Teva Sante SAS v. EMD Millipore Corporation et al

Massachusetts District Court
Judge:Julia E Kobick
Case #: 1:25-cv-10280
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Other Contract
Case Filed:Feb 04, 2025
Last checked: Saturday Mar 22, 2025 11:33 AM EDT
Defendant
EMD Millipore Corporation
Represented By
Joshua C.H. Sharp
Nixon Peabody LLP
contact info
Defendant
EMD Holding Corporation
Represented By
Joshua C.H. Sharp
Nixon Peabody LLP
contact info
Defendant
Sigma-Aldrich Corporation
Represented By
Joshua C.H. Sharp
Nixon Peabody LLP
contact info
Plaintiff
Teva Sante SAS
Represented By
Thomas J. Sullivan
Shook, Hardy & Bacon L. L. P.
contact info
TERMINATED PARTIES
Defendant
Merck KGaA
Terminated: 02/14/2025


Docket last updated: 1 hours ago
Thursday, May 22, 2025
32 32 notice Notice of Appearance Thu 05/22 10:33 AM
NOTICE of Appearance by Brian T. Kelly on behalf of Exelead Inc. (Kelly, Brian)
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Tuesday, May 13, 2025
31 31 notice Notice of Scheduling Conference Tue 05/13 9:25 AM
NOTICE of Scheduling Conference - This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible. Audio access to the hearing may be available to the media and public. Please check the [LINK:Court schedule] . In order to gain access to the hearing, you must sign up at the following address: [LINK:https://forms.mad.uscourts.gov/courtlist.html] . For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on [LINK:www.mad.uscourts.gov] or contact the session [LINK:here] . Scheduling Conference set for 6/4/2025 02:30 PM in Courtroom 3 ( Remote only ) before District Judge Julia E. Kobick.(Currie, Haley)
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Att: 1 Proposed Scheduling Order Template
Monday, May 12, 2025
30 30 answer Answer to Amended Complaint Mon 05/12 4:11 PM
ANSWER to25 Amended Complaint, by Exelead Inc..(Sharp, Joshua)
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29 29 notice Notice of Appearance Mon 05/12 11:53 AM
NOTICE of Appearance by Joshua C.H. Sharp on behalf of Exelead Inc. (Sharp, Joshua)
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Thursday, April 24, 2025
28 28 order Order on Motion for Miscellaneous Relief Thu 04/24 6:56 AM
District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The plaintiff's motions to impound the unredacted complaint and exhibit, the amended complaint and exhibit, and the second amended complaint and exhibit at ECF 2 , 11 and 26 are granted . (Currie, Haley)
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Wednesday, April 23, 2025
27 27 service Summons Issued Wed 04/23 5:12 PM
Summons Issued as to Exelead Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley)
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26 26 motion Miscellaneous Relief Wed 04/23 4:49 PM
MOTION to Impound Plaintiff's Unredacted Second Amended Complaint and Exhibit by Teva Sante SAS.(Sullivan, Thomas)
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25 25 cmp Amended Complaint Wed 04/23 4:47 PM
AMENDED COMPLAINT against Exelead Inc. d/b/a MilliporeSigma, filed by Teva Sante SAS.(Sullivan, Thomas)
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24 24 misc Stipulation Wed 04/23 4:41 PM
STIPULATION regarding Second Amended Complaint by Teva Sante SAS.(Sullivan, Thomas)
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Att: 1 Exhibit 1
23 23 notice Notice of Appearance Wed 04/23 2:58 PM
NOTICE of Appearance by Brian T. Kelly on behalf of Sigma-Aldrich Corporation, EMD Holding Corporation, EMD Millipore Corporation (Kelly, Brian)
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