Case number 1:20-cv-03254
Fresenius Kabi USA, LLC v. Custopharm, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 7, 2021 | 53 | Transcript (12) Docket Text: TRANSCRIPT of Discovery Conference held on February 17, 2021 before Magistrate Judge Hegarty. Pages: 1-12. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) |
| Feb 19, 2021 | 49 | Order on Report and Recommendations (4) Docket Text: ORDER. The Court OVERRULES Plaintiff's Objection (ECF No. [44]), ACCEPTS and ADOPTS the magistrate judge's Recommendation (ECF No. [43]), and GRANTS IN PART and DENIES IN PART Defendant's Motion to Dismiss (ECF No. [15]). The Clerk is directed to TRANSFER this case to the United States District Court for the Western District of Texas. By Judge Raymond P. Moore on February 19, 2021. (rvill, ) |
| Feb 19, 2021 | N/A | Notice (Other) (0) Docket Text: NOTICE re [50] Interdistrict Transmittal of Documents: Case transferred from Colorado has been opened in the Western District of Texas as case 1:21-cv-00164, filed 02/19/2021. Text Only Entry. (rvill, ) |
| Feb 19, 2021 | 51 | Report on the Filing or Determination of Patent or Trademark (1) Docket Text: Report re Patent/Trademark: Report on the determination of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. Case transferred to the U.S. District Court for the Western District of Texas pursuant to Order of the Court. (rvill, ) |
| Feb 19, 2021 | N/A | Interdistrict Transmittal of Documents (0) Docket Text: Interdistrict Transmittal of Documents via e-mail to the United States District Court for the Western District of Texas at InterdistrictTransfer_TXWD@txwd.uscourts.gov. Text Only Entry. (rvill, ) |
| Feb 18, 2021 | 47 | Stipulation (10) Docket Text: STIPULATION JOINT Regarding Discovery of Electronically-Stored Information by Plaintiff Fresenius Kabi USA, LLC. (Varholak, Katherine) |
| Feb 18, 2021 | 48 | Order (9) Docket Text: ORDER APPROVING JOINT STIPULATION REGARDING DISCOVERY OF ELECTRONICALLY-STORED INFORMATION by Magistrate Judge Michael E. Hegarty on 18 February 2021. (cmadr, ) |
| Feb 17, 2021 | 46 | Discovery Hearing (1) Docket Text: COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Discovery Hearing held on 2/17/2021. FTR: A501. (cthom, ) |
| Feb 11, 2021 | 45 | Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 11 February 2021. At the request of the parties, the Court will hold a Discovery Conference on February 17, 2021, at 2:00 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. In advance of the conference, the parties may each prepare a short statement identifying the nature of the dispute(s) and provide the statements and any other documents/information that may assist in the resolution of the issues by email to hegarty_chambers@cod.uscourts.gov. These materials shall be submitted before noon on February 16, 2021. (cmadr, ) |
| Feb 9, 2021 | 44 | Objection to Report and Recommendations (10) Docket Text: OBJECTION to [43] Report and Recommendations filed by Plaintiff Fresenius Kabi USA, LLC. (Mohan, Arun) |
| Jan 26, 2021 | 43 | Report and Recommendations (6) Docket Text: RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Michael E. Hegarty on 26 January 2021. ACCORDINGLY, the Court respectfully RECOMMENDS that Defendant's Motion to Dismiss [15] be granted and that this case be transferred to the Western District of Texas where Case No. 20-cv-01091 already is pending between the parties. (cmadr, ) |
| Jan 21, 2021 | 42 | Order on Motion to Stay (4) Docket Text: ORDER by Magistrate Judge Michael E. Hegarty on 21 January 2021. Accordingly, Defendant's Motion to Stay Discovery [21] is denied.(cmadr, ) |
