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 1545 |
Filed: 1/21/2025, Entered: None |
Clerk's Exhibit/Notices |
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| 1544 |
Filed: 1/21/2025, Entered: None |
Clerk's Exhibit/Notices |
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Request |
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| 1543 |
Filed: 11/4/2024, Entered: None |
Clerk's Exhibit/Notices |
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Request |
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| 1542 |
Filed: 11/4/2024, Entered: None |
Clerk's Exhibit/Notices |
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Request |
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| 1541 |
Filed: 1/11/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1538 |
Filed: 1/4/2019, Entered: None |
Order on Motion to Expedite |
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Request |
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| 1537 |
Filed: 1/4/2019, Entered: None |
Order on Motion to Expedite |
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Request |
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| 1536 |
Filed: 1/4/2019, Entered: None |
Expedite |
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Request |
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| 1535 |
Filed: 1/4/2019, Entered: None |
Expedite |
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Request |
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| 1534 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1533 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1532 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1531 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1530 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1529 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1528 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1527 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1526 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1525 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1524 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1523 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1522 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1521 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1520 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1519 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1518 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1517 |
Filed: 1/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 1516 |
Filed: 1/2/2019, Entered: None |
Order on Expedited Motion |
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Request |
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| 1515 |
Filed: 12/27/2018, Entered: None |
Expedited Motion |
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Request |
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| 1510 |
Filed: 4/27/2018, Entered: None |
Order on Motion to Seal |
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Request |
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| 1509 |
Filed: 4/25/2018, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1472 |
Filed: 2/6/2018, Entered: None |
Order pdf attached |
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Request |
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| 1471 |
Filed: 2/6/2018, Entered: None |
Order on Sealed Motion |
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Request |
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| 1470 |
Filed: 2/6/2018, Entered: None |
Leave to File Document |
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Request |
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| 1469 |
Filed: 2/2/2018, Entered: None |
Order pdf attached |
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Request |
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| 1465 |
Filed: 1/31/2018, Entered: None |
Miscellaneous Relief |
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Request |
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| 1458 |
Filed: 1/26/2018, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1446 |
Filed: 1/18/2018, Entered: None |
Clarification |
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Request |
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| 1439 |
Filed: 1/16/2018, Entered: None |
Clarification |
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Request |
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| 1436 |
Filed: 1/12/2018, Entered: None |
Miscellaneous Relief |
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Request |
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| 1422 |
Filed: 1/11/2018, Entered: None |
extension of time |
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Request |
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| 1419 |
Filed: 1/10/2018, Entered: None |
Withdraw as Attorney |
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Request |
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| 1417 |
Filed: 1/5/2018, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1407 |
Filed: 1/3/2018, Entered: None |
Extension of Time to File Response/Reply/Answer |
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Request |
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| 1403 |
Filed: 12/29/2017, Entered: None |
Miscellaneous Relief |
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Request |
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| 1396 |
Filed: 12/26/2017, Entered: None |
Miscellaneous Relief |
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Request |
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| 1395 |
Filed: 12/22/2017, Entered: None |
Order pdf attached |
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Request |
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| 1385 |
Filed: 12/11/2017, Entered: None |
Miscellaneous Relief |
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Request |
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| 1375 |
Filed: 11/28/2017, Entered: None |
Dismiss |
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Request |
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| 1305 |
Filed: 11/3/2017, Entered: None |
Order on Motion to Stay |
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Request |
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| 1265 |
Filed: 10/16/2017, Entered: None |
Order on Motion to Amend/Correct |
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Request |
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| 1262 |
Filed: 10/12/2017, Entered: None |
Leave to File Document |
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Request |
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| 1260 |
Filed: 10/11/2017, Entered: None |
Leave to File Document |
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Request |
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| 1256 |
Filed: 10/5/2017, Entered: None |
Amend/Correct |
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Request |
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| 1221 |
Filed: 10/2/2017, Entered: None |
Order |
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Request |
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| 1160 |
Filed: 8/2/2017, Entered: None |
Compel |
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Request |
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| 1152 |
Filed: 6/14/2017, Entered: None |
Leave to File Document |
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Request |
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| 1150 |
Filed: 6/14/2017, Entered: None |
Leave to File Document |
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Request |
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| 1143 |
Filed: 5/31/2017, Entered: None |
Order |
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Request |
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| 1137 |
Filed: 5/25/2017, Entered: None |
Leave to File Document |
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Request |
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| 1136 |
Filed: 5/25/2017, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1132 |
Filed: 5/23/2017, Entered: None |
Appear |
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Request |
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| 1129 |
Filed: 5/22/2017, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1125 |
Filed: 5/19/2017, Entered: None |
Order on Motion for Clarification |
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Request |
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| 1123 |
Filed: 5/18/2017, Entered: None |
Withdraw as Attorney |
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Request |
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| 1121 |
Filed: 5/16/2017, Entered: None |
extension of time |
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Request |
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| 1118 |
Filed: 5/15/2017, Entered: None |
Clarification |
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Request |
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| 1117 |
Filed: 5/15/2017, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1112 |
Filed: 5/11/2017, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1107 |
Filed: 5/10/2017, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1103 |
Filed: 5/10/2017, Entered: None |
Leave to File Document |
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Request |
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| 1097 |
Filed: 5/5/2017, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1095 |
Filed: 5/3/2017, Entered: None |
Order |
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Request |
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| 1091 |
Filed: 5/1/2017, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1089 |
Filed: 4/28/2017, Entered: None |
Clarification |
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Request |
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| 1077 |
Filed: 4/25/2017, Entered: None |
Motion to Seal |
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Request |
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| 1070 |
Filed: 4/14/2017, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1069 |
Filed: 4/5/2017, Entered: None |
Order |
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Request |
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| 1067 |
Filed: 4/5/2017, Entered: None |
Amend/Correct |
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Request |
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| 1064 |
Filed: 4/4/2017, Entered: None |
Release of Funds |
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Request |
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| 1062 |
Filed: 2/15/2017, Entered: None |
Order |
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Request |
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| 1058 |
Filed: 2/9/2017, Entered: None |
Clarification |
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Request |
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| 1057 |
Filed: 2/6/2017, Entered: None |
Amended Order |
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Request |
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| 1056 |
Filed: 2/3/2017, Entered: None |
Order |
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Request |
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| 1049 |
Filed: 3/23/2016, Entered: None |
Miscellaneous Relief |
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Request |
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| 1048 |
Filed: 3/14/2016, Entered: None |
Judgment |
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Request |
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| 1047 |
Filed: 3/14/2016, Entered: None |
Order on Motion for Miscellaneous Relief |
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Request |
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| 1044 |
Filed: 2/12/2016, Entered: None |
Miscellaneous Relief |
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Request |
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| 1043 |
Filed: 2/2/2016, Entered: None |
Order on Motion for Bill of Costs |
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Request |
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| 1041 |
Filed: 1/29/2016, Entered: None |
Withdraw as Attorney |
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Request |
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| 1040 |
Filed: 1/12/2016, Entered: None |
Order on Motion to Bifurcate |
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Request |
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| 1034 |
Filed: 12/24/2015, Entered: None |
Bifurcate |
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Request |
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| 1030 |
Filed: 12/18/2015, Entered: None |
Attorney Fees |
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Request |
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| 1027 |
Filed: 12/18/2015, Entered: None |
Motion to Seal (Public) |
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Request |
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| 1023 |
Filed: 11/30/2015, Entered: None |
Bill of Costs |
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Request |
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| 1021 |
Filed: 10/29/2015, Entered: None |
Judgment |
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Request |
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| 1020 |
Filed: 10/29/2015, Entered: None |
Order on Sealed Motion |
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Request |
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| 1019 |
Filed: 10/29/2015, Entered: None |
Order on Motion for Miscellaneous Relief |
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Request |
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| 1017 |
Filed: 10/27/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 1016 |
Filed: 10/26/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 1006 |
Filed: 10/12/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 1002 |
Filed: 10/12/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 1001 |
Filed: 10/8/2015, Entered: None |
Order |
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Request |
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| 1000 |
Filed: 10/7/2015, Entered: None |
In Limine |
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Request |
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| 999 |
Filed: 10/7/2015, Entered: None |
In Limine |
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Request |
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| 998 |
Filed: 10/7/2015, Entered: None |
In Limine |
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Request |
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| 993 |
Filed: 10/5/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 992 |
Filed: 10/5/2015, Entered: None |
Motion to Seal |
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Request |
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| 985 |
Filed: 9/30/2015, Entered: None |
Order on Sealed Motion |
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Request |
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| 984 |
Filed: 9/29/2015, Entered: None |
Order |
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Request |
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| 981 |
Filed: 9/29/2015, Entered: None |
Motion to Seal |
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Request |
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| 977 |
Filed: 9/28/2015, Entered: None |
Order |
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Request |
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| 965 |
Filed: 9/21/2015, Entered: None |
Bring Electronic Equipment |
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Request |
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| 960 |
Filed: 9/21/2015, Entered: None |
Motion to Seal |
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Request |
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| 957 |
Filed: 9/21/2015, Entered: None |
Motion to Seal |
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Request |
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| 956 |
Filed: 9/21/2015, Entered: None |
Motion to Seal |
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Request |
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| 954 |
Filed: 9/18/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 943 |
Filed: 9/16/2015, Entered: None |
Motion to Seal |
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Request |
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| 942 |
Filed: 9/16/2015, Entered: None |
Motion to Seal |
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Request |
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| 938 |
Filed: 9/16/2015, Entered: None |
Motion to Seal |
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Request |
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| 936 |
Filed: 9/16/2015, Entered: None |
In Limine |
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Request |
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| 935 |
Filed: 9/16/2015, Entered: None |
In Limine |
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Request |
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| 934 |
Filed: 9/16/2015, Entered: None |
In Limine |
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Request |
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| 930 |
Filed: 9/14/2015, Entered: None |
Motion to Seal |
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Request |
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| 928 |
Filed: 9/14/2015, Entered: None |
Motion to Seal |
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Request |
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| 916 |
Filed: 9/9/2015, Entered: None |
Motion to Seal |
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Request |
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| 915 |
Filed: 9/9/2015, Entered: None |
Motion to Seal |
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Request |
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| 905 |
Filed: 9/4/2015, Entered: None |
Order |
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Request |
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| 904 |
Filed: 9/4/2015, Entered: None |
Clarification |
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Request |
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| 899 |
Filed: 9/3/2015, Entered: None |
Motion to Seal |
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Request |
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| 895 |
Filed: 9/2/2015, Entered: None |
extension of time |
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Request |
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| 894 |
Filed: 9/2/2015, Entered: None |
Clarification |
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Request |
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| 888 |
Filed: 8/31/2015, Entered: None |
Motion to Seal |
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Request |
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| 883 |
Filed: 8/28/2015, Entered: None |
Motion to Seal |
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Request |
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| 882 |
Filed: 8/28/2015, Entered: None |
Order on Motion for Miscellaneous Relief |
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Request |
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| 881 |
Filed: 8/28/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 876 |
Filed: 8/25/2015, Entered: None |
Motion to Seal |
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Request |
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| 875 |
Filed: 8/25/2015, Entered: None |
Motion to Seal |
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Request |
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| 866 |
Filed: 8/18/2015, Entered: None |
Motion to Seal |
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Request |
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| 863 |
Filed: 8/18/2015, Entered: None |
Motion to Seal |
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Request |
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| 860 |
Filed: 8/17/2015, Entered: None |
Compel |
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Request |
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| 859 |
Filed: 8/17/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 857 |
Filed: 8/17/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 855 |
Filed: 8/17/2015, Entered: None |
Motion to Seal |
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Request |
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| 850 |
Filed: 8/12/2015, Entered: None |
Leave to File Document |
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Request |
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| 849 |
Filed: 8/12/2015, Entered: None |
Order on Motion to Compel |
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Request |
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| 848 |
Filed: 8/11/2015, Entered: None |
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FINAL MEDIATION REPORT by John M. Barkett. Disposition: Case did not settle.(Barkett, John) (Entered: 08/11/2015)
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Request |
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| 847 |
Filed: 8/10/2015, Entered: None |
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REPLY to Response to Motion re 839 Plaintiff's MOTION to Compel RECONVENED DEPOSITION OF JAMES C. MULLEN filed by Procaps S.A.. (Carlos, Natalie) (Entered: 08/10/2015)
