart, April 2018, #22 Exhibit Ex 43 - REDACTED SUBJECT TO MOTION TO SEAL, #23 Exhibit Ex 44 - Cantey Deposition Excerpts, #24 Exhibit Ex 45 - Miles Declaration, #25 Exhibit Exs 46 and 47 - REDACTED SUBJECT TO MOTION TO SEAL, #26 Exhibit Ex 48 - Mark Thompson Employment Agreement, #27 Exhibit Ex 49 - J.P. Laurin Employment Agreement, #28 Exhibit Ex 50 - Aaron Hullett Employment Agreement)No proposed order.(Few, Wesley) Modified on 10/31/2019 motion no longer referred to magistrate judge (gpre, ).
October 21, 2019 Opinion or Order Filing 191 MOTION to Seal by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 11/4/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 Mark Thompson Deposition Excerpts, #2 Exhibit 2 Plf Exh 30(b)(6) Deposition Excerpts, #3 Exhibit 3 Lazarus 30(b)(6) Deposition Excerpts, #4 Exhibit 5 Donnatal Intangible Asset Valuation, #5 Exhibit 7 JP Laurin Deposition Excerpts, #6 Exhibit 8 Blake Kelley Deposition Excerpts, #7 Exhibit 9 A Hullett Deposition Excerpts, #8 Exhibit 10 Manufacturing Supply Agreement - VeV and Lazarus, #9 Exhibit 12 FDA EIR and Correspondence, #10 Exhibit 18 A Ahmed Deposition Excerpts, #11 Exhibit 20 Dr. Reisetter Deposition Excerpts)No proposed order.Motions referred to Jacquelyn D Austin.(Smith, Joseph) (Main Document 191 replaced as provided by filing user on 10/23/2019) (gpre, ).
October 21, 2019 Opinion or Order Filing 190 MOTION for Summary Judgment by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 11/4/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Memorandum in Support of Motion for Summary Judgment, #2 Exhibit Mark Thompson Deposition Excerpts (Redacted), #3 Exhibit Plaintiff 30(b)(6) Deposition Excerpts (Redacted), #4 Exhibit Lazarus 30(b)(6) Deposition Excerpts (Redacted), #5 Exhibit Third Affidavit of Mark Thompson, #6 Exhibit Donnatal Intangible Asset Valuation (excerpts) (Redacted), #7 Exhibit Affidavit of Mark Thompson 9.7.18, #8 Exhibit JP Laurin Deposition Excerpts (Redacted), #9 Exhibit Blake Kelley Deposition Excerpts (Redacted), #10 Exhibit A Hullett Deposition Excerpts (Redacted), #11 Exhibit Manufacturing Supply Agreement - VeV and Lazarus (Redacted), #12 Exhibit Declaration of Blake Kelley w/ Exhs A-D, #13 Exhibit FDA EIR and Correspondence (Redacted), #14 Exhibit Affidavit of Sandra B Kinsey, MBA, R Ph, #15 Exhibit FDA Letter to First Databank 6.5.16, #16 Exhibit FDA Letter to BIR 5.5.17, #17 Exhibit Donnatal Dailymed Listing, #18 Exhibit PBA Elixir Dailymed Listing, #19 Exhibit A Ahmed Deposition Excerpts (Redacted), #20 Exhibit Dr. Reisseter Survey 2016, #21 Exhibit Dr. Reisseter Deposition Excerpts (Redacted), #22 Exhibit Plaintiff's Responses to Defendants' First Interrogatories 12.7.18, #23 Exhibit Plaintiff's Supplemental Responses to Defendants' First Interrogatories served 9.20.19, #24 Exhibit Declaration of Boris Gites, #25 Exhibit 24.Federal Register Notice Vol. 77 No. 142/ Tuesday, July 24, 2012)No proposed order.(Smith, Joseph). (Main Document 190 replaced as provided by filing user on 10/23/2019) (gpre, ). (Attachment 1 replaced on as provided by filing user 10/23/2019) (gpre, ). Modified on 11/1/2019 motion no longer referred to magistrate judge (gpre, ).
October 21, 2019 Opinion or Order Filing 189 MOTION Additional Pages for Summary Judgment Memorandum by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 11/4/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Williams, Burl)
October 18, 2019 Opinion or Order Filing 188 TEXT ORDER denying #187 Motion for status conference. Defendants have been ordered by this Court to produce an agreed upon quantity of samples of product to Plaintiffs within 15 days of the entry of the Courts Order. Failure to do so may result in sanctions for failure to comply with an Order of this Court. To the extent Defendants have concerns regarding the independence or qualifications of the testing facility chosen by Plaintiffs, and/or the protocol used by the facility in testing the product, Defendants are free to raise those issues at a later time. The parties are on notice that the Court will not tolerate any attempts to stall or hamper the progress of discovery in the matter Signed by Magistrate Judge Jacquelyn D Austin on 10/18/2019.(gpre, )
October 17, 2019 Opinion or Order Filing 187 MOTION for an Expedited Status Conference by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 10/31/2019. No proposed order.Motions referred to Jacquelyn D Austin.(Smith, Joseph) Modified on 10/17/2019 to edit text gpre, ).
October 16, 2019 Opinion or Order Filing 186 TEXT ORDER granting #161 motion for protective order. Because Plaintiffs have represented they "will not present evidence to the jury associated with the testing that was performed on the bottle that was obtained by the private investigator" [Doc. 182 at 4], facts regarding how that bottle was obtained and whether anyone concealed how it was obtained will not be material to Plaintiffs' claims or Defendants' defenses. Signed by Magistrate Judge Jacquelyn D Austin on 10/16/2019.(gpre, )
October 15, 2019 Opinion or Order Filing 185 Sealed Document in re document #179 . (Attachments: #1 Exhibit 3 - 09.18.18 Email Correspondence (CON_0042540), #2 Exhibit 5 - 10.02.18 Email Correspondence (CON_0021955), #3 Exhibit 9-B - Erin O'Neil Deposition Excerpt (pp. 210-222), #4 Exhibit 13 - 09.13.18 Email Correspondence (CON_0042544))(Smith, Joseph)
October 15, 2019 Opinion or Order Filing 184 TEXT ORDER directing Plaintiffs respond to Defendants' Motion to Compel #181 on or before October 22, 2019. Plaintiffs are directed to submit documents being withheld under privilege to the Court for in camera review on or before October 22, 2019. Documents should be submitted to austin_ecf@scd.uscourts.gov. Signed by Magistrate Judge Jacquelyn D Austin on 10/15/2019. (gpre, )
October 15, 2019 Opinion or Order Filing 183 TEXT ORDER granting #180 Motion to file documents under seal. Signed by Magistrate Judge Jacquelyn D Austin on 10/15/2019.(gpre, )
October 11, 2019 Opinion or Order Filing 182 REPLY to Response to Motion re #161 MOTION for Protective Order AGAINST NOTICE OF DEPOSITION OF ROBERT FORD, ESQ. Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. (Few, Wesley)
October 11, 2019 Opinion or Order Filing 181 MOTION to Compel by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 10/25/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Plaintiffs' 09.23.19 Supplemental Privilege Log Excerpts, #2 Exhibit 2 - 11.05.18 Defs' First Requests for Production Excerpts, #3 Exhibit 3 - 10.01.19 Letter from B. Williams to Pltfs' counsel re: Privilege Log)No proposed order.Motions referred to Jacquelyn D Austin.(Smith, Joseph)
October 4, 2019 Opinion or Order Filing 180 MOTION to Seal Document #179 Response in Opposition to Motion,,,,,, by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 10/18/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 3 (REDACTED) - 09.18.18 Email Correspondence (CON_0042540), #2 Exhibit 5 (REDACTED) - 10.02.18 Email Correspondence (CON_0021955), #3 Exhibit 9-B (REDACTED) - Erin O'Neil Deposition Excerpt (pp. 210-222), #4 Exhibit 13 (REDACTED) - 09.13.18 Email Correspondence (CON_0042544))No proposed order.Motions referred to Jacquelyn D Austin.(Smith, Joseph)
October 4, 2019 Opinion or Order Filing 179 RESPONSE in Opposition re #161 MOTION for Protective Order AGAINST NOTICE OF DEPOSITION OF ROBERT FORD, ESQ. Response filed by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson.Reply to Response to Motion due by 10/11/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - 09.25.19 Valentina Benjamin Depo Excerpts, #2 Exhibit 2 - 08.19.19 Declaration of Valentina Benjamin, #3 Exhibit 3 (REDACTED) - 09.18.18 Email Correspondence (CON_0042540), #4 Exhibit 4 - 08.27.19 Andy Hoyt Deposition Excerpts, #5 Exhibit 5 (REDACTED) - 10.02.18 Email Correspondence (CON_0021955), #6 Exhibit 6 - Defs' First Requests for Production to Pltfs, #7 Exhibit 7 - Pltfs' Response to No. 28 Defs' First RFP, #8 Exhibit 8 - Pltfs' Response to No. 17 of Defs' First Interrogatories, #9 Exhibit 9-A - Erin O'Neil Deposition Excerpt (p. 201), #10 Exhibit 9-B (REDACTED) - Erin O'Neil Deposition Excerpt (pp. 210-222), #11 Exhibit 10 - August 2019 Email Correspondence, #12 Exhibit 11 - Nick Hamilton Deposition Exhibits 35 & 36, #13 Exhibit 12 - Pltfs' Second Supplemental Privilege Log Excerpt, #14 Exhibit 13 (REDACTED) - 09.13.18 Email Correspondence (CON_0042544), #15 Exhibit 14 - Pltfs' Suppl Response to No. 17 to Defs' First Interrogatories, #16 Exhibit 15 - Pltfs' 09.23.19 Supplemental Privilege Log Excerpts)(Smith, Joseph) (Corrected Main Document 179 replaced as provided by filing user on 10/7/2019) (gpre, ).
