Chartwell Pharmaceuticals LLC v. Woodfield Pharmaceutical, LLC
Plaintiff: Chartwell Pharmaceuticals LLC
Defendant: Woodfield Pharmaceutical, LLC
Case Number: 4:2020cv03640
Filed: October 23, 2020
Court: US District Court for the Southern District of Texas
Office: Houston Office
Presiding Judge: David Hittner
Nature of Suit: Contract: Other
Cause of Action: 28:1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2020 Opinion or Order Filing 43 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/6/2021 at 10:30 AM in Courtroom 703 before Magistrate Judge Peter Bray(Signed by Judge David Hittner) Parties notified.(mmapps, 4)
October 23, 2020 Filing 42 Case transferred in from New York Southern. Case Number 7:20-cv-00099; certified copy of transfer order, certified docket sheet, and transfer letter received
October 23, 2020 Filing 41 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Texas.(ks)
October 23, 2020 Opinion or Order Filing 40 ORDER granting #10 Motion to Dismiss. Counsel for plaintiff appeared remotely and counsel for defendant appeared in my courtroom at 2:00 p.m. on October 22, 2020. Oral argument was had on the record. For the reasons indicated on the record and law cited therein, defendant's motion to dismiss or transfer jurisdiction (Doc. 10) is granted in part and denied in part. Defendant's motion to transfer venue to the United States District Court, Southern District of Texas, is granted, and defendant's motion to dismiss for lack of personal jurisdiction is denied without prejudice. Accordingly, the Clerk of the Court is respectfully directed to terminate Doc. 10, transfer this action to United States District Court, Southern District of Texas without delay, and administratively close this case. SO ORDERED.. (Signed by Judge Philip M. Halpern on 10/23/2020) (ks)
October 23, 2020 Minute Entry for proceedings held before Judge Philip M. Halpern: Oral Argument held on 10/22/2020 re: #10 MOTION to Dismiss For Lack of Personal Jurisdiction, or in the Alternative, Motion to Transfer Venue. filed by Woodfield Pharmaceutical, LLC. Counsel for plaintiff appeared remotely, counsel for defendant appeared in courtroom. Court heard argument from the parties. Court granted defendant's motion to transfer venue and denied motion to dismiss for lack of personal jurisdiction without prejudice. Order to follow. See transcript. (Court Reporter Andrew Walker) (sbh)
October 20, 2020 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Andrew E. Krause. Please note that this is a reassignment of the designation only. (ad)
October 15, 2020 Filing 39 MEMO ENDORSEMENT re: #38 Letter filed by Chartwell Pharmaceuticals LLC. ENDORSEMENT: Application for Jonathan Rubinstein to attend oral argument remotely on 10/22/2020 granted. Mr. Rubinstein is directed to make necessary arrangements with the A/V Department prior to that date (212-805-0134). (Signed by Judge Philip M. Halpern on 10/15/2020) (nb)
October 14, 2020 Filing 38 LETTER addressed to Judge Philip M. Halpern from H. Jonathan Rubinstein dated 10/14/2020 re: Motion to Dismiss or Transfer. Document filed by Chartwell Pharmaceuticals LLC..(Rubinstein, H.)
September 28, 2020 Opinion or Order Filing 37 ORDER: Pursuant to Rule 4(L) of the Court's Individual Practices, oral argument has been scheduled on the pending motion to dismiss or transfer venue. The oral argument will be held on 10/22/2020 at 2:00 p.m. at the United States Courthouse, 500 Pearl Street, Courtroom 12D, New York, New York 10007. All members of the public, including attorneys, appearing at a Southern District of New York courthouse must complete a questionnaire and have their temperature taken before being allowed entry into that courthouse. On the day you are due to arrive at the courthouse, click on the following weblink: https://app.certify.me/SDNYPublic. Follow the instructions and fill out the questionnaire. If your answers meet the requirements for entry, you will be sent a QR code to be used at the SDNY entry device at the courthouse entrance. SO ORDERED (Signed by Judge Philip M. Halpern on 9/28/2020) ( Oral Argument set for 10/22/2020 at 02:00 PM before Judge Philip M. Halpern.) (ks)
July 10, 2020 Filing 36 RESPONSE to Motion re: #5 LETTER MOTION for Conference (Request for Pre-Motion Conference in Advance of Woodfield's Contemplated Motion to Dismiss) addressed to Judge Cathy Seibel from Michael Goldberg dated January 9, 2020. . Document filed by Chartwell Pharmaceuticals LLC..(Rubinstein, H.)
