Concordia Pharmaceuticals Inc. S.A.R.L. et al v. Vitae Enim Vitae Scientific Inc. et al
Plaintiff: Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL and Advanz Pharma Corp
Defendant: Boris Gites, Vitae Enim Vitae Scientific Inc. and Charles Cavallino
Not Yet Classified: Attorney Fred W Suggs, Jr
Case Number: 6:2019cv02061
Filed: July 23, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: Henry M Herlong
Nature of Suit: Other Statutory Actions
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2019 Filing 108 OPINION and ORDER adopting Report and Recommendations re #106 Report and Recommendation; denying #89 Motion to Dismiss for Lack of Jurisdiction and Motion to Dismiss for improper venue; granting #89 Motion to Transfer Case; transferring case to the United States District Court for the Southern District of California. Signed by Honorable Henry M Herlong, Jr on 9/18/19. (sfla)
September 3, 2019 Filing 107 ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Henry M. Herlong, Jr. (gpre, )
September 3, 2019 Filing 106 REPORT AND RECOMMENDATION the Court recommends that Defendants' motion to dismiss for lack of personal jurisdiction or, in the alternative, to transfer venue #89 be GRANTED in part and DENIED in part. The Court recommends that Defendants' motion to dismiss for lack of personal jurisdiction be DENIED; that Defendant's motion to dismiss for improper venue be DENIED; and that the motion to transfer be GRANTED and that this action be transferred to the United States District Court for the Southern District of California. Objections to R&R due by 9/17/2019. 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 9/3/2019. (gpre, )
August 19, 2019 Filing 104 REPLY to Response to Motion re #89 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case Response filed by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Affidavit Gites Reply Affidavit, #2 Affidavit Cavallino Reply Affidavit)(Buckingham, Steven)
August 15, 2019 Filing 102 Sealed Document in re document #99 Response. (Attachments: #1 Exhibit 2 - Confidential, #2 Exhibit 3 - For Counsel Only, #3 Exhibit 4 - For Counsel Only, #4 Exhibit 5 - Confidential, #5 Exhibit 6 - For Counsel Only, #6 Exhibit 7 - Confidential)(Few, Wesley)
August 14, 2019 Opinion or Order Filing 101 TEXT ORDER granting #100 Motion to Seal. Signed by Magistrate Judge Jacquelyn D Austin on 8/14/2019.(gpre, )
August 14, 2019 Filing 100 MOTION to Seal by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 8/28/2019. 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)
August 14, 2019 Filing 99 RESPONSE in Opposition re #89 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL.Reply to Response to Motion due by 8/21/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Kelley Depo. Excerpts, #2 Exhibit 2 - Confidential (Redacted), #3 Exhibit 3 - For Counsel Only (Redacted), #4 Exhibit 4 - For Counsel Only (Redacted), #5 Exhibit 5 - Confidential (Redacted), #6 Exhibit 6 - For Counsel Only (Redacted), #7 Exhibit 7 - Confidential (Redacted), #8 Exhibit 8 - VeV Public Filing)(Few, Wesley)
August 12, 2019 Opinion or Order Filing 97 TEXT ORDER granting #90 motion to stay. The Court will not address #43 the motion for preliminary injunction prior to completion of briefing regarding #89 the motion to dismiss for lack of jurisdiction or, in the alternative, to transfer venue. Plaintiffs have represented they will be filing their response to #89 no later than 8/14/2019. Any reply shall be filed within three days of the filing of that response. Signed by Magistrate Judge Jacquelyn D Austin on 8/12/2019.(gpre, )
August 9, 2019 Filing 95 RESPONSE in Opposition re #90 MOTION to Stay re #43 Disposition of Motion for Preliminary Injunction Response filed by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL.Reply to Response to Motion due by 8/16/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Few, Wesley)
August 7, 2019 Opinion or Order Filing 94 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 7, 2019 Opinion or Order Filing 93 TEXT ORDER granting #91 Motion to Expedite. Response to #90 motion to stay is now due 8/9/2019. Signed by Magistrate Judge Jacquelyn D Austin on 8/7/2019.(gpre, )
August 6, 2019 Filing 91 MOTION to Expedite Disposition of Motion to Stay (ECF No. 90) by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. 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.Motions referred to Jacquelyn D Austin.(Buckingham, Steven)
August 6, 2019 Filing 90 MOTION to Stay re #43 Disposition of Motion for Preliminary Injunction by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. 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.Motions referred to Jacquelyn D Austin.(Buckingham, Steven)
August 6, 2019 Filing 89 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Transfer Case ( 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. ) by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Memo in Support Memo Supp MTD / Transfer, #2 Affidavit Gites Aff, #3 Affidavit Cavallino Aff, #4 Affidavit Lichtenstein)No proposed order.Motions referred to Jacquelyn D Austin.(Buckingham, Steven) (Attachment 4 incorrect document replaced with corrected document as provided by filing user on 8/7/2019) (gpre, ).