October 4, 2019 Opinion or Order Filing 178 TEXT ORDER granting #157 motion to compel. Plaintiffs have requested an order from this Court requiring Defendant Lazarus Pharmaceuticals, Inc., to produce samples of Defendant's PBA elixir product for testing to determine whether the amount of its active pharmaceutical ingredients meets the standards on its label. [Doc. 157 at 8.] Defendant objects to Plaintiffs' request for production, claiming, among other reasons, that the Controlled Substances Act, 21 U.S.C. 829(b), prohibits Defendant from distributing samples of its elixir without a prescription. [Doc. 163 at 7.] Upon review of the parties' submissions, the undersigned finds that 829 does not prohibit Defendant from producing its product for testing by Plaintiffs for purposes of this litigation. The cited statute prohibits the dispensing of a schedule III or IV controlled substance without a prescription. Here, the undersigned finds that, under the limited circumstances of this case, Defendant's producing the product to Plaintiffs for the purpose of testing related to this litigation does not constitute dispensing under the statute. The undersigned further finds Defendant's other arguments to be without merit. The parties are directed to confer to determine the quantity of samples to be produced and the appropriate manner of production. Defendant shall produce the samples within fifteen (15) days from the date this Order is entered. Signed by Magistrate Judge Jacquelyn D Austin on 10/4/2019.(gpre, )
October 2, 2019 Opinion or Order Filing 177 REPLY to Response to Motion re #157 MOTION to Compel Lazarus PBA Elixir Samples Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. (Few, Wesley)
October 2, 2019 Opinion or Order Filing 175 TEXT ORDER granting #174 motion for extension. Dispositive motions now due 10/21/2019 Signed by Magistrate Judge Jacquelyn D Austin on 10/2/2019.(kric, )
October 1, 2019 Opinion or Order Filing 174 MOTION for Extension of Time to File Dispositive Motions by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 10/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Smith, Joseph)
September 27, 2019 Opinion or Order Filing 172 TEXT ORDER granting #168 Motion to Appear Pro Hac Vice Michael V. O'Shaughnessy. Signed by Magistrate Judge Jacquelyn D Austin on 9/27/2019.(gpre, )
September 27, 2019 Opinion or Order Filing 171 TEXT ORDER granting #159 Motion for Protective Order. Signed by Magistrate Judge Jacquelyn D Austin on 9/27/2019.(gpre, )
September 27, 2019 Opinion or Order Filing 170 TEXT ORDER granting #169 motion for extension. Response by Lazarus Pharmaceuticals Inc. to #161 motion for protective order is now due by 10/4/19. Response to Motion due by 10/4/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Jacquelyn D Austin on 9/27/2019.(gpre, )
September 26, 2019 Opinion or Order Filing 169 MOTION for Extension of Time to File Response/Reply as to #161 MOTION for Protective Order AGAINST NOTICE OF DEPOSITION OF ROBERT FORD, ESQ. by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 10/10/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Smith, Joseph)
September 26, 2019 Opinion or Order Filing 168 MOTION to Appear Pro Hac Vice by Michael V. O'Shaughnessy ( Filing fee $ 250 receipt number 0420-8691160) by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 10/10/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents PHV Application and Certificate of Good Standing, #2 Proposed Order Order for PHV Admission)No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley)
September 26, 2019 Opinion or Order Filing 167 Sealed Document in re document #163 . (Attachments: #1 Exhibit 2 - 09.18.18 Email Correspondence (CON_0042540), #2 Exhibit 4 - 10.02.18 Email Correspondence (CON_21955), #3 Exhibit 8-B - Concordia's 30(b)(6) Erin O'Neil Deposition excerpt, #4 Exhibit 10 - 09.13.18 Email Correspondence (CON_0042544))(Smith, Joseph)
September 26, 2019 Opinion or Order Filing 166 RESPONSE to Motion re #159 MOTION for Protective Order Against Notice of Deposition of Adeel Ahmad Response filed by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson.Reply to Response to Motion due by 10/3/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Smith, Joseph)
September 26, 2019 Opinion or Order Filing 165 TEXT ORDER granting #164 Motion to Seal. Defendants are directed to file said documents under seal by the close of business today. Signed by Magistrate Judge Jacquelyn D Austin on 9/26/2019.(gpre, )
September 25, 2019 Opinion or Order Filing 164 MOTION to Seal Document #163 Response in Opposition to Motion,,,,, by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 10/9/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Smith, Joseph)
September 25, 2019 Opinion or Order Filing 163 RESPONSE in Opposition re #157 MOTION to Compel Lazarus PBA Elixir Samples Response filed by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson.Reply to Response to Motion due by 10/2/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Declaration of Valentina Benjamin, #2 Exhibit 2 (REDACTED) - 09.18.18 Email Correspondence (CON_0042540), #3 Exhibit 3-A - Andy Hoyt's Deposition Excerpts, #4 Exhibit 3-B - Andy Hoyt's Deposition Excerpts, #5 Exhibit 4 (REDACTED) - 10.02.18 Email Correspondence (CON_0021955), #6 Exhibit 5 - Defs' First Requests for Production to Plaintiffs, #7 Exhibit 6 - Pltfs' Response to No. 28 Defs' First RFP, #8 Exhibit 7 - Pltfs' Response to No. 17 of Defs' First Interrogatories, #9 Exhibit 8-A - Erin O'Neil Deposition Excerpt (p. 201), #10 Exhibit 8-B (REDACTED) - Erin O'Neil Deposition Excerpt, #11 Exhibit 9 - Pltfs' Second Supplemental Privilege Log Excerpt, #12 Exhibit 10 (REDACTED) - 09.13.18 Email Correspondence (CON_0042544), #13 Exhibit 11 - Pltfs' 09.23.19 Supplemental Privilege Log Excerpts)(Smith, Joseph)
September 23, 2019 Opinion or Order Filing 162 TEXT ORDER directing Lazarus Pharmaceuticals Inc., to respond to Concordia Pharmaceuticals' #161 motion for protective order on or before September 27, 2019. Signed by Magistrate Judge Jacquelyn D Austin on 9/23/2019. (gpre, )
September 20, 2019 Opinion or Order Filing 161 MOTION for Protective Order AGAINST NOTICE OF DEPOSITION OF ROBERT FORD, ESQ. by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 10/4/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Declaration of Bob Ford, Esq., Managing Director, Vice President of Legal Affairs, Plaintiff Concordia Pharmaceuticals, Inc., a subsidiary of Advanz Pharma. Corp., #2 Exhibit Excerpts from deposition of Andy Hoyt, August 27, 2019, #3 Exhibit Excerpts from Plaintiffs Supplemental Responses to Defendants Interrogatories, Sept. 19, 2019, #4 Exhibit Defendant's Notice of Videotape Deposition of Bob Ford, Esquire, Sept. 11, 2019)No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley)
September 19, 2019 Opinion or Order Filing 160 TEXT ORDER directing Lazarus Pharmaceuticals Inc., to respond to Concordia Pharmaceuticals' #159 motion for protective order on or before September 26, 2019. Signed by Magistrate Judge Jacquelyn D Austin on 9/19/2019. (gpre, )
September 18, 2019 Opinion or Order Filing 159 MOTION for Protective Order Against Notice of Deposition of Adeel Ahmad. by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 10/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Ahmad Excerpts, #2 Exhibit 2 - Notice of Continuation of Videotaped Depo. of Ahmed)No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley) (Corrected Main Document 159 replaced as provided by filing user and docket text edited on 9/18/2019 (gpre, ).