| Jan 21, 2021 | 41 | Scheduling Order (12) Docket Text: SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 21 January 2021. (cmadr, ) |
| Jan 21, 2021 | N/A | Notice of Noncompliance with Court Procedures/Rules (0) Docket Text: ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: [35] Notice of Entry of Appearance filed by attorney Kevin Michael Nelson. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (rvill, ) |
| Jan 21, 2021 | 39 | Scheduling Conference (2) Docket Text: COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 1/21/2021. FTR: A501. (cthom, ) |
| Jan 21, 2021 | 38 | Order on Motion for Protective Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 21 January 2021. The parties' Stipulated Motion for Protective Order [33] is denied without prejudice. Finally, if the parties refile the motion in accordance with this order, the parties are asked to also provide the Court with a copy of the revised proposed protective order in editable format (i.e., Word) by emailing it to hegarty_chambers@cod.uscourts.gov.(cmadr, ) |
| Jan 20, 2021 | 37 | Reply to Response to Motion (9) Docket Text: REPLY to Response to [21] MOTION to Stay Discovery Pending Ruling on Motion to Dismiss for Improper Venue filed by Defendant Custopharm, Inc.. (Rollo, Sherry) |
| Jan 20, 2021 | 35 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by Kevin Michael Nelson on behalf of Fresenius Kabi USA, LLCAttorney Kevin Michael Nelson added to party Fresenius Kabi USA, LLC(pty:pla) (Nelson, Kevin) |
| Jan 20, 2021 | 36 | Reply to Response to Motion (10) Docket Text: REPLY to Response to [15] MOTION to Dismiss filed by Defendant Custopharm, Inc.. (Reilly, Kathryn) |
| Jan 19, 2021 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [33] Stipulated MOTION for Protective Order filed by Fresenius Kabi USA, LLC. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 1/19/2021. (Text Only Entry) (rmsec ) |
| Jan 15, 2021 | 33 | Motion for Protective Order (19) Docket Text: Stipulated MOTION for Protective Order by Plaintiff Fresenius Kabi USA, LLC. (Mohan, Arun) |
| Jan 15, 2021 | 32 | Notice of Entry of Appearance (3) Docket Text: NOTICE of Entry of Appearance by Steven Eric Feldman on behalf of Custopharm, Inc.Attorney Steven Eric Feldman added to party Custopharm, Inc.(pty:dft) (Feldman, Steven) |
| Jan 15, 2021 | 31 | Order on Motion for Extension of Time to File (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 January 2021. For good cause shown, the parties' "Joint Motion to Extend Time to Submit a Stipulated Protective Order" [25] is granted. The parties may submit a stipulated protective order on or before January 15, 2021.(cmadr, ) |
| Jan 13, 2021 | 30 | Notice of Entry of Appearance (3) Docket Text: NOTICE of Entry of Appearance by Sherry Lee Rollo on behalf of Custopharm, Inc.Attorney Sherry Lee Rollo added to party Custopharm, Inc.(pty:dft) (Rollo, Sherry) |
| Jan 13, 2021 | 29 | Response to Motion (10) Docket Text: RESPONSE to [21] MOTION to Stay Discovery Pending Ruling on Motion to Dismiss for Improper Venue(Response in Opposition to Motion) filed by Plaintiff Fresenius Kabi USA, LLC. (Mohan, Arun) |
| Jan 13, 2021 | 28 | Notice of Entry of Appearance (2) Docket Text: NOTICE of Entry of Appearance by Arun John Mohan on behalf of Fresenius Kabi USA, LLCAttorney Arun John Mohan added to party Fresenius Kabi USA, LLC(pty:pla) (Mohan, Arun) |
| Jan 13, 2021 | 27 | Exhibit Exhibit A to (Proposed) Scheduling Order (1) |
| Jan 13, 2021 | 27 | Proposed Scheduling Order (13) Docket Text: Proposed Scheduling Order by Plaintiff Fresenius Kabi USA, LLC. (Attachments: # (1) Exhibit Exhibit A to (Proposed) Scheduling Order)(Sawtelle, James) |