August 6, 2019 Filing 87 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 87 replaced on 8/6/2019 with searchable PDF document.) (sfla)
August 6, 2019 Opinion or Order Filing 86 TEXT ORDER granting #85 Motion to Appear Pro Hac Vice David Lichtenstein to represent Vitae Enim Vitae Scintific Inc, Charles Cavallino, Boris Gites. Signed by Magistrate Judge Jacquelyn D Austin on 8/6/2019.(gpre, )
August 5, 2019 Filing 85 MOTION to Appear Pro Hac Vice by David H. Lichtenstein ( Filing fee $ 250 receipt number 0420-8596871) by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. Response to Motion due by 8/19/2019. 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 Application of Mr. Lichtenstein, #2 Exhibit Certificate of Good Standing from California Supreme Court)No proposed order.Motions referred to Jacquelyn D Austin. (Buckingham, Steven) (Attachment 2 replaced on 8/7/2019 as provided by filing user) (gpre, ).
August 2, 2019 Filing 84 Local Rule 26.01 Answers to Interrogatories by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc..(Buckingham, Steven)
August 2, 2019 Opinion or Order Filing 83 TEXT ORDER granting #81 Motion to Appear Pro Hac Vice Tory Ian Summey; granting #82 Motion to Appear Pro Hac Vice Caroline Bassett Warren, to represent Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Signed by Magistrate Judge Jacquelyn D Austin on 8/2/2019.(gpre, )
August 2, 2019 Filing 82 MOTION to Appear Pro Hac Vice by Caroline Bassett Warren ( Filing fee $ 250 receipt number 0420-8592331) by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 8/16/2019. 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. (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)
August 2, 2019 Filing 81 MOTION to Appear Pro Hac Vice by Tory Ian Summey ( Filing fee $ 250 receipt number 0420-8592282) by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL. Response to Motion due by 8/16/2019. 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. (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)
August 2, 2019 Filing 80 Local Rule 26.01 Answers to Interrogatories by Advanz Pharma Corp, Concordia Pharmaceuticals (US) Inc, Concordia Pharmaceuticals Inc SARL.(Few, Wesley)
August 1, 2019 Opinion or Order Filing 79 TEXT ORDER granting motions #31 #44 to file documents under seal. Local counsel must electronically file the seal documents. Signed by Magistrate Judge Jacquelyn D Austin on 8/1/2019. (gpre, )
July 29, 2019 Filing 75 NOTICE of Appearance by Steven Edward Buckingham on behalf of Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc. (Buckingham, Steven)
July 29, 2019 Opinion or Order Filing 73 TEXT ORDER to file sealed documents in 6:19-cv-2061-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, )
July 29, 2019 Filing 72 DELETION OF DOCKET ENTRY NUMBER 70 Reason: refiled by clerk to correct event type. Corrected Filing Document Number #71 . Modified filing date to that of original filing: 7/26/2019 (gpre, )
July 26, 2019 Filing 71 MOTION to Seal documents 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
July 26, 2019 Filing 69 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 Filing 68 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 Filing 67 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 Filing 66 ***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 Filing 65 ***DOCUMENT E-MAILED: #63 Mediation Order in 6:19-cv-02061-HMH-JDA, to Fred Suggs, Jr. Associated Cases: 6:18-cv-00704-HMH-JDA, 6:19-cv-02061-HMH-JDA(kmca)
July 25, 2019 Opinion or Order Filing 63 ORDER The parties i n 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 Filing 62 CASE REFERRED to Magistrate Judge per order filed this date. Magistrate Judge Jacquelyn D Austin (sfla)
July 24, 2019 Opinion or Order Filing 61 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 Filing 59 ***DOCUMENT MAILED #58 Notice Other placed in U.S. Mail from Greenville Clerks Office to David H. LichtensteinCaldarelli Hejmanowski Page & Leer LLPSuite 2503398 Carmel Mountain RoadSan Diego, CA 92121, Khesraw KarmandBuchanan Ingersoll & Rooney LLP600 West BroadwaySuite 1100San Diego, CA 92101, Kimberly ArouhBuchanan Ingersoll & Rooney LLP600 West BroadwaySuite 1100San Diego, CA 92101-3375, Lee Everett HejmanowskiSeltzer Caplan McMahon Vitek750 B Street2100 Symphony TowersSan Diego, CA 92101-8177, S Lloyd SmithBuchanan Ingersoll & Rooney, P.C.1737 King StreetSuite 500Alexandria, VA 22314, Tory Ian SummeyBuchanan Ingersoll and Rooney PC227 West Trade StreetSuite 600Charlotte, NC 28202, (sfla)
July 23, 2019 Filing 58 NOTICE of Transfer (sfla)
July 23, 2019 Filing 56 Case transferred in from District of California Southern; Case Number 3:19-cv-00643. Original file (documents numbered 1-55), certified copy of transfer order, and docket sheet received.
