Fresenius Kabi USA, LLC v. Custopharm, Inc.
Plaintiff: Fresenius Kabi USA, LLC
Defendant: Custopharm, Inc.
Case Number: 1:2021cv00164
Filed: February 19, 2021
Court: US District Court for the Western District of Texas
Office: Austin Office
Presiding Judge: Lee Yeakel
Nature of Suit: Patent - Abbreviated New Drug Application(ANDA)
Cause of Action: 35:271
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 19, 2021 Filing 53 Case Transfer and Opening Letter mailed to all Counsel. (cj)
February 19, 2021 Opinion or Order Filing 52 Orders Directing Samuel Browne Ballingrud, Chuan Cheng, Steven Eric Feldman, Arun John Mohan, Kevin Michael Nelson, Kathryn A. Reilly, Sherry Lee Rollo, James G. Sawtelle, and Katherine Dawson Varholak to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Lee Yeakel. (cj)
February 19, 2021 Filing 51 Report on Patent sent to U.S. Patent and Trademark Office, along with a copy of the Transfer Order. (cj)
February 19, 2021 If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cj)
February 19, 2021 Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj)
February 19, 2021 Filing 50 Case electronically transferred in from District of Colorado; Case Number 1:20-cv-03254.
February 19, 2021 Opinion or Order Filing 49 ORDER. The Court OVERRULES Plaintiff's Objection (ECF No. #44 ), ACCEPTS and ADOPTS the magistrate judge's Recommendation (ECF No. #43 ), and GRANTS IN PART and DENIES IN PART Defendant's Motion to Dismiss (ECF No. #15 ). The Clerk is directed to TRANSFER this case to the United States District Court for the Western District of Texas. By Judge Raymond P. Moore on February 19, 2021. (rvill, ) [Transferred from Colorado on 2/19/2021.]
February 18, 2021 Opinion or Order Filing 48 ORDER APPROVING JOINT STIPULATION REGARDING DISCOVERY OF ELECTRONICALLY-STORED INFORMATION by Magistrate Judge Michael E. Hegarty on 18 February 2021. (cmadr, ) [Transferred from Colorado on 2/19/2021.]
February 18, 2021 Filing 47 STIPULATION JOINT Regarding Discovery of Electronically-Stored Information by Plaintiff Fresenius Kabi USA, LLC. (Varholak, Katherine) [Transferred from Colorado on 2/19/2021.]
February 17, 2021 Filing 46 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Discovery Hearing held on 2/17/2021. FTR: A501. (cthom, ) [Transferred from Colorado on 2/19/2021.]
February 11, 2021 Opinion or Order Filing 45 Minute ORDER by Magistrate Judge Michael E. Hegarty on 11 February 2021. At the request of the parties, the Court will hold a Discovery Conference on February 17, 2021, at 2:00 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. In advance of the conference, the parties may each prepare a short statement identifying the nature of the dispute(s) and provide the statements and any other documents/information that may assist in the resolution of the issues by email to hegarty_chambers@cod.uscourts.gov. These materials shall be submitted before noon on February 16, 2021. (cmadr, ) [Transferred from Colorado on 2/19/2021.]
February 9, 2021 Filing 44 OBJECTION to #43 Report and Recommendations filed by Plaintiff Fresenius Kabi USA, LLC. (Mohan, Arun) [Transferred from Colorado on 2/19/2021.]
January 26, 2021 Filing 43 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Michael E. Hegarty on 26 January 2021. ACCORDINGLY, the Court respectfully RECOMMENDS that Defendant's Motion to Dismiss #15 be granted and that this case be transferred to the Western District of Texas where Case No. 20-cv-01091 already is pending between the parties. (cmadr, ) [Transferred from Colorado on 2/19/2021.]
January 21, 2021 Opinion or Order Filing 42 ORDER by Magistrate Judge Michael E. Hegarty on 21 January 2021. Accordingly, Defendant's Motion to Stay Discovery #21 is denied.(cmadr, ) [Transferred from Colorado on 2/19/2021.]
