AMERISOURCE CORPORATION v. USA

Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:04-cv-00610-LMB
District Judge Lawrence M. Baskir, presiding
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District Judge Lawrence M. Baskir
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Summary

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Parties
No Logo Amerisource Corporation, Plaintiff

Represented by MITTS MILAVEC LLC

Name Phone Fax E-Mail
Space MAURICE R. MITTS +1 215 569 1800 +1 215 569 1822 mmitts@mittslaw.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Robert E. Chandler +1 202 514 4678 +1 202 514 8624 robert.chandler@usdoj.gov
Attributes
Office COFC
Filed 4/8/2004
Jury Demand None
Demand $151000
Nature of Suit 514 - Taking - Other
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed
County None
Terminated 3/23/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '07-5121'[]
Def Custody Status
Flags ADR, CLOSED
Timeline
  Entries (82) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 75 Filed: 7/28/2008, Entered: 7/29/2008 CAFC Mandate Affirming
MANDATE of CAFC affirming [71] Order on Motion to Dismiss - Rule 12(b)(1), Published Opinion/Order. (hw1, )
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Blank 74 Filed: 5/17/2007, Entered: 5/21/2007 Terminated:
CAFC Case Number 07-5121 for [73] Notice of Appeal filed by AMERISOURCE CORPORATION. (hw1, )
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Blank 73 Filed: 5/14/2007, Entered: 5/15/2007 Terminated:
NOTICE OF APPEAL, filed by AMERISOURCE CORPORATION. Filing fee $ 455.00, receipt number 066519. Copies to judge, opposing party and CAFC. (hw1, )
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Blank 72 Filed: 3/23/2007, Entered: 3/23/2007
JUDGMENT entered, pursuant to Rule 58, in favor of defendant and the complaint is dismissed. (lld)
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Blank 71 Filed: 3/23/2007, Entered: 3/23/2007 Court Filing
PUBLISHED OPINION granting [60] Motion to Dismiss - Rule 12(b)(1);. The clerk is directed to dismiss the complaint and enter judgment in favor of defendant. Signed by Judge Lawrence M. Baskir. (lld)
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Blank 70 Filed: 10/24/2006, Entered: 10/26/2006 Surreply
SUR-REPLY re [68] MOTION for Leave to File Sur-Reply , filed by AMERISOURCE CORPORATION. Service: 10/19/06.(vro)
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Blank 69 Filed: 10/24/2006, Entered: 10/26/2006 Order on Motion For Leave to File.Court Filing
ORDER granting [68] Motion for Leave to File Plantiff's Sur-Reply Signed by Judge Lawrence M. Baskir. (vro)
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Blank 68 Filed: 10/20/2006, Entered: 10/23/2006, Terminated: 10/24/2006 Terminated:
MOTION for Leave to File Sur-Reply , filed by AMERISOURCE CORPORATION. Service: 10/19/06.Response due by 11/6/2006.(vro)
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Blank 67 Filed: 10/4/2006, Entered: 10/10/2006 Reply to Response to Motion
REPLY to Response to Motion re [65] MOTION for Leave to File Rise additional Arguments in it's Reply Brief , filed by USA. Service: 10/04/06.(vro)
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Blank 66 Filed: 10/4/2006, Entered: 10/10/2006 Order on Motion For Leave to File.Court Filing
ORDER granting [65] Motion for Leave to File Advance New Arguments Signed by Judge Lawrence M. Baskir. (vro)
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Blank 65 Filed: 9/29/2006, Entered: 10/4/2006, Terminated: 10/4/2006 Terminated:
MOTION for Leave to Rise additional Arguments in it's Reply Brief , filed by USA. Service: 9/29/06.Response due by 10/16/2006.(vro)