July 23, 2019 Filing 55 Case transferred to District of District of South Carolina. Files transferred electronically to: *District of District of South Carolina*.*901 Richland Street**Columbia, SC 29201*. Signed by Judge Gonzalo P. Curiel on 7/23/19. (Attachments: #1 Transfer Order) (dlg) (jao). [Transferred from California Southern on 7/23/2019.]
July 12, 2019 Filing 54 RESPONSE in Opposition re #43 Amended MOTION for Preliminary Injunction filed by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration of Mark Thompson, #2 Declaration of Boris Gites, #3 Declaration of David H. Lichtenstein, #4 Notice of Lodgment, #5 Exhibit A to Notice of Lodgment, #6 Exhibit B to Notice of Lodgment, #7 Exhibit C to Notice of Lodgment, #8 Exhibit D to Notice of Lodgment, #9 Exhibit E to Notice of Lodgment, #10 Exhibit F to Notice of Lodgment, #11 Exhibit G to Notice of Lodgment, #12 Exhibit H to Notice of Lodgment, #13 Exhibit I to Notice of Lodgment)(Lichtenstein, David) (dlg). [Transferred from California Southern on 7/23/2019.]
July 12, 2019 Opinion or Order Filing 53 ORDER Granting Joint #52 Motion for Entry of Stipulated Protective Order; and Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 7/12/19. (dlg) [Transferred from California Southern on 7/23/2019.]
July 12, 2019 Filing 52 Joint MOTION for Protective Order by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Lichtenstein, David) [Transferred from California Southern on 7/23/2019.]
July 11, 2019 Opinion or Order Filing 51 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: For the reasons set forth in the 7/11/2019 Motion Hearing, the Court hereby GRANTS IN PART #19 Plaintiffs' Motion for Expedited Discovery. Accordingly, Defendants shall produce the report of the forensic examination of Gites' electronic devices which was already completed in the IriSys state court action no later than 7/15/2019. The parties shall also file a Joint Motion for Protective Order to address any privacy and confidentiality concerns no later than 7/12/2019. The Joint Motion for Protective Order shall comply with Section V. of Judge Burkhardt's Civil Chambers Rules. (no document attached) (cxe) [Transferred from California Southern on 7/23/2019.]
July 11, 2019 Filing 50 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Motion Hearing held on 7/11/2019 re #19 MOTION for Discovery filed by Concordia Pharmaceuticals (US), Inc., Advanz Pharma Corp., Concordia Pharmaceuticals Inc. S.A.R.L. Order to follow. (Plaintiff Attorney Tory I. Summey). (Defendant Attorney David H. Lichtenstein). (no document attached) (cxe) [Transferred from California Southern on 7/23/2019.]
July 11, 2019 Filing 49 NOTICE of Appearance by Lee Everett Hejmanowski on behalf of Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc. (Hejmanowski, Lee)Attorney Lee Everett Hejmanowski added to party Charles Cavallino(pty:dft), Attorney Lee Everett Hejmanowski added to party Boris Gites(pty:dft), Attorney Lee Everett Hejmanowski added to party Vitae Enim Vitae Scientific Inc.(pty:dft) (dlg). [Transferred from California Southern on 7/23/2019.]
July 11, 2019 Filing 48 NOTICE OF WITHDRAWAL by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc. re #46 Notice of Appearance (Lichtenstein, David) (dlg). [Transferred from California Southern on 7/23/2019.]