January 21, 2021 Opinion or Order Filing 41 SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 21 January 2021. (cmadr, ) [Transferred from Colorado on 2/19/2021.]
January 21, 2021 Filing 40 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #35 Notice of Entry of Appearance filed by attorney Kevin Michael Nelson. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (rvill, ) [Transferred from Colorado on 2/19/2021.]
January 21, 2021 Filing 39 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 1/21/2021. FTR: A501. (cthom, ) [Transferred from Colorado on 2/19/2021.]
January 21, 2021 Opinion or Order Filing 38 Minute ORDER by Magistrate Judge Michael E. Hegarty on 21 January 2021. The parties' Stipulated Motion for Protective Order #33 is denied without prejudice. Finally, if the parties refile the motion in accordance with this order, the parties are asked to also provide the Court with a copy of the revised proposed protective order in editable format (i.e., Word) by emailing it to hegarty_chambers@cod.uscourts.gov.(cmadr, ) [Transferred from Colorado on 2/19/2021.]
January 20, 2021 Filing 37 REPLY to Response to #21 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss for Improper Venue filed by Defendant Custopharm, Inc.. (Rollo, Sherry) [Transferred from Colorado on 2/19/2021.]
January 20, 2021 Filing 36 REPLY to Response to #15 MOTION to Dismiss filed by Defendant Custopharm, Inc.. (Reilly, Kathryn) [Transferred from Colorado on 2/19/2021.]
January 20, 2021 Filing 35 NOTICE of Entry of Appearance by Kevin Michael Nelson on behalf of Fresenius Kabi USA, LLCAttorney Kevin Michael Nelson added to party Fresenius Kabi USA, LLC(pty:pla) (Nelson, Kevin) [Transferred from Colorado on 2/19/2021.]
January 19, 2021 Opinion or Order Filing 34 MEMORANDUM regarding #33 Stipulated MOTION for Protective Order filed by Fresenius Kabi USA, LLC. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 1/19/2021. (Text Only Entry) (rmsec ) [Transferred from Colorado on 2/19/2021.]
January 15, 2021 Filing 33 Stipulated MOTION for Protective Order by Plaintiff Fresenius Kabi USA, LLC. (Mohan, Arun) [Transferred from Colorado on 2/19/2021.]
January 15, 2021 Filing 32 NOTICE of Entry of Appearance by Steven Eric Feldman on behalf of Custopharm, Inc.Attorney Steven Eric Feldman added to party Custopharm, Inc.(pty:dft) (Feldman, Steven) [Transferred from Colorado on 2/19/2021.]
January 15, 2021 Opinion or Order Filing 31 Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 January 2021. For good cause shown, the parties' "Joint Motion to Extend Time to Submit a Stipulated Protective Order" #25 is granted. The parties may submit a stipulated protective order on or before January 15, 2021.(cmadr, ) [Transferred from Colorado on 2/19/2021.]
January 13, 2021 Filing 30 NOTICE of Entry of Appearance by Sherry Lee Rollo on behalf of Custopharm, Inc.Attorney Sherry Lee Rollo added to party Custopharm, Inc.(pty:dft) (Rollo, Sherry) [Transferred from Colorado on 2/19/2021.]
January 13, 2021 Filing 29 RESPONSE to #21 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss for Improper Venue (Response in Opposition to Motion) filed by Plaintiff Fresenius Kabi USA, LLC. (Mohan, Arun) [Transferred from Colorado on 2/19/2021.]
January 13, 2021 Filing 28 NOTICE of Entry of Appearance by Arun John Mohan on behalf of Fresenius Kabi USA, LLCAttorney Arun John Mohan added to party Fresenius Kabi USA, LLC(pty:pla) (Mohan, Arun) [Transferred from Colorado on 2/19/2021.]
January 13, 2021 Filing 27 Proposed Scheduling Order by Plaintiff Fresenius Kabi USA, LLC. (Attachments: #1 Exhibit Exhibit A to (Proposed) Scheduling Order)(Sawtelle, James) [Transferred from Colorado on 2/19/2021.]