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Request |
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| 846 |
Filed: 8/10/2015, Entered: None |
Motion to Seal |
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Request |
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| 845 |
Filed: 8/10/2015, Entered: None |
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RESPONSE in Support re 807 Defendant's MOTION to Strike the Expert Report of David Heyens, 808 Defendant's MOTION to Strike Expert Report of W. James Lloyd filed by Patheon Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Brochin, Robert) (Entered: 08/10/2015)
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Request |
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| 844 |
Filed: 8/7/2015, Entered: None |
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RESPONSE in Opposition re 839 Plaintiff's MOTION to Compel RECONVENED DEPOSITION OF JAMES C. MULLEN filed by Patheon Inc.. Replies due by 8/17/2015. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brochin, Robert) (Entered: 08/07/2015)
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Request |
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| 843 |
Filed: 8/3/2015, Entered: None |
 |
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ORDER granting 842 Motion for Extension of Time to File Response to Motion re 839 Plaintiff's Motion to Compel Reconvened Deposition of James Mullen. Patheon's Response shall now be due by 8/7/2015 at 12:00 PM, and Procaps' Reply shall be due by 8/10/2015. Signed by Magistrate Judge Jonathan Goodman on 8/3/2015. (tr00) (Entered: 08/03/2015)
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Request |
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| 842 |
Filed: 8/3/2015, Entered: None |
Extension of Time to File Response/Reply/Answer |
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Request |
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| 841 |
Filed: 8/3/2015, Entered: None |
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ENDORSED ORDER re 839 Plaintiff's Motion to Compel Reconvened Deposition of James Mullen. Patheon shall, by 8/5/2015, file a response of no more than five double-spaced pages, excluding signature block and certificate of service. Procaps shall, by 8/6/2015, file a reply of no more than three double-spaced pages, excluding signature block and certificate of service. In its response, Patheon shall specifically identify the precise parties who designated as "confidential" every exhibit which Procaps attempted to use at the recent Mullen deposition. In addition, Patheon shall specify Mullen's former and current positions for the past 4 years for each entity which applied the "confidential" designations to the exhibits. Patheon shall also explain, on an exhibit-by-exhibit basis, whether Mullen prepared, reviewed, publicly discussed, privately discussed or had access to each confidential exhibit used -- or attempted to be used -- at his recent deposition. Finally, if Mullen truly does not know the identify of Patheon's current CEO, then Patheon shall provide a list of employees or agents who would have this seemingly basic information readily available. The Court understands that the briefing schedule is tight, but the Undersigned is under the impression that the mediation is scheduled for August 7, 2015. Signed by Magistrate Judge Jonathan Goodman on 8/3/2015. (tr00) (Entered: 08/03/2015)
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Request |
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| 840 |
Filed: 8/3/2015, Entered: None |
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|
ENDORSED ORDER granting 838 Procaps' Agreed Motion for Extension of Time to Depose Patheon's Expert. Procaps shall have until 8/13/2015 to depose Patheon's expert, Robert Yerman. Signed by Magistrate Judge Jonathan Goodman on 8/3/2015. (tr00) (Entered: 08/03/2015)
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Request |
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| 839 |
Filed: 8/3/2015, Entered: None |
Compel |
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Request |
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| 838 |
Filed: 8/3/2015, Entered: None |
extension of time |
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Request |
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| 837 |
Filed: 7/31/2015, Entered: None |
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ENDORSED ORDER settling 824 Patheon's Motion to Amend/Correct the Stipulated Protective Order. Sherbet, Conner, Minski and Franco may review (and/or continue to review) information designated as "confidential" under the stipulated protective order. The parties may, of course, consent to review of "confidential" information by additional persons who are technically not employees of a specific party to this lawsuit. Signed by Magistrate Judge Jonathan Goodman on 7/31/2015. (JG) (Entered: 07/31/2015)
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Request |
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| 836 |
Filed: 7/31/2015, Entered: None |
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RESPONSE in Support re 824 Defendant's MOTION to Amend/Correct Protective Order filed by Patheon Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brochin, Robert) (Entered: 07/31/2015)
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Request |
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| 835 |
Filed: 7/30/2015, Entered: None |
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RESPONSE to Motion re 824 Defendant's MOTION to Amend/Correct Protective Order (CORRECTED) filed by Procaps S.A.. Replies due by 8/10/2015. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Carlos, Natalie) (Entered: 07/30/2015)
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Request |
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| 834 |
Filed: 7/30/2015, Entered: None |
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RESPONSE to 824 Defendant's MOTION to Amend/Correct Protective Order by Procaps S.A.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Carlos, Natalie) Modified title text on 7/31/2015 (asl). (Entered: 07/30/2015)
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Request |
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| 833 |
Filed: 7/30/2015, Entered: None |
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ENDORSED ORDER denying 832 Plaintiff's Motion for Extension of Time. Plaintiff shall file its response by 5:00 pm today and Patheon shall file its reply by midnight, July 31. The Court will issue an order on the underlying motion over the weekend. Signed by Magistrate Judge Jonathan Goodman on 7/30/2015. (JG) (Entered: 07/30/2015)
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Request |
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| 832 |
Filed: 7/29/2015, Entered: None |
extension of time |
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Request |
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| 831 |
Filed: 7/28/2015, Entered: None |
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RESPONSE to Motion re 807 Defendant's MOTION to Strike the Expert Report of David Heyens, 808 Defendant's MOTION to Strike Expert Report of W. James Lloyd filed by Procaps S.A.. Replies due by 8/7/2015. (Attachments: # 1 Exhibit A - Heyens Dep. Excerpts, # 2 Exhibit B - Lloyd Dep. Excerpts, # 3 Exhibit C - Patheon's 30(b)(6) Deposition Notice)(Coutroulis, Chris) (Entered: 07/28/2015)
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Request |
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| 830 |
Filed: 7/28/2015, Entered: None |
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|
ENDORSED ORDER striking Patheon's 829 Emergency Motion for Order to Show Cause for failure to comply with Local Rule 7.1(e)'s requirement that emergency motions "set forth in detail the necessity for such expedited procedure and be accompanied by the form available on the courts website." The form, entitled "Certification of Emergency," requires the attorney filing the emergency motion to certify that he or she has "carefully examined this matter and it is a true emergency." The required form also mandates that the attorney certify that he or she has "made a bona fide effort to resolve this matter without the necessity of emergency action." Patheon's counsel did not use the required form, and therefore, the motion is hereby stricken. Signed by Magistrate Judge Jonathan Goodman on 7/28/2015. (tr00) (Entered: 07/28/2015)
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Request |
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| 829 |
Filed: 7/28/2015, Entered: None |
Show Cause |
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Request |
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| 828 |
Filed: 7/28/2015, Entered: None |
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|
NOTICE of Attorney Appearance by David Lanier Luck on behalf of Procaps S.A.. Attorney David Lanier Luck added to party Procaps S.A.(pty:pla). (Luck, David) (Entered: 07/28/2015)
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Request |
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| 827 |
Filed: 7/27/2015, Entered: None |
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ENDORSED ORDER re 824 Defendant's Motion to Amend/Correct Protective Order. Procaps shall, by 7/29/2015, file a response of no more than 5 double-spaced pages, excluding signature block and certificate of service. Patheon shall, by 12:00 PM on 7/31/2015, file a reply of no more than 3 double-spaced pages, excluding signature block and certificate of service. Procaps' response shall address the issues arising from Conner's attendance at depositions even though he is not a Patheon employee and similar issues flowing for Minski's and Franco's attendance at depositions involving confidential information and review of confidential information even though they, too, are not technically employees. Also, the response and reply should discuss the Court's observation that it appears as though BOTH parties have repeatedly violated the stipulated protective order (and that BOTH parties have known that the other party has violated the protective order) by permitting non-employees to review confidential information. Signed by Magistrate Judge Jonathan Goodman on 7/27/2015. (tr00) (Entered: 07/27/2015)
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Request |
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| 826 |
Filed: 7/27/2015, Entered: None |
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|
NOTICE by Patheon Inc. re 824 Defendant's MOTION to Amend/Correct Protective Order of Filing Exhibit 5 (Attachments: # 1 Exhibit 5) (Brochin, Robert) (Entered: 07/27/2015)
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Request |
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| 825 |
Filed: 7/27/2015, Entered: None |
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NOTICE by Patheon Inc. re 823 Notice (Other) of Filing Exhibit 2 (Attachments: # 1 Exhibit 2) (Brochin, Robert) (Entered: 07/27/2015)
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Request |
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| 824 |
Filed: 7/27/2015, Entered: None |
Amend/Correct |
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Request |
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| 823 |
Filed: 7/24/2015, Entered: None |
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NOTICE by Patheon Inc. re 778 Order,,,,, (DEFENDANT'S PROPOSED RULE OF REASON STRUCTURE) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Brochin, Robert) (Entered: 07/24/2015)
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Request |
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| 822 |
Filed: 7/24/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 821 |
Filed: 7/23/2015, Entered: None |
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|
TRANSCRIPT of Motion Hearing held on 07/21/15 before Magistrate Judge Jonathan Goodman, 1-92 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2015. Redacted Transcript Deadline set for 8/27/2015. Release of Transcript Restriction set for 10/26/2015. (pdz) (Entered: 07/23/2015)
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Request |
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| 820 |
Filed: 7/22/2015, Entered: None |
Order |
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Request |
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| 819 |
Filed: 7/20/2015, Entered: None |
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ENDORSED ORDER granting Patheon's 811 Motion to Seal pursuant to the 86 Stipulated Confidentiality Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 7/20/2015. (tr00) (Entered: 07/20/2015)
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Request |
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| 818 |
Filed: 7/20/2015, Entered: None |
Order on Motion to Compel |
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Request |
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| 817 |
Filed: 7/20/2015, Entered: None |
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|
CLERK'S NOTICE of Compliance pursuant to 814 Endorsed Order (nc) (Entered: 07/20/2015)
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Request |
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| 816 |
Filed: 7/18/2015, Entered: None |
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|
REPLY in Support re 800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log filed by Patheon Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Brochin, Robert) Modified title text on 7/20/2015 (asl). (Entered: 07/18/2015)
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Request |
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| 815 |
Filed: 7/18/2015, Entered: None |
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REPLY in Support re 804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Patheon Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brochin, Robert) Modified title text on 7/20/2015 (asl). (Entered: 07/18/2015)
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Request |
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| 814 |
Filed: 7/17/2015, Entered: None |
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|
ENDORSED ORDER granting 810 Motion to Seal pursuant to Local Rule 5.4 and the 86 Stipulated Confidentiality Order. However, this is not in any way a substantive ruling on whether all, some or none of the exhibits were properly designated as "highly confidential" by Procaps. Signed by Magistrate Judge Jonathan Goodman on 7/17/2015. (tr00) (Entered: 07/17/2015)
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Request |
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| 813 |
Filed: 7/16/2015, Entered: None |
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|
RESPONSE in Opposition re 804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Procaps S.A.. Replies due by 7/27/2015. (Attachments: # 1 Exhibit Email communication, # 2 Exhibit Declaration)(Rosenthal, Alan) (Entered: 07/16/2015)
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Request |
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| 812 |
Filed: 7/15/2015, Entered: None |
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|
MEMORANDUM in Opposition re 800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log filed by Procaps S.A.. Replies due by 7/27/2015. (Rosenthal, Alan) Modified title text on 7/16/2015 (asl). (Entered: 07/15/2015)
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Request |
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| 811 |
Filed: 7/15/2015, Entered: None |
Motion to Seal |
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Request |
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| 810 |
Filed: 7/15/2015, Entered: None |
Motion to Seal |
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Request |
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| 810 |
Filed: 7/14/2015, Entered: None |
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MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 7/15/2015: # 1 Exhibit 2, # 2 Exhibit 2 cont'd, # 3 Exhibit 2 cont'd, # 4 Exhibit 3) (nc). (Entered: 07/15/2015)
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Request |
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| 809 |
Filed: 7/15/2015, Entered: None |
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|
ENDORSED ORDER re 807 Defendant's MOTION to Strike the Expert Report of David Heyens filed by Patheon Inc., 808 Defendant's MOTION to Strike Expert Report of W. James Lloyd filed by Patheon Inc. Procaps shall file a response (or responses) to these two motions by July 28, 2015. Procaps may either file a separate double-spaced 5-page response to each motion (excluding signature block and certificate of service) or one omnibus memorandum of 10 pages. Patheon shall file a reply (or reponses) by August 10, 2015. Patheon may file separate 3-page replies or an omnibus 6-page reply.Assuming, for the sake of hypothetical discussion only, that Patheon's motions have sufficient merit to raise colorable arguments, the parties shall (in their responses and replies) address the logic and feasibility of striking portions of the experts' reports, rather than the entire report. Signed by Magistrate Judge Jonathan Goodman on 7/15/2015. (JG) (Entered: 07/15/2015)
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Request |
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| 808 |
Filed: 7/14/2015, Entered: None |
Strike |
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Request |
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| 807 |
Filed: 7/14/2015, Entered: None |
Strike |
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Request |
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| 806 |
Filed: 7/14/2015, Entered: None |
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|
SUPPLEMENTAL ENDORSED ORDER re 804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Patheon Inc. In its response (for Procaps) and reply (for Patheon) to Patheon's motion to compel re-review and re-designation of documents marked highly confidential [ECF No. 804], the parties shall each provide notice (in the form of an affidavit or declaration) of the amount of attorney's fees it incurred in the dispute over Patheon's claim that Procaps has impermissibly (and indiscriminately and in bad faith) over-designated approximately 95% of its forensically-produced documents as "highly confidential," which precludes Patheon from seeing them. The notice shall list the number of hours on a per-attorney basis and should use the hourly fees previously approved by the Court for a fees award in this case for the dollar calculation. The notice shall be an up-to-date report and should include all time incurred in the dispute up through the filing of the response (or reply) and the notice itself (which should be simultaneously filed as an exhibit). The notice shall also include, in a separate section, similar fees information concerning Patheon's claim that Procaps impermissibly designated as highly confidential its revised supplemental interrogatory answers and its damages expert's report. Signed by Magistrate Judge Jonathan Goodman on 7/14/2015. (JG) (Entered: 07/14/2015)
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Request |
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| 805 |
Filed: 7/13/2015, Entered: None |
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|
ENDORSED ORDER re 804 Defendant's MOTION to Compel Re-Review and Re-Designation of Documents Marked Highly Confidential filed by Patheon Inc. Procaps shall file a double-spaced response of no more than 5 pages by July 16, 2015 and Patheon shall file a reply of no more than 3 pages by July 19, 2105. The Court understands and appreciates that July 19 is a Sunday, but that is the due date for the reply. Signed by Magistrate Judge Jonathan Goodman on 7/13/2015. (JG) (Entered: 07/13/2015)
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Request |
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| 804 |
Filed: 7/13/2015, Entered: None |
Compel |
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Request |
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| 803 |
Filed: 7/13/2015, Entered: None |
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|
ENDORSED ORDER denying as moot 793 Procaps' Motion to Compel Disclosure Schedule Relied Upon By Patheon in Opposition to Procaps' Motion to Join DPX Holdings B.V. Patheon has already produced the schedule. Signed by Magistrate Judge Jonathan Goodman on 7/13/2015. (JG) (Entered: 07/13/2015)
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Request |
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| 802 |
Filed: 7/13/2015, Entered: None |
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|
RESPONSE in Opposition re 793 Plaintiff's MOTION to Compel DISCLOSURE SCHEDULE RELIED UPON BY PATHEON IN OPPOSITION TO PROCAPS MOTION TO JOIN DPX HOLDINGS B.V. filed by Patheon Inc.. Replies due by 7/23/2015. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Brochin, Robert) (Entered: 07/13/2015)
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Request |
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| 801 |
Filed: 7/11/2015, Entered: None |