September 18, 2019 Opinion or Order Filing 158 TEXT ORDER directing Lazarus Pharmaceuticals Inc., to respond to Concordia Pharmaceuticals #157 Motion to Compel on or before September 25, 2019. Signed by Magistrate Judge Jacquelyn D Austin on 9/18/2019. (gpre, )
September 17, 2019 Opinion or Order Filing 157 MOTION to Compel Lazarus PBA Elixir Samples by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 10/1/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Plaintiffs Second Set of Requests for Production (the Second RPD), served July 29, 2019, #2 Exhibit Defendant's Response to Plaintiffs Second RPD, served August 28, 2019, #3 Exhibit Consultation email - dated Sept. 6, 2019)No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley)
August 30, 2019 Opinion or Order Filing 156 DEFENDANT'S SUPPLEMENTAL ID OF EXPERT WITNESSES Damages Expert by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson.(Smith, Joseph) (Corrected Document 156 replaced on 9/4/2019 as provided by filing user) (gpre, ).
August 23, 2019 Opinion or Order Filing 155 DEFENDANT'S ID OF EXPERT WITNESSES by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. (Attachments: #1 Exhibit CV Jean-Paul Laurin, #2 Exhibit CV Aaron Hullett)(Smith, Joseph) (Main Document 155 replaced as provided by filing user on 8/26/2019) (gpre, ). Supplemental #156 filed 8/30/2019 (gpre, ).
August 23, 2019 Opinion or Order Filing 154 TEXT ORDER granting #153 motion for extension. Defendants' expert report associated with Defendants' damages expert is now due by 8/30/19. Signed by Magistrate Judge Jacquelyn D Austin on 8/22/2019.(gpre, ) Modified on 8/23/2019 to edit text (gpre, ).
August 22, 2019 Opinion or Order Filing 153 Consent MOTION to Amend/Correct 129 Order, Extend Deadline by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 9/5/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order. Motions referred to Jacquelyn D Austin. (Williams, Burl) (Corrected Main Document 153 replaced as provided by filing user on 8/22/2019) (gpre, ).
August 7, 2019 Opinion or Order Filing 151 ORDER granting (95) Mediator's Motion for relief from appointment in case 6:18-cv-00704-HMH-JDA; granting (149) Mediator's Motion for relief from appointment in case 6:18-cv-01658-HMH-JDA; granting (87) Mediator's Motion for relief from appointment in case 6:19-cv-02061-HMH-JDA AND FURTHER ORDERING that the parties select a mutually agreeable mediator and mediate these cases by September 30, 2019. Upon completion of the mediation, the parties are to provide a report to the court regarding the outcome of the mediation. Signed by Honorable Henry M Herlong, Jr on 8/7/19. (sfla)
August 6, 2019 Opinion or Order Filing 149 MOTION Mediator's Motion for Relief from Appointment by Fred W Suggs, Jr. Response to Motion due by 8/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order. (Suggs, Fred) (Main Document 149 replaced on 8/6/2019 with searchable PDF document.) (sfla)
August 1, 2019 Opinion or Order Filing 148 ORDER the Court finds that Defendants are entitled to an award of sanctions in the amount of $29,671. Signed by Magistrate Judge Jacquelyn D Austin on 8/1/2019. (gpre, )
July 29, 2019 Opinion or Order Filing 147 TEXT ORDER (re: sealed documents in 6:19-cv-02061-HMH-JDA) granting (91) Motion to Seal in case 6:18-cv-00704-HMH-JDA; granting (145) Motion to Seal in case 6:18-cv-01658-HMH-JDA; granting (71) Motion to Seal in case 6:19-cv-02061-HMH-JDA. Signed by Magistrate Judge Jacquelyn D Austin on 7/29/2019.Associated Cases: 6:19-cv-02061-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:18-cv-01658-HMH-JDA(gpre, ) Modified on 8/1/2019to add text (gpre, ).
July 29, 2019 Opinion or Order Filing 146 DELETION OF DOCKET ENTRY NUMBER 144 Reason: refiled by clerk to correct event type. Corrected Filing Document Number #145 . Modified filing date to that of original filing: 7/26/2019 (gpre, )
July 26, 2019 Opinion or Order Filing 145 MOTION to Seal documents (in 6:19-cv-02061-HMH-JDA) with memorandum of law incorporated, by Concordia Pharmaceuticals Inc, Concordia Pharmaceuticals US Inc, Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 8/9/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 6:19-cv-02061-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:18-cv-01658-HMH-JDAMotions referred to Jacquelyn D Austin.(gpre, ) Refiled by Clerk to correct event type Modified on 8/1/2019 to add text (gpre, ).
July 26, 2019 Opinion or Order Filing 143 REPLY to Response to Motion re (43 in 6:19-cv-02061-HMH-JDA) (TO BE FILED WITH MOTION TO FILE UNDER SEAL) Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. (Attachments: #1 Affidavit Affidavit / Declaration of Tory Ian Summey, #2 Exhibit Redacted Exhibit 1 - CONCORDIA-VEV0002540, #3 Exhibit Redacted Exhibit 2 - CONCORDIA-0015360, #4 Exhibit Redacted Exhibit 3 - CONCORDIA-VEV0001106, #5 Exhibit Redacted Exhibit 4 - Gites Deposition Excerpts, #6 Exhibit Redacted Exhibit 5 - CONCORDIA-VEV0001272)Associated Cases: 6:19-cv-02061-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:18-cv-01658-HMH-JDA(Few, Wesley)
July 26, 2019 Opinion or Order Filing 142 NOTICE of Appearance by Wesley D Few on behalf of Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL Associated Cases: 6:19-cv-02061-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:18-cv-01658-HMH-JDA(Few, Wesley)
July 26, 2019 Opinion or Order Filing 141 DELETION OF DOCKET ENTRY NUMBER 141 in case 6:18-cv-01658-HMH-JDA ; 87 in case 6:18-cv-00704-HMH-JDA; 67 in case 6:19-cv-02061-HMH-JDA; Reason: Clerk entered in error - document was filed 7/25/19; Corrected Filing Document Number (63 in 6:19-cv-02061-HMH-JDA), (82 in 6:18-cv-00704-HMH-JDA), (137 in 6:18-cv-01658-HMH-JDA) Modified filing date to that of original filing: 7/25/19 Associated Cases: 6:18-cv-01658-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:19-cv-02061-HMH-JDA(sfla)
July 25, 2019 Opinion or Order Filing 140 ***DOCUMENT MAILED ( 82 in 6:18-cv-00704-HMH-JDA) Mediation Order, ( #63 in 6:19-cv-02061-HMH-JDA) Mediation Order, ( #137 in 6:18-cv-01658-HMH-JDA) Mediation Order, placed in U.S. Mail from Greenville Clerks Office to Fred Wilson Suggs, Jr., Ogletree Deakins Nash Smoak and Stewart, PO Box 2757, Greenville, SC 29602. Associated Cases: 6:19-cv-02061-HMH-JDA, 6:18-cv-00704-HMH-JDA, 6:18-cv-01658-HMH-JDA(kmca)
July 25, 2019 Opinion or Order Filing 139 ***DOCUMENT E-MAILED #137 Mediation Order, to Fred W Suggs, Jr. (kmca)
July 25, 2019 Opinion or Order Filing 137 ORDER The parties in these consolidated cases are directed to mediate before Fred W. Suggs, Jr., Esquire, by September 30, 2019. Upon completion of the mediation, the parties are to provide areport to the court regarding the outcome of the mediation. Signed by Honorable Henry M Herlong, Jr on 7/25/2019. (gpre, )
July 24, 2019 Opinion or Order Filing 136 TEXT ORDER granting #134 Motion to Appear Pro Hac Vice. Caroline Bassett Warren for Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Signed by Magistrate Judge Jacquelyn D Austin on 7/24/2019.(gpre, ) Modified on 7/24/2019 to add text(gpre, ).