July 3, 2019 Opinion or Order Filing 47 MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The Court hereby SETS a telephonic Motion Hearing on #19 MOTION for Expedited Discovery for 7/11/2019 at 2:00 PM before Judge Burkhardt. For purposes of the hearing, the parties shall jointly call Judge Burkhardt's chambers at (619) 557-6624. (no document attached) (cxe) [Transferred from California Southern on 7/23/2019.]
June 27, 2019 Filing 46 *** WITHDRAWN PER ECF 48 *** NOTICE of Appearance Lee E. Hejmanowski by David H. Lichtenstein on behalf of Vitae Enim Vitae Scientific Inc. (Lichtenstein, David) QC email re incorrect filer (dlg). Modified on 7/12/2019 to withdraw and term attorney (dlg). [Transferred from California Southern on 7/23/2019.]
June 27, 2019 Filing 45 SEALED LODGED Proposed Document re: #31 MOTION to File Documents Under Seal, #44 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Summey, Tory) (aef). [Transferred from California Southern on 7/23/2019.]
June 27, 2019 Filing 44 MOTION to File Documents Under Seal (Summey, Tory) (aef). [Transferred from California Southern on 7/23/2019.]
June 27, 2019 Filing 43 Amended MOTION for Preliminary Injunction by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Memo of Points and Authorities in Support of Amended Motion for Preliminary Injunction, #2 Declaration of Larry Miles, #3 Declaration of Adolfo Ramirez, #4 Exhibit 1 to Ramirez Declaration, #5 Declaration of Tory Ian Summey, #6 Exhibit 2, #7 Exhibit 5, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 22, #13 Exhibit 24, #14 Exhibit 34, #15 Exhibit 35, #16 Exhibit 36)(Summey, Tory) (dlg). [Transferred from California Southern on 7/23/2019.]
June 27, 2019 Filing 42 NOTICE of Withdrawal of ECF No. 34 by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. re #34 MOTION to Strike Document #30 MOTION for Preliminary Injunction and Replace ECF 30-5 with Correct Document, #35 Sealed Lodged Proposed Document (Attachments: #1 Declaration of Tory Ian Summey In Support of Notice of Withdrawal)(Summey, Tory) (dlg). [Transferred from California Southern on 7/23/2019.]
June 26, 2019 Opinion or Order Filing 41 ORDER Denying Defendants' #37 Motion to Modify Briefing Schedule and Granting Plaintiffs' Ex Parte #36 Motion to Amend Briefing Schedule. The hearing on the preliminary injunction shall be rescheduled from August 30, 2019 to August 9, 2019 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 6/26/19. (dlg) [Transferred from California Southern on 7/23/2019.]
June 24, 2019 Filing 40 REPLY to Response to Motion re #20 MOTION to Dismiss or, in the alternative, Stay the Case filed by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Lichtenstein, David) (dlg). [Transferred from California Southern on 7/23/2019.]
June 21, 2019 Filing 39 RESPONSE in Opposition re #37 Ex Parte MOTION to Modify Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction filed by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Declaration of Tory Ian Summey)(Summey, Tory) (dlg). [Transferred from California Southern on 7/23/2019.]
June 20, 2019 Filing 38 RESPONSE in Opposition re #36 Ex Parte MOTION to Shorten Time on Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction filed by Boris Gites, Vitae Enim Vitae Scientific Inc.. (Lichtenstein, David) (dlg). [Transferred from California Southern on 7/23/2019.]
June 20, 2019 Filing 37 Ex Parte MOTION to Modify Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction by Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration of David H. Lichtenstein)(Lichtenstein, David) (dlg). [Transferred from California Southern on 7/23/2019.]
June 20, 2019 Filing 36 Ex Parte MOTION to Shorten Time on Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Declaration Declaration of Tory Ian Summey)(Summey, Tory) (dlg). [Transferred from California Southern on 7/23/2019.]
June 19, 2019 Filing 35 SEALED LODGED Proposed Document re: #31 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Summey, Tory) (aef). [Transferred from California Southern on 7/23/2019.]
June 19, 2019 Filing 34 MOTION to Strike Document #30 MOTION for Preliminary Injunction and Replace ECF 30-5 with Correct Document by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Declaration Declaration of Tory Ian Summey, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2)(Summey, Tory) (dlg). [Transferred from California Southern on 7/23/2019.]