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ENDORSED ORDER re 800 Defendant's MOTION to Compel Production of Documents on Procaps' Privilege Log filed by Patheon Inc. Procaps shall file a double-spaced response of no more than 5 pages, excluding signature block and certificate of service, by July 15, 2015. Patheon shall file a reply, of up to 3 pages, by July 20, 2015. The Court will hold an in-person hearing on July 21, 2015 at 10:15 a.m. Although counsel may listen in by telephone by phoning the conference call number used by chambers, each side must have at least one attorney present in court to argue the motion. Given the upcoming depositions in the first week of August, the hearing will not be rescheduled absent compelling circumstances bordering on a genuine emergency. And given the number of attorneys involved in this case for both sides, it would be surprising indeed if all available attorneys were collectively and fortuitously unable to appear on July 21.Notwithstanding the anticipated briefing and the upcoming hearing, the parties are encouraged to continue to attempt to resolve the dispute, even if only to whittle down the scope of the dispute.Because Patheon contends that Procaps' privilege log should also list the names of all companies where persons listed on the log work, the parties shall cite to cases which address this position and shall explain whether this position is required, optional, or discretionary. In addition, the parties shall advise the Court whether Patheon's privilege log always listed the name of the employer company for all persons listed on its privilege log. Signed by Magistrate Judge Jonathan Goodman on 7/11/2015. (JG) (Entered: 07/11/2015)
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Request |
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| 800 |
Filed: 7/10/2015, Entered: None |
Compel |
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Request |
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| 799 |
Filed: 7/9/2015, Entered: None |
|
|
ENDORSED ORDER granting Patheon's 798 Motion to Seal pursuant to Local Rule 5.4 and the 86 Stipulated Confidentiality Order. Signed by Magistrate Judge Jonathan Goodman on 7/9/2015. (tr00) (Entered: 07/09/2015)
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Request |
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| 798 |
Filed: 7/9/2015, Entered: None |
Motion to Seal |
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Request |
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| 797 |
Filed: 7/9/2015, Entered: None |
|
|
NOTICE by Patheon Inc. of Filing Disclosure Schedule (Attachments: # 1 Exhibit 1) (Brochin, Robert) (Entered: 07/09/2015)
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Request |
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| 796 |
Filed: 7/9/2015, Entered: None |
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ENDORSED ORDER granting 795 Procaps' Motion for Clarification. The Undersigned grants the motion because (1) yes, the earlier order [ECF No. 782] did not, and does not, affect expert-related deadlines, and (2) yes, Dr. Baker's deposition can be taken on August 13, 2105, one day after the expert witness deposition deadline. The Court notes that the motion is unopposed and, for all practical purposes, is an agreed motion. Miracles can happen. Signed by Magistrate Judge Jonathan Goodman on 7/9/2015. (JG) (Entered: 07/09/2015)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 795 |
Filed: 7/8/2015, Entered: None |
Clarification |
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Request |
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| 794 |
Filed: 7/8/2015, Entered: None |
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ENDORSED ORDER re 793 Plaintiff's MOTION to Compel DISCLOSURE SCHEDULE RELIED UPON BY PATHEON IN OPPOSITION TO PROCAPS MOTION TO JOIN DPX HOLDINGS B.V. filed by Procaps S.A. Patheon shall by July 13, 2015 file a double-spaced response of no more than 5 pages, excluding signature block and certificate of service. The Court will determine whether a reply is permissible after reviewing the response.One other point:In its motion, Procaps asks for an attorney's fees award. As the parties well know by now, the Undersigned follows the presumption (created by Fed. R. Civ. Pro. 37) that fees arising from a discovery dispute should be awarded to the prevailing party absent one or more of the limited exceptions. Moreover, the parties (and their counsel) also know that the fees awards are frequently entered against the attorneys themselves, and that bad faith is not required.Therefore, at the risk of stating the obvious, it seems likely that a significant fees award is once again more than a mere possibility. The Undersigned is not suggesting or implying which party or attorney (or attorneys)is likely to be on the wrong side of a possible or probable fees award. The Court recognizes that a response has not yet been filed. I have reviewed the emails attached to the motion, though, so I am at least somewhat familiar with Patheon's position on Procaps' demand that the schedule be produced. Given the history here, the Undersigned is not exactly confident that the parties will be able to resolve this discovery dispute. The parties certainly have the power to not be reasonable, to not be flexible, to not provide courtesies, to not give up on any point, to fight on every issue and to seek court intervention to resolve a dispute that typically would not be submitted to the Court. So be it. The litigation chips will fall where they fall, and they may just fall (once again) into the attorney's fees pile. Or maybe some further discussions are in order. Hope springs eternal. Signed by Magistrate Judge Jonathan Goodman on 7/8/2015. (JG) Signed by Magistrate Judge Jonathan Goodman on 7/8/2015. (JG) (Entered: 07/08/2015)
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Request |
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| 793 |
Filed: 7/8/2015, Entered: None |
Compel |
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Request |
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| 792 |
Filed: 7/8/2015, Entered: None |
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|
NOTICE of Attorney Appearance by Robert Wayne Pass on behalf of Procaps S.A.. Attorney Robert Wayne Pass added to party Procaps S.A.(pty:pla). (Pass, Robert) (Entered: 07/08/2015)
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Request |
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|
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| 791 |
Filed: 7/8/2015, Entered: None |
|
|
NOTICE of Attorney Appearance by Gary Michael Pappas on behalf of Procaps S.A.. Attorney Gary Michael Pappas added to party Procaps S.A.(pty:pla). (Pappas, Gary) (Entered: 07/08/2015)
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Request |
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| 790 |
Filed: 7/2/2015, Entered: None |
|
|
ORDER re 787 MOTION to Expedite Motion for Protective OrderDefendant's MOTION for Protective Order filed by Patheon Inc. Patheon seeks expedited treatment and a protective order concerning a matter which should be routine and non-controversial: scheduling a deposition. But few things are easy in this case. In its motion, Patheon says the dispute "is not (emphasis by Patheon) about lawyers disliking each other. It's about unreasonableness."Yes. Well. Good to hear.Notwithstanding the claimed lack of personal animosity as a catalyst for the motion, it appears as though the parties cannot accomplish the simple task of scheduling a deposition without seeking immediate Court intervention.So I'm intervening -- reluctantly:1. As noted in the order permitting this limited-purpose, limited-duration deposition, Procaps can either select the deponent or issue a Rule 30(b)(6) notice, in which case Patheon will select the designee.2. Patheon may well be correct that Jim Mullen may not be the wisest choice to provide deposition testimony about the narrow scope of permissible topics, but (assuming that Patheon's perception is accurate) Procaps is free to strategically blunder and make a poor deponent-selection decision. If the Mullen deposition goes forward and Mullen lacks sufficient information, then Procaps will not be able to take another deposition. And because this scenario is not a 30(b)(6) situation, Patheon would not be required to prepare him for his deposition. If he truthfully lacked information about certain corporate transactions, then that would be his testimony.3. Patheon contends that Jason Conner would be a better deponent, and it argues that he should be the deponent. If Procaps issues a 30(b)(6) notice, then Patheon is free to designate Conner (or anyone else, for that matter). If Procaps insists on taking Mullen's deposition (or the deposition of another specifically pinpointed and named witness), then Patheon cannot demand that Conner be the deponent.4. Given that Mullen will be out of the country on July 8, he is simply unavailable for a July 8 deposition in Boston which Procaps tried to schedule on relatively short notice. Nothing further needs to be said about that.5. If Procaps wants to take Mullen's deposition, then the Court will extend the deposition deadline date to August 7, 2015 -- the same deposition deadline date as the Undersigned established the other day for the additional depositions specifically authorized by the Court.6. If Procaps issues a 30(b)(6) notice, then the parties will still have until August 7 to complete the deposition.7. Given the number of attorneys actively involved in this lawsuit for both sides, the individual vacation or work schedule of a particular attorney is insufficient to justify a demand to change a deposition date or to refuse to agree to a specific deposition date. By way of example, if Procaps demands to take Mullen's deposition for the Rule 25 deposition and Patheon offers him for a July 21, 2015 deposition but Mr. Rosenthal has a hearing in another case that day, then another Procaps attorney will need to take the deposition if an alternate date cannot be established.8. If the parties and their counsel are still unable to schedule and take the Rule 25 deposition by the deadline provided, then the Court will intervene yet again, on request -- and likely award significant fees against the individual attorneys responsible for the unfortunate situation. The parties are already familiar with the Court's practice concerning the presumptive award of attorney's fees under Rule 37.9. The Undersigned cannot imagine what a motion for protective order would have looked like if the dispute had been affected by "lawyers disliking each other." What a relief to the Court that the motion concerned only unreasonable positions. Signed by Magistrate Judge Jonathan Goodman on 7/2/2015. (JG) Signed by Magistrate Judge Jonathan Goodman on 7/2/2015. (JG) (Entered: 07/02/2015)
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Request |
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| 789 |
Filed: 7/2/2015, Entered: None |
|
|
ORDER denying 788 Procaps' Motion for an immediate telephone hearing on Patheon's motion for a protective order [ECF No. 787]. Signed by Magistrate Judge Jonathan Goodman on 7/2/2015. (JG) (Entered: 07/02/2015)
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Request |
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|
|
| 788 |
Filed: 7/2/2015, Entered: None |
Miscellaneous Relief |
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|
Request |
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|
|
| 787 |
Filed: 7/2/2015, Entered: None |
Protective Order |
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Request |
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| 786 |
Filed: 7/2/2015, Entered: None |
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|
NOTICE of Compliance by Patheon Inc. re 776 Order,,,,,,,,,,,,, (Brochin, Robert) (Entered: 07/02/2015)
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Request |
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| 785 |
Filed: 7/1/2015, Entered: None |
Order on Motion for Reconsideration |
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Request |
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| 784 |
Filed: 7/1/2015, Entered: None |
|
|
RESPONSE in Opposition re 775 Plaintiff's MOTION for Reconsideration re 737 Order on Motion for Miscellaneous Relief,,,,,,,,,,,,, filed by Patheon Inc.. Replies due by 7/13/2015. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Brochin, Robert) (Entered: 07/01/2015)
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Request |
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| 783 |
Filed: 6/30/2015, Entered: None |
Order on Motion to Expedite |
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Request |
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| 782 |
Filed: 6/30/2015, Entered: None |
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ORDER re 708 Order on Motion for Discovery.In the order [ECF No. 708] granting, in part, Patheon's motion [ECF No. 690] to take additional depositions, the Undersigned did not include a specific deadline by which the depositions authorized by the order needed to be completed. In a later-filed motion for leave to take additional depositions [ECF No. 724], Procaps represented that Patheon had not confirmed when the the depositions permitted by the order will be taken -- and then argued, in footnote 3 (p. 4), that the absence of a deadline means that Patheon could "delay the depositions through the trial date."That won't be happening.To be sure, the Undersigned did not include a deadline. This hardly means that the parties can continue to take depositions past the summary judgment motion deadline, past other deadlines, and up to and including the trial. So, in an effort to avoid any confusion arising from the lack of a deposition deadline, this Order will now set a deadline and make quite clear that the parties will not be taking depositions through the trial date. The parties shall complete all depositions still permitted by the Court by August 7, 2015, in order to give them sufficient time to use the testimony for any summary judgment purpose. This deadline applies to all depositions, regardless of who is taking them and regardless of whether the deponent is a party, a party's employee or a non-party to this lawsuit. Signed by Magistrate Judge Jonathan Goodman on 6/30/2015. (JG) (Entered: 06/30/2015)
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Request |
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| 781 |
Filed: 6/22/2015, Entered: None |
|
|
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 6/22/2015 re 726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Procaps S.A. (Digital 17:07:14.) (mso) (Entered: 06/29/2015)
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Request |
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| 780 |
Filed: 6/28/2015, Entered: None |
|
|
TRANSCRIPT of Motion to Substitute or Join DPx held on 6-22-2015 before Magistrate Judge Jonathan Goodman, 1-110 pages, Court Reporter: Gizella Baan-Proulx, 305-523-5294 / Gizella_Baan-Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/23/2015. Redacted Transcript Deadline set for 8/3/2015. Release of Transcript Restriction set for 10/1/2015. (gbx) (Entered: 06/28/2015)
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Request |
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| 779 |
Filed: 6/27/2015, Entered: None |
|
|
ORDER re 776 Order authorizing Procaps to take one four-hour deposition concerning its still-pending motion to substitute or add DPx Holdings, B.V. as a party Defendant. In that order, I gave Procaps the ability to select the deponent. This order provides additional clarification.Procaps may select the deponent if it decides to name the witness who will give the deposition. However, if Procaps decides to issue a Rule 30(b)(6) notice (to Patheon, DPx, DSM or another entity) and to list the limited issues upon which it is being permitted to take the deposition as the 30(b)(6) topics, then the entity receiving the 30(b)(6) notice may, of course, select its designee (or designees). If Procaps issues a 30(b)(6) notice and the entity produces more than one designee, then the depositions of the designees will still be subject to a collective four-hour limit. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG) (Entered: 06/27/2015)
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Request |
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| 778 |
Filed: 6/27/2015, Entered: None |
|
|
ORDER re: rule of reason analysis to be used at trial. In the order on cross-motions for summary judgment [ECF No. 565], the Undersigned advised that the Court would later issue a more-specific order on the methodology to be used at trial for the precise structure of the Rule of Reason analysis. Before simply issuing an order to fill in these important details, the Undersigned believes it prudent to first ask the parties for their suggestions.Although the parties here have agreed on preciousl little during the past two and a half years of full-strength litigation, it is not completely irrational to think that the parties might actually be able to reach a consensus on this. Therefore, the parties shall confer in an attempt to jointly recommend an agreed methodology. If such an agreement is reached, then the parties shall jointly file their suggested protocol. If an agreement cannot be reached, then the parties shall each file their own recommended structure. The submissions (either joint or individual) must be filed by July 24, 2015. If separate filings are submitted, then each submission should note the points of agreement and the points of disagreement. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG) (Entered: 06/27/2015)
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Request |
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| 777 |
Filed: 6/27/2015, Entered: None |
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|
ORDER re 775 Plaintiff's MOTION for Reconsideration re 737 Order on Motion for Miscellaneous Relief, filed by Procaps S.A. Patheon shall file a double-spaced response of no more than 5 pages (excluding signature block and certificate of service) to Procaps' motion for reconsideration by July 1, 2015. No reply or further briefing is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG) (Entered: 06/27/2015)
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Request |
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| 776 |
Filed: 6/27/2015, Entered: None |
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|
ORDER re 726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Procaps S.A..At the June 22, 2015 hearing, Procaps made an ore tenus request to take one deposition in connection with this pending motion.Patheon contends that DPx Holdings, B.V. did not assume its liabilities, did not merge with it and is not the "Newco" referenced in certain corporate transaction documents. It also says that documents filed with regulators in both the United States and Canada confirm this. On the other hand, Procaps emphasizes other documents which seem to contradict this scenario, such as press releases and internal memos or slides. Patheon acknowledges that these documents exist, but it argues that they contain mistakes and that the Court should ignore them because the actual documents which created the transactions and the official filings are what control.Given the inconsistencies between Patheon's position (articulated in memoranda opposing Procaps' motion to substitute or join DPx as a defendant), the Undersigned concludes that one time-limited deposition might be helpful (but would not generate significant hardship to Patheon). Therefore, Procaps may take one four-hour deposition of a witness of its choosing, including a DPx director, officer or executive, to probe the limited issues arising from the less-than-clear record: whether there was a merger, whether DPx assumed liabilities, whether DPx issued any type of indemnification, whether any other entity assumed Patheon's liabilities (and, if so, in what amounts and at what levels) or issued any indemnity, the identity of "Newco," whether Patheon is a direct or indirect wholly-owned subsidiary of DPx (and, if it is indirectly owned, the names of the other entities in the ownership chain), why some of Patheon's documents identify DPx as "Newco," whether any prior deposition testimony on these issues was incorrect or is no longer valid, and the cross-designation of executives between DPx and Patheon and whether DPx and Patheon have any type of employee-sharing arrangement (and, if so, the details).Procaps may select a DPx officer, director, executive or employee for this deposition, but the choice will be Procaps' to make. The deposition will take place on or before July 14, 2015.In addition, Patheon shall advise the court in a written notice filed by July 2, 2015 when DSM is expected to complete the production of documents and ESI in connection with the subpoena issued in New Jersey (and the district court's rulings). Given the relationshp between Patheon and DSM (and the fact that Patheon's counsel attended discovery hearings involving enforcement of the subpoena served on DSM), the Court is expecting a substantively meaningful status report. A report saying "We don't know; go ask DSM," will likely not be deemed substantively meaningful. At the risk of stating the obvious, the one deposition which is being permitted here will be more significant if DSM fully produces all documents it is obligated to turn over before the deposition. Signed by Magistrate Judge Jonathan Goodman on 6/27/2015. (JG) (Entered: 06/27/2015)
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Request |
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| 775 |
Filed: 6/26/2015, Entered: None |
Reconsideration |
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Request |
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| 774 |
Filed: 6/26/2015, Entered: None |
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|
Notice of Supplemental Authority re 768 Order by Patheon Inc. (Brochin, Robert) (Entered: 06/26/2015)
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Request |
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| 773 |
Filed: 6/26/2015, Entered: None |