July 24, 2019 Opinion or Order Filing 135 ORDER consolidating case numbers 6:18-1658-HMH-JDA, 6:18-704-HMH-JDA, and 6:19-2061-HMH, and referring all actions to US Magistrate Judge Austin for pretrial consideration. Signed by Honorable Henry M Herlong, Jr on 7/24/19. (sfla)
July 23, 2019 Opinion or Order Filing 134 MOTION to Appear Pro Hac Vice by Carolina Bassett Warren ( Filing fee $ 250 receipt number 0420-8571683) by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 8/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents PHV Application and Certificates of Good Standing, #2 Proposed Order Order for PHV Admission)No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley) (Main Document 134 replaced on 7/24/2019 with searchable PDF provided by filing user) (sfla).
July 10, 2019 Opinion or Order Filing 132 REPLY by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL to #131 Memorandum in Support of Judgment, Opposition/Reply. (Few, Wesley)
July 3, 2019 Opinion or Order Filing 131 MEMORANDUM IN SUPPORT OF JUDGMENT OF FEES AND COSTS by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. (Attachments: #1 Affidavit of Joseph O. Smith, #2 Affidavit of Burl F. Williams, #3 Exhibit A - Fees and Costs, #4 Affidavit of John R. Perkins)(Smith, Joseph)
June 20, 2019 Opinion or Order Filing 130 SECOND AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 7/23/2019, Defendants ID of Expert Witnesses Due by 8/23/2019, Records Custodian Affidavit due by 8/23/2019, Discovery due by 9/23/2019, Motions due by 10/7/2019, Rule 26(a)(3) Disclosures due by 11/19/2019, Jury Selection Deadline 12/23/2019, Mediation Due by 9/30/2019, Signed by Magistrate Judge Jacquelyn D Austin on 6/20/2019. (gpre, )
June 20, 2019 Opinion or Order Filing 129 TEXT ORDER granting #128 motion to amend/correct scheduling order. The parties have submitted a joint proposed amended scheduling order that will be filed in this case. This will be the final extension. Signed by Magistrate Judge Jacquelyn D Austin on 6/20/2019.(gpre, ) Modified on 6/20/2019 to add text (gpre, ).
June 19, 2019 Opinion or Order Filing 128 Consent MOTION to Amend/Correct Scheduling Orders by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 7/3/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order Second Amended Scheduling Order)No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley)
June 17, 2019 Opinion or Order Filing 127 ORDER RULING ON #115 REPORT AND RECOMMENDATION; GRANTING #102 Motion to Dismiss Counterclaims filed by Concordia Pharmaceuticals Inc SARL and DISMISSING as MOOT #102 motion to strike; DENYING #108 Motion for Oral Argument filed by Lazarus Pharmaceuticals Inc, Mark Thompson, Jean Paul Laurin. Signed by Honorable Henry M Herlong, Jr on 6/17/19. (sfla)
June 14, 2019 Opinion or Order Filing 126 REPLY by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL to #121 Objection to Report and Recommendation, PLAINTIFFS' OPPOSITION TO DEFENDANTS OBJECTIONS TO THE REPORT AND RECOMMENDATION. (Few, Wesley)
June 13, 2019 Opinion or Order Filing 124 ORDER the Defendants' motion for sanctions #113 is GRANTED. By July 3, 2019, Defendants shall file a memorandum addressing the amount of prejudice that Plaintiffs' noncompliance caused, along with an affidavit of costs and fees. Plaintiff shall file a response by July 10, 2019. Thereafter, the Court will issue a separate Order addressing the amount of sanctions. Signed by Magistrate Judge Jacquelyn D Austin on 6/13/2019.(gpre, )
June 7, 2019 Opinion or Order Filing 123 PLAINTIFF'S ID OF EXPERT WITNESSES by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL.(Few, Wesley)
May 31, 2019 Opinion or Order Filing 121 OBJECTION to #115 Report and Recommendation by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Reply to Objections due by 6/14/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Smith, Joseph)
May 28, 2019 Opinion or Order Filing 120 REPLY to Response to Motion re #113 First MOTION for Sanctions Defendants Response filed by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. (Attachments: #1 Exhibit A - Full Consultation Exchange dated 04.30.19 - 05.03.19)(Smith, Joseph)
May 23, 2019 Opinion or Order Filing 119 TEXT ORDER granting #118 motion for extension. Plaintiffs' ID of experts now due June 7, 2019. Defendants' ID of experts now due July 8, 2019. Signed by Magistrate Judge Jacquelyn D Austin on 5/23/2019.(kric, ) Modified on 5/23/2019 to edit text (kric, ).
May 22, 2019 Opinion or Order Filing 118 Consent MOTION for Extension of Time for Expert Deadlines by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 6/5/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order for Extension of Expert Deadlines)No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley)
May 20, 2019 Opinion or Order Filing 116 RESPONSE in Opposition re #113 First MOTION for Sanctions Defendants Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL.Reply to Response to Motion due by 5/28/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Dec. 7, 2018, Joint Motion for Protective Order (S.D. Cal.), #2 Exhibit Feb. 22, 2019, Protective Order (S.D.Cal.), #3 Exhibit Mar. 21, 2019, Notice of Depositions of Messrs. Gites, Cavallino, and VeV, #4 Exhibit Apr. 5, 2019, Complaint v. VeV (S.D. Cal.), #5 Exhibit Apr. 8, 2019, email courtesy copy of Complaint v. VeV (S.D. Cal.), #6 Exhibit Apr. 10, 2019, Motion for Preliminary Injunction v. VeV (S.D. Cal.), #7 Exhibit Apr. 15, 2019, Corrected Motion for Preliminary Injunction v. VeV (S.D. Cal.), #8 Exhibit Apr. 19, 2019, email to counsel to Lazarus with list of documents filed under seal in S.D. Cal., #9 Exhibit Apr. 19, 2019, email consultations with counsel to VeV, #10 Exhibit Apr. 22, 2019, follow up email consultations with counsel to VeV, #11 Exhibit Apr. 25, 2019, Plaintiffs withdrawal of Preliminary Injunction Motion (S.D. Cal.), #12 Exhibit Apr. 30 to May 3, 2019 email chain with Lazarus demand for fees and costs)(Few, Wesley)
May 17, 2019 Opinion or Order Filing 115 REPORT AND RECOMMENDATION recommending that #108 Defendants' MOTION for Oral Argument re #102 MOTION be DENIED; recommending that #102 Plaintiffs' MOTION to Dismiss and Strike Counterclaims be GRANTED; recommending that Defendants' request to amend its answer to add counterclaims be DENIED. Objections to R&R due by 5/31/2019. Signed by Magistrate Judge Jacquelyn D Austin on 5/20/19. (sfla) Modified on 5/20/2019 to correct FILING DATE and OBJECTION DATE (sfla).
May 6, 2019 Opinion or Order Filing 113 First MOTION for Sanctions Defendants by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 5/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Defendants' Motion for Sanctions, #2 Exhibit A - CA Protective Order entered 02.22.19, #3 Exhibit B - Summey's Declaration in Support of Pltfs' Mtn for PLI filed 04.15.19, #4 Exhibit C - 4.19.19 Morning Email Def Counsel Notifying Plf Violation, #5 Exhibit D - 4.19.19 Caplan Email Notifying Plf Violation, #6 Exhibit E - 4.19.19 Def Counsel Follow Up to Caplan Email, #7 Exhibit F - 4.19.19 Def Counsel Response to L. Smith Email, #8 Exhibit G - 4.19.19 Plfs Ex Parte Motion and Proposed Order, #9 Exhibit H - Transcript 4.24.19 Hearing Ex Parte Motion)No proposed order.Motions referred to Jacquelyn D Austin.(Smith, Joseph)
May 3, 2019 Opinion or Order Filing 112 REPLY by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL to Defendant's Request for Oral Argument on Plaintiff's Motion to Dismiss and Counterclaims. (Few, Wesley) Modified on 5/3/2019 to delete attachment as requested by filer.(gpre, ).
May 1, 2019 Opinion or Order Filing 111 Redaction of #103 Transcript. (kmartin, )
May 1, 2019 Opinion or Order Filing 110 TEXT ORDER granting #109 Motion to Redact #103 Transcript. Signed by Magistrate Judge Jacquelyn D Austin on 5/1/2019.(gpre, )
April 30, 2019 Opinion or Order Filing 109 First MOTION to Redact #103 Transcript, by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 5/14/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Defendant's Consent)No proposed order.Motions referred to Jacquelyn D Austin.(Few, Wesley) Modified on 5/1/2019 to edit text (gpre, ).