June 12, 2019 Opinion or Order Filing 33 ORDER Setting Briefing Schedule re #30 MOTION for Preliminary Injunction : An opposition shall be filed on or before July 12, 2019. Any reply shall be filed on or before July 26, 2019. A hearing is set August 30, 2019 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 6/12/19.(dlg) [Transferred from California Southern on 7/23/2019.]
June 11, 2019 Filing 32 SEALED LODGED Proposed Document re: #31 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Arouh, Kimberly) (aef). [Transferred from California Southern on 7/23/2019.]
June 11, 2019 Filing 31 MOTION to File Documents Under Seal (Arouh, Kimberly) (aef). [Transferred from California Southern on 7/23/2019.]
June 11, 2019 Filing 30 *** WITHDRAWN PER ECF 42 *** MOTION for Preliminary Injunction by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Miles, #3 Declaration of Ramirez, #4 Exhibit to Ramirez Declaration, #5 Declaration of Summey, #6 Exhibit 2, #7 Exhibit 5, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 22, #13 Exhibit 24, #14 Exhibit 34, #15 Exhibit 35)(Arouh, Kimberly) (dlg). Modified on 6/28/2019 (dlg). [Transferred from California Southern on 7/23/2019.]
June 7, 2019 Filing 29 RESPONSE in Opposition re #23 MOTION to Strike #20 MOTION to Dismiss or, in the alternative, Stay the Case filed by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Declaration of Tory I. Summey)(Smith, S) (dlg). [Transferred from California Southern on 7/23/2019.]
June 7, 2019 Filing 28 NOTICE of Ruling Partially Mooting Motion for Expedited Discovery by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. re #19 MOTION for Discovery (Attachments: #1 Exhibit)(Summey, Tory) (dlg). [Transferred from California Southern on 7/23/2019.]
June 3, 2019 Filing 27 REPLY - Other re #19 MOTION for Discovery in support of Expedited Discovery filed by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Arouh, Kimberly) (dlg). [Transferred from California Southern on 7/23/2019.]
May 24, 2019 Filing 26 RESPONSE in Opposition re #19 MOTION for Discovery filed by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Lichtenstein, David) (anh). [Transferred from California Southern on 7/23/2019.]
May 24, 2019 Opinion or Order Filing 25 ORDER Granting #23 Motion to Strike ECF 20-13; and Directing Clerk to Replace ECF 20-13 With the Concurrently Filed Redacted Version. Signed by Judge Gonzalo P. Curiel on 5/24/19. (dlg) [Transferred from California Southern on 7/23/2019.]
May 20, 2019 Filing 24 NOTICE re MOTION to Withdraw ECF Nos. 22, 22-1 and 22-2 by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration Declaration of David Lichtenstein)(Lichtenstein, David) Modified on 5/21/2019 to term motion per dj chambers and send qc email re incorrect event(dlg). [Transferred from California Southern on 7/23/2019.]
May 17, 2019 Filing 23 MOTION to Strike #20 MOTION to Dismiss or, in the alternative, Stay the Case by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration Declaration of David Lichtenstein, #2 Proposed Order)(Lichtenstein, David) (dlg). [Transferred from California Southern on 7/23/2019.]
May 17, 2019 Filing 22 *** WITHDRAWN PER ECF 24 *** MOTION to Strike #20 MOTION to Dismiss or, in the alternative, Stay the Case by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Declaration Declaration of David Lichtenstein, #2 Proposed Order)(Lichtenstein, David) QC email for attorney to withdraw if incorrectly filed (dlg). Modified on 5/21/2019 (dlg). [Transferred from California Southern on 7/23/2019.]
May 16, 2019 Opinion or Order Filing 21 ORDER Setting Briefing Schedule re #20 MOTION to Dismiss or, in the alternative, Stay the Case : An opposition shall be filed on or before June 7, 2019. Any reply shall be filed on or before June 24, 2019. A hearing is set July 26, 2019 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 5/16/19.(dlg) [Transferred from California Southern on 7/23/2019.]