July 10, 2020 Opinion or Order Filing 35 ORDER FOR ADMISSION PRO HAC VICE granting #34 Motion for Mayer S, Klein to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 7/10/2020) (jwh)
July 9, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Mayer S, Klein to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20620793. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
July 9, 2020 Filing 34 MOTION for Mayer S, Klein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20620793. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Chartwell Pharmaceuticals LLC. (Attachments: #1 Affidavit Aff. Mayer S. Klein, #2 Supplement Cert. of Good Standing, #3 Text of Proposed Order Proposed Order).(Rubinstein, H.)
July 9, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #33 FIRST MOTION to Add Applicant(s) Mayer S. Klein . The filing is deficient for the following reason(s): the wrong event type was used to file the motion; the filing fee was not paid. Re-file the motion using the event type Motion to Appear Pro Hac Vice found under the event list Motions - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (aea)
July 2, 2020 Filing 33 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Add Applicant(s) Mayer S. Klein . Document filed by Chartwell Pharmaceuticals LLC. (Attachments: #1 Text of Proposed Order Proposed order).(Rubinstein, H.) Modified on 7/9/2020 (aea).
June 18, 2020 Minute Entry for proceedings held before Judge Philip M. Halpern: Pre-Motion Telephone Conference held on 6/18/2020. Counsel for all parties appeared by telephone. As discussed at the conference, by 6/30/2020, defendant shall produce to plaintiff any documents in its possession, custody or control that are responsive to RFP 23 concerning documents, records or logs of communications relating to the negotiation and implementation of the Agreement, including electronic mail, and including performance in New York of the Agreement; specifically, documents concerning New York activities concerning implementation, negotiation and performance of the Agreement and not activities taking place exclusively in Texas. This production shall not include documents that have already been produced by plaintiff to defendant or by defendant to plaintiff. In the event that defendant produces documents concerning this jurisdictional issue that plaintiff believes necessary to supplement the pending motion, plaintiff shall file a letter with the Court concerning same. (sbh)
June 5, 2020 Opinion or Order Filing 32 MEMO ENDORSEMENT on re: #30 Letter filed by Chartwell Pharmaceuticals LLC. ENDORSEMENT: The application for a pre-motion conference is granted. A telephone conference is scheduled for 6/18/20 at 3:00 p.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. SO ORDERED. (Telephone Conference set for 6/18/2020 at 03:00 PM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 6/5/2020) (jca)
June 4, 2020 Filing 31 LETTER addressed to Judge Philip M. Halpern from Steven M. Kushner dated June 4, 2020 re: #30 Plaintiff's request to file a Motion to Compel. Document filed by Woodfield Pharmaceutical, LLC..(Kushner, Steven)
May 28, 2020 Filing 30 LETTER addressed to Judge Philip M. Halpern from H., Jonathan Rubinstein dated 5/28/2020 re: Pre-Motion Conference. Document filed by Chartwell Pharmaceuticals LLC..(Rubinstein, H.)
May 20, 2020 Opinion or Order Filing 29 ORDER FOR ADMISSIONPRO HAC VICE granting #27 Motion for Ethan M. Knott to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 5/20/2020) (ks)
May 19, 2020 Opinion or Order Filing 28 MEMO ENDORSEMENT on re: #26 Response in Opposition to Motion filed by Chartwell Pharmaceuticals LLC. ENDORSEMENT: Application denied without prejudice. Plaintiff is referred to Rule 5 of this Court's Individual Practices and paragraphs 9-11 of the Stipulated Confidentiality Agreement and Protective Order (Doc. No. 22). SO ORDERED. (Signed by Judge Philip M. Halpern on 5/19/2020) (ks)
May 19, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Ethan M. Knott to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
May 19, 2020 Filing 27 MOTION for Ethan M. Knott to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Woodfield Pharmaceutical, LLC. (Attachments: #1 Text of Proposed Order).(Knott, Ethan)
May 18, 2020 Filing 26 RESPONSE in Opposition to Motion re: #10 MOTION to Dismiss For Lack of Personal Jurisdiction, or in the Alternative, Motion to Transfer Venue. . Document filed by Chartwell Pharmaceuticals LLC..(Rubinstein, H.)