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Blank 64 Filed: 9/13/2006, Entered: 9/14/2006 Order on Motion for Extension of Time to File RespCourt Filing
ORDER granting [63] Motion for Extension of Time to File Response/Reply re [63] MOTION for Extension of Time to File Response or Reply as to [62] Response to Motion [Dispositive] Reply due by 9/29/2006. Signed by Judge Lawrence M. Baskir. (vro, )
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Blank 63 Filed: 9/13/2006, Entered: 9/14/2006, Terminated: 9/13/2006 Terminated:
MOTION for Extension of Time to File Reply as to [62] Response to Motion [Dispositive] , filed by USA. Service: 9/13/06.Response due by 10/2/2006.(vro, )
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Blank 62 Filed: 8/30/2006, Entered: 8/30/2006
RESPONSE to [60] MOTION to Dismiss pursuant to Rule 12(b)(1), filed by AMERISOURCE CORPORATION.Reply due by 9/15/2006. Service: 8/29/2006.(mb2, )
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Blank 61 Filed: 8/17/2006, Entered: 8/21/2006 Notice of Appearance
NOTICE of Appearance by Robert E Chandler for USA Service: 8/17/06.(vro, )
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Blank 60 Filed: 7/31/2006, Entered: 8/1/2006 Terminated:
MOTION to Dismiss pursuant to Rule 12(b)(1) , filed by USA. Service: 7/31/06.Response due by 8/31/2006.(vro, )
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Blank 59 Filed: 6/16/2006, Entered: 6/19/2006 Order on Motion for Extension of Time to FileCourt Filing
ORDER granting [58] Motion for Extension of Time. Dispositive Motion(s) due by 7/31/2006. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 58 Filed: 6/15/2006, Entered: 6/16/2006, Terminated: 6/16/2006 Terminated:
MOTION for Extension of Time until 7/31/2006 to File a Dispositive Motion , filed by USA. Service: 6/15/2006.Response due by 7/3/2006.(mb2, )
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Blank 57 Filed: 6/1/2006, Entered: 6/7/2006 Order on Motion for Extension of Time to FileCourt Filing
ORDER granting [56] Motion for Extension of Time.Dispositive Motion(s) due by 6/30/2006. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 56 Filed: 5/26/2006, Entered: 6/1/2006, Terminated: 6/1/2006 Terminated:
MOTION for Extension of Time until 6/30/2006 to File a Dispositive Motion , filed by USA. Service: 5/25/2006.Response due by 6/12/2006.(mb2, )
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Blank 55 Filed: 5/17/2006, Entered: 5/18/2006 TranscriptCourt Filing
TRANSCRIPT of Proceedings held on April 26, 2006 before Judge Lawrence Baskir. The following transcript was transcribed from an audio cassette tape provided by the United States Court of Federal Claims to Heritage Reporting Corporation on April 27, 2006. (dw1)
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Blank -- Filed: 4/28/2006, Entered: 4/28/2006
Set/Reset Transcript Deadlines: Transcript due by 5/26/2006. (vp1, )
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Blank 54 Filed: 4/27/2006, Entered: 5/3/2006 Scheduling OrderCourt Filing
SCHEDULING ORDER: Motion(s) due by 6/1/2006. Response due by 7/7/2006. Reply due by 7/28/2006. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 53 Filed: 4/14/2006, Entered: 4/19/2006 Status Conference OrderCourt Filing
STATUS CONFERENCE ORDER: Status Conference reset for 4/26/2006 at 2:00 PM before Judge Lawrence M. Baskir. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 52 Filed: 4/6/2006, Entered: 4/10/2006 Status Conference OrderCourt Filing