May 15, 2019 Filing 20 MOTION to Dismiss or, in the alternative, Stay the Case by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Defendants' Motion to Dismiss, #2 Declaration of David H. Lichtenstein in Support of Defendants' Motion to Dismiss, #3 Notice of Lodgment and Request for Judicial Notice in Support of Defendants' Motion to Dismiss, #4 Exhibit 1 to NOL, #5 Exhibit 2 to NOL, #6 Exhibit 3 to NOL, #7 Exhibit 4 to NOL, #8 Exhibit 5 to NOL, #9 Exhibit 6 to NOL, #10 Exhibit 7 to NOL, #11 Exhibit 8 to NOL, #12 Exhibit 9 to NOL, #13 Exhibit 10 to NOL, #14 Exhibit 11 to NOL)(Lichtenstein, David) (dlg). (Attachment 13 replaced on 5/24/2019 per order (ecf 25)) (dlg). [Transferred from California Southern on 7/23/2019.]
May 10, 2019 Filing 19 MOTION re NOTICE of Motion and Motion for Expedited Discovery by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of T. Summey, #3 Exhibit 1, #4 Exhibit 2)(Arouh, Kimberly) QC email, wrong event selected, changed to Motion (dlg). [Transferred from California Southern on 7/23/2019.]
April 29, 2019 Opinion or Order Filing 18 ORDER Granting Joint #17 Motion to Continue and Consolidate Defendants' Response Date to the Complaint. Defendants Vitae Enim Vitae Scientific, Inc., Boris Gites, and Charles Cavallinos time to respond to the complaint filed in this action is hereby extended to May 15, 2019. Signed by Judge Gonzalo P. Curiel on 4/29/19. (dlg) [Transferred from California Southern on 7/23/2019.]
April 29, 2019 Filing 17 Joint MOTION to Continue and Consolidate Defendants' Response Date to the Complaint by Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc.. (Lichtenstein, David)Attorney David H. Lichtenstein added to party Charles Cavallino(pty:dft), Attorney David H. Lichtenstein added to party Boris Gites(pty:dft), Attorney David H. Lichtenstein added to party Vitae Enim Vitae Scientific Inc.(pty:dft) (dlg). [Transferred from California Southern on 7/23/2019.]
April 25, 2019 Filing 16 NOTICE of Withdrawal of and Motion to Strike Plaintiffs' Motion for Preliminary Injunction (ECF Doc Nos. 11 and 12) by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. re #11 MOTION for Preliminary Injunction, #12 Sealed Lodged Proposed Document (Attachments: #1 Declaration of Tory I. Summey)(Arouh, Kimberly) (dlg). [Transferred from California Southern on 7/23/2019.]
April 17, 2019 Filing 15 PRO HAC APPROVED: S Lloyd Smith appearing for Plaintiffs Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. (no document attached) (dsn) [Transferred from California Southern on 7/23/2019.]
April 17, 2019 Filing 14 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12416590.) (Application to be reviewed by Clerk.) (Smith, Scott) (dsn) [Transferred from California Southern on 7/23/2019.]
April 16, 2019 Opinion or Order Filing 13 ORDER Setting Briefing Schedule re #11 MOTION for Preliminary Injunction: An opposition shall be filed on or before May 3, 2019. Any reply shall be filed on or before May 10, 2019. The hearing set on June 21, 2019 shall be rescheduled to May 31, 2019 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/15/19.(dlg) [Transferred from California Southern on 7/23/2019.]
April 15, 2019 Filing 12 *** WITHDRAWN PER ECF 16 *** SEALED LODGED Proposed Document re: #11 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Arouh, Kimberly) (aef). Modified on 4/26/2019 (dlg). [Transferred from California Southern on 7/23/2019.]
April 15, 2019 Filing 11 *** WITHDRAWN PER ECF 16 *** MOTION for Preliminary Injunction (With attachments)(Arouh, Kimberly) (aef). Modified on 4/16/2019 QC email, wrong event selected, changed motion event, attorney to file motion to seal (dlg). Modified on 4/26/2019 (dlg). [Transferred from California Southern on 7/23/2019.]
April 15, 2019 Opinion or Order Filing 10 ORDER Granting Plaintiffs' Motion to Strike 6-2. Signed by Judge Gonzalo P. Curiel on 4/15/19.(dlg) [Transferred from California Southern on 7/23/2019.]
April 12, 2019 Filing 9 NOTICE of Withdrawal for ECF Docs 6 and 7 by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. re #6 MOTION to File Documents Under Seal, #7 Sealed Lodged Proposed Document (Attachments: #1 Declaration)(Karmand, Khesraw) (dlg). [Transferred from California Southern on 7/23/2019.]