| Jan 13, 2021 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [25] Joint MOTION for Extension of Time to Submit a Stipulated Protective Order filed by Fresenius Kabi USA, LLC. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 1/13/2021. (Text Only Entry) (rmsec ) |
| Jan 12, 2021 | 25 | Proposed Order (PDF Only) Proposed Order Granting Joint Motion to Extend Time to (1) |
| Jan 12, 2021 | 25 | Motion for Extension of Time (3) Docket Text: Joint MOTION for Extension of Time to Submit a Stipulated Protective Order by Plaintiff Fresenius Kabi USA, LLC. (Attachments: # (1) Proposed Order (PDF Only) Proposed Order Granting Joint Motion to Extend Time to Submit a Stipulated Protective Order)(Sawtelle, James) |
| Jan 7, 2021 | 24 | Exhibit (1) |
| Jan 7, 2021 | 24 | Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 7 January 2021. This matter comes before the Court following a prior email request by the parties to appear at the January 21, 2020 Scheduling Conference by video. The Court has confirmed that a video line is available for use, so the Court shall permit the parties to appear by video. To do so, the parties are directed to use the instructions attached to this Minute Order as an exhibit. All other aspects of this Court's minute order on December 22, 2020 (ECF [20]) remain in effect. (Attachments: # (1) Exhibit) (cmadr, ) |
| Jan 6, 2021 | 23 | Exhibit Exhibit F - 2019 Statement of Correction (6) |
| Jan 6, 2021 | 23 | Exhibit Exhibit D - 2020 Periodic Report (4) |
| Jan 6, 2021 | 23 | Exhibit Exhibit E - 2018 Statement of Correction (6) |
| Jan 6, 2021 | 23 | Exhibit Exhibit B - 2018 Periodic Report (4) |
| Jan 6, 2021 | 23 | Exhibit Exhibit G - 2020 Statement of Correction (6) |
| Jan 6, 2021 | 23 | Exhibit Exhibit H - Statement of Conversion (5) |
| Jan 6, 2021 | 23 | Exhibit Exhibit A - Custopharm Articles of Incorporation in Colorado - 2017 (5) |
| Jan 6, 2021 | 23 | Response to Motion (9) Docket Text: RESPONSE to [15] MOTION to Dismiss (Response in Opposition to Motion) filed by Plaintiff Fresenius Kabi USA, LLC. (Attachments: # (1) Exhibit Exhibit A - Custopharm Articles of Incorporation in Colorado - 2017, # (2) Exhibit Exhibit B - 2018 Periodic Report, # (3) Exhibit Exhibit C - 2019 Periodic Report, # (4) Exhibit Exhibit D - 2020 Periodic Report, # (5) Exhibit Exhibit E - 2018 Statement of Correction, # (6) Exhibit Exhibit F - 2019 Statement of Correction, # (7) Exhibit Exhibit G - 2020 Statement of Correction, # (8) Exhibit Exhibit H - Statement of Conversion)(Sawtelle, James) |
| Jan 6, 2021 | 23 | Exhibit Exhibit C - 2019 Periodic Report (4) |
| Dec 23, 2020 | 21 | Motion to Stay (8) Docket Text: MOTION to Stay Discovery Pending Ruling on Motion to Dismiss for Improper Venue by Defendant Custopharm, Inc.. (Reilly, Kathryn) |
| Dec 23, 2020 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [21] MOTION to Stay Discovery Pending Ruling on Motion to Dismiss for Improper Venue filed by Custopharm, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 12/23/2020. (Text Only Entry) (rmsec ) |
| Dec 22, 2020 | 20 | Order (2) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 22 December 2020.At the request of the parties, the Fed. R. Civ. P. 16(b) Scheduling Conference set for January 4, 2021 is vacated and rescheduled for January 21, 2021, at 10:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (cmadr, ) |
| Dec 17, 2020 | 19 | Corporate Disclosure Statement (3) Docket Text: CORPORATE DISCLOSURE STATEMENT. (Reilly, Kathryn) |
| Dec 17, 2020 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [15] MOTION to Dismiss filed by Custopharm, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 12/17/2020. (Text Only Entry) (rmsec ) |