May 18, 2020 Filing 25 RESPONSE in Opposition to Motion re: #10 MOTION to Dismiss For Lack of Personal Jurisdiction, or in the Alternative, Motion to Transfer Venue. . Document filed by Chartwell Pharmaceuticals LLC. (Attachments: #1 Affidavit Jack Goldenberg Affidavit, #2 Exhibit Ex, A part 1, #3 Exhibit Ex, A part 2, #4 Exhibit Ex. A part 3, #5 Exhibit Ex. A part 4, #6 Exhibit Ex. A part 5, #7 Exhibit Ex. A part 6, #8 Exhibit Ex. A part 7, #9 Exhibit Ex. A part 8, #10 Exhibit Ex. B).(Rubinstein, H.)
May 11, 2020 Opinion or Order Filing 24 MEMO ENDORSEMENT on re: #20 Reply to Response to Motion, filed by Chartwell Pharmaceuticals LLC. ENDORSEMENT: Application granted, however, the sur-reply shall be limited to introducing the e-mails with proper authentication, and shall not contain any further arguments, law or fact. Sur-reply shall be served and filed by 5/18/20. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/11/2020) ( Surreplies due by 5/18/2020.) (ks)
May 8, 2020 Filing 23 LETTER addressed to Judge Philip M. Halpern from Steven M. Kushner, Esq. dated May 8, 2020 re: Plaintiff's request for leave to file a Sur-Reply. Document filed by Woodfield Pharmaceutical, LLC..(Kushner, Steven)
May 7, 2020 Opinion or Order Filing 22 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Philip M. Halpern on 5/7/2020) (ks)
May 6, 2020 Filing 21 LETTER addressed to Judge Philip M. Halpern from H., Jonathan Rubinstein dated 5/6/2020 re: Proposed form of Confidentiality Agreement. Document filed by Chartwell Pharmaceuticals LLC..(Rubinstein, H.)
May 6, 2020 Filing 20 LETTER REPLY to Response to Motion addressed to Judge Philip M. Halpern from H., Jonathan Rubinstein dated 5/6/2020 re: #10 MOTION to Dismiss For Lack of Personal Jurisdiction, or in the Alternative, Motion to Transfer Venue. . Document filed by Chartwell Pharmaceuticals LLC..(Rubinstein, H.)
April 21, 2020 Filing 19 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss For Lack of Personal Jurisdiction, or in the Alternative, Motion to Transfer Venue. . Document filed by Woodfield Pharmaceutical, LLC..(Goldberg, Michael)
April 20, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for Ethan M. Knott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-19508323. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): The certificates of good standing must be issued by the courts the providers listed on the website; cut and paste this link into your browser: https://nysd.uscourts.gov/sites/default/files/pdf/Attorney/certificate-of-good-standing-contact-list.pdf ;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad)
April 20, 2020 Filing 18 FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Ethan M. Knott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-19508323. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Woodfield Pharmaceutical, LLC. (Attachments: #1 Text of Proposed Order).(Knott, Ethan) Modified on 4/20/2020 (ad).
April 17, 2020 Opinion or Order Filing 17 ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Steven M. Kushner, to Appear Pro Hac Vice. (Signed by Judge Philip M. Halpern on 4/17/2020) (ks)
April 16, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Steven M. Kushner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-19464275. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
April 16, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Steven M. Kushner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-19464275. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
April 16, 2020 Filing 16 MOTION for Steven M. Kushner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-19464275. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Woodfield Pharmaceutical, LLC. (Attachments: #1 Text of Proposed Order).(Kushner, Steven)
April 1, 2020 Filing 15 RESPONSE in Opposition to Motion re: #10 MOTION to Dismiss For Lack of Personal Jurisdiction, or in the Alternative, Motion to Transfer Venue. . Document filed by Chartwell Pharmaceuticals LLC. (Attachments: #1 Affidavit Goldenberg Affidavit, #2 Exhibit Ex. A - D, #3 Exhibit Ex. E).(Rubinstein, H.)
March 31, 2020 Opinion or Order Filing 14 STIPULATION, Motions terminated: #13 LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from H.Jonathan Rubinstein dated 3/30/2020. filed by Chartwell Pharmaceuticals LLC., It is hereby stipulated and agreed that the Plaintiff's time to file and serve its opposition to the Defendant's motion to dismiss is hereby extended from March 30 to April 1, 2020. It is further stipulated and agreed that the time for the Defendant to serve its reply is extended from April 20 to April 22, 2020. The application to adjourn is granted. Plaintiff's opposition is due 4/1/20; defendant's reply is due 4/22/20. The parties are advised to review and comply with my Individual Practices. In the future, submissions that do not comply will not be granted. SO ORDERED. (Signed by Judge Philip M. Halpern on 3/30/2020) ( Responses due by 4/1/2020) (ks)
March 30, 2020 Filing 13 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Extension of Time addressed to Judge Philip M. Halpern from H.Jonathan Rubinstein dated 3/30/2020. Document filed by Chartwell Pharmaceuticals LLC..(Rubinstein, H.) Modified on 4/24/2020 (db).