April 11, 2019 Filing 8 Emergency MOTION re #6 MOTION to File Documents Under Seal by Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L.. (Attachments: #1 Declaration)(Karmand, Khesraw)Attorney Khesraw Karmand added to party Advanz Pharma Corp.(pty:pla), Attorney Khesraw Karmand added to party Concordia Pharmaceuticals (US), Inc.(pty:pla), Attorney Khesraw Karmand added to party Concordia Pharmaceuticals Inc. S.A.R.L.(pty:pla) (dlg). Modified on 4/12/2019 to send qc email for attorney to withdraw and to file a Public version of their motion, per dj chambers (dlg). [Transferred from California Southern on 7/23/2019.]
April 10, 2019 Filing 7 *** WITHDRAWN PER ECF 9 *** SEALED LODGED Proposed Document re: #6 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Arouh, Kimberly) (aef). Modified on 4/15/2019 (dlg). [Transferred from California Southern on 7/23/2019.]
April 10, 2019 Filing 6 *** WITHDRAWN PER ECF 9 *** MOTION to File Documents Under Seal (With attachments)(Arouh, Kimberly) (aef). Modified on 4/11/2019 - Restriction added to attachment for Unredacted P & A's per Filer's request. Filer to file Motion to File P & A's under seal, and redacted version. *** 6-2 STRICKEN PER ORDER ECF 10 *** (jah). Modified on 4/15/2019 (dlg). Modified on 4/15/2019 (dlg). [Transferred from California Southern on 7/23/2019.]
April 10, 2019 Filing 5 PRO HAC APPROVED re #4 : Tory I. Summey appearing for Plaintiffs Advanz Pharma Corp., Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L. (no document attached) (mdc) [Transferred from California Southern on 7/23/2019.]
April 10, 2019 Filing 4 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12391795.) (Application to be reviewed by Clerk.) (Summey, Tory) (mdc) [Transferred from California Southern on 7/23/2019.]
April 8, 2019 Filing 3 MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Gonzalo P. Curiel for all further proceedings. The new case number is 19cv0643-GPC-JLB.(no document attached) (anh) [Transferred from California Southern on 7/23/2019.]
April 5, 2019 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cdw) (jao). [Transferred from California Southern on 7/23/2019.]
April 5, 2019 Filing 1 COMPLAINT with Jury Demand against Charles Cavallino, Boris Gites, Vitae Enim Vitae Scientific Inc. ( Filing fee $ 400 receipt number 0974-12376197), filed by Concordia Pharmaceuticals (US), Inc., Concordia Pharmaceuticals Inc. S.A.R.L., Advanz Pharma Corp. (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-00643-BEN-JLB. Judge Roger T. Benitez and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Arouh, Kimberly)(cdw) (jao). [Transferred from California Southern on 7/23/2019.]

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Search for this case: Concordia Pharmaceuticals Inc. S.A.R.L. et al v. Vitae Enim Vitae Scientific Inc. et al
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Plaintiff: Concordia Pharmaceuticals (US) Inc
Represented By: Tory Ian Summey
Represented By: Khesraw Karmand
Represented By: Kimberly Arouh
Represented By: S Lloyd Smith
Represented By: Wesley D Few
Represented By: Caroline Bassett Warren
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Plaintiff: Concordia Pharmaceuticals Inc SARL
Represented By: Tory Ian Summey
Represented By: Khesraw Karmand
Represented By: Kimberly Arouh
Represented By: S Lloyd Smith
Represented By: Wesley D Few
Represented By: Caroline Bassett Warren
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Plaintiff: Advanz Pharma Corp
Represented By: Tory Ian Summey
Represented By: Khesraw Karmand
Represented By: Kimberly Arouh
Represented By: S Lloyd Smith
Represented By: Wesley D Few
Represented By: Caroline Bassett Warren
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Defendant: Boris Gites
Represented By: David H. Lichtenstein
Represented By: Lee Everett Hejmanowski
Represented By: Steven Edward Buckingham
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Defendant: Vitae Enim Vitae Scientific Inc.
Represented By: David H. Lichtenstein
Represented By: Lee Everett Hejmanowski
Represented By: Steven Edward Buckingham
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Defendant: Charles Cavallino
Represented By: David H. Lichtenstein
Represented By: Lee Everett Hejmanowski
Represented By: Steven Edward Buckingham
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Not yet classified: Attorney Fred W Suggs, Jr
Represented By: Fred Wilson Suggs, Jr
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