January 13, 2021 Opinion or Order Filing 26 MEMORANDUM regarding #25 Joint MOTION for Extension of Time to Submit a Stipulated Protective Order filed by Fresenius Kabi USA, LLC. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 1/13/2021. (Text Only Entry) (rmsec ) [Transferred from Colorado on 2/19/2021.]
January 12, 2021 Filing 25 Joint MOTION for Extension of Time to Submit a Stipulated Protective Order by Plaintiff Fresenius Kabi USA, LLC. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Joint Motion to Extend Time to Submit a Stipulated Protective Order)(Sawtelle, James) [Transferred from Colorado on 2/19/2021.]
January 7, 2021 Opinion or Order Filing 24 Minute ORDER by Magistrate Judge Michael E. Hegarty on 7 January 2021. This matter comes before the Court following a prior email request by the parties to appear at the January 21, 2020 Scheduling Conference by video. The Court has confirmed that a video line is available for use, so the Court shall permit the parties to appear by video. To do so, the parties are directed to use the instructions attached to this Minute Order as an exhibit. All other aspects of this Court's minute order on December 22, 2020 (ECF #20 ) remain in effect. (Attachments: #1 Exhibit) (cmadr, ) [Transferred from Colorado on 2/19/2021.]
January 6, 2021 Filing 23 RESPONSE to #15 MOTION to Dismiss (Response in Opposition to Motion) filed by Plaintiff Fresenius Kabi USA, LLC. (Attachments: #1 Exhibit Exhibit A - Custopharm Articles of Incorporation in Colorado - 2017, #2 Exhibit Exhibit B - 2018 Periodic Report, #3 Exhibit Exhibit C - 2019 Periodic Report, #4 Exhibit Exhibit D - 2020 Periodic Report, #5 Exhibit Exhibit E - 2018 Statement of Correction, #6 Exhibit Exhibit F - 2019 Statement of Correction, #7 Exhibit Exhibit G - 2020 Statement of Correction, #8 Exhibit Exhibit H - Statement of Conversion)(Sawtelle, James) [Transferred from Colorado on 2/19/2021.]
December 23, 2020 Filing 22 MEMORANDUM regarding #21 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss for Improper Venue filed by Custopharm, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 12/23/2020. (Text Only Entry) (rmsec ) [Transferred from Colorado on 2/19/2021.]
December 23, 2020 Filing 21 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss for Improper Venue by Defendant Custopharm, Inc.. (Reilly, Kathryn) [Transferred from Colorado on 2/19/2021.]
December 22, 2020 Opinion or Order Filing 20 Minute ORDER by Magistrate Judge Michael E. Hegarty on 22 December 2020.At the request of the parties, the Fed. R. Civ. P. 16(b) Scheduling Conference set for January 4, 2021 is vacated and rescheduled for January 21, 2021, at 10:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (cmadr, ) [Transferred from Colorado on 2/19/2021.]
December 17, 2020 Filing 19 CORPORATE DISCLOSURE STATEMENT. (Reilly, Kathryn) [Transferred from Colorado on 2/19/2021.]
December 17, 2020 Filing 18 MEMORANDUM regarding #15 MOTION to Dismiss filed by Custopharm, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 12/17/2020. (Text Only Entry) (rmsec ) [Transferred from Colorado on 2/19/2021.]
December 17, 2020 Opinion or Order Filing 17 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 12/17/2020. (Text Only Entry) (rmsec ) [Transferred from Colorado on 2/19/2021.]
December 17, 2020 Opinion or Order Filing 16 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 12/17/2020. (Text Only Entry) (rmsec ) [Transferred from Colorado on 2/19/2021.]
December 16, 2020 Filing 15 MOTION to Dismiss by Defendant Custopharm, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Reilly, Kathryn) [Transferred from Colorado on 2/19/2021.]