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|
NOTICE of Compliance Regarding Cases Supporting Discovery by Procaps S.A. re 768 Order (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Carlos, Natalie) (Entered: 06/26/2015)
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Request |
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| 772 |
Filed: 6/25/2015, Entered: None |
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|
ENDORSED ORDER granting 770 Patheon's Motion to Seal pursuant to the 86 Protective Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 6/25/2015. (tr00) (Entered: 06/25/2015)
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Request |
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| 771 |
Filed: 6/25/2015, Entered: None |
|
|
NOTICE of Compliance by Procaps S.A. re 768 Order (Attachments: # 1 Exhibit Agroskin Deposition Excerpt, # 2 Exhibit Agroskin Deposition Exhibit, # 3 Exhibit Mullen Deposition Excerpt) (Carlos, Natalie) (Entered: 06/25/2015)
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Request |
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|
|
| 770 |
Filed: 6/25/2015, Entered: None |
Motion to Seal |
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|
Request |
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| 769 |
Filed: 6/24/2015, Entered: None |
|
|
NOTICE of Compliance by Patheon Inc. (Brochin, Robert) (Entered: 06/24/2015)
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Request |
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| 768 |
Filed: 6/24/2015, Entered: None |
Order |
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|
Request |
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| 767 |
Filed: 6/24/2015, Entered: None |
|
|
ENDORSED ORDER granting 766 Patheon's Motion to Seal pursuant to the 86 protective order and Local Rule 5.4. Further, Patheon shall, by end of business today, hand deliver a courtesy copy of the disc to Chambers. Signed by Magistrate Judge Jonathan Goodman on 6/24/2015. (tr00) (Entered: 06/24/2015)
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Request |
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|
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| 766 |
Filed: 6/19/2015, Entered: None |
Motion to Seal |
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|
Request |
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|
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| 765 |
Filed: 6/19/2015, Entered: None |
|
|
RESPONSE to Motion re 726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join /Sur-Reply filed by Patheon Inc.. Replies due by 6/29/2015. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Brochin, Robert) (Entered: 06/19/2015)
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|
Request |
|
|
|
| 764 |
Filed: 6/19/2015, Entered: None |
|
|
ENDORSED ORDER granting in part 760 Patheon's Motion to strike or in the alternative file a sur-reply. Specifically, the motion to strike portions of Procaps' reply is denied, but Patheon's request to file a sur-reply is granted. The sur-reply must be limited to two double-spaced pages (excluding signature block and certificate of service), must be limited to the argument that DPx Holdings B.V. purportedly agreed to assume all of Patheon's liabilities, and must be filed separately today, 6/19/2015.No further briefing concerning the 726 motion to substitute or join DPx Holdings B.V., including motions to submit more memoranda, is permitted. If Procaps has any additional exhibits it intends to rely upon at the hearing, then those must be filed by today. The Court will not at the hearing (or in any other way connected with Procaps' motion to substitute party or join DPx as a party, ECF No. 726) consider any motions, memoranda, documents, exhibits, arguments, points, themes, positions, contentions or other persuasion-oriented materials which have not been filed by today. Signed by Magistrate Judge Jonathan Goodman on 6/19/2015. (tr00) (Entered: 06/19/2015)
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|
Request |
|
|
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| 763 |
Filed: 6/19/2015, Entered: None |
|
|
REPLY in Support re 738 Defendant's MOTION to Compel Production of Documents on Plaintiff's Personal Information Log and MOTION to Expedite Briefing and Ruling filed by Patheon Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Brochin, Robert) Modified title text on 6/19/2015 (asl). (Entered: 06/19/2015)
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|
Request |
|
|
|
| 762 |
Filed: 6/19/2015, Entered: None |
|
|
Clerks Notice to Filer re 760 MOTION to Strike Portions of Reply, or in the Alternative, Motion for Leave to File Sur-Reply. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (asl) (Entered: 06/19/2015)
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|
Request |
|
|
|
| 761 |
Filed: 6/19/2015, Entered: None |
|
|
NOTICE by Patheon Inc. of Filing Documents that it Intends to Rely on at June 22, 2015 Hearing (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Brochin, Robert) (Entered: 06/19/2015)
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|
Request |
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|
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| 760 |
Filed: 6/19/2015, Entered: None |
Leave to File Document |
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|
Request |
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|
|
 759 |
Filed: 6/18/2015, Entered: None |
|
|
ENDORSED ORDER re 745 Patheon's Motion to Seal. Having reviewed the requested memorandum from Procaps [ECF No. 754 ] concerning the 745 Motion to Seal, the Undersigned ORDERS that Exhibit 1 to ECF No. 745 (a/k/a Exhibit 6 to ECF No. 744 ) be filed under seal. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00) (Entered: 06/18/2015)
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| 758 |
Filed: 6/18/2015, Entered: None |
|
|
ENDORSED ORDER granting 749 Procaps' Motion to Seal pursuant to the 86 Protective Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00) (Entered: 06/18/2015)
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|
Request |
|
|
|
| 757 |
Filed: 6/18/2015, Entered: None |
|
|
ENDORSED ORDER granting 739 Patheon's Motion to Seal pursuant to the 86 Protective Order and Local Rule 5.4. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00) (Entered: 06/18/2015)
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|
Request |
|
|
|
| 756 |
Filed: 6/18/2015, Entered: None |
|
|
ENDORSED ORDER granting 755 Unopposed Motion to Withdraw as Attorney. Attorney Mac Richard McCoy is terminated from this case. Signed by Magistrate Judge Jonathan Goodman on 6/18/2015. (tr00) (Entered: 06/18/2015)
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Request |
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|
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| 755 |
Filed: 6/18/2015, Entered: None |
Withdraw as Attorney |
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|
Request |
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| 754 |
Filed: 6/18/2015, Entered: None |
|
|
MEMORANDUM in Support re 746 Order on Motion to Seal,,, Procaps' Memorandum in Support of Filing Exhibit 6 of the Setec Deposition in Redacted Form by Procaps S.A.. (Rosenthal, Alan) (Entered: 06/18/2015)
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|
Request |
|
|
|
| 753 |
Filed: 6/17/2015, Entered: None |
|
|
ENDORSED ORDER granting 751 Patheon's Motion to allow non-participating attorneys to access next week's in-person hearing by phone. Counsel shall phone in to the chambers conference call number with the protocol previously provided. Signed by Magistrate Judge Jonathan Goodman on 6/17/2015. (JG) (Entered: 06/17/2015)
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|
Request |
|
|
|
| 752 |
Filed: 6/17/2015, Entered: None |
|
|
RESPONSE in Opposition re 738 Defendant's MOTION to Compel Production of Documents on Plaintiff's Personal Information Log and MOTION to Expedite Briefing and Ruling filed by Procaps S.A.. Replies due by 6/29/2015. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Carlos, Natalie) (Entered: 06/17/2015)
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|
Request |
|
|
|
| 751 |
Filed: 6/17/2015, Entered: None |
Miscellaneous Relief |
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|
|
Request |
|
|
|
| 750 |
Filed: 6/17/2015, Entered: None |
|
|
ENDORSED ORDER setting an in person hearing re 726 Plaintiff's Motion to Substitute Party or to Join DPx Holdings B.V. as a Defendant for 6/22/2015 at 05:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Given the number of attorneys actively involved in this case for all parties, the Court will not reschedule the hearing on grounds of a scheduling conflict absent extremely compelling circumstances bordering on a genuine emergency. Signed by Magistrate Judge Jonathan Goodman on 6/17/2015. (tr00) (Entered: 06/17/2015)
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Request |
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|
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| 749 |
Filed: 6/17/2015, Entered: None |
Motion to Seal |
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|
|
Request |
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|
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| 749 |
Filed: 6/16/2015, Entered: None |
|
|
MOTION to Seal Documents on Procaps' Personal Information Log for In Camera Review by The Court by Procaps S.A. (Attachments: # 1 Supplemental Attachment(s) for Sealed CD)(nc) (Entered: 06/17/2015)
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|
Request |
|
|
|
| 748 |
Filed: 6/16/2015, Entered: None |
|
|
NOTICE by Procaps S.A. re 742 Order,,,, OF FILING DOCUMENTS ON PROCAPS PERSONAL INFORMATION LOG UNDER SEAL PURSUANT TO ENDORSED ORDER [DE 742] (Rosenthal, Alan) (Entered: 06/16/2015)
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|
Request |
|
|
|
| 747 |
Filed: 6/16/2015, Entered: None |
|
|
REPLY in Support re 726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Procaps S.A.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Carlos, Natalie) Modified title text on 6/17/2015 (asl). (Entered: 06/16/2015)
|
|
Request |
|
|
|
| 746 |
Filed: 6/16/2015, Entered: None |
|
|
ENDORSED ORDER granting in part and denying in part 745 Patheon's Motion to Seal. Exhibit 1 (a/k/a Exhibit 6 to ECF No. 744) does not appear to contain anything so confidential that it justifies an under-seal filing, especially one which the Court may consider in connection with pending motions. If Procaps wants Exhibit 1 to Patheon's motion to be filed under seal, then it must demonstrate the need in a double-spaced memorandum not to exceed 2 pages, filed by June 18, 2015. If no memorandum is filed, or if the Undersigned is not convinced of the need to seal Exhibit 1 after reviewing the submission, then the Court will direct the Court to unseal Exhibit 1. But Exhibit 2 (a/k/a Exhibit 17 to ECF No. 744) may be filed under seal, so the motion is granted, in part, as to that exhibit. No reply permitted. Signed by Magistrate Judge Jonathan Goodman on 6/16/2015. (tr00) (Entered: 06/16/2015)
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|
|
| 745 |
Filed: 6/16/2015, Entered: None |
Motion to Seal |
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|
|
Request |
|
|
|
| 745 |
Filed: 6/15/2015, Entered: None |
|
|
MOTION to File Under Seal by Patheon Inc. (nc) (Additional attachment(s) added on 6/16/2015: # 1 Exhibit 6, # 2 Exhibit 17) (nc). (Entered: 06/16/2015)
|
|
Request |
|
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| 744 |
Filed: 6/15/2015, Entered: None |
|
|
NOTICE by Patheon Inc. of Filing Deposition Transcript (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22) (Brochin, Robert) (Entered: 06/15/2015)
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|
Request |
|
|
|
| 743 |
Filed: 6/15/2015, Entered: None |
|
|
NOTICE by Patheon Inc. re Translations (Brochin, Robert) (Entered: 06/15/2015)
|
|
Request |
|
|
|
| 742 |
Filed: 6/14/2015, Entered: None |
|
|
ENDORSED ORDER re 738 briefing on under-seal submissions concerning Defendant's MOTION to Compel Production of Documents on Plaintiff's Personal Information Log and MOTION to Expedite Briefing and Ruling filed by Patheon Inc. Plaintiff Procaps shall by June 16, 2015 filed under seal all the documents it has tried to claw back (i.e., Exhibit 4 to Patheon's motion) and all documents on the private information log listed as having been written or received by unnamed persons at NPI (i.e., on Exhibit 3 to Patheon's motion). Procaps shall also by the same deadline deliver to chambers or send to the Court's efle inbox courtesy copies of the under-seal materials.In addition, Procaps shall by June 17, 2015 file a double-spaced response of not more than 5 pages, excluding signature block and certificate of service, to Patheon's motion. Patheon may file an optional two-page reply by June 19, 2015. Signed by Magistrate Judge Jonathan Goodman on 6/14/2015. (JG) (Entered: 06/14/2015)
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|
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|
|
|
| 741 |
Filed: 6/12/2015, Entered: None |
|
|
RESPONSE in Opposition re 726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join filed by Patheon Inc.. Replies due by 6/22/2015. (Attachments: # 1 Exhibit 1)(Brochin, Robert) (Entered: 06/12/2015)
|
|
Request |
|
|
|
| 740 |
Filed: 6/12/2015, Entered: None |
|
|
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert) (Entered: 06/12/2015)
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|
|
|
|
|
| 739 |
Filed: 6/12/2015, Entered: None |
Motion to Seal |
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|
|
Request |
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|
|
| 738 |
Filed: 6/12/2015, Entered: None |
Expedite |
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|
|
Request |
|
|
|
| 737 |
Filed: 6/11/2015, Entered: None |
|
|
ENDORSED ORDER denying 724 Plaintiff's Motion for Leave to Take Additional Depositions. The Court previously permitted Procaps to, in large part, change its theory of this antitrust case (from a per se claim to a rule of reason theory). In doing so, the Undersigned expressly noted that I would take steps to prevent Defendant Patheon from being unduly prejudiced. To accomplish this, the Undersigned prevented Procaps from taking additional discovery unless it demonstrated "extremely compelling circumstances."Procaps' motion does not satisfy the standard.The mere fact that newly-produced documents contain the word "Procaps" is not necessarily significant, and Procaps has not established reasons why the new documents create a compelling circumstance justifying additional depositions, let alone extremely compelling circumstances.To be sure, the Undersigned recently provided Patheon with the ability to take a limited number of additional depositions (but less than it requested). But this type of leeway does not necessarily require a tit-for-tat approach. Procaps is largely responsible for its situation. As Patheon explains (and as Procaps must surely acknowledge, at least privately), Procaps is fortunate that the Court adopted a flexible approach and permitted it to pursue a theory it disavowed, for all practical purposes. That flexibility meant that Patheon was saddled with a scenario where it agreed to forego discovery. The Undersigned has tried to ameliorate the prejudice by permitting Patheon to take rule of reason discovery, including additional depositions. But permitting Procaps to take additional depositions at this point, without the requisite showing, would tilt the scales back toward prejudice, and the Undersigned is unwilling to do that, especially now, a few months before the already-delayed trial is scheduled to begin. The Court denies the motion. However, the Undersigned understands that a third party, DSM, produced the documents only recently, after extended motion practice in New Jersey federal court, and that Procaps may want to use some or all the documents at trial or for other purposes, such as summary judgment litigation. To the extent that Procaps needs the documents to be properly authenticated, it may take a records custodian deposition from DSM (and/or Patheon, if it involves documents from Patheon's "data room") to establish the necessary evidentiary foundation for the documents it might seek to use. If there is a need for such a limited-purpose deposition (or depositions), then Procaps may take a deposition (or depositions) but may not ask substantive questions about the documents. Instead, it may ask only questions designed to address the business records exception to the hearsay rule and the authenticity issue. Alternatively, DSM and/or Patheon can obviate the need for this narrow deposition by providing an affidavit (or affidavits) from an appropriate records custodian (i.e., the affidavit[s] would eliminate the need for Procaps to establish that the documents are authentic copies of business records -- but Procaps would still need to demonstrate relevancy and other Federal Rule of Evidence 403 concerns). Signed by Magistrate Judge Jonathan Goodman on 6/11/2015. (JG) (Entered: 06/11/2015)
|
|
Request |
|
|
|
| 736 |
Filed: 6/11/2015, Entered: None |
|
|
STATUS REPORT Informal Status Report No. 10 by John M. Barkett (Barkett, John) (Entered: 06/11/2015)
|
|
Request |
|
|
|
| 735 |
Filed: 6/5/2015, Entered: None |
|
|
NOTICE by Procaps S.A. re 726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant MOTION to Adopt/Join of Serving DPx Holdings B.V. (Attachments: # 1 Exhibit) (Carlos, Natalie) (Entered: 06/05/2015)
|
|
Request |
|
|
|
| 734 |
Filed: 6/5/2015, Entered: None |
|
|
ENDORSED ORDER granting in part and denying in part 732 Defendant Patheon's Motion for Extension of Time to File a Response to Plaintiff Procaps' motion to substitute party or to join DPx Holdings B.V. as a Defendant. The Court will grant a modest extension, but not as long as requested. Patheon shall file its response by June 12, 2015, and Procaps, assuming it files an optional reply (a virtual certainty, given the history of this litigation), must file the reply by June 16, 2015.By granting, in part, Patheon's motion, the Undersigned is not ruling that DPx in fact has a substantive right to file a response (and presumably object) to the motion. If DPx intends to file a substantive response to the motion, then it must file a motion seeking leave to intervene and to file a response. To be sure, DPx would have the right to file substantive responses (such as a motion to dismiss, motion to quash, etc.) if the Court were to grant the motion and permit DPx to be added as a named defendant (or substituted for Patheon). But that is quite different than an objection to being substituted into a case or being added to a case before the actual substitution or addition occurs (if at all). The Court has not granted the motion (or otherwise ruled on it) and DPx is not yet a party (and may never be a party).Having the right to be served and to receive notice of Procaps' motion is not necessarily and automaticallly the same as having the right to substantively object to a motion for substitution or for the addition of parties. The case Patheon cited does stand for the proposition that a party has the right to notice and an opportunity to be heard before being deprived of a property interest, but the possiblility of being substituted into a case as a party defendant may not equate to a deprivation of property. Although the scenario is not precisely identical, does a defendant have a right to be heard before being sued? In any event, the Undersigned has not reached any conclusions either way about whether DPx may now object to the proposed substitution or addition after receiving notice, but I wanted to flag the issue so that no party (or putative party) misconstrued the extension of time as some sort of ruling or implicit evidence of a ruling on that issue. Signed by Magistrate Judge Jonathan Goodman on 6/5/2015. (JG) (Entered: 06/05/2015)
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Request |
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| 733 |
Filed: 6/5/2015, Entered: None |
|
|
ENDORSED ORDER denying 728 Procaps' Motion to Seal. The documents do not appear, by the brief descriptions provided, to be privileged. Because the parties are now asking me to make a substantive ruling (i.e., whether to substitute or add a party) based, in part, on these documents, the public may have an interest in the documents. The documents are no longer being shared purely in discovery; they are now being filed with the Court. Procaps filed the motion because DSM/DPP has designated them as confidential. If DSM/DPP want the documents to be filed under seal, then they must demonstrate the reasons to me. They will have until June 10, 2015 to submit a memorandum on this issue. Otherwise, if they do not file anything or if their presentation is not convincing, then I will allow the documents to be publicly filed (i.e., not under seal). Signed by Magistrate Judge Jonathan Goodman on 6/5/2015. (tr00) (Entered: 06/05/2015)
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| 732 |
Filed: 6/5/2015, Entered: None |
Extension of Time to File Response/Reply/Answer |
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Request |
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| 731 |
Filed: 6/4/2015, Entered: None |
Order on Motion for Miscellaneous Relief |
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Request |
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|
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| 730 |
Filed: 6/4/2015, Entered: None |
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|
RESPONSE in Opposition re 724 Plaintiff's MOTION for Leave to Take Additional Depositions Based on Newly-Produced, and To-Be-Produced Patheon Data Room Documents filed by Patheon Inc.. Replies due by 6/15/2015. (Attachments: # 1 Exhibit 1)(Brochin, Robert) (Entered: 06/04/2015)