STATUS CONFERENCE ORDER: Status Conference set for 4/14/2006 at 2:00 PM before Judge Lawrence M. Baskir. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 51 Filed: 3/30/2006, Entered: 4/3/2006 OrderCourt Filing
ORDER re: The court intend's to schedule a telephonic status conference on the record during the period of April 10-20, 2006, therefore, the court orders the parties to agree upon at least three dates during this time period and then notify the court's Judicial Assistant, Denise Lawson at (202) 357-6500 no later than Arpril 7, 2006 of the proposed dates. Signed by Judge Lawrence M. Baskir. (dw1)
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Blank 50 Filed: 3/24/2006, Entered: 3/27/2006 Joint Status Report
JOINT STATUS REPORT, filed by USA. Service: 3/24/2006.(mb2, )
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Blank 49 Filed: 2/22/2006, Entered: 2/27/2006 OrderCourt Filing
ORDER: ADR proceedings in this case are suspended. Signed by Judge Marian Blank Horn. (mb2, )
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Blank 48 Filed: 2/14/2006, Entered: 2/21/2006 ADR Scheduling OrderCourt Filing
ADR SCHEDULING ORDER: ADR Conference set for 2/22/2006 at 11:00 AM before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (mb2, )
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Blank 47 Filed: 2/7/2006, Entered: 2/9/2006 ADR Scheduling OrderCourt Filing
ADR SCHEDULING ORDER: ADR Conference set for 2/15/2006 at 10:30 AM before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (mb2, )
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Blank 46 Filed: 2/6/2006, Entered: 2/8/2006 Order on Motion for Extension of Time to FileCourt Filing
ORDER granting [45] Motion for Extension of Time. Status Report due by 3/24/2006. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 45 Filed: 2/1/2006, Entered: 2/3/2006, Terminated: 2/6/2006 Terminated:
MOTION for Extension of Time until 3/24/2006 to File the Joint Status Report , filed by USA. Service: 2/1/2006. Response due by 2/21/2006. (mb2, )
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Blank 44 Filed: 1/12/2006, Entered: 1/19/2006 Terminated:
Consented MOTION to Substitute Attorney Maurice R. Mitts in place of Eric F. Spade , filed by AMERISOURCE CORPORATION. Service: 1/11/2006. (mb2, )
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Blank -- Filed: 1/12/2006, Entered: 1/19/2006 Order on Motion to Substitute Attorney (Consented)
NOTICE granting re: [44] Motion to Substitute Attorney (Consented) pursuant to Rule 83.1(d)(4). Added attorney Maurice R. Mitts for AMERISOURCE CORPORATION. Attorney Eric F. Spade terminated. Entered by the Clerk. (mb2, )
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Blank 43 Filed: 1/10/2006, Entered: 1/17/2006 ADR Scheduling OrderCourt Filing
ADR SCHEDULING ORDER: ADR Conference set for 2/7/2006 at 10:30 AM before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (mb2, )
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Blank 42 Filed: 12/14/2005, Entered: 12/20/2005 Order Returning Document UnfiledCourt Filing
ORDER RETURNING UNFILED: Notice of Change of Lead Counsel Designation. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 41 Filed: 12/5/2005, Entered: 12/7/2005 Order on Motion for Extension of Time to FileCourt Filing
ORDER granting [40] Motion for Extension of Time. Status Report due by 2/8/2006. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 40 Filed: 12/2/2005, Entered: 12/6/2005, Terminated: 12/5/2005 Terminated:
MOTION for Extension of Time until 2/8/2006 to file the Joint Status Report , filed by USA. [FILED BY LEAVE OF THE JUDGE] Service: 12/29/2005. Response due by 12/16/2005. (mb2, ) Modified on 12/6/2005 (mb2, ).