December 16, 2020 Filing 14 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Raymond P. Moore for all further proceedings. All future pleadings should be designated as 20-cv-3254-RM (angar, ) [Transferred from Colorado on 2/19/2021.]
December 16, 2020 Filing 13 NOTICE of Entry of Appearance by Chuan Cheng on behalf of Custopharm, Inc.Attorney Chuan Cheng added to party Custopharm, Inc.(pty:dft) (Cheng, Chuan) [Transferred from Colorado on 2/19/2021.]
December 16, 2020 Filing 12 NOTICE of Entry of Appearance by Kathryn A. Reilly on behalf of Custopharm, Inc.Attorney Kathryn A. Reilly added to party Custopharm, Inc.(pty:dft) (Reilly, Kathryn) [Transferred from Colorado on 2/19/2021.]
December 16, 2020 Filing 11 CASE REASSIGNED pursuant to #10 . All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-03254-LTB. (Text Only Entry) (cmadr, ) Modified to correct entry on 12/16/2020 (cmadr, ). [Transferred from Colorado on 2/19/2021.]
December 16, 2020 Opinion or Order Filing 10 Minute ORDER by Magistrate Judge Michael E. Hegarty on 16 December 2020. Pursuant to the consent form filed by the parties declining consent under the D.C. Colo. LCivR 40.1(c) (ECF #9 ), the Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72 and D.C. Colo. LCivR 72.1(c). (cmadr, ) [Transferred from Colorado on 2/19/2021.]
December 15, 2020 Filing 9 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Fresenius Kabi USA, LLC All parties do not consent.. (Varholak, Katherine) [Transferred from Colorado on 2/19/2021.]
December 8, 2020 Filing 8 NOTICE OF CASE ASSOCIATION (Related Cases) by James Gordon Sawtelle on behalf of Fresenius Kabi USA, LLC (Sawtelle, James) [Transferred from Colorado on 2/19/2021.]
December 1, 2020 Filing 7 SUMMONS Returned Executed by Fresenius Kabi USA, LLC. Custopharm, Inc. served on 11/25/2020, answer due 12/16/2020. (Sawtelle, James) [Transferred from Colorado on 2/19/2021.]
November 3, 2020 Opinion or Order Filing 6 Minute ORDER by Magistrate Judge Michael E. Hegarty on 3 November 2020. The parties shall complete and file the Magistrate Judge Consent Form (ECF 4-1) on or before December 15, 2020. It is ORDERED that the Fed. R. Civ. P. 16(b) Scheduling Conference shall be held on January 4, 2021, at 1:45 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Proposed Scheduling Order due 12/28/2020. (cmadr, ) [Transferred from Colorado on 2/19/2021.]
November 2, 2020 Filing 5 Report re Patent: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (jtorr, ) [Transferred from Colorado on 2/19/2021.]
November 2, 2020 Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jtorr, ) [Transferred from Colorado on 2/19/2021.]
October 30, 2020 Filing 3 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jtorr, ) [Transferred from Colorado on 2/19/2021.]
October 30, 2020 Filing 2 CORPORATE DISCLOSURE STATEMENT. (Sawtelle, James) [Transferred from Colorado on 2/19/2021.]
October 30, 2020 Filing 1 COMPLAINT against Custopharm, Inc. (Filing fee $ 400,Receipt Number 1082-7567833)Attorney James Gordon Sawtelle added to party Fresenius Kabi USA, LLC(pty:pla), filed by Fresenius Kabi USA, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons directed to Custopharm, Inc.)(Sawtelle, James) [Transferred from Colorado on 2/19/2021.]

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Defendant: Custopharm, Inc.
Represented By: Sherry Lee Rollo
Represented By: Steven Eric Feldman
Represented By: Kathryn A. Reilly
Represented By: Chuan Cheng
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Plaintiff: Fresenius Kabi USA, LLC
Represented By: Kevin Michael Nelson
Represented By: Samuel Browne Ballingrud
Represented By: Katherine Dawson Varholak
Represented By: James G. Sawtelle
Represented By: Arun John Mohan
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