| Dec 17, 2020 | N/A | Minute Order (0) Docket Text: MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 12/17/2020. (Text Only Entry) (rmsec ) |
| Dec 17, 2020 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 12/17/2020. (Text Only Entry) (rmsec ) |
| Dec 16, 2020 | 15 | Exhibit D (36) |
| Dec 16, 2020 | 15 | Exhibit C (2) |
| Dec 16, 2020 | 15 | Exhibit A (2) |
| Dec 16, 2020 | 15 | Motion to Dismiss (10) Docket Text: MOTION to Dismiss by Defendant Custopharm, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Reilly, Kathryn) |
| Dec 16, 2020 | 14 | Memorandum Returning Case (1) Docket Text: MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Raymond P. Moore for all further proceedings. All future pleadings should be designated as 20-cv-3254-RM (angar, ) |
| Dec 16, 2020 | 13 | Notice of Entry of Appearance (3) Docket Text: NOTICE of Entry of Appearance by Chuan Cheng on behalf of Custopharm, Inc.Attorney Chuan Cheng added to party Custopharm, Inc.(pty:dft) (Cheng, Chuan) |
| Dec 16, 2020 | 12 | Notice of Entry of Appearance (3) Docket Text: NOTICE of Entry of Appearance by Kathryn A. Reilly on behalf of Custopharm, Inc.Attorney Kathryn A. Reilly added to party Custopharm, Inc.(pty:dft) (Reilly, Kathryn) |
| Dec 16, 2020 | N/A | Case Reassigned (0) Docket Text: CASE REASSIGNED pursuant to [10]. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-03254-LTB. (Text Only Entry) (cmadr, ) Modified to correct entry on 12/16/2020 (cmadr, ). |
| Dec 16, 2020 | 10 | Order (1) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 16 December 2020. Pursuant to the consent form filed by the parties declining consent under the D.C. Colo. LCivR 40.1(c) (ECF [9]), the Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. § 636(b), Fed. R. Civ. P. 72 and D.C. Colo. LCivR 72.1(c). (cmadr, ) |
| Dec 16, 2020 | 15 | Exhibit B (2) |
| Dec 15, 2020 | 9 | Consent to Jurisdiction of Magistrate Judge (2) Docket Text: CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Fresenius Kabi USA, LLC All parties do not consent.. (Varholak, Katherine) |
| Dec 8, 2020 | 8 | Notice of Case Association (1) Docket Text: NOTICE OF CASE ASSOCIATION (Related Cases) by James Gordon Sawtelle on behalf of Fresenius Kabi USA, LLC (Sawtelle, James) |
| Dec 1, 2020 | 7 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Fresenius Kabi USA, LLC. Custopharm, Inc. served on 11/25/2020, answer due 12/16/2020. (Sawtelle, James) |
| Nov 3, 2020 | 6 | Order (2) Docket Text: Minute ORDER by Magistrate Judge Michael E. Hegarty on 3 November 2020. The parties shall complete and file the Magistrate Judge Consent Form (ECF 4-1) on or before December 15, 2020. It is ORDERED that the Fed. R. Civ. P. 16(b) Scheduling Conference shall be held on January 4, 2021, at 1:45 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Proposed Scheduling Order due 12/28/2020. (cmadr, ) |
| Nov 2, 2020 | 5 | Report on the Filing or Determination of Patent or Trademark (1) Docket Text: Report re Patent: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (jtorr, ) |
| Nov 2, 2020 | 4 | Magistrate Judge Consent Form (4) |
| Nov 2, 2020 | 4 | Summons Issued (2) Docket Text: SUMMONS issued by Clerk. (Attachments: # (1) Magistrate Judge Consent Form) (jtorr, ) |
| Oct 30, 2020 | 1 | Exhibit A (10) |
| Oct 30, 2020 | N/A | Case Assigned to Judge (0) Docket Text: Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jtorr, ) |
| Oct 30, 2020 | 2 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT. (Sawtelle, James) |
| Oct 30, 2020 | 1 | Summons directed to Custopharm, Inc. (2) |
| Oct 30, 2020 | 1 | Civil Cover Sheet (2) |
| Oct 30, 2020 | 1 | Exhibit B (11) |
| Oct 30, 2020 | 1 | Complaint* (1) |