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Request |
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| 729 |
Filed: 6/4/2015, Entered: None |
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|
ENDORSED ORDER re 726 Procaps' Motion to Substitute Party or to Join DPx Holdings B.V. as a Defendant. Patheon shall, by 6/9/2015, file a response of no more than 10 double-spaced pages, excluding signature block and certificate of service. Procaps may, by 6/12/2015, file a reply of no more than 5 double-spaced pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 6/4/2015. (tr00) (Entered: 06/04/2015)
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Request |
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| 728 |
Filed: 6/3/2015, Entered: None |
Motion to Seal |
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Request |
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| 727 |
Filed: 6/3/2015, Entered: None |
|
|
Clerks Notice to Filer re 726 Plaintiff's MOTION to Substitute Party or to Join DPx Holdings B.V. as a Defendant. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (asl) (Entered: 06/03/2015)
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Request |
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| 726 |
Filed: 6/2/2015, Entered: None |
Substitute Party |
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Request |
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| 725 |
Filed: 6/1/2015, Entered: None |
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|
ENDORSED ORDER re 724 Procaps' Motion for Leave to Take Additional Depositions. Patheon shall, by 6/4/2015, file a response of no more than 4 double-spaced pages, excluding signature block and certificate of service. No reply permitted absent specific leave of Court. Signed by Magistrate Judge Jonathan Goodman on 6/1/2015. (tr00) (Entered: 06/01/2015)
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Request |
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| 724 |
Filed: 6/1/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 723 |
Filed: 5/29/2015, Entered: None |
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ENDORSED ORDER denying 721 Procaps' Motion to Strike (or for leave to file a reply). The parties are urged to go at least 48 hours without filing something further about the motion to cancel the mediation. Signed by Magistrate Judge Jonathan Goodman on 5/29/2015. (JG) (Entered: 05/29/2015)
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Request |
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| 722 |
Filed: 5/29/2015, Entered: None |
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|
RESPONSE in Opposition re 721 Plaintiff's MOTION to Strike 719 Response to Motion (or, in the Alternative, to File a Reply) filed by Patheon Inc.. Replies due by 6/8/2015. (Attachments: # 1 Exhibit 1)(Brochin, Robert) (Entered: 05/29/2015)
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Request |
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| 721 |
Filed: 5/28/2015, Entered: None |
Strike |
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Request |
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| 720 |
Filed: 5/28/2015, Entered: None |
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|
ENDORSED ORDER granting 718 Motion to Replace Exhibit to [ECF No. 717 ]. The Clerk's Office is instructed to strike and restrict Exhibit 1 [ECF No. 717-1] to Docket Entry 717 . To view Exhibit 1 to ECF No. 717 , all parties are directed to Exhibit 1 [ECF No. 718-1] attached to Docket Entry 718 . Signed by Magistrate Judge Jonathan Goodman on 5/28/2015. (tr00) (Entered: 05/28/2015)
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Request |
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| 719 |
Filed: 5/28/2015, Entered: None |
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|
RESPONSE to Motion re 718 MOTION to replace Exhibit to DE 717 re 717 Response in Opposition to Motion filed by Patheon Inc.. Replies due by 6/8/2015. (Attachments: # 1 Exhibit 1 - E-Mail)(Brochin, Robert) (Entered: 05/28/2015)
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Request |
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| 718 |
Filed: 5/27/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 717 |
Filed: 5/27/2015, Entered: None |
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|
RESPONSE in Opposition re 715 Defendant's MOTION for an Order Canceling the Mediation filed by Procaps S.A.. Replies due by 6/8/2015. (Attachments: # 1 Exhibit, # 2 Exhibit (Redacted))(Carlos, Natalie) (Entered: 05/27/2015)
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Request |
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| 716 |
Filed: 5/27/2015, Entered: None |
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|
ENDORSED ORDER re 715 Defendant's MOTION for an Order Canceling the Mediation filed by Patheon Inc. Plaintiff Procaps shall file a response by the deadline established by local rule. Defendant Patheon may not file a reply absent specific authority from the Court. Signed by Magistrate Judge Jonathan Goodman on 5/27/2015. (JG) (Entered: 05/27/2015)
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Request |
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| 715 |
Filed: 5/21/2015, Entered: None |
Miscellaneous Relief |
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Request |
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| 714 |
Filed: 5/15/2015, Entered: None |
|
|
ENDORSED ORDER granting 711 Unopposed Motion to Reset Dates for Disclosure of Plaintiff's Equitable Claims and Related Briefs. Procaps shall file a notice advising Patheon and the Court of the equitable claims it intends to file by 9/17/2015. The Court will hold a Telephonic Conference to discuss the length of bench briefs submitted on Procaps' equitable claims on 9/24/2015 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall submit their respective bench briefs on Procaps' equitable claims by 10/27/2015. Signed by Magistrate Judge Jonathan Goodman on 5/15/2015. (tr00) (Entered: 05/15/2015)
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Request |
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| 713 |
Filed: 5/13/2015, Entered: None |
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|
ENDORSED ORDER granting 712 Patheon's Motion for Clarification. The page limits for a summary judgment motion (and memorandum) are separate from the page limits for the statement of material facts. The page limits listed in paragraph 6 of Patheon's motion for clarification are correct. In addition, no party may file (or request to file) summary judgment papers exceeding the page limits outlined in paragraph 6 absent compelling circumstances, which the Court predicts are rare indeed. Signed by Magistrate Judge Jonathan Goodman on 5/13/2015. (JG) (Entered: 05/13/2015)
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Request |
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| 712 |
Filed: 5/13/2015, Entered: None |
Clarification |
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Request |
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| 711 |
Filed: 5/13/2015, Entered: None |
Miscellaneous Relief |
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|
Request |
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| 710 |
Filed: 5/12/2015, Entered: None |
Order |
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|
Request |
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| 709 |
Filed: 5/6/2015, Entered: None |
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|
RESPONSE in Opposition re 699 Defendant's MOTION for Order to Show Cause on Plaintiff's Failure to Comply with Discovery Order filed by Procaps S.A.. Replies due by 5/18/2015. (Attachments: # 1 Exhibit 1 - Notice, # 2 Exhibit 2 - Preliminary Statement)(Coutroulis, Chris) (Entered: 05/06/2015)
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Request |
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| 708 |
Filed: 5/5/2015, Entered: None |
Order on Motion for Discovery |
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Request |
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| 707 |
Filed: 5/1/2015, Entered: None |
|
|
RESPONSE in Opposition re 690 Defendant's MOTION for Discovery (for Leave to Take Depositions) filed by Procaps S.A.. Replies due by 5/11/2015. (Attachments: # 1 Exhibit, # 2 Exhibit)(Carlos, Natalie) (Entered: 05/01/2015)
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|
Request |
|
|
|
| 706 |
Filed: 4/30/2015, Entered: None |
|
|
ENDORSED ORDER granting 704 Patheon's Motion to File Under Seal pursuant to Local Rule 5.4 and the Protective Order [ECF. No. 86]. Signed by Magistrate Judge Jonathan Goodman on 4/30/2015. (tr00) (Entered: 04/30/2015)
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Request |
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|
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| 705 |
Filed: 4/30/2015, Entered: None |
|
|
MEMORANDUM in Support of 704 MOTION to File Under Seal by Patheon Inc. (ra) (Entered: 04/30/2015)
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Request |
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|
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| 704 |
Filed: 4/30/2015, Entered: None |
Motion to Seal |
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|
Request |
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|
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| 703 |
Filed: 4/30/2015, Entered: None |
|
|
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Conference held on 4/30/2015. (Digital 14:01:24.) (mso) (Entered: 04/30/2015)
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|
Request |
|
|
|
| 702 |
Filed: 4/30/2015, Entered: None |
|
|
ENDORSED ORDER re 699 Patheon's Motion for Order to Show Cause on Plaintiff's Failure to Comply with Discovery Order. As noted at the April 30, 2015 hearing, Procaps shall, by May 6, 2015, file a response of no more than three double-spaced pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 4/30/2015. (tr00) (Entered: 04/30/2015)
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Request |
|
|
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| 701 |
Filed: 4/30/2015, Entered: None |
|
|
ENDORSED ORDER granting 696 Procaps' Motion for Reconsideration and rescinding 692 the Court's Order requiring the submission of documents for in camera inspection, because Patheon announced, at the hearing held on April 30, 2015, that it was no longer going to submit the subject documents given the Court's ruling at that hearing concerning additional requirements for submission. Signed by Magistrate Judge Jonathan Goodman on 4/30/2015. (tr00) (Entered: 04/30/2015)
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Request |
|
|
|
| 700 |
Filed: 4/30/2015, Entered: None |
|
|
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert) (Entered: 04/30/2015)
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|
|
| 699 |
Filed: 4/30/2015, Entered: None |
Show Cause |
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|
Request |
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|
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| 698 |
Filed: 4/29/2015, Entered: None |
|
|
ENDORSED ORDER setting Telephonic Hearing on Procaps' 696 Motion for Reconsideration for 4/30/2015 at 02:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman.Counsel shall contact the Court at 1:55 PM by: 1. Dialing 1-888-684-8852; 2. Entering Access Code Number 8004594, followed by the # sign; and 3. Entering Security Code Number 1213 followed by the # sign. No cellular telephone use is permitted.Furthermore, no additional written submissions concerning Procaps' 696 Motion for Reconsideration may be filed. Signed by Magistrate Judge Jonathan Goodman on 4/29/2015. (tr00) (Entered: 04/29/2015)
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Request |
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|
|
| Save 25% on a pre-paid one year subscription. |
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| 697 |
Filed: 4/29/2015, Entered: None |
|
|
ENDORSED ORDER granting in part the 695 Agreed Motion for Extension of Time to Complete Discovery. The parties have until June 10, 2015 to complete the deposition of Setec pursuant to the guidelines established in ECF No. 689 . However, the parties should note that the Court much prefers for the deposition to occur on June 3, rather than June 10. If the deposition is taken on June 3, then the transcript shall be filed by June 10, and if it is taken on June 10, then the transcript shall be filed by June 15. Signed by Magistrate Judge Jonathan Goodman on 4/29/2015. (tr00) (Entered: 04/29/2015)
|
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Request |
|
|
|
| 696 |
Filed: 4/29/2015, Entered: None |
Reconsideration |
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|
Request |
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|
|
| 695 |
Filed: 4/29/2015, Entered: None |
Extension of Time to Complete Discovery |
|
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|
Request |
|
|
|
| 694 |
Filed: 4/29/2015, Entered: None |
|
|
ENDORSED ORDER granting 693 Motion for Clarification. The English translation and translators' certificates do not count towards the total page count. Signed by Magistrate Judge Jonathan Goodman on 4/29/2015. (tr00) (Entered: 04/29/2015)
|
|
Request |
|
|
|
| 693 |
Filed: 4/28/2015, Entered: None |
Clarification |
|
|
|
Request |
|
|
|
| 692 |
Filed: 4/28/2015, Entered: None |
|
|
ENDORSED ORDER regarding Patheon's motion for discovery [ECF No. 690]. On page 3 of that motion, Patheon advised that it did not want to reveal its work product by responding to Procaps' request that it define the scope of the proposed depositions. Likewise, it explained that it did not want to now reveal to Procaps the specific documents from Procaps' recent production about which Patheon intends to question the deposition witnesses (assuming the Court were to permit the depositions). Patheon also offered to submit under seal (for in camera inspection) a sample of the recently produced relevant documents. The Undersigned is taking up this offer. Patheon shall by noon on May 1, 2015 submit under seal a sample of 20 recently produced documents. Patheon has the discretion to choose whatever documents it deems relevant, but there is a limitation: the under-seal submission may not exceed 100 pages. If Patheon needs to submit less than 20 documents in order to comply with this page limit, then it shall make appropriate adjustments and submit fewer than 20 documents. Signed by Magistrate Judge Jonathan Goodman on 4/28/2015. (JG) (Entered: 04/28/2015)
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|
Request |
|
|
|
| 691 |
Filed: 4/27/2015, Entered: None |
|
|
ENDORSED ORDER re 690 Patheon's Motion for Leave to Take Depositions. Procaps shall, by May 1, 2015, file a response of no more than 4 double-spaced pages, excluding signature block and certificate of service. No reply permitted absent further court order. Signed by Magistrate Judge Jonathan Goodman on 4/27/2015. (tr00) (Entered: 04/27/2015)
|
|
Request |
|
|
|
| 690 |
Filed: 4/27/2015, Entered: None |
Discovery |
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|
|
Request |
|
|
|
| 689 |
Filed: 4/24/2015, Entered: None |
Order on Motion for Miscellaneous Relief |
|
|
|
Request |
|
|
|
| 688 |
Filed: 4/20/2015, Entered: None |
|
|
ENDORSED ORDER denying 684 Procaps' Motion for Extension of Time. Procaps shall comply with ECF No. 678 and serve its supplemental responses to Patheon's interrogatories by 4/21/2015. Signed by Magistrate Judge Jonathan Goodman on 4/20/2015. (tr00) (Entered: 04/20/2015)
|
|
Request |
|
|
|
| 687 |
Filed: 4/20/2015, Entered: None |
|
|
RESPONSE in Opposition re 684 Plaintiff's MOTION for Extension of Time to Supplement Interrogatory Answers re 678 Order on Motion to Compel filed by Patheon Inc.. Replies due by 4/30/2015. (Brochin, Robert) (Entered: 04/20/2015)
|
|
Request |
|
|
|
| 686 |
Filed: 4/17/2015, Entered: None |
|
|
NOTICE by Patheon Inc. (Patheon's Notice of Authorities) (Attachments: # 1 Exhibit 1) (Brochin, Robert) (Entered: 04/17/2015)
|
|
Request |
|
|
|
| 685 |
Filed: 4/17/2015, Entered: None |
|
|
ENDORSED ORDER re 684 Plaintiff's Motion for Extension of Time. Patheon may file a response to the Motion, of no more than two, double-spaced pages, excluding signature block and certificate of service, by 5:00 PM on Monday, 4/20/2015. No reply permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 4/17/2015. (lpr) (Entered: 04/17/2015)
|
|
Request |
|
|
|
| 684 |
Filed: 4/17/2015, Entered: None |
extension of time |
|
|
|
Request |
|
|
|
| 683 |
Filed: 4/15/2015, Entered: None |
|
|
ENDORSED ORDER regarding additional authority. In its Motion for Leave to Depose the Court-Appointed Forensic Expert [ECF No. 673], Patheon represented (page 4) that "depositions of court-appointed experts who have prepared deleted items reports like the Report here are very common," (emphasis added). It then cited only two cases, one of which Procaps contends, in its opposition response [ECF No. 681], actually favors its position (that a deposition not be permitted). Procaps also argues that "it is untrue that depositions of court-appointed forensic experts preparing deleted file reports are 'very common.'" In light of Patheon's contention, Patheon shall by April 17, 2015 file a notice of authorities supporting the notion that the scenario at issue (i.e., depositions of court-appointed computer forensic experts on deleted file reports) is "very common." Patheon's notice shall include at least 8 such cases but shall not contain any argument. Instead, it shall list only the cases by name and citation, though it may include a one-sentence, objective, rhetoric-free summary of the relevant holdings. Signed by Magistrate Judge Jonathan Goodman on 04/15/2015. (JG) (Entered: 04/15/2015)
|
|
Request |
|
|
|
| 682 |
Filed: 4/15/2015, Entered: None |
Order on Motion for Miscellaneous Relief |
|
|
|
Request |
|
|
|
| 681 |
Filed: 4/14/2015, Entered: None |
|
|
RESPONSE in Opposition re 673 MOTION for Leave to Depose the Court-Appointed Forensic Expert filed by Procaps S.A.. Replies due by 4/24/2015. (Attachments: # 1 Exhibit)(Carlos, Natalie) (Entered: 04/14/2015)
|
|
Request |
|
|
|
| 680 |
Filed: 4/10/2015, Entered: None |
|
|
ENDORSED ORDER modifying the mediation requirement of the Trial Scheduling Order [ECF No. 655]. Based on Defendant Patheon's explanation of a joint venture in its Memorandum [ECF No. 679] opposing Plaintiff Procaps' Motion for In Camera Review of relevant Antitrust Document [ECF No. 668], the Court is now modifying paragraph 11(e) of the Trial Scheduling Order [ECF No. 655]. Specifically, DPX Holdings, B.V. (and not DSM Pharmaceutical Products, Inc.) is the additional entity which "must have an appropriate corporate representative attend the mediation." Representatives from "Royal DSM" and "DSM," as well as representatives from "JLL Partners" may attend the mediation, but the Court is not requiring them to appear. Signed by Magistrate Judge Jonathan Goodman on 4/10/2015. (JG) (Entered: 04/10/2015)
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|
Request |
|
|
|
| 679 |
Filed: 4/10/2015, Entered: None |
|
|
RESPONSE in Opposition re 668 Plaintiff's MOTION FOR IN CAMERA REVIEW OF RELEVANT ANTITRUST DOCUMENT FOR PRIVILEGE filed by Patheon Inc.. Replies due by 4/20/2015. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex 2, # 3 Exhibit Ex 3, # 4 Exhibit Ex 4, # 5 Exhibit Ex 5, # 6 Exhibit Ex 6, # 7 Exhibit Ex 7, # 8 Exhibit Ex 8, # 9 Exhibit Ex 9, # 10 Exhibit Ex 10)(Brochin, Robert) (Entered: 04/10/2015)
|
|
Request |
|
|
|
| 678 |
Filed: 4/10/2015, Entered: None |
Order on Motion to Compel |
|
|
|
Request |
|
|
|
| 677 |
Filed: 4/8/2015, Entered: None |
|
|
ENDORSED ORDER granting 671 Plaintiff's Motion to File Under Seal onfidential Documents Relating to Procaps' Motion for In Camera Review of Relevant Antitrust Document for Privilege. Signed by Magistrate Judge Jonathan Goodman on 4/8/2015. (tr00) (Entered: 04/08/2015)
|
|
Request |
|
|
|
| 676 |
Filed: 4/7/2015, Entered: None |
|
|
REPLY in Support re 662 Defendant's MOTION to Compel Interrogatory Responses and Memorandum in Support filed by Patheon Inc.. (Brochin, Robert) Modified title text on 4/7/2015 (asl). (Entered: 04/07/2015)
|
|
Request |
|
|
|
| 675 |
Filed: 4/7/2015, Entered: None |
|
|
NOTICE of Compliance by Patheon Inc. re 674 Endorsed Order,,, (Attachments: # 1 Exhibit Ex. 1) (Brochin, Robert) (Entered: 04/07/2015)
|
|
Request |
|
|
|
| 674 |
Filed: 4/7/2015, Entered: None |
|
|
ENDORSED ORDER re 673 Patheon's Motion for Leave to Depose the Court-Appointed Forensic Expert, Setec. Because Setec is not on the CM/ECF list of parties and attorneys who receive notice of filings, Patheon shall, by the end of business today -- April 7, 2015 -- forward by email a copy of its Motion for Leave to Depose the Court-Appointed Forensic Expert [ECF No. 673] to the two primary Setec employees involved in the ESI search project. Procaps shall file a response (of no more than five double-spaced pages, excluding certificate of service and signature block) to the motion by April 14, 2015. Setec may file an optional response by April 17, 2015. Because Setec is a corporation, it may not file its own pro se response; it must appear through counsel. Setec's optional response, if filed, shall be longer than five double-spaced pages (excluding signature block and certificate of service). Signed by Magistrate Judge Jonathan Goodman on 4/7/2015. (tr00) (Entered: 04/07/2015)
|
|
Request |
|
|
|
| 673 |
Filed: 4/6/2015, Entered: None |
Miscellaneous Relief |
|
|
|
Request |
|
|
|
| 672 |
Filed: 4/3/2015, Entered: None |
|
|
Clerk's Notice of Filing Deficiency Re: 671 MOTION to Seal. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (nc) (Entered: 04/06/2015)
|
|
Request |
|