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Blank 39 Filed: 11/30/2005, Entered: 12/5/2005 ADR Scheduling OrderCourt Filing
ADR SCHEDULING ORDER: ADR Conference set for 1/10/2006 at 10:30 AM before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (mb2, )
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Blank 38 Filed: 11/29/2005, Entered: 12/2/2005 ADR Scheduling OrderCourt Filing
ADR SCHEDULING ORDER: ADR Conference set for 11/30/2005 at 11:00 AM before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (mb2, )
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Blank 37 Filed: 11/15/2005, Entered: 11/16/2005 Order on Motion to Dismiss - Rule 12(b)(1)Court Filing
ORDER denying [23] Motion to Dismiss - Rule 12(b)(1), denying [23] Motion to Dismiss - Rule 12(b)(6). Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank -- Filed: 11/15/2005, Entered: 11/16/2005 Set/Reset Scheduling Order Deadlines
Set Deadlines: Status Report due by 12/10/2005. (mb2, )
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Blank 36 Filed: 11/7/2005, Entered: 11/8/2005 TranscriptCourt Filing
TRANSCRIPT of Proceedings held on November 1, 2005 before Judge Lawrence M. Baskir. (dw1)
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Blank -- Filed: 11/4/2005, Entered: 11/4/2005
Set/Reset Transcript Deadlines: Transcript due by 12/1/2005. (vp1, )
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Blank 35 Filed: 11/3/2005, Entered: 11/7/2005 Notice of Change of Address
NOTICE of Change of Address by Eric F. Spade. Service: 11/1/2005.(mb2, )
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Blank 34 Filed: 8/15/2005, Entered: 8/17/2005 Order on Motion for Miscellaneous ReliefCourt Filing
ORDER granting [33] Motion Reschedule the Oral Argument. Signed by Judge Lawrence M. Baskir. (dw1)
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Blank -- Filed: 8/15/2005, Entered: 8/17/2005 Set Deadlines/Hearings:
Set Deadlines/Hearings: Oral Argument set for 11/1/2005 01:00 PM before Judge Lawrence M. Baskir. (dw1)
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Blank 33 Filed: 8/11/2005, Entered: 8/12/2005, Terminated: 8/15/2005 Terminated:
MOTION reschedule the oral argument of defendant's "Motion to Dismiss the Complaint" filed by AMERISOURCE CORPORATION and USA.Service: 8/11/05. (dw1)
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Blank 32 Filed: 6/28/2005, Entered: 6/29/2005 Order Setting Oral Argument/Hearing on MotionCourt Filing
ORDER Setting Hearing: Oral Argument set for 9/14/2005 at 2:00 PM in National Courts Building before Judge Lawrence M. Baskir. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 31 Filed: 6/15/2005, Entered: 6/20/2005 Surreply
SUR-REPLY re [23] MOTION to Dismiss pursuant to Rule 12(b)(1), filed by AMERISOURCE CORPORATION. Service: 6/7/2005.(mb2, )
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Blank 30 Filed: 6/15/2005, Entered: 6/20/2005 Order on Motion For Leave to File.Court Filing
ORDER granting [28] Motion for Leave to File Sur-Reply. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 29 Filed: 6/8/2005, Entered: 6/13/2005 OrderCourt Filing
ORDER: The parties shall contact the court with proposed oral argument dates. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 28 Filed: 6/8/2005, Entered: 6/13/2005, Terminated: 6/15/2005 Terminated:
MOTION for Leave to File Sur-Reply, filed by AMERISOURCE CORPORATION. Service: 6/7/2005. Response due by 6/24/2005. (mb2, )
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Blank 27 Filed: 5/16/2005, Entered: 5/18/2005 Reply to Response to Motion
REPLY to Response to Motion re [23] MOTION to Dismiss pursuant to Rule 12(b)(1) filed by USA. Service: 5/16/2005.(mb2, )
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Blank 26 Filed: 5/4/2005, Entered: 5/10/2005 Order on Motion for Extension of Time to File RespCourt Filing