April 29, 2019 Opinion or Order Filing 108 MOTION for Hearing re #104 Response in Opposition to Motion, #107 Reply to Response to Motion, #102 MOTION to Dismiss and Strike Counterclaims by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson. Response to Motion due by 5/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Jacquelyn D Austin.(Smith, Joseph)
April 19, 2019 Opinion or Order Filing 107 REPLY to Response to Motion re (102 in 6:18-cv-01658-HMH-JDA) MOTION to Dismiss and Strike Counterclaims Response filed by Concordia Pharmaceuticals Inc, Concordia Pharmaceuticals US Inc, Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Associated Cases: 6:18-cv-01658-HMH-JDA, 6:18-cv-00704-HMH-JDA(Few, Wesley)
April 15, 2019 Opinion or Order Filing 105 NOTICE of Intent to Request Redaction by Wesley D Few re (103 in 6:18-cv-01658-HMH-JDA) Transcript,, Associated Cases: 6:18-cv-01658-HMH-JDA, 6:18-cv-00704-HMH-JDA(Few, Wesley)
April 12, 2019 Opinion or Order Filing 104 RESPONSE in Opposition re #102 MOTION to Dismiss and Strike Counterclaims Response filed by Jean Paul Laurin, Lazarus Pharmaceuticals Inc, Mark Thompson.Reply to Response to Motion due by 4/19/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Williams, Burl)
April 9, 2019 Opinion or Order Filing 103 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion Hearing held on 10/3/18, before Judge Henry M. Herlong, Jr. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 4/30/2019. Redacted Transcript Deadline set for 5/13/2019. Release of Transcript Restriction set for 7/8/2019. (kmartin, )
March 29, 2019 Opinion or Order Filing 102 MOTION to Dismiss and Strike Counterclaims by Concordia Pharmaceuticals Inc. Response to Motion due by 4/12/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1-Compaint filed in Superior Court California)No proposed order. Motions referred to Jacquelyn D Austin.(Few, Wesley) Modified on 4/1/2019 to add description to attachment. Delete link to case 16-704 (gpre, ).
March 13, 2019 Opinion or Order Filing 101 AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 4/23/2019, Plaintiffs ID of Expert Witness due by 5/24/2019, Defendants ID of Expert Witnesses Due by 6/24/2019, Records Custodian Affidavit due by 6/24/2019, Discovery due by 7/24/2019, Motions due by 8/7/2019, Rule 26(a)(3) Disclosures due by 9/20/2019, Jury Selection Deadline 10/22/2019, Mediation Due by 7/31/2019, Signed by Magistrate Judge Jacquelyn D Austin on 3/13/2019. Associated Cases: 6:18-cv-01658-HMH-JDA, 6:18-cv-00704-HMH-JDA(gpre, )
March 13, 2019 Opinion or Order Filing 100 TEXT ORDER granting #98 Motion to Amend Scheduling Order. Signed by Magistrate Judge Jacquelyn D Austin on 3/13/2019.(gpre, )
March 12, 2019 Opinion or Order Filing 98 First MOTION to Amend Conference and Scheduling Order by Concordia Pharmaceuticals Inc. Response to Motion due by 3/26/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order Amended Scheduling Order)No proposed order.Associated Cases: 6:18-cv-01658-HMH-JDA, 6:18-cv-00704-HMH-JDA. Motions referred to Jacquelyn D Austin.(Few, Wesley) (Corrected Main Document and Attachment 1 replaced on 3/13/2019 as provided by filing user) (gpre, ).
March 8, 2019 Opinion or Order Filing 96 Amended ANSWER to #80 Amended Complaint,,, , COUNTERCLAIM against Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL by Jean Paul Laurin, Mark Thompson, Lazarus Pharmaceuticals Inc. (Attachments: #1 Exhibit 1 - 07.05.16 FDA Letter to First Databank, Inc., #2 Exhibit 2 - 05.05.17 FDA Letter to Concordia Counsel (BIR), #3 Exhibit 3 - 11.04.16 BIR Letter to AmerisourceBergen)(Smith, Joseph)
February 19, 2019 Opinion or Order Filing 95 DELETION OF DOCKET ENTRY NUMBER 92 Reason: Incorrect parties (All Defendants) added as Counter Defendants. Corrected Filing Document Number #94 refiled by Clerk. Modified filing date to that of original filing: 02/15/2019. (gpre, )
February 18, 2019 Opinion or Order Filing 93 ACCEPTANCE OF SERVICE OF AMENDED COMPLAINT #80 by Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL, Advanz Pharma Corp. Jean Paul Laurin served on 2/8/2019, answer due 3/1/2019; Mark Thompson served on 2/8/2019, answer due 3/1/2019. (Attachments: #1 Exhibit February 15, 2019, email from Josh Smith, Esq., advising of acceptance of service on behalf of Mark Thompson and Jean Paul Laurin and)(Few, Wesley) Modified on 2/19/2019 to edit text and link to amended complaint (gpre, ).
February 15, 2019 Opinion or Order Filing 94 ANSWER to #80 Amended Complaint, COUNTERCLAIM against Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL by Jean Paul Laurin, Mark Thompson, Lazarus Pharmaceuticals Inc. (Attachments: #1 Exhibit 1-07.05.16 FDA Letter to First Databank Inc, #2 Exhibit 2-05.05.17 FDA Letter to Concordia Counsel (BIR), #3 Exhibit 3-11.04.16 BIR Letter to AmerisourceBergen)(gpre, ) Refiled by clerk to correct Counter Defendants, link to Amended Complaint. Modified on 3/8/2019: SEE #96 Amended Answer (kmca).
February 15, 2019 Opinion or Order Filing 91 Withdrawal of Motions: (39 in 6:18-cv-00704-HMH-JDA) MOTION to Compel DEFENDANT TO COMPLY WITH PLAINTIFFS SECOND REQUESTS FOR PRODUCTION OF DOCUMENTS filed by Concordia Pharmaceuticals US Inc, Concordia Pharmaceuticals Inc.. Associated Cases: 6:18-cv-01658-HMH-JDA, 6:18-cv-00704-HMH-JDA(Few, Wesley)
February 8, 2019 Opinion or Order Filing 90 Summons Issued as to Jean Paul Laurin. (gpre, )
February 8, 2019 Opinion or Order Filing 89 Summons Issued as to Mark Thompson. (gpre, )
February 5, 2019 Opinion or Order Filing 87 NOTICE TO COUNSEL REGARDING FILING IN CONSOLIDATED CASES: All documents must be filed separately in the lead case and filed in the member case if necessary. DO NOT ATTEMPT TO FILE IN THE LEAD CASE AND SPREAD DOCUMENTS TO THE MEMBER CASE. (gpre, )
February 5, 2019 Opinion or Order Filing 86 Case Reassigned to Judge Magistrate Judge Jacquelyn D. Austin. (bshr, )
February 4, 2019 Opinion or Order Filing 85 OPINION and ORDER that this case is consolidated as the lead case with Civil Action 6:18cv704-HMH-JDA, with all matters referred to US Magistrate Judge Austin for pretrial consideration. Signed by Honorable Henry M Herlong, Jr on 2/4/19. (sfla)
February 4, 2019 Opinion or Order Filing 83 TEXT ORDER denying as moot #79 Motion to Amend/Correct Complaint. Entered by Honorable Henry M Herlong, Jr on February 4, 2019. (bedw)
February 4, 2019 Opinion or Order Filing 82 TEXT ORDER granting #81 Consent Motion to Amend/Correct #79 First Motion to Amend/Correct Complaint and filing of #80 Amended Complaint. Entered by Honorable Henry M Herlong, Jr on February 4, 2019. (bedw)
February 1, 2019 Opinion or Order Filing 81 Consent MOTION to Amend/Correct #79 First MOTION to Amend/Correct Complaint, #80 Amended Complaint,, by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 2/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Defendant Lazarus's email consent to file First Amended Complaint)No proposed order.(Few, Wesley) Modified on 2/4/2019 to correct filers (sfla).
February 1, 2019 Opinion or Order Filing 80 FIRST AMENDED COMPLAINT (filed with consent) against Lazarus Pharmaceuticals Inc, Mark Thompson, and Jean Paul Laurin, filed by Concordia Pharmaceuticals Inc SARL, Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc. Service due by 5/2/2019 (Attachments: #1 Exhibit FDA Elixir Conditional Approval letter, December 30, 1980, #2 Exhibit National Drug Code Director Listing for Lazarus, June 14, 2018, #3 Exhibit DailyMed listing for Lazarus, April 2018, #4 Exhibit Camerons MediSpan listing for elixir, April 26, 2018) (Few, Wesley) Modified on 2/4/2019 to realign parties and make filing AGAINST defendants instead of plaintiffs as filed. (Attachment 4 replaced on 2/4/2019 with correctly-oriented document provided by filing user) (sfla).