|
|
| 671 |
Filed: 4/6/2015, Entered: None |
Motion to Seal |
|
|
|
Request |
|
|
|
| 671 |
Filed: 4/3/2015, Entered: None |
|
|
MOTION to File Under Seal Confidential Documents Relating to Procaps' Motion for In Camera Review of Relevant Antitrust Document for Privilege by Procaps S.A. (nc) (Additional attachment(s) added on 4/6/2015: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 6, # 6 Exhibit 8) (nc). (Entered: 04/06/2015)
|
|
Request |
|
|
|
| 670 |
Filed: 4/3/2015, Entered: None |
|
|
ENDORSED ORDER re 668 Procaps Motion for In Camera Review of Relevant Antitrust Document for Privilege. Patheon shall file a response of no more than 3 double-spaced pages, excluding signature block and certificate of service, by 4/10/2015. No reply permitted absent court order. Signed by Magistrate Judge Jonathan Goodman on 4/3/2015. (tr00) (Entered: 04/03/2015)
|
|
Request |
|
|
|
| 669 |
Filed: 4/3/2015, Entered: None |
|
|
RESPONSE in Opposition re 662 Defendant's MOTION to Compel Interrogatory Responses and Memorandum in Support filed by Procaps S.A.. Replies due by 4/13/2015. (Rosenthal, Alan) (Entered: 04/03/2015)
|
|
Request |
|
|
|
| 668 |
Filed: 4/3/2015, Entered: None |
Miscellaneous Relief |
|
|
|
Request |
|
|
|
| 667 |
Filed: 4/3/2015, Entered: None |
|
|
STATUS REPORT Informal Status Report #9 (Corrected) by John M. Barkett (Barkett, John) (Entered: 04/03/2015)
|
|
Request |
|
|
|
| 666 |
Filed: 4/2/2015, Entered: None |
|
|
STATUS REPORT Informal Status Report #9 by John M. Barkett (Barkett, John) (Entered: 04/02/2015)
|
|
Request |
|
|
|
| 665 |
Filed: 3/30/2015, Entered: None |
|
|
ENDORSED ORDER re 662 Patheon's Motion to Compel Interrogatory Responses. Procaps shall, by April 3, 2015, file its response of no more than five (5) double-spaced pages, excluding signature block and certificate of service. Patheon may, by April 7, 2015, file an optional reply of no more than three (3) double-spaced pages, excluding signature block and certificate of service. Signed by Magistrate Judge Jonathan Goodman on 3/30/2015. (tr00) (Entered: 03/30/2015)
|
|
Request |
|
|
|
| 664 |
Filed: 3/30/2015, Entered: None |
|
|
ENDORSED ORDER granting 660 Motion to Seal. Signed by Magistrate Judge Jonathan Goodman on 3/30/2015. (tr00) (Entered: 03/30/2015)
|
|
Request |
|
|
|
| 663 |
Filed: 3/30/2015, Entered: None |
|
|
NOTICE by Patheon Inc. of Filing Material to be Filed Under Seal (Brochin, Robert) (Entered: 03/30/2015)
|
|
|
|
|
|
| 662 |
Filed: 3/30/2015, Entered: None |
Compel |
|
|
|
Request |
|
|
|
| 660 |
Filed: 3/30/2015, Entered: None |
Motion to Seal |
|
|
|
Request |
|
|
|
| 659 |
Filed: 3/30/2015, Entered: None |
|
|
ENDORSED ORDER granting 657 Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing; and granting 658 Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Magistrate Judge Jonathan Goodman on 3/30/2015. (tr00) (Entered: 03/30/2015)
|
|
Request |
|
|
|
| 658 |
Filed: 3/30/2015, Entered: None |
Motion to Appear Pro Hac Vice |
|
|
|
Request |
|
|
|
| 658 |
Filed: 3/27/2015, Entered: None |
|
|
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael B. Miller. Filing Fee $ 75.00. Receipt # 97304. (ksa) (Entered: 03/30/2015)
|
|
Request |
|
|
|
| 657 |
Filed: 3/30/2015, Entered: None |
Motion to Appear Pro Hac Vice |
|
|
|
Request |
|
|
|
| 657 |
Filed: 3/27/2015, Entered: None |
|
|
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Karen L. Hagberg. Filing Fee $ 75.00. Receipt # 97303. (ksa) (Entered: 03/30/2015)
|
|
Request |
|
|
|
| 656 |
Filed: 3/6/2015, Entered: None |
|
|
TRANSCRIPT of Telephonic Discovery Conference Hearing held on 3/2/2015 before Magistrate Judge Jonathan Goodman, 1-31 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/30/2015. Redacted Transcript Deadline set for 4/9/2015. Release of Transcript Restriction set for 6/8/2015. (Attachments: # 1 Designation)(mc) (Entered: 03/06/2015)
|
|
Request |
|
|
|
| 655 |
Filed: 3/3/2015, Entered: None |
Order |
|
|
|
Request |
|
|
|
| 654 |
Filed: 3/2/2015, Entered: None |
|
|
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Trial Scheduling Conference held on 3/2/2015. Trial to begin on 11/16/2015. A written Trial Scheduling Order to be issued. (Digital 15:02:29.) (mso) (Entered: 03/02/2015)
|
|
Request |
|
|
|
| 653 |
Filed: 2/26/2015, Entered: None |
|
|
NOTICE by Procaps S.A. re 652 Notice (Other) by Patheon of Filing Correspondence from the District of New Jersey (Carlos, Natalie) (Entered: 02/26/2015)
|
|
Request |
|
|
|
| 652 |
Filed: 2/26/2015, Entered: None |
|
|
NOTICE by Patheon Inc. of Filing Correspondence from the District of New Jersey (Attachments: # 1 Exhibit 1) (Brochin, Robert) (Entered: 02/26/2015)
|
|
Request |
|
|
|
| 651 |
Filed: 2/25/2015, Entered: None |
|
|
STATUS REPORT Informal Status Report #8 (Corrected) by John M. Barkett (Barkett, John) (Entered: 02/25/2015)
|
|
Request |
|
|
|
| 650 |
Filed: 2/25/2015, Entered: None |
|
|
STATUS REPORT Informal Status Report #8 by John M. Barkett (Barkett, John) (Entered: 02/25/2015)
|
|
Request |
|
|
|
| 649 |
Filed: 2/24/2015, Entered: None |
|
|
ENDORSED ORDER setting Telephonic Trial Scheduling Conference for 3/2/2015 at 03:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Counsel shall have their calendars with them and shall have discussed trial dates in late 2015 with their clients. The Court fully intends to schedule the trial in this case in 2015 and intends to issue a trial scheduling order in the next week. The trial scheduling order will include deadlines for all significant events, including any new summary judgment motions based on new evidence and mediation.The parties shall abide by the following call-in procedure: Plaintiff's counsel will arrange and place the call in to Chambers at 305-523-5720 with all other counsel already on the line shortly before the hearing time. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 2/24/2015. (tr00) (Entered: 02/24/2015)
|
|
Request |
|
|
|
| 648 |
Filed: 2/20/2015, Entered: None |
Order on Motion for Discovery |
|
|
|
Request |
|
|
|
| 647 |
Filed: 2/17/2015, Entered: None |
|
|
SUR-REPLY to 645 Endorsed Order,,,,, 641 Reply to Response to Motion, by Procaps S.A.. (Attachments: # 1 Exhibit Declaration of Alvaro Franco, # 2 Exhibit Deposition Excerpts of Ted Green, # 3 Exhibit Deposition Excerpts of Ruben Minski)(Carlos, Natalie) Modified title text on 2/18/2015 (asl). (Entered: 02/17/2015)
|
|
Request |
|
|
|
| 646 |
Filed: 2/12/2015, Entered: None |
|
|
ENDORSED ORDER re sur-reply 645 ordered by the Court on 2/9/2015. Because the original deadline falls on 2/16/2015, which is a federal holiday where the Court is closed, the sur-reply shall be due the following day, 2/17/2015. Signed by Magistrate Judge Jonathan Goodman on 2/12/2015. (tr00) (Entered: 02/12/2015)
|
|
Request |
|
|
|
| 645 |
Filed: 2/9/2015, Entered: None |
|
|
AMENDED ENDORSED ORDER granting in part Procaps' 643 Motion to strike the declaration of Michael J. Klisch or, in the alternative, for leave to file a sur-reply. There is no doubt that Mr. Klisch's affidavit was not permitted by the Court's order permitting a brief 3-page reply. A party cannot circumvent a page limitation by submitting a memorandum which facially complies with the page limitation but then attaches an argument-filled affidavit which, for all intents and purposes, serves as a supplemental memorandum. Unfortunately, the Undersigned already reviewed the affidavit and the exhibits by the time Procaps filed its motion to strike. Therefore, the Court grants Procaps its alternate request for relief -- the ability to file a sur-reply of up to 5 pages. In addition to filing a sur-reply, Procaps may attach exhibits if they are relevant to Mr. Klisch's affidavit or the exhibits he filed along with it. Procaps shall file the sur-reply by February 16, 2015. Counsel shall not use strategies and tactics designed to sidestep page limitations. Any further efforts to dodge page limitations or skirt other procedural rules will lead to sanctions, including attorney's fees. Signed by Magistrate Judge Jonathan Goodman on 2/9/2015. (tr00) (Entered: 02/09/2015)
|
|
Request |
|
|
|
| 644 |
Filed: 2/9/2015, Entered: None |
|
|
ENDORSED ORDER granting Procaps' 643 Motion to strike the declaration of Michael J. Klisch or, in the alternative, for leave to file a sur-reply. There is no doubt that Mr. Klisch's affidavit was not permitted by the Court's order permitting a brief 3-page reply. A party cannot circumvent a page limitation by submitting a memorandum which facially complies with the page limitation but then attaches an argument-filled affidavit which, for all intents and purposes, serves as a supplemental memorandum. Unfortunately, the Undersigned already reviewed the affidavit and the exhibits by the time Procaps filed its motion to strike. Therefore, the Court grants Procaps its alternate request for relief -- the ability to file a sur-reply of up to 5 pages. In addition to filing a sur-reply, Procaps may attach exhibits if they are relevant to Mr. Klisch's affidavit or the exhibits he filed along with it. Procaps shall file the sur-reply by February 16, 2015. Counsel shall not use strategies and tactics designed to sidestep page limitations. Any further efforts to dodge page limitations or skirt other procedural rules will lead to sanctions, including attorney's fees. Signed by Magistrate Judge Jonathan Goodman on 2/9/2015. (tr00) (Entered: 02/09/2015)
|
|
Request |
|
|
|
| 643 |
Filed: 2/9/2015, Entered: None |
Strike |
|
|
|
Request |
|
|
|
| 642 |
Filed: 2/3/2015, Entered: None |
|
|
STATUS REPORT Informal Status Report #7 by John M. Barkett (Barkett, John) (Entered: 02/03/2015)
|
|
Request |
|
|
|
| 641 |
Filed: 2/3/2015, Entered: None |
|
|
REPLY in Support re 635 MOTION for Discovery (Motion for Leave to Serve Additional Rule of Reason Discovery and Memorandum In Support) filed by Patheon Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Brochin, Robert) Modified title text on 2/3/2015 (asl). (Entered: 02/03/2015)
|
|
Request |
|
|
|
| 640 |
Filed: 1/27/2015, Entered: None |
|
|
ENDORSED ORDER re 635 Patheon's Motion for Leave to Serve Additional Rule of Reason Discovery. Patheon is authorized to file an optional Reply of up to three (3) double-spaced pages, excluding signature block and certificate of service, by 2/3/2015. Signed by Magistrate Judge Jonathan Goodman on 1/27/2015. (tr00) (Entered: 01/27/2015)
|
|
Request |
|
|
|
| 639 |
Filed: 1/26/2015, Entered: None |
|
|
RESPONSE in Opposition re 635 MOTION for Discovery (Motion for Leave to Serve Additional Rule of Reason Discovery and Memorandum In Support) filed by Procaps S.A.. Replies due by 2/5/2015. (Attachments: # 1 Exhibit Minski Deposition, # 2 Exhibit Minski Deposition)(Carlos, Natalie) (Entered: 01/26/2015)
|
|
Request |
|
|
|
| 638 |
Filed: 1/20/2015, Entered: None |
|
|
ENDORSED ORDER granting Plaintiff's 637 Motion for Extension of Time to File Response to Defendant's Motion for Discovery. Plaintiff shall file Response by Monday, January 26, 2015. Signed by Magistrate Judge Jonathan Goodman on 1/20/2015. (tr00) (Entered: 01/20/2015)
|
|
Request |
|
|
|
| 637 |
Filed: 1/20/2015, Entered: None |
extension of time |
|
|
|
Request |
|
|
|
| 636 |
Filed: 1/14/2015, Entered: None |
|
|
ENDORSED ORDER re 635 Defendant's Motion for Discovery. Plaintiff shall, by January 23, 2015, file a Response of no more than five (5) double-spaced pages, excluding signature block and certificate of service. No Reply permitted absent further Court Order. Signed by Magistrate Judge Jonathan Goodman on 1/14/2015. (tr00) (Entered: 01/14/2015)
|
|
Request |
|
|
|
| 635 |
Filed: 1/14/2015, Entered: None |
Discovery |
|
|
|
Request |
|
|
|
| 634 |
Filed: 12/30/2014, Entered: None |
Order on Motion to Adopt/Join |
|
|
|
Request |
|
|
|
| 633 |
Filed: 12/30/2014, Entered: None |
|
|
STATUS REPORT Informal Status Report #6 by John M. Barkett (Barkett, John) (Entered: 12/30/2014)
|
|
Request |
|
|
|
| 632 |
Filed: 12/15/2014, Entered: None |
|
|
RESPONSE/REPLY to 629 Notice (Other), Defendant's Opposition to Plaintiff's Objections to the Special Master's Report and Recommendation Denying Plaintiff's Motion for Forensic Examination by Patheon Inc.. (Brochin, Robert) (Entered: 12/15/2014)
|
|
Request |
|
|
|
| 631 |
Filed: 12/15/2014, Entered: None |
|
|
RESPONSE in Opposition re 630 MOTION to Adopt/Join 627 Report Regarding Special Master's Report and Recommendation to Deny Procaps' Motion for a Forensic Examination filed by Procaps S.A.. (Rosenthal, Alan) (Entered: 12/15/2014)
|
|
Request |
|
|
|
| 630 |
Filed: 12/8/2014, Entered: None |
Adopt/Join |
|
|
|
Request |
|
|
|
| 629 |
Filed: 12/8/2014, Entered: None |
|
|
NOTICE by Procaps S.A. re 627 Report Regarding Procaps' Objections to the Special Master's December 1, 2014 Report and Recommendation (Attachments: # 1 Exhibit 1 - Transcript of Hearing before Special Master dated 10-6-14) (Rosenthal, Alan) (Entered: 12/08/2014)
|
|
Request |
|
|
|
| 628 |
Filed: 12/4/2014, Entered: None |
Order |
|
|
|
Request |
|
|
|
| 627 |
Filed: 12/1/2014, Entered: None |
|
|
REPORT REGARDING Report and Recommendation to Deny Procaps' Motion for Forensic Examination by John M. Barkett (Barkett, John) (Entered: 12/01/2014)
|
|
Request |
|
|
|
| 626 |
Filed: 11/26/2014, Entered: None |
|
|
STATUS REPORT Interim Report No. 5 by John M. Barkett (Barkett, John) (Entered: 11/26/2014)
|
|
Request |
|
|
|
| 625 |
Filed: 11/24/2014, Entered: None |
|
|
NOTICE by Procaps S.A. of Compliance with Court Order (Coutroulis, Chris) (Entered: 11/24/2014)
|
|
Request |
|
|
|
| 624 |
Filed: 11/21/2014, Entered: None |
|
|
Joint NOTICE of Compliance by Procaps S.A. re 622 Order (Coutroulis, Chris) Modified title text on 11/21/2014 (asl). (Entered: 11/21/2014)
|
|
Request |
|
|
|
| 623 |
Filed: 11/17/2014, Entered: None |
|
|
TRANSCRIPT of Telephonic Discovery Hearing held on 11/13/2014 before Magistrate Judge Jonathan Goodman, 1-77 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/11/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/20/2015. (Attachments: # 1 Designation Access Form)(amb) (Entered: 11/17/2014)
|
|
Request |
|
|
|
| 622 |
Filed: 11/13/2014, Entered: None |
Order |
|
|
|
Request |
|
|
|
| 621 |
Filed: 11/13/2014, Entered: None |
|
|
Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 11/13/2014.(Digital 10:01:05.) (mso) (Entered: 11/13/2014)
|
|
Request |
|
|
|
| 620 |
Filed: 11/12/2014, Entered: None |
|
|
NOTICE by Procaps S.A. of Filing Supplemental Email Correspondence in Advance of Discovery Hearing (Attachments: # 1 Exhibit 1 - Supplemental Email) (Coutroulis, Chris) (Entered: 11/12/2014)
|
|
Request |
|
|
|
| 619 |
Filed: 11/12/2014, Entered: None |
|
|
NOTICE by Patheon Inc. of Filing Recent Emails in Advance of Discovery Hearing (Attachments: # 1 Exhibit 1) (Brochin, Robert) (Entered: 11/12/2014)
|
|
Request |
|
|
|
| 618 |
Filed: 11/6/2014, Entered: None |
|
|
STATUS REPORT Informal Status Report #4 by John M. Barkett (Barkett, John) (Entered: 11/06/2014)
|
|
Request |
|
|
|
| 617 |
Filed: 10/31/2014, Entered: None |
|
|
ENDORSED ORDER granting 615 Unopposed Motion to Continue Telephonic Discovery Hearing. Telephonic Discovery Hearing originally scheduled for 11/4/2014 shall now be set for 11/13/2014 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall still abide by the following call-in procedure: Plaintiff's counsel will arrange and place the call in to Chambers at 305-523-5720 with all other counsel already on the line shortly before the hearing time. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 10/31/2014. (tr00) (Entered: 10/31/2014)
|
|
Request |
|
|
|
| 616 |
Filed: 10/31/2014, Entered: None |
|
|
Clerks Notice to Filer re 615 Unopposed MOTION for Discovery Telephonic Hearing Rescheduling. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (asl) (Entered: 10/31/2014)
|
|
Request |
|
|
|
| 615 |
Filed: 10/31/2014, Entered: None |
Discovery |
|
|
|
Request |
|
|
|
| 614 |
Filed: 10/29/2014, Entered: None |
|
|
ENDORSED ORDER setting telephonic Discovery Hearing for 11/4/2014 at 02:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall abide by the following call-in procedure: Plaintiff's counsel will arrange and place the call in to Chambers at 305-523-5720 with all other counsel already on the line shortly before the hearing time. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 10/29/2014. (tr00) (Entered: 10/29/2014)
|
|
Request |
|
|
|
| 613 |
Filed: 10/28/2014, Entered: None |
|
|
NOTICE by Patheon Inc. of Discovery Dispute (Supplemental) (Attachments: # 1 Exhibit 1) (Brochin, Robert) (Entered: 10/28/2014)
|
|
Request |
|
|
|
| 612 |
Filed: 10/28/2014, Entered: None |
|
|
RESPONSE to 611 Notice (Other) Patheon's Unilateral Notice of Discovery Dispute by Procaps S.A.. (Attachments: # 1 Exhibit Email correspondence)(Carlos, Natalie) Modified title text on 10/29/2014 (asl). (Entered: 10/28/2014)
|
|
Request |
|
|
|
| 611 |
Filed: 10/28/2014, Entered: None |
|
|
NOTICE by Patheon Inc. of Discovery Dispute (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Brochin, Robert) (Entered: 10/28/2014)
|
|
Request |
|
|
|
| 610 |
Filed: 10/27/2014, Entered: None |
Amended Order |
|
|
|
Request |
|
|
|
| 609 |
Filed: 10/22/2014, Entered: None |
|
|
ENDORSED ORDER denying without prejudice 572 Plaintiff's Motion to Compel Mediation. The Court may order a second mediation -- but only after resolution of many, if not all, pending issues and projects, such as (1) Procaps' obligation to provide additional discovery following completion of the forensic analysis of its ESI, (2) Procaps' motion to compel a forensic analysis of Defendant Patheon's ESI, (3) Procaps' duty (as outlined in a recent order) to provide responses to the outstanding discovery requests it previously avoided by representing an intent to not proceed on anything other than a per se mode of analysis, and, (4) a possible defense summary judgment motion on Procaps' newly-focused rule of reason approach to its antitrust claims. Either party may file a motion for mediation after complying with Local Rule 7.1, but the Court strongly suggests that no motion be filed until at least most of the issues and events flagged above have been resolved or completed. Alternatively, the Court may well order a second mediation on its own, in the absence of a motion. The Undersigned believes that mediation is most effective when the timing is right -- and the Undersigned does not consider the present time to be the right time for a second mediation. Determining the right time for a mediation is more of an art than a science, but neither an artistic approach nor a scientific approach suggests that now is that time. Signed by Magistrate Judge Jonathan Goodman on 10/22/2014. (JG) (Entered: 10/22/2014)
|
|
Request |
|
|
|
| 608 |
Filed: 10/22/2014, Entered: None |
Order on Motion for Sanctions |
|
|
|
Request |
|
|
|
| 607 |
Filed: 10/20/2014, Entered: None |
Order on Motion for Leave to File |
|
|
|
Request |
|
|
|
| 606 |
Filed: 10/14/2014, Entered: None |
|
|
SUPPLEMENT to 585 Response/Reply (Other), 559 Plaintiff's MOTION to Compel Forensic Analysis of Patheon and Banner's ESI and Incorporated Memorandum by Procaps S.A. (Attachments: # 1 Exhibit October 6, 2014 Hearing Transcript, # 2 Exhibit Excerpts of Mullen Deposition Transcript, # 3 Exhibit Excerpts of Glass Deposition Transcript, # 4 Exhibit Excerpts of Lytton Deposition Transcript)(Carlos, Natalie) (Entered: 10/14/2014)
|
|
Request |
|
|
|
| 605 |
Filed: 10/14/2014, Entered: None |
|
|
STATUS REPORT Informal Status by John M. Barkett (Barkett, John) (Entered: 10/14/2014)
|
|
Request |
|
|
|
| 604 |
Filed: 10/14/2014, Entered: None |
|
|
SUPPLEMENT to 568 Response in Opposition to Motion, Plaintiff's Motion to Compel Forensic Analysis by Patheon Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Brochin, Robert) (Entered: 10/14/2014)
|
|
Request |
|
|
|
| 603 |
Filed: 10/2/2014, Entered: None |
Order on Motion to Compel |
|
|
|
Request |
|
|
|
| 602 |
Filed: 9/18/2014, Entered: None |
|
|
RESPONSE in Support re 581 MOTION for Judgment on the Pleadings MOTION for Leave to File filed by Patheon Inc.. (Brochin, Robert) (Entered: 09/18/2014)
|
|
Request |
|
|
|
| 601 |
Filed: 9/17/2014, Entered: None |
|
|
REPLY to Response to Motion re 592 Plaintiff's MOTION to Strike 587 Response in Opposition to Motion and for Sanctions against Patheon and its Counsel for Violating Mediation Rules of Confidentiality MOTION for Sanctions filed by Procaps S.A.. (Carlos, Natalie) (Entered: 09/17/2014)
|
|
Request |
|
|
|
| 600 |
Filed: 9/15/2014, Entered: None |
|
|
RESPONSE in Opposition re 584 Defendant's MOTION to Compel Production of Documents and Interrogatory Responses filed by Procaps S.A.. (Carlos, Natalie) (Entered: 09/15/2014)
|
|
Request |
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| 599 |
Filed: 9/15/2014, Entered: None |
|
|
RESPONSE in Opposition re 592 Plaintiff's MOTION to Strike 587 Response in Opposition to Motion and for Sanctions against Patheon and its Counsel for Violating Mediation Rules of Confidentiality MOTION for Sanctions filed by Patheon Inc.. (Brochin, Robert) (Entered: 09/15/2014)
|
|
Request |
|
|
|
| 598 |
Filed: 9/10/2014, Entered: None |
|
|
ENDORSED ORDER denying 597 Defendant's Motion for Leave to File Excess Pages in Response to Plaintiff's Motion to Strike and for Sanctions. Signed by Magistrate Judge Jonathan Goodman on 9/10/2014. (tr00) (Entered: 09/10/2014)
|
|
Request |
|
|
|
| 597 |
Filed: 9/9/2014, Entered: None |
File Excess Pages |
|
|
|
Request |
|
|
|
| 596 |
Filed: 9/9/2014, Entered: None |
|
|
Clerks Notice to Filer re 592 Plaintiff's MOTION to Strike 587 Response in Opposition to Motion and for Sanctions against Patheon and its Counsel for Violating Mediation Rules of Confidentiality. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tpl) (Entered: 09/09/2014)
|
|
Request |
|
|
|
| 595 |
Filed: 9/8/2014, Entered: None |
|
|
RESPONSE in Opposition re 581 MOTION for Judgment on the Pleadings MOTION for Leave to File filed by Procaps S.A.. (Coutroulis, Chris) (Entered: 09/08/2014)