ORDER granting [24] Motion for Extension of Time to File Reply re [23] MOTION to Dismiss pursuant to Rule 12(b)(1), Dispositive Motion Response due by 5/16/2005. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 25 Filed: 5/3/2005, Entered: 5/9/2005 Response to Motion
RESPONSE to [23] MOTION to Dismiss pursuant to Rule 12(b)(1) filed by AMERISOURCE CORPORATION. [FILED BY LEAVE OF THE JUDGE] Reply due by 5/2/2005. Service: 4/8/2005.(mb2, )
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Blank 24 Filed: 5/3/2005, Entered: 5/9/2005, Terminated: 5/4/2005 Terminated:
MOTION for Extension of Time to File Reply as to [23] MOTION to Dismiss pursuant to Rule 12(b)(1), until 5/16/2005, filed by USA. [FILED BY LEAVE OF THE JUDGE] Service: 4/25/2005. Response due by 5/12/2005. (mb2, )
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Blank 23 Filed: 3/14/2005, Entered: 3/16/2005, Terminated: 11/15/2005 Terminated:
MOTION to Dismiss pursuant to Rule 12(b)(1), MOTION to Dismiss pursuant to Rule 12(b)(6) filed by USA.Service: 3/11/2005. Response due by 4/18/2005. (mb2, )
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Blank -- Filed: 2/24/2005, Entered: 2/24/2005
Set/Reset Transcript Deadlines: Transcript due by 2/25/2005. (vp1, )
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Blank -- Filed: 2/17/2005, Entered: 2/23/2005 Transcript
TRANSCRIPT of Proceedings held on 1/25/05 before Judge Lawrence M. Baskir. (eph, )
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Blank 22 Filed: 1/26/2005, Entered: 1/28/2005 Scheduling OrderCourt Filing
SCHEDULING ORDER re: Motion to Dismiss for Failure to State a Claim. Opening Brief due by 3/18/2005. Response due by 4/18/2005. Reply due by 5/2/2005. Signed by Judge Lawrence M. Baskir. (mb2, )
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Blank 21 Filed: 1/3/2005, Entered: 1/5/2005 Scheduling OrderCourt Filing
Order rescheduling the telephonic Preliminary Status Conference on the record for 2:00 p.m. on Tuesday, January 25, 2005. Signed by Judge Lawrence M. Baskir. (eph, )
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Blank 20 Filed: 12/3/2004, Entered: 12/10/2004 Order Cancelling Deadline/HearingCourt Filing
ORDER Cancelling Deadline/Hearing: The preliminary status conference scheduled in this matter for 12/6/2004 at 2 pm, is postponed until further notice. Signed by Judge Lawrence M. Baskir. (jcp, )
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Blank 19 Filed: 10/27/2004, Entered: 11/1/2004 Status Conference OrderCourt Filing
STATUS CONFERENCE ORDER:Telephonic Preliminary Status Conference set for 12/6/2004 02:00 PM before Judge Lawrence M. Baskir. Signed by Judge Lawrence M. Baskir. (jat, )
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Blank 18 Filed: 10/12/2004, Entered: 10/15/2004 OrderCourt Filing
ORDER re: the parties shall notify the Court's Judicial Assistant of the proposed status conference dates by 10/26/04. Signed by Judge Lawrence M. Baskir. (jat, )
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Blank 17 Filed: 10/7/2004, Entered: 10/12/2004 Joint Preliminary Status Report
JOINT PRELIMINARY STATUS REPORT. Service: 10/7/2004.(jcp, )
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Blank 16 Filed: 9/17/2004, Entered: 9/22/2004 Order on Motion for Extension of Time to FileCourt Filing
ORDER granting [14] Dft's Unopposed Motion for Extension of Time. JPSR due by 10/8/2004. Signed by Judge Lawrence M. Baskir. (jcp, )
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Blank 15 Filed: 9/15/2004, Entered: 9/20/2004 ~Notice (other)
NOTICE of Intent to File Dispositive Motion, by USA. Service: 9/15/2004.(jcp, )
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Blank 14 Filed: 9/13/2004, Entered: 9/16/2004, Terminated: 9/17/2004 Terminated:
UNOPPOSED MOTION for Extension of Time until 10/8/2004 to file the Joint Preliminary Status Report by USA.Service: 9/13/2004. Response due by 9/30/2004. (jcp, )
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Blank 13 Filed: 7/20/2004, Entered: 7/22/2004 OrderCourt Filing
ORDER: The ADR process should be suspended pending the resolution of dft's anticipated motion to dismiss. In the event this case survives dft's anticipated motion to dismiss, this parties shall notify the ADR judge, so that, as suggested by the parties, the ADR process can continue. Signed by Judge Marian Blank Horn. (jcp, )
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Blank 12 Filed: 6/30/2004, Entered: 6/30/2004 Court Filing
ADR SCHEDULING ORDER: ADR Conference set for 7/20/2004 10:30 AM in National Courts Building before Judge Lawrence M. Baskir. Signed by Judge Marian Blank Horn. (dw1)
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Blank 11 Filed: 6/22/2004, Entered: 6/25/2004 ~Notice (other)
NOTICE of ADR Confidentiality Agreement by all parties. Service: 6/22/2004.(hw1, )
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Blank 10 Filed: 5/26/2004, Entered: 6/1/2004 OrderCourt Filing
SPECIAL PROCEDURES ORDER (Revised June 10, 2003). Signed by Judge Lawrence M. Baskir. (jcp, )
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Blank 9 Filed: 5/25/2004, Entered: 6/2/2004, Terminated: 5/25/2004 Order on Motion for Extension of Time to Answer
ORDER granting [9] Motion for Extension of Time to Answer. Answer Due by 8/6/2004. (signed by the Clerk) (dls)
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Blank 8 Filed: 5/24/2004, Entered: 5/26/2004 Order on Motion to Amend ScheduleCourt Filing
ORDER granting [6] Dft's Unopposed Motion for Extension of Time.The undersigned, hereby, schedules an ADR meeting with the parties on Friday, 6/25/2004 at 10:30 AM in National Courts Building before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (jcp, )
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Blank 7 Filed: 5/21/2004, Entered: 6/2/2004 Terminated:
MOTION for Extension of Time to File Answer re [1] Complaint until 8/6/2004 filed by USA. Service: 5/21/04. (dls)
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Blank 6 Filed: 5/11/2004, Entered: 5/13/2004, Terminated: 5/24/2004 Terminated:
UNOPPOSED MOTION to Amend [5] ADR Scheduling Order Dated 4/30/2004, by USA.Service: 5/11/2004. Response due by 5/28/2004. (jcp, )
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Blank 5 Filed: 4/30/2004, Entered: 5/4/2004 ADR Scheduling OrderCourt Filing
ADR SCHEDULING ORDER: The court, hereby, schedules an ADR Meeting with the parties on Tuesday, 5/25/2004 11:00 AM in National Courts Building before Judge Lawrence M. Baskir. Pursuant to the Second Amended General Order No. 40, the parties shall execute and submit the ADR Confidentiality Agreement to the chambers of the undersigned judge on or before Friday, 5/21/2004 at 12:00 pm. Signed by Judge Marian Blank Horn. (jcp, )
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Blank 4 Filed: 4/27/2004, Entered: 4/29/2004 Notice of Appearance
NOTICE of Appearance by Gerald Mark Alexander for USA. Service: 4/27/2004.(jcp, )
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Blank 3 Filed: 4/8/2004, Entered: 4/9/2004 Notice Of AssignmentCourt Filing
NOTICE of Assignment to ADR Judge Marion Blank Horn. (dw1) Modified on 6/10/2005 to indicate that this is an ADR assignment. (dls)
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Blank 2 Filed: 4/8/2004, Entered: 4/9/2004 Notice Of AssignmentCourt Filing
NOTICE of Assignment to Judge Lawrence M. Baskir. (dw1)
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Blank 1 Filed: 4/8/2004, Entered: 4/9/2004 Complaint
COMPLAINT against USA (DOJ) (Filing fee $150, Receipt number 060230), filed by AMERISOURCE CORPORATION.Answer Due by 6/7/2004.(dw1)
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