January 18, 2019 Opinion or Order Filing 79 First MOTION to Amend/Correct Complaint by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc, S.A.R.L.. Response to Motion due by 2/1/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Redline version of Amended Complaint)No proposed order.(Few, Wesley)
January 18, 2019 Opinion or Order Filing 78 NOTICE of Appearance by Burl Franklin Williams on behalf of Lazarus Pharmaceuticals Inc (Williams, Burl)
November 14, 2018 Opinion or Order Filing 76 MEDIATION ORDER; Mediation Due by 7/31/2019. Signed by Honorable Henry M Herlong, Jr on 11/14/18. (sfla)
November 14, 2018 Opinion or Order Filing 75 AMENDED SCHEDULING ORDER; Motions to Amend Pleadings due by 4/23/2019, Plaintiffs ID of Expert Witness due by 5/24/2019, Defendants ID of Expert Witnesses Due by 6/24/2019, Records Custodian Affidavit due by 6/24/2019, Discovery due by 7/24/2019, Motion in Limine due by 10/8/2019, Motions due by 8/7/2019, Rule 26(a)(3) Disclosures due by 9/20/2019, Pretrial Briefs due by 10/15/2019, Jury Selection Deadline 10/22/2019. Signed by Honorable Henry M Herlong, Jr on 11/14/18. (sfla)
November 9, 2018 Opinion or Order Filing 74 DELETION OF DOCKET ENTRY NUMBER 72 - Reason: attorney refiled with corrected form; Corrected Filing Document Number #73 ; Modified filing date to that of original filing: 11/6/18 (sfla)
November 6, 2018 Opinion or Order Filing 73 Rule 26(f) Report by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc, S.A.R.L.. (Attachments: #1 Supporting Documents Consent Amended Conference and Scheduling Order, #2 Supporting Documents Joint Rule 26(f) detailed report, #3 Exhibit A to the Supporting Document - Joint Rule 26(f) detailed report)(Few, Wesley) Modified on 11/9/2018 to change filing date to that of original filing (sfla).
October 17, 2018 Opinion or Order Filing 70 ORDER granting #69 Motion for Confidentiality Order; CONFIDENTIALITY ORDER ENTERED. Signed by Honorable Henry M Herlong, Jr on 10/17/18.(sfla)
October 15, 2018 Opinion or Order Filing 69 CONSENT MOTION for Confidentiality Order by Lazarus Pharmaceuticals Inc. Response to Motion due by 10/29/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Confidentiality Order) Proposed order is being emailed to chambers with copy to opposing counsel.(Smith, Joseph) (Main Document 69 replaced on 10/17/2018 with correct form provided by filing user; text edited to remove duplicate wording on attachment.) (sfla).
October 3, 2018 Opinion or Order Filing 68 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 10/23/2018, 26(a) Initial Disclosures due by 11/6/2018, Rule 26 Report due by 11/6/2018; Motions to Amend Pleadings due by 2/20/2019, Plaintiffs ID of Expert Witness due by 3/22/2019, Defendants ID of Expert Witnesses Due by 4/23/2019, Records Custodian Affidavit due by 4/23/2019, Discovery due by 5/23/2019, Motions due by 6/6/2019, Rule 26(a)(3) Disclosures due by 7/19/2019, Motion in Limine due by 8/6/2019, Pretrial Briefs due by 8/13/2019, Jury Selection Deadline 8/20/2019. Signed by Honorable Henry M Herlong, Jr on 10/3/18. (sfla)
October 3, 2018 Opinion or Order Filing 67 Minute Entry. Proceedings held before Honorable Henry M Herlong, Jr: MOTION HEARING HELD re #58 MOTION to Seal certain documents as set out; #14 MOTION for Preliminary Injunction; #15 MOTION to Seal portions of Document #14 . (All motions filed by Concordia Pharmaceuticals Inc, Concordia Pharmaceuticals (US) Inc, Concordia International Corp.) ORAL ORDER granting granting #58 Motion to Seal ; granting #15 Motion to Seal; denying #14 Motion for Preliminary Injunction entered in open court. Court Reporter Karen Martin. (sfla)
October 2, 2018 Opinion or Order Filing 66 Amended ANSWER to #1 Complaint,,,, by Lazarus Pharmaceuticals Inc.(Smith, Joseph)
October 1, 2018 Opinion or Order Filing 65 SUR REPLY to REPLY to Response to Motion re #14 MOTION for Preliminary Injunction Response filed by Lazarus Pharmaceuticals Inc. (Attachments: #1 Third Affidavit of Mark Thompson, #2 Affidavit of Boris Gites, #3 Affidavit of Charles Cavallino)(Smith, Joseph) Modified on 10/3/2018 to edit text to remove repetitive words. (sfla).
October 1, 2018 Opinion or Order Filing 64 TEXT ORDER granting #63 Motion for Leave to File Sur Reply. Entered at the direction of Honorable Henry M Herlong, Jr on 10/1/18.(sfla)
September 28, 2018 Opinion or Order Filing 63 MOTION for Leave to File Sur Reply by Lazarus Pharmaceuticals Inc. Response to Motion due by 10/12/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Defendant's Sur Reply, #2 Affidavit 3rd of Mark Thompson, #3 Affidavit Boris Gites, #4 Affidavit Charles Cavallino)No proposed order.(Smith, Joseph) (Attachment 2 replaced on 10/1/2018 with correct document provided by filing user; Affidavit included in filing) (sfla).
September 24, 2018 Opinion or Order Filing 62 NOTICE of Hearing on Motion #14 MOTION for Preliminary Injunction and ALL PENDING MOTIONS: Motion Hearing set for 10/3/2018 01:30 PM in Greenville #1, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable Henry M Herlong Jr. (sfla)
September 21, 2018 Opinion or Order Filing 61 DELETION OF DOCKET ENTRY NUMBER 61 - Reason: document was already filed in the record as an exhibit to the motion to supplement; document was filed with no cover page, no USDC case caption/number, and no attorney signature; Correct Filing Document Number #59 , Exhibit 1. (sfla)
September 21, 2018 Opinion or Order Filing 60 TEXT ORDER granting #59 Motion for Leave to File Supplement to Record with Statement of Defence. Entered by Honorable Henry M Herlong, Jr on September 21, 2018. (bedw)
September 20, 2018 Opinion or Order Filing 59 MOTION for Leave to File Supplement to Record with Statement of Defence by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc, S.A.R.L.. Response to Motion due by 10/4/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Statement of Defence, filed on behalf of Mark Thompson and Lazarus Pharmaceuticals, Inc., litigation pending in Ontario Superior Court of Justice, Court File No. CV -18-00600720-0000)No proposed order.(Few, Wesley)
September 17, 2018 Opinion or Order Filing 58 MOTION to Seal Exhibit A to Plaintiffs' Reply, and Second Declaration of Erin O'Neil and Exhibits 1 and 2 to same, MOTION to Seal portions of Document #57 Reply to Response to Motion (Response to Motion due by 10/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc. No proposed order. (Few, Wesley) Modified on 9/18/2018 to edit text (sfla).
September 17, 2018 Opinion or Order Filing 57 REPLY to Response to Motion re #14 MOTION for Preliminary Injunction (portions REDACTED - items filed subject to accompanying motion to seal) filed by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc. (Attachments: #1 Exhibit A - REDACTED - see #58 Motion to Seal, #2 Exhibit B - Trademark App filed by Thompson for BARBELOID 10/31/17, #3 Exhibit C - Kinsey Deposition Excerpts 3/7/16, #4 Exhibit D - Ex 1 to Kinsey Declaration, 2/26/16, #5 Exhibit E - FDA Power Point: "Marketed Unapproved Drugs," Dr. Lori Canton, #6 Exhibit F - REDACTED - see #58 Motion to Seal - Second Decl Erin O'Neil, #7 Exhibit F-1 - REDACTED - see #58 Motion to Seal - Ex. 1 to 2nd Decl of Erin O'Neil, #8 Exhibit F-2 - REDACTED - see #58 Motion to Seal - Ex. 2 to 2nd Decl of Erin O'Neil) (Few, Wesley) (Attachment 5 replaced on 9/18/2018 by clerk to reduce file size and attempt to place file stamp on document); Modified on 9/18/2018 to shorten and clarify descriptions (sfla). Modified on 9/20/2018 (sfla, ). (ALL Attachments replaced on 9/21/2018 with documents provided by filing user to incorporate cover pages which conform exhibit designations "A through F-2" to match ECF entry) (sfla).