|
|
Request |
|
|
|
| 594 |
Filed: 9/8/2014, Entered: None |
|
|
*Endorsed Order concerning 592 Plaintiff's Motion to Strike 587 Response in Opposition to Motion and for Sanctions against Patheon and its Counsel for Violating Mediation Rules of Confidentiality. Defendant shall file a Response of no more than 3 pages, excluding certificate of service and signature block, by 9/15/2014. Plaintiff may file a Reply of no more than 2 pages, excluding certificate of service and signature block, by 9/18/2014. Signed by Magistrate Judge Jonathan Goodman on 9/8/2014. (tr00) (Entered: 09/08/2014)
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Request |
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| 593 |
Filed: 9/8/2014, Entered: None |
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RESPONSE in Opposition re 576 Plaintiff's MOTION to Compel Production of Documents and Incorporated Memorandum of Law, 577 Plaintiff's MOTION to Compel Answers to Interrogatories and Incorporated Memorandum of Law filed by Patheon Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Brochin, Robert) (Entered: 09/08/2014)
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Request |
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| 592 |
Filed: 9/8/2014, Entered: None |
Strike |
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Request |
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| 591 |
Filed: 9/7/2014, Entered: None |
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*Endorsed Order concerning 584 Defendant's motion to compel production of documents and interrogatory responses. Plaintiff shall file a response of no more than 5 pages, excluding certificate of service and signature block, by September 15, 2014. No reply is permitted absent further court order. Signed by Magistrate Judge Jonathan Goodman on 9/7/2014. (JG) (Entered: 09/07/2014)
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Request |
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| 590 |
Filed: 9/7/2014, Entered: None |
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|
*Endorsed Order regarding recent filings concerning Plaintiff's motion to compel in the District of New Jersey. The Court has reviewed Defendant's notice [ECF No. 586], with its attachment, and Plaintiff's notice [ECF No. 588], with its attachments. In its notice, Plaintiff attached an order (which Defendant omitted) and a relevant hearing transcript excerpt. Plaintiff contends that Defendant's initial submission, by omitting the companion order, "improperly suggested that the magistrate's 'termination' of the motion was a denial of Procaps' motion to compel DSM, and that this 'termination' adversely affected Procaps' motion to reconsider summary judgment order." For example, Plaintiff notes that the magistrate judge described DSM's position as "silly." Indeed, the hearing transcript excerpt demonstrates that the magistrate judge did in fact say this and it further shows that the Court there is requiring DSM to search for materials responsive to the subpoena. This, Plaintiff argues, is hardly a denial of its motion to compel. After reviewing all materials recently submitted on the out-of-state discovery litigation, the Court concludes that Defendant's initial notice provides an incomplete picture of the New Jersey magistrate judge's succinct written rulings and the proceedings which generated them. The Court is not now going to analyze whether Defendant's initial submission was purposefully designed to present a skewed and/or misleading view of the New Jersey discovery proceedings or whether it simply filed an accurate copy of a brief order. However, given the risk of an inaccurate understanding of the magistrate judge's "termination" order because of a limited submission which omitted other, relevant background material, Defendant should have erred on the side of caution and presented a more-complete submission. The Court does not expect to deal with similar scenarios in the future, as the parties are now on notice to avoid submissions which, while technically correct, might lead to an incorrect interpretation of the events at issue in the submission. Signed by Magistrate Judge Jonathan Goodman on 9/7/2014. (JG) (Entered: 09/07/2014)
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Request |
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| 589 |
Filed: 9/5/2014, Entered: None |
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|
STATUS REPORT Interim Status Report #2 by John M. Barkett (Barkett, John) (Entered: 09/05/2014)
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Request |
|
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| 588 |
Filed: 9/5/2014, Entered: None |
|
|
NOTICE by Procaps S.A. re 586 Notice (Other) of Filing New Jersey District Court's Companion Order Omitted by Patheon in its "Notice of the Termination of Plaintiff's Motion to Compel in the District of New Jersey" [DE 586] (Attachments: # 1 Exhibit September 4, 2014 Order, # 2 Exhibit Hearing Transcript) (Carlos, Natalie) (Entered: 09/05/2014)
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Request |
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| 587 |
Filed: 9/5/2014, Entered: None |
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RESPONSE in Opposition re 572 Plaintiff's MOTION to Compel Return to Mediation filed by Patheon Inc.. (Brochin, Robert) (Entered: 09/05/2014)
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Request |
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| 586 |
Filed: 9/4/2014, Entered: None |
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|
NOTICE by Patheon Inc. of Termination of Plaintiff's Motion to Compel in the District of New Jersey (Attachments: # 1 Exhibit 1) (Brochin, Robert) (Entered: 09/04/2014)
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Request |
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| 585 |
Filed: 9/3/2014, Entered: None |
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REPLY to 568 Response in Opposition to Motion, 559 Plaintiff's MOTION to Compel Forensic Analysis of Patheon and Banner's ESI and Incorporated Memorandum by Procaps S.A.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Carlos, Natalie) Modified text on 9/4/2014 (tpl). (Entered: 09/03/2014)
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Request |
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| 584 |
Filed: 9/3/2014, Entered: None |
Compel |
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Request |
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| 583 |
Filed: 8/26/2014, Entered: None |
|
|
Clerks Notice to Filer re 581 MOTION for Judgment on the Pleadings . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tpl) (Entered: 08/26/2014)
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Request |
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| 582 |
Filed: 8/25/2014, Entered: None |
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ENDORSED ORDER cancelling 574 telephonic hearing because Patheon's 573 Motion has been withdrawn. Signed by Magistrate Judge Jonathan Goodman on 8/25/2014. (oim) (Entered: 08/25/2014)
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Request |
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| 581 |
Filed: 8/22/2014, Entered: None |
Judgment on the Pleadings |
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Request |
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| 580 |
Filed: 8/22/2014, Entered: None |
|
|
RESPONSE/REPLY to 569 Plaintiff's MOTION for Reconsideration of Summary Judgment Order (DE 565) in Connection with FDUTPA Claim and to Clarify Certain Factual Matters (in Opposition) by Patheon Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Brochin, Robert) (Entered: 08/22/2014)
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Request |
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| 579 |
Filed: 8/21/2014, Entered: None |
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|
NOTICE by Procaps S.A. of Filing Transcript of August 20, 2014 Hearing in District of New Jersey on Procaps' Motion to Compel Discovery from DSM Pharmaceuticals (Attachments: # 1 Exhibit August 20, 2014 Hearing Transcript on Procaps' Motion to Compel Discovery from DSM) (Carlos, Natalie) (Entered: 08/21/2014)
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Request |
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| 578 |
Filed: 8/21/2014, Entered: None |
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ENDORSED ORDER Regarding 577 Plaintiff's MOTION to Compel Answers to Interrogatories and 576 Plaintiff's MOTION to Compel Production of Documents. Patheon shall file a response of no more than 5 pages to each motion or an omnibus response of no more than 10 pages (excluding certificate of service or signature page), within the time provided for in the Local Rules. No reply is permitted absent further Court order. Signed by Magistrate Judge Jonathan Goodman on 8/21/2014. (oim) (Entered: 08/21/2014)
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Request |
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| 577 |
Filed: 8/20/2014, Entered: None |
Compel |
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Request |
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| 576 |
Filed: 8/20/2014, Entered: None |
Compel |
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Request |
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| 575 |
Filed: 8/20/2014, Entered: None |
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|
WITHDRAWAL of Motion by Patheon Inc. re 573 Defendant's MOTION for Extension of Time to file motions to compel filed by Patheon Inc. (Brochin, Robert) (Entered: 08/20/2014)
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Request |
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| 574 |
Filed: 8/19/2014, Entered: None |
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|
ENDORSED ORDER regarding 573 Patheon's MOTION for Extension of Time to file motions to compel. Procaps shall file a response of no more than 3 double spaced pages (excluding signature block and certificate of service) to Patheon's motion by 8/25/2014 at 5:00 p.m. A telephonic hearing on this motion is set for 8/26/2014 at 10:00 a.m. Counsel shall call into the Court's conference call in line, as set out in docket entry 541 , shortly before the hearing time. Signed by Magistrate Judge Jonathan Goodman on 8/19/2014. (oim) (Entered: 08/19/2014)
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Request |
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| 573 |
Filed: 8/19/2014, Entered: None |
extension of time |
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Request |
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| 572 |
Filed: 8/18/2014, Entered: None |
Compel |
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Request |
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| 571 |
Filed: 8/15/2014, Entered: None |
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|
Clerks Notice to Filer re 569 Plaintiff's MOTION for Reconsideration of Summary Judgment Order (DE 565) in Connection with FDUTPA Claim and to Clarify Certain Factual Matters. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 08/15/2014)
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Request |
|
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| 570 |
Filed: 8/14/2014, Entered: None |
|
|
*Endorsed Order concerning [ECF No. 569] Procaps' Motion for Reconsideration of Summary Judgment Order [ECF No. 565]. Patheon shall file a response of no more than 15 double-spaced pages by August 22, 2014. No reply is permitted absent further, specific court order. Signed by Magistrate Judge Jonathan Goodman on 8/14/2014. (JG) (Entered: 08/14/2014)
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Request |
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| 569 |
Filed: 8/14/2014, Entered: None |
Reconsideration |
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Request |
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| 568 |
Filed: 8/14/2014, Entered: None |
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|
RESPONSE in Opposition re 559 Plaintiff's MOTION to Compel Forensic Analysis of Patheon and Banner's ESI and Incorporated Memorandum filed by Patheon Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Brochin, Robert) (Entered: 08/14/2014)
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Request |
|
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| 567 |
Filed: 8/5/2014, Entered: None |
|
|
STATUS REPORT Special Master Informal Status Report #1 by John M. Barkett (Barkett, John) (Entered: 08/05/2014)
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Request |
|
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| 566 |
Filed: 7/30/2014, Entered: None |
|
|
NOTICE by Procaps S.A. OF FILING ORDER SETTING ORAL ARGUMENT IN THE DISTRICT OF NEW JERSEY ON PROCAPS MOTION TO COMPEL DISCOVERY (Attachments: # 1 Exhibit) (Carlos, Natalie) (Entered: 07/30/2014)
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Request |
|
|
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| 565 |
Filed: 7/30/2014, Entered: None |
Order on Sealed Motion |
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Request |
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| 564 |
Filed: 7/29/2014, Entered: None |
Adopt/Join |
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Request |
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| 563 |
Filed: 7/28/2014, Entered: None |
|
|
NOTICE by Procaps S.A. re 562 Report Regarding Non-Objection (Rosenthal, Alan) (Entered: 07/28/2014)
|
|
Request |
|
|
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| 562 |
Filed: 7/25/2014, Entered: None |
|
|
REPORT REGARDING Report of Special Master (No. 1) by John M. Barkett (Barkett, John) (Entered: 07/25/2014)
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|
Request |
|
|
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| 561 |
Filed: 7/24/2014, Entered: None |
|
|
NOTICE of Attorney Appearance by John Moses Barkett on behalf of John M. Barkett. Attorney John Moses Barkett added to party John M. Barkett(pty:sm). (Barkett, John) (Entered: 07/24/2014)
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Request |
|
|
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| 560 |
Filed: 7/24/2014, Entered: None |
|
|
ENDORSED ORDER concerning Special Master's Duties concerning Procaps' Motion to Compel Forensic Analysis of Patheon and Banner's ESI [ECF No. 559]. First, in order to ensure that he timely is aware of all relevant filings concerning the ESI issues assigned to him, the Special Master shall file a notice of appearance so that the CM/ECF system will serve him copies of all motions, memoranda and other submissions. In order to avoid any unnecessary expenditure of time by the Special Master (who does not need to review every submission filed, regardless of the subject), the parties shall, in the title of any submission, indicate whether it relates to an ESI issue. Procaps' motion, for example, already does this because it mentions ESI in the title. The order appointing John Barkett as special master for ESI issues noted that he will be making a recommendation if Procaps were to file a motion for a forensic analysis of Patheon's ESI. That motion was filed today, so the issue is now on Mr. Barkett's plate. To the extent that Mr. Barkett wishes to establish a briefing schedule (including page length limits different than those provided for in the local rules) for additional submissions concerning this motion, he may do so. Signed by Magistrate Judge Jonathan Goodman on 7/24/2014. (JG) (Entered: 07/24/2014)
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Request |
|
|
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| 559 |
Filed: 7/24/2014, Entered: None |
Compel |
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|
|
Request |
|
|
|
| 558 |
Filed: 7/14/2014, Entered: None |
|
|
ORDER Appointing Special Master. Signed by Magistrate Judge Jonathan Goodman on 7/14/2014. (oim) (Entered: 07/14/2014)
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|
Request |
|
|
|
| 557 |
Filed: 7/2/2014, Entered: None |
|
|
NOTICE by Patheon Inc. of Filing Defendant's Proposed Order Appointing Special Master (Attachments: # 1 Text of Proposed Order)(Brochin, Robert) (Entered: 07/02/2014)
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|
Request |
|
|
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| 556 |
Filed: 7/2/2014, Entered: None |
|
|
NOTICE of Striking 553 Notice (Other) filed by Patheon Inc. by Patheon Inc. (Brochin, Robert) (Entered: 07/02/2014)
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|
Request |
|
|
|
| 555 |
Filed: 7/2/2014, Entered: None |
|
|
Clerks Notice to Filer re 553 Notice (Other). Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (tpl) (Entered: 07/02/2014)
|
|
Request |
|
|
|
| 554 |
Filed: 7/1/2014, Entered: None |
|
|
NOTICE by Procaps S.A. of Filing Proposed Order Regarding Appointment of Neutral Special Master (Attachments: # 1 Text of Proposed Order)(Rosenthal, Alan) (Entered: 07/01/2014)
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|
Request |
|
|
|
| 553 |
Filed: 7/1/2014, Entered: None |
|
|
STRICKEN NOTICE by Patheon Inc. Defendant's Proposed Order Appointing Special Master (Attachments: # 1 Exhibit 1)(Brochin, Robert) Modified to strike per DE 556 Notice on 7/3/2014 (tpl). (Entered: 07/01/2014)
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|
Request |
|
|
|
| 552 |
Filed: 6/27/2014, Entered: None |
|
|
AFFIDAVIT signed by : John M. Barkett. by John M. Barkett (Barkett, John) (Entered: 06/27/2014)
|
|
Request |
|
|
|
| 551 |
Filed: 6/23/2014, Entered: None |
|
|
TRANSCRIPT of Discovery hearing held on 6-19-2014 before Magistrate Judge Jonathan Goodman, Volume Number 1 of 1, 1-56 pages, Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/2014. Redacted Transcript Deadline set for 7/28/2014. Release of Transcript Restriction set for 9/25/2014. (dwh) (Entered: 06/23/2014)
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|
Request |
|
|
|
| 550 |
Filed: 6/20/2014, Entered: None |
|
|
ENDORSED ORDER granting in small part and denying in large part 499 Procaps' Corrected Motion to Compel Better Answers to Interrogatories. Much of the information Procaps seeks in this motion concerns interrogatories which simply did not seek the information Procaps now says it did not receive. Other interrogatories at issue in this motion yielded sufficient answers. The only interrogatory answer which needs to be supplemented is 12. Patheon shall provide a better answer to Interrogatory 12 by specifically explaining whether it or its law firm pursued document and ESI collection efforts from Banner and whether data or reports from Banner were exported to create responsive documents or information in discovery. Patheon need not provide a complete answer for the final section of Interrogatory 12(a)ii. In other words, it need not identify the documents or ESI collected from Banner by Bates number, but it must identify the specific database(s) from which the documents were created or generated. Signed by Magistrate Judge Jonathan Goodman on 6/20/2014. (JG) (Entered: 06/20/2014)
|
|
Request |
|
|
|
| 549 |
Filed: 6/20/2014, Entered: None |
|
|
ENDORSED ORDER granting 517 Procaps' Motion for Leave to File a reply in support of its corrected motion to compel better answers to interrogatories. Patheon opposes [ECF No. 537] the motion and has provided several reasons why it believes the motion contains false and misleading statements. Because Patheon has outlined the grounds for its challenge to the proposed reply and the exhibits attached to it, the Undersigned will be able to consider those defense arguments when reviewing the reply and its attachments. Thus, even though the reply has now been permitted, this does not mean that the Undersigned will substantively consider the arguments in the reply or the attachments. Depending on the Undersigned's assessment of Patheon's arguments, I may give no weight, some weight or full weight to the now-filed reply. Conceivably, given the nature of Patheon's arguments and how I evaluate them, I might view the reply as detrimental to Procaps' position (e.g., if it contains misrepresentations). But, then again, the reply and the exhibits could also be deemed as helpful to Procaps. In any event, I am granting the motion. Signed by Magistrate Judge Jonathan Goodman on 06/20/2014. (JG) (Entered: 06/20/2014)
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|
Request |
|
|
|
| 548 |
Filed: 6/20/2014, Entered: None |
|
|
ENDORSED ORDER granting 509 Procaps' Motion for Leave to Supplement Summary Judgment Record. Although Patheon disagrees [ECF No. 515] with the grounds Procaps relies upon in its motion, it ultimately advised the Court that it takes no position on the motion. Patheon says the proposed supplements do not help Procaps and that this lack of substantive support causes it to take no position. Therefore, the motion is unopposed and the Undersigned consequently grants it as an unopposed motion. Signed by Magistrate Judge Jonathan Goodman on 6/20/2014. (JG) (Entered: 06/20/2014)
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|
Request |
|
|
|
| 547 |
Filed: 6/19/2014, Entered: None |
|
|
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on re: 541 6/19/2014. (Digital 15:12:35.) (mso) (Entered: 06/20/2014)
|
|
Request |
|
|
|
| 546 |
Filed: 6/18/2014, Entered: None |
|
|
NOTICE of Compliance Joint Notice of Compliance by Procaps S.A. re 545 Order,,,,, (Attachments: # 1 Exhibit 1)(Rosenthal, Alan) (Entered: 06/18/2014)
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|
Request |
|
|
|
| 545 |
Filed: 6/14/2014, Entered: None |
|
|