March 17, 2020 NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Cathy Seibel is no longer assigned to the case. (sjo)
March 2, 2020 Filing 12 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss For Lack of Personal Jurisdiction, or in the Alternative, Motion to Transfer Venue. . Document filed by Woodfield Pharmaceutical, LLC..(Kohn, Felicity)
March 2, 2020 Filing 11 DECLARATION of Adam Runsdorf in Support re: #10 MOTION to Dismiss For Lack of Personal Jurisdiction, or in the Alternative, Motion to Transfer Venue.. Document filed by Woodfield Pharmaceutical, LLC. (Attachments: #1 Exhibit A - June 7, 2017 Email, #2 Exhibit B - October 4, 2017 Email).(Kohn, Felicity)
March 2, 2020 Filing 10 MOTION to Dismiss For Lack of Personal Jurisdiction, or in the Alternative, Motion to Transfer Venue. Document filed by Woodfield Pharmaceutical, LLC..(Kohn, Felicity)
January 31, 2020 Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 1/31/2020. Plaintiff's counsel (H. Jonathan Rubinstein, Esq.) appears telephonically. Defendant's Motion to Dismiss or Motion to Transfer Venue to be submitted by March 2, 2020; Plaintiff's opposition due March 30, 2020; Defendant's reply due April 20, 2020. The Court directs Plaintiff to propound interrogatories and document(s) based solely on personal jurisdiction by February 7, 2020; responses due February 21, 2020. See transcript. (Court Reporter Sue Ghorayeb) (wc)
January 30, 2020 Filing 9 LETTER addressed to Judge Cathy Seibel from H., Jonathan Rubinstein dated 1/30/2020 re: confirmation of telephone appearance. Document filed by Chartwell Pharmaceuticals LLC.(Rubinstein, H.)
January 24, 2020 Filing 8 LETTER addressed to Judge Cathy Seibel from H. Jonathan Rubinstein, Esq. dated 01/24/2020 re: Response to Pre-Motion letter. Document filed by Chartwell Pharmaceuticals LLC.(Rubinstein, H.)
January 10, 2020 Filing 7 NOTICE OF APPEARANCE by H. Jonathan Rubinstein on behalf of Chartwell Pharmaceuticals LLC. (Rubinstein, H.)
January 9, 2020 Opinion or Order Filing 6 ORDER granting #5 Letter Motion for Conference: Pre-Motion Conference set for 1/31/2020 at 02:30 PM before Judge Cathy Seibel. Plaintiff shall state its position, by letter of no more than 3 pages, no later than 1/24/2020. Defendant's counsel shall promptly convey a copy of this text order to Plaintiff's counsel, who shall promptly file a notice of appearance (or, if not admitted to this Court, promptly arrange to be admitted or for Plaintiff to be represented by admitted counsel). (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
January 9, 2020 Filing 5 LETTER MOTION for Conference (Request for Pre-Motion Conference in Advance of Woodfield's Contemplated Motion to Dismiss) addressed to Judge Cathy Seibel from Michael Goldberg dated January 9, 2020. Document filed by Woodfield Pharmaceutical, LLC.(Goldberg, Michael)
January 7, 2020 Filing 4 NOTICE OF APPEARANCE by Felicity Sloan Kohn on behalf of Woodfield Pharmaceutical, LLC. (Kohn, Felicity)
January 7, 2020 Case Designated ECF. (pc)
January 7, 2020 Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
January 7, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pc)
January 7, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Glenn Goldberg. The following case opening statistical information was erroneously selected/entered: County code Rockland; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)
January 6, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Woodfield Pharmaceutical, LLC.(Kohn, Felicity)
January 6, 2020 Filing 2 CIVIL COVER SHEET filed. (Kohn, Felicity)
January 6, 2020 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Rockland. Case Number: 036700/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-18432390).Document filed by Woodfield Pharmaceutical, LLC. (Attachments: #1 Exhibit Complaint, #2 Exhibit Declaration of Adam Runsdorf)(Goldberg, Michael)

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Plaintiff: Chartwell Pharmaceuticals LLC
Represented By: H. Jonathan Rubinstein
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Defendant: Woodfield Pharmaceutical, LLC
Represented By: Felicity Sloan Kohn
Represented By: Ethan McLeod Knott
Represented By: Steven M Kushner
Represented By: Michael Glenn Goldberg
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