September 14, 2018 Opinion or Order Filing 56 TEXT ORDER granting #55 Motion for Extension of Time to File Response/Reply re #14 MOTION for Preliminary Injunction Reply due by 9/17/2018. Entered at the direction of Honorable Henry M Herlong, Jr on 9/14/18.(sfla)
September 14, 2018 Opinion or Order Filing 55 Consent MOTION for Extension of Time to File Response/Reply as to #53 Response in Opposition to Motion,,,, by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc. Response to Motion due by 9/28/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Few, Wesley)
September 11, 2018 Opinion or Order Filing 54 Lazarus Pharmaceutical, Inc.'s ANSWER to #1 Complaint,,,, by Lazarus Pharmaceuticals Inc.(Smith, Joseph)
September 7, 2018 Opinion or Order Filing 53 RESPONSE in Opposition re #14 MOTION for Preliminary Injunction Response filed by Lazarus Pharmaceuticals Inc.Reply to Response to Motion due by 9/14/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A- Affidavit of Sandra K.B. Kinsey, M.B.A., R.Ph., #2 Exhibit B- Affidavit of Mark Thompson, #3 Exhibit C- DailyMed Donnatal Listing, #4 Exhibit D- Lazarus PBA Elixir MediSpan Listing, #5 Exhibit E- Lazarus PBA Elixir - Package Insert, #6 Exhibit F- DailyMed Listing for Lazarus April 2018, #7 Exhibit G- Cameron's MediSpan Listing for Elixir, #8 Exhibit H- Deposition of Dr. Brian C. Reisetter, R.Ph., M.B.A., Ph.D., #9 Exhibit I- FDA Letter re Legality, #10 Supporting Documents Filings from Winder Labs Case (N D Ga))(Smith, Joseph) MODIFIED on 9/10/18: (Attachments 4 & 7 replaced with correctly oriented documents provided by filing user); Clerk added exhibit letters A-I used on cover pages for exhibits to exhibit descriptions for clarity. (sfla).
August 29, 2018 Opinion or Order Filing 52 TEXT ORDER granting #51 Motion for Extension of Time to File Response re #14 MOTION for Preliminary Injunction. Response to Motion due by 9/7/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Entered by Honorable Henry M Herlong, Jr on August 29, 2018. (bedw)
August 28, 2018 Opinion or Order Filing 51 MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Preliminary Injunction by Lazarus Pharmaceuticals Inc. Response to Motion due by 9/11/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Plaintiff Consent to Response Deadline Extension)No proposed order.(Smith, Joseph)
August 21, 2018 Opinion or Order Filing 49 TEXT ORDER lifting the stay on briefing related to the Motion for Preliminary Injunction. (Response to Motion #14 Motion for Preliminary Injunction and #15 Motion to Seal Exs B-1 and B-2 to Reisetter Declaration due by 9/4/2018. Reply to Response to Motions due 9/11/18, or 7 days after response is filed. Defendant's Answer due 9/4/18.) Entered at the direction of Honorable Henry M Herlong, Jr on 8/21/18. (sfla)
August 20, 2018 Opinion or Order Filing 46 OPINION and ORDER granting in part and denying in part Lazarus' #27 Motion to Dismiss for Lack of Jurisdiction as set out; granting Cameron's #30 Motion to Dismiss. Signed by Honorable Henry M Herlong, Jr on 8/20/18. (sfla) Modified on 8/20/2018 to edit text (sfla).
August 17, 2018 Opinion or Order Filing 45 TEXT ORDER granting #44 Motion for Tory Ian Summey to Appear Pro Hac Vice for plaintiffs. Entered at the direction of Honorable Henry M Herlong, Jr on 8/17/18.(sfla)
August 17, 2018 Opinion or Order Filing 44 First MOTION to Appear Pro Hac Vice by Tory Ian Summey ( Filing fee $ 250 receipt number 0420-7949788) by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc, S.A.R.L.. Response to Motion due by 8/31/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents PHV Application and Certificates of Good Standing, #2 Proposed Order Order for PHV Admission)No proposed order.(Few, Wesley)
August 12, 2018 Opinion or Order Filing 43 REPLY to Response to Motion re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Cameron Pharmaceuticals LLC. (Attachments: #1 Exhibit FDA opinion letter)(Ford, Ian)
August 10, 2018 Opinion or Order Filing 42 REPLY to Response to Motion re #27 MOTION to Dismiss for Lack of Jurisdiction Response filed by Lazarus Pharmaceuticals Inc. (Attachments: #1 Exhibit FDA May 5, 2017 Letter)(Smith, Joseph) (Attachment 1 replaced on 8/13/2018: as requested by and provided by filing user) (kmca).
August 7, 2018 Opinion or Order Filing 41 TEXT ORDER granting #40 Motion for Extension of Time to File Response/Reply re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Replies due by 8/13/2018. Entered at the direction of Honorable Henry M Herlong, Jr on 8/7/18.(sfla)
August 7, 2018 Opinion or Order Filing 40 Consent MOTION for Extension of Time to File Response/Reply as to #39 Response in Opposition to Motion, by Cameron Pharmaceuticals LLC. Response to Motion due by 8/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Ford, Ian)
August 2, 2018 Opinion or Order Filing 39 RESPONSE in Opposition re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc.Reply to Response to Motion due by 8/9/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Few, Wesley)
August 2, 2018 Opinion or Order Filing 38 TEXT ORDER granting #37 Consent Motion for Extension of Time to File Reply re #27 MOTION to Dismiss for Lack of Jurisdiction. Reply due by 8/10/2018. Entered by Honorable Henry M Herlong, Jr on August 2, 2018. (bedw)
August 2, 2018 Opinion or Order Filing 37 MOTION for Extension of Time to File Response/Reply as to #36 Response in Opposition to Motion,, by Lazarus Pharmaceuticals Inc. Response to Motion due by 8/16/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Plaintiff Consent to Response Deadline Extension)No proposed order.(Smith, Joseph)
July 31, 2018 Opinion or Order Filing 36 RESPONSE in Opposition re #27 MOTION to Dismiss for Lack of Jurisdiction filed by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc. Reply to Response to Motion due by 8/7/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Miles Declaration, #2 Ex. 1 to Miles Declaration)(Few, Wesley) Modified on 8/1/2018 to edit text to remove repeated words in exhibit attachment description (sfla).
July 31, 2018 Opinion or Order Filing 35 TEXT ORDER granting #33 Motion for Scott Lloyd Smith to Appear Pro Hac Vice for Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc. Entered at the direction of Honorable Henry M Herlong, Jr on 7/31/18.(sfla)
July 31, 2018 Opinion or Order Filing 33 MOTION to Appear Pro Hac Vice by Scott Lloyd Smith. Filing Fee Receipt Number 0420-7917326 (Filing fee $ 250) by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc. (Attachments: #1 Affidavit in Support of PHV Admission with attached Certificates of Good Standing)(sfla)
July 31, 2018 Opinion or Order Filing 32 TEXT ORDER granting #31 Motion to Stay. Entered by Honorable Henry M Herlong, Jr on July 31, 2018. (bedw)
July 30, 2018 Opinion or Order Filing 31 MOTION to Stay re #14 MOTION for Preliminary Injunction by Cameron Pharmaceuticals LLC. Response to Motion due by 8/13/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Ford, Ian)
July 30, 2018 Opinion or Order Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cameron Pharmaceuticals LLC. Response to Motion due by 8/13/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit of Michael Venters)(Ford, Ian) Modified on 7/30/2018 to edit text to remove duplicate word (sfla).
July 23, 2018 Opinion or Order Filing 29 TEXT ORDER granting #28 Motion to Stay. Entered by Honorable Henry M Herlong, Jr on July 23, 2018. (bedw)
July 18, 2018 Opinion or Order Filing 28 MOTION to Stay re #14 MOTION for Preliminary Injunction by Lazarus Pharmaceuticals Inc. Response to Motion due by 8/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, Joseph)
July 17, 2018 Opinion or Order Filing 27 MOTION to Dismiss for Lack of Jurisdiction by Lazarus Pharmaceuticals Inc. Response to Motion due by 7/31/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Affidavit of Mark Thompson) No proposed order.(Smith, Joseph) Modified on 7/17/2018 to add affidavit description as required by Judges' preferences (sfla).