ENDORSED ORDER concerning ESI isues and possible appointment of a special master. Given the amount of time and energy the parties and the Court have devoted to the forensic analysis of Procaps' ESI, the number and intensity of the disputes flowing from the court-ordered analysis, the volume of material the parties have filed and continue to file, the level of acrimony, the parties' inability to agree on virtually anything relating to the forensic analysis and the existence of lingering, time-consuming disputes which will require the continued, additional expenditure of significant time by the Undersigned and my staff, the Undersigned is considering the appointment of a special master to address the ESI issues. The parties shall be prepared to discuss the participation of a special master under Federal Rule of Civil Procedure 53 at the upcoming June 19, 2014 hearing on Search Terms Refinement. The parties shall also jointly recommend possible candidates for special master. The Undersigned suggests that the nominees (and the parties shall jointly recommend between 3 to 5 candidates) be attorneys who have considerable experience in ESI issues and who have written about ESI issues. If the parties are unable to jointly submit a list of nominees by June 18, 2014, then they shall file individual lists before the hearing on June 19, 2014. Signed by Magistrate Judge Jonathan Goodman on 06/14/2014. (JG) (Entered: 06/14/2014)
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|
Request |
|
|
|
| 544 |
Filed: 6/12/2014, Entered: None |
|
|
NOTICE by Patheon Inc. re 541 Order, Set/Reset Hearings (Attachments: # 1 Exhibit 1)(Brochin, Robert) (Entered: 06/12/2014)
|
|
Request |
|
|
|
| 543 |
Filed: 6/12/2014, Entered: None |
|
|
NOTICE by Procaps S.A. re 541 Order, Set/Reset Hearings (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Rosenthal, Alan) (Entered: 06/12/2014)
|
|
Request |
|
|
|
| 542 |
Filed: 6/10/2014, Entered: None |
|
|
RESPONSE/REPLY to 540 Notice (Other) by Procaps S.A.. (Attachments: # 1 Exhibit 1)(Rosenthal, Alan) (Entered: 06/10/2014)
|
|
Request |
|
|
|
| 541 |
Filed: 6/9/2014, Entered: None |
|
|
ORDER setting Discovery Hearing for 6/19/2014 at 3:00 p.m. in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 6/9/2014. (oim) (Entered: 06/09/2014)
|
|
Request |
|
|
|
| 540 |
Filed: 6/5/2014, Entered: None |
|
|
NOTICE by Patheon Inc. Summarizing SETEC's Supplemental Findings Concerning Procaps' Unrecoverable Deleted Files (Brochin, Robert) (Entered: 06/05/2014)
|
|
Request |
|
|
|
| 539 |
Filed: 6/4/2014, Entered: None |
|
|
ENDORSED ORDER cancelling 432 6/20/2014 Case Management Conference. Signed by Magistrate Judge Jonathan Goodman on 6/4/2014. (oim) (Entered: 06/04/2014)
|
|
Request |
|
|
|
| 538 |
Filed: 6/2/2014, Entered: None |
|
|
ORDER granting in part 431 Plaintiff's Motion for Attorney Fees re Kroll Conflict. Signed by Magistrate Judge Jonathan Goodman on 6/2/2014. (oim) (Entered: 06/02/2014)
|
|
Request |
|
|
|
| 537 |
Filed: 5/28/2014, Entered: None |
|
|
RESPONSE in Opposition re 517 Plaintiff's MOTION for Leave to File Reply in Support of Motion to Compel Better Answers to Interrogatories filed by Patheon Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brochin, Robert) (Entered: 05/28/2014)
|
|
Request |
|
|
|
| 536 |
Filed: 5/28/2014, Entered: None |
|
|
Clerks Notice of Docket Correction re 529 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, 531 Clerks Notice of Docket Correction and Instruction to Filer - Attorney,. Correction Notice of Correction was sent out in error please disregard (tp) (Entered: 05/28/2014)
|
|
Request |
|
|
|
| 535 |
Filed: 5/23/2014, Entered: None |
|
|
MOTION for Partial Summary Judgment on Counts I, III, and IV by Procaps S.A.. (see DE 523 for image) Responses due by 6/9/2014 (tpl) (Entered: 05/27/2014)
|
|
Request |
|
|
|
| 534 |
Filed: 5/23/2014, Entered: None |
|
|
REPLY to Brief in Support of its Motion for Summary Judgment filed by Procaps S.A.. (see DE 522 for image) (tpl) (Entered: 05/27/2014)
|
|
Request |
|
|
|
| 533 |
Filed: 5/23/2014, Entered: None |
|
|
Statement of: Undisputed Facts in Support of Motion foe Partial Summary Judgment on Counts I, III, and IV by Procaps S.A. (see DE 521 for image) (tpl) (Entered: 05/27/2014)
|
|
Request |
|
|
|
| 532 |
Filed: 5/23/2014, Entered: None |
|
|
RESPONSE in Opposition Patheon's MOTION for Summary Judgment filed by Procaps S.A.. (see DE 520 for image) (tpl) (Entered: 05/27/2014)
|
|
Request |
|
|
|
| 531 |
Filed: 5/27/2014, Entered: None |
|
|
Clerks Notice to Filer re 519 Notice (Other), 520 Notice (Other), 521 Notice (Other), 522 Notice (Other), 523 Notice (Other). Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (tpl) (Entered: 05/27/2014)
|
|
Request |
|
|
|
| 530 |
Filed: 5/23/2014, Entered: None |
|
|
RESPONSE to Patheon's Statement of Undisputed Facts in Support of Its Motion for Summary Judgment by Procaps S.A.. (see DE 519 for image (tpl) (Entered: 05/27/2014)
|
|
Request |
|
|
|
| 529 |
Filed: 5/27/2014, Entered: None |
|
|
Clerks Notice to Filer re 516 Notice (Other),,. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (tpl) (Entered: 05/27/2014)
|
|
Request |
|
|
|
| 528 |
Filed: 5/23/2014, Entered: None |
|
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Statement of Undisputed Facts by Procaps S.A. (see DE 516 for image) (tpl) (Entered: 05/27/2014)
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Request |
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| 527 |
Filed: 5/23/2014, Entered: None |
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APPENDIX to Motion for Partial Summary Judgment by Procaps S.A. (see DE 516 for image) (tpl) (Entered: 05/27/2014)
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Request |
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| 526 |
Filed: 5/23/2014, Entered: None |
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NOTICE by Procaps S.A. Pursuant to Paragraph 9 of the Second Amended Order on Forensic Analysis [DE 493] (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rosenthal, Alan) (Entered: 05/23/2014)
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Request |
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| 525 |
Filed: 5/23/2014, Entered: None |
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NOTICE by Patheon Inc. Summarizing Setec's Findings Concerning Procaps' Unrecoverable Deleted Files (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brochin, Robert) (Entered: 05/23/2014)
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Request |
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| 524 |
Filed: 5/23/2014, Entered: None |
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ENDORSED ORDER concerning Procaps' Motion for Leave to File Reply in Support of Motion to Compel Better Answers to Interrogatories [ECF No. 517]. In the immortal words of now-deceased disco queen Donna Summer, "enough is enough is enough." Patheon may, if it wishes, file a two-page response to the motion by May 28, 2014. No reply is permitted. No sur-reply is permitted. No motion for leave to file reply is permitted. No motion for leave to clarify the record or submit additional arguments is permitted. No motion to submit supplemental authority is permitted. Any further filings (other than an optional two-page response, as noted above) concerning the underlying motion to compel better answers to interrogatories (or any issue related to it) will be stricken and fees will be awarded against the filer and its counsel. Life is just too short to permit this never-ending discovery battle to drag on any further. The Undersigned has other cases and simply cannot continue to devote an inordinate amount of time to this case. That would be unfair to other litigants in other cases. This case is the most active case on the Undersigned's docket (by far) -- and the parties should going forward think long and hard before choosing to file another motion (or memorandum or notice or, quite frankly, any submission) on any issue. Signed by Magistrate Judge Jonathan Goodman on 05/23/2014. (JG) (Entered: 05/23/2014)
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Request |
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| 523 |
Filed: 5/23/2014, Entered: None |
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NOTICE by Procaps S.A. of Filing Procaps' Motion for Summary Judgment on Counts I, III and IV, Originally Filed Under Seal (Attachments: # 1 Exhibit - Procaps' Motion for Partial Summary Judgment on Counts I, III and IV)(Coutroulis, Chris) Modified to add missing event DE 535 Motion for Partial Summary Judgment on 5/27/2014 (tpl). (Entered: 05/23/2014)
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| 522 |
Filed: 5/23/2014, Entered: None |
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NOTICE by Procaps S.A. of Filing Procaps' Reply Brief in Support of its Motion for Summary Judgment, Originally Filed Under Seal (Attachments: # 1 Exhibit - Procaps' Reply Brief in Support of Motion for Partial Summary Judgment)(Coutroulis, Chris) Modified to add missing event DE 534 Reply in Support of Motion on 5/27/2014 (tpl). (Entered: 05/23/2014)
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| 521 |
Filed: 5/23/2014, Entered: None |
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NOTICE by Procaps S.A. of Filing Procaps' Statement of Undisputed Facts in Support of its Motion for Partial Summary Judgment on Counts I, III and IV, Originally Filed Under Seal (Attachments: # 1 Exhibit - Procaps' Statement of Undisputed Facts in Support of Motion for Partial Summary Judgment on Counts I, III and IV)(Coutroulis, Chris) Modified to add missing event DE 533 Statement of Undisputed Facts on 5/27/2014 (tpl). (Entered: 05/23/2014)
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| 520 |
Filed: 5/23/2014, Entered: None |
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NOTICE by Procaps S.A. of Filing Procaps' Memorandum in Opposition to Patheon's Motion for Summary Judgment, Origianally Filed Under Seal (Attachments: # 1 Exhibit - Procaps' Memorandum in Opposition to Patheon's Motion for Summary Judgment)(Coutroulis, Chris) Modified to add missing event DE 532 Response in Opposition to Motion on 5/27/2014 (tpl). (Entered: 05/23/2014)
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| 519 |
Filed: 5/23/2014, Entered: None |
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NOTICE by Procaps S.A. of Filing Procaps' Response to Patheon's Statement of Undisputed Facts in Support of its Motion for Summary Judgment, Originally Filed Under Seal (Attachments: # 1 Exhibit - Procaps' Response to Patheon's Statement of Undisputed Facts in Support of its Motion for Summary Judgment)(Coutroulis, Chris) Modified to add missing event 530 Response to Statement of Undisputed Facts on 5/27/2014 (tpl). (Entered: 05/23/2014)
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| 518 |
Filed: 5/23/2014, Entered: None |
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NOTICE by Procaps S.A. of Filing the Combined Appendix to Procaps' Memorandum in Opposition to Patheon's Motion for Summary Judgment and Procaps' Response to Patheon's Statement of Undisputed Facts; Exhibits Originally Filed Under Seal (Attachments: # 1 Exhibit Index, # 2 Exhibit Tab A, # 3 Exhibit Tab B, # 4 Exhibit Tab C, # 5 Exhibit Tab D, # 6 Exhibit Tab E, # 7 Exhibit Tab F, # 8 Exhibit Tab G, # 9 Exhibit Tab H, # 10 Exhibit Tab I, # 11 Exhibit Tab J, # 12 Exhibit Tab K, # 13 Exhibit Tab L - to remain under seal, # 14 Exhibit Tab M, # 15 Exhibit Tab N, # 16 Exhibit Tab O, # 17 Exhibit Tab P, # 18 Exhibit Tab Q, # 19 Exhibit Tab R - to remain under seal, # 20 Exhibit Tab S - to remain under seal, # 21 Exhibit Tab T - to remain under seal, # 22 Exhibit Tab U, # 23 Exhibit Tab V, # 24 Exhibit Tab W)(Coutroulis, Chris) (Entered: 05/23/2014)
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| 517 |
Filed: 5/23/2014, Entered: None |
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Plaintiff's MOTION for Leave to File Reply in Support of Motion to Compel Better Answers to Interrogatories by Procaps S.A.. (Attachments: # 1 Exhibit Exhibit A to Motion -- Corresponence, # 2 Exhibit Exhibit B to Motion -- Reply in Support of Motion to Compel Better Answers to Interrogatories, # 3 Exhibit Exhibit 1 to Reply -- Procaps Fifth Set of Interrogatories, # 4 Exhibit Exhibit 2 to Reply -- Excerpts of transcripts of Peter Bigelow deposition)(Carlos, Natalie) (Entered: 05/23/2014)
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Request |
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| 516 |
Filed: 5/23/2014, Entered: None |
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NOTICE by Procaps S.A. of Filing the Combined Appendix to Procaps' Motion for Partial Summary Judgment and Procaps' Statement of Undisputed Facts; Exhibits Originally Filed Under Seal (Attachments: # 1 Exhibit Combined Appendix to Procaps' Motion for Partial Summary Judgment and Procaps' Statement of Undisputed Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q)(Coutroulis, Chris) Modified to add missing events 527 Appendiz and 528 Statement of Undisputed Facts on 5/27/2014 (tpl). (Entered: 05/23/2014)
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| 515 |
Filed: 5/23/2014, Entered: None |
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RESPONSE to Motion re 509 Plaintiff's MOTION for Leave to File Supplement Summary Judgment Record filed by Patheon Inc.. Replies due by 6/2/2014. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brochin, Robert) (Entered: 05/23/2014)
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Request |
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| 514 |
Filed: 5/22/2014, Entered: None |
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NOTICE by Patheon Inc. of Filing Summary Judgment Opposition and Exhibits (Attachments: # 1 Patheon's Opposition to Procaps MSJ (Redacted), # 2 Exhibit 109, # 3 Exhibit 110, # 4 Exhibit 111, # 5 Exhibit 112, # 6 Exhibit 113, # 7 Exhibit 114, # 8 Exhibit 115, # 9 Exhibit 117, # 10 Exhibit 118, # 11 Exhibit 119, # 12 Exhibit 120, # 13 Exhibit 121, # 14 Exhibit 122, # 15 Exhibit 123, # 16 Exhibit 124, # 17 Exhibit 126, # 18 Exhibit 127, # 19 Exhibit 128, # 20 Exhibit 130, # 21 Exhibit 133, # 22 Exhibit 134, # 23 Exhibit 135, # 24 Exhibit 136, # 25 Exhibit 137, # 26 Exhibit 138, # 27 Exhibit 139, # 28 Exhibit 140, # 29 Exhibit 141, # 30 Exhibit 143, # 31 Exhibit 144, # 32 Exhibit 145, # 33 Exhibit 146, # 34 Exhibit 147, # 35 Exhibit 148, # 36 Exhibit 149, # 37 Exhibit 150, # 38 Exhibit 151, # 39 Exhibit 152)(Brochin, Robert) (Entered: 05/22/2014)
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Request |
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| 513 |
Filed: 5/22/2014, Entered: None |
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NOTICE by Patheon Inc. of Filing Summary Judgment Motion Exhibits (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 5, # 4 Exhibit 12, # 5 Exhibit 13, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20, # 11 Exhibit 21, # 12 Exhibit 23, # 13 Exhibit 28, # 14 Exhibit 31, # 15 Exhibit 32, # 16 Exhibit 33, # 17 Exhibit 34, # 18 Exhibit 35, # 19 Exhibit 36, # 20 Exhibit 37, # 21 Exhibit 38, # 22 Exhibit 40, # 23 Exhibit 41, # 24 Exhibit 42, # 25 Exhibit 75, # 26 Exhibit 76, # 27 Exhibit 77, # 28 Exhibit 78, # 29 Exhibit 79, # 30 Exhibit 80, # 31 Exhibit 81, # 32 Exhibit 82, # 33 Exhibit 84, # 34 Exhibit 85, # 35 Exhibit 92, # 36 Exhibit 93, # 37 Exhibit 94, # 38 Exhibit 95, # 39 Exhibit 96, # 40 Exhibit 97, # 41 Exhibit 99, # 42 Exhibit 100, # 43 Exhibit 101, # 44 Exhibit 102, # 45 Exhibit 103, # 46 Exhibit 104, # 47 Exhibit 105, # 48 Exhibit 106, # 49 Exhibit 107)(Brochin, Robert) (Entered: 05/22/2014)
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Request |
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| 512 |
Filed: 5/21/2014, Entered: None |
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RESPONSE in Opposition re 499 Corrected MOTION to Compel Better Answers to ESI Interrogatories filed by Patheon Inc.. (Attachments: # 1 Exhibit 1)(Brochin, Robert) (Entered: 05/21/2014)
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Request |
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| 511 |
Filed: 5/20/2014, Entered: None |
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ENDORSED ORDER. Patheon shall file a response of no more than 3 pages to 509 Plaintiff's MOTION for Leave to File Supplement Summary Judgment Record by 5/23/2014. No reply is permitted. Signed by Magistrate Judge Jonathan Goodman on 5/20/2014. (oim) (Entered: 05/20/2014)
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Request |
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| 510 |
Filed: 5/19/2014, Entered: None |
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NOTICE by Procaps S.A. re 509 Plaintiff's MOTION for Leave to File Supplement Summary Judgment Record (Attachments: # 1 Exhibit Exhibit 4 to Procaps' Motion for Leave to)(Carlos, Natalie) (Entered: 05/19/2014)
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Request |
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| 509 |
Filed: 5/19/2014, Entered: None |
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Plaintiff's MOTION for Leave to File Supplement Summary Judgment Record by Procaps S.A.. (Attachments: # 1 Exhibit Appendix Tab X: Excerpts of deposition of Alvaro Franco, # 2 Exhibit Appendix Tab Y: Excerpts of deposition of Carlos Salazar, # 3 Exhibit Appendix Tab Z: Excerpts of deposition of Diego Monterroza)(Carlos, Natalie) (Entered: 05/19/2014)
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Request |
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| 508 |
Filed: 5/19/2014, Entered: None |
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NOTICE by Procaps S.A. of Filing Proposed Order on Patheon's Motion for Summary Judgment (Attachments: # 1 Text of Proposed Order on Patheon's Motion for Summary Judgment)(Coutroulis, Chris) (Entered: 05/19/2014)
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Request |
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| 507 |
Filed: 5/19/2014, Entered: None |
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NOTICE by Patheon Inc. Proposed Order Granting Patheon's Motion for Summary Judgment and Denying Procaps S.A.'s Motion for Partial Summary Judgment (Brochin, Robert) (Entered: 05/19/2014)
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Request |
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| 506 |
Filed: 5/19/2014, Entered: None |
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NOTICE by Procaps S.A. of Filing Proposed Order on Procaps' Motion for Partial Summary Judgment (Attachments: # 1 Text of Proposed Order on Procaps' Motion for Partial Summary Judgment)(Coutroulis, Chris) (Entered: 05/19/2014)
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Request |
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| 505 |
Filed: 5/16/2014, Entered: None |
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ORDER On Sealing and Unsealing Summary Judgment Materials. The Clerk is Directed to Unseal the Following: 331 , 332 , 333 , [333-1], [333-5], [333-6], 438 , [438-1], [438-2], [438-3], [438-4], [438-5], 395 , 396 , 397 , [397-1], [397-2], [397-3], [397-4], [397-5], [397-6], [397-7], [397-8], [397-9], [397-10], [397-11], [397-13], [397-15], [397-16], [397-17], [397-21], [397-22], [397-23], and 437 . The parties are directed to review the Order and to refile certain materials publicly. Signed by Magistrate Judge Jonathan Goodman on 5/16/2014. (oim) (Entered: 05/16/2014)
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Request |
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| 504 |
Filed: 5/14/2014, Entered: None |
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NOTICE of Change of Address by Robert Mark Brochin (tpl) (Entered: 05/14/2014)
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Request |
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| 503 |
Filed: 5/13/2014, Entered: None |
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ENDORSED ORDER on so-called "supplemental authorities." In the past few days, both parties have submitted what they deem to be "supplemental authority" concerning the cross-motions for summary judgment. But with the exception of one case cited by Patheon, none of the authorities are new and all were available at the time of the summary judgment briefing. The parties are directed to refrain from filing any additional supplemental authority notices absent prior, specific approval from the Court. Signed by Magistrate Judge Jonathan Goodman on 5/13/2014. (JG) (Entered: 05/13/2014)
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Request |
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| 502 |
Filed: 5/13/2014, Entered: None |
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Notice of Supplemental Authority by Patheon Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Brochin, Robert) (Entered: 05/13/2014)
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Request |
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| 501 |
Filed: 5/10/2014, Entered: None |
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ENDORSED ORDER re 499 Corrected MOTION to Compel Better Answers to ESI Interrogatories filed by Procaps S.A. Patheon shall file a double-spaced response of no more than five pages (excluding signature block and certificate of service) by May 21, 2014. No reply is permitted absent specific court order. Signed by Magistrate Judge Jonathan Goodman on 5/10/2014. (JG) (Entered: 05/10/2014)
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Request |
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| 500 |
Filed: 5/10/2014, Entered: None |
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ENDORSED ORDER denying as moot 498 Plaintiff's Motion to Compel. Plaintiff later filed a corrected version of the motion, thereby rendering this motion moot. Signed by Magistrate Judge Jonathan Goodman on 5/10/2014. (JG) (Entered: 05/10/2014)
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Request |
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