July 13, 2018 Opinion or Order Filing 26 TEXT ORDER granting #22 Motion for Extension of Time to File Response/Reply re #14 MOTION for Preliminary Injunction Response to Motion due by 7/31/2018. Entered at the direction of Honorable Henry M Herlong, Jr on 7/13/18.(sfla)
July 13, 2018 Opinion or Order Filing 25 DELETION OF DOCKET ENTRY NUMBER 23; Reason: additional attachment was removed from this document and added to the original motion; Corrected Filing Document Number #22 (sfla)
July 13, 2018 Opinion or Order Filing 24 NOTICE of Appearance by William Alexander Coates on behalf of Lazarus Pharmaceuticals Inc (Coates, William)
July 13, 2018 Opinion or Order Filing 22 MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Preliminary Injunction by Lazarus Pharmaceuticals Inc. Response to Motion due by 7/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Smith, Joseph) (Additional attachment provided by filing user added on 7/13/2018: #1 Exhibit A - Plaintiff Consent to Response Deadline Extension) (sfla).
July 13, 2018 Opinion or Order Filing 21 LETTER EXTENDING TIME TO ANSWER Cameron Pharmaceuticals LLC answer due 7/31/2018. (Attachments: #1 Exhibit Written consents, #2 Exhibit Instructions from ECF)(Ford, Ian)
July 13, 2018 Opinion or Order Filing 20 NOTICE of Appearance by Joseph Owen Smith on behalf of Lazarus Pharmaceuticals Inc (Smith, Joseph)
July 13, 2018 Opinion or Order Filing 18 TEXT ORDER granting #17 Motion for Extension of Time for Cameron Pharmaceuticals, LLC to respond to Motion for Preliminary Injunction until 7/31/18. Entered at the direction of Honorable Henry M Herlong, Jr on 7/13/18. (sfla)
July 13, 2018 Opinion or Order Filing 17 Consent MOTION for Extension of Time to respond or otherwise move re: motion for preliminary injunction by Cameron Pharmaceuticals LLC. Response to Motion due by 7/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Ford, Ian)
July 6, 2018 Opinion or Order Filing 16 CERTIFICATE OF SERVICE by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc re #14 MOTION for Preliminary Injunction , #15 MOTION to Seal Document Requesting Sealing of Exs B-1 and B-2 to Reisetter Declaration (Few, Wesley) (Main Document 16 replaced on 7/11/2018 with revised document provided by filing user - documents were served by personal email, not through ECF system) (sfla).
July 6, 2018 Opinion or Order Filing 15 MOTION to Seal Document #14 MOTION for Preliminary Injunction Requesting Sealing of Exs B-1 and B-2 to Reisetter Declaration by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc. Response to Motion due by 7/20/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Few, Wesley)
July 6, 2018 Opinion or Order Filing 14 MOTION for Preliminary Injunction by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc. Response to Motion due by 7/20/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A - Declaration of Erin O'Neil, #3 Exhibit B - Reisetter Declaration (Exhibits B-1 and B-2 to file under seal))No proposed order. (Few, Wesley) Modified on 7/9/2018 to edit text to remove repeated words (sfla).
July 3, 2018 Opinion or Order Filing 13 DELETION OF DOCKET ENTRY NUMBER 11; Reason: refiled using correct event. Corrected Filing Document Number #12 (sfla)
July 2, 2018 Opinion or Order Filing 12 SUMMONS Returned Executed by Concordia Pharmaceuticals Inc, S.A.R.L., Concordia Pharmaceuticals (US) Inc, Concordia International Corp. Cameron Pharmaceuticals LLC served on 6/19/2018, answer due 7/10/2018. (Attachments: #1 Affidavit of service) (This document filed by Clerk to replace document 11, filed using incorrect event.) (sfla)
June 29, 2018 Opinion or Order Filing 10 SUMMONS Returned Executed by Concordia Pharmaceuticals Inc, S.A.R.L., Concordia Pharmaceuticals (US) Inc, Concordia International Corp. Lazarus Pharmaceuticals Inc served on 6/26/2018, answer due 7/17/2018. (Few, Wesley) (Replaced main document with attorney signature and Additional attachment(s) added on 7/3/2018: #1 Summons returned) (sfla).
June 25, 2018 Opinion or Order Filing 9 Summons Reissued as to Lazarus Pharmaceuticals Inc Summons to Barbados. (kmca)
June 19, 2018 Opinion or Order Filing 8 Summons Issued as to Lazarus Pharmaceuticals Inc Summons to South Carolina. (Attachments: #1 Summons Lazarus Pharma Inc Summons to Canada, #2 Summons Lazarus Pharma Inc Summons to Barbados)(kmca)
June 18, 2018 Opinion or Order Filing 5 Summons Issued as to Cameron Pharmaceuticals LLC. (kmca)
June 16, 2018 Opinion or Order Filing 4 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc, S.A.R.L..(kmca)
June 16, 2018 Opinion or Order Filing 3 Local Rule 26.01 Answers to Interrogatories by Concordia International Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc, S.A.R.L.(kmca)
June 16, 2018 Opinion or Order Filing 1 COMPLAINT against Cameron Pharmaceuticals LLC, Lazarus Pharmaceuticals Inc (Filing fee $400 receipt number 0420-7837178), filed by Concordia Pharmaceuticals Inc, S.A.R.L., Concordia Pharmaceuticals (US) Inc, Concordia International Corp. Service due by 9/14/2018. (Attachments: #1 Exhibit 1 - FDA Elixir Conditional Approval letter, Dec. 30, 1980, #2 Exhibit 2 - National Drug Code Directory Listing for Lazarus, June 14, 2018, #3 Exhibit 3 - DailyMed listing for Lazarus, April 2018, #4 Exhibit 4 - Camerons Medi-Span listing for elixir, April 26, 2018, #5 Exhibit 5 - Concordia Employment Offer to Blake Kelley, May 17, 2016, #6 Exhibit 6 - Blake Kelley Non-Compete Agreement, June 1, 2016, #7 Exhibit 7 - Blake Kelley Nondisclosure Agreement, June 1, 2016, #8 Exhibit 8 - Blake Kelley Separation Agreement and General Release, January 3, 2017, #9 Exhibit 9 - Mark Thompson Employment Agreement, June 17, 2014, #10 Exhibit 10 - Mark Thompson Separation Agreement Fully Executed, Nov. 8, 2016)(kmca)

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Search for this case: Concordia Pharmaceuticals Inc et al v. Lazarus Pharmaceuticals Inc et al
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Defendant: Cameron Pharmaceuticals LLC
Represented By: Ian S Ford
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Defendant: Lazarus Pharmaceuticals Inc
Represented By: Burl Franklin Williams
Represented By: William Alexander Coates
Represented By: Joseph Owen Smith
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Defendant: Mark Thompson
Represented By: Burl Franklin Williams
Represented By: William Alexander Coates
Represented By: Joseph Owen Smith
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Plaintiff: Concordia Pharmaceuticals Inc
Represented By: Wesley D Few
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Plaintiff: Concordia International Corp
Represented By: Wesley D Few
Represented By: Tory Ian Summey
Represented By: Scott Lloyd Smith
Represented By: Caroline Bassett Warren
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Plaintiff: S.A.R.L.
Represented By: Wesley D Few
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Plaintiff: Concordia Pharmaceuticals (US) Inc
Represented By: Wesley D Few
Represented By: Tory Ian Summey
Represented By: Scott Lloyd Smith
Represented By: Michael V O'Shaughnessy
Represented By: Caroline Bassett Warren
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Plaintiff: Concordia Pharmaceuticals Inc SARL
Represented By: Wesley D Few
Represented By: Tory Ian Summey
Represented By: Scott Lloyd Smith
Represented By: Michael V O'Shaughnessy
Represented By: Caroline Bassett Warren
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Counter claimant: Jean Paul Laurin
Represented By: Burl Franklin Williams
Represented By: William Alexander Coates
Represented By: Joseph Owen Smith
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Not classified by court: Attorney Fred W Suggs, Jr
Represented By: Fred Wilson Suggs, Jr
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Counter defendant: Advanz Pharma Corp
Represented By: Wesley D Few
Represented By: Tory Ian Summey
Represented By: Scott Lloyd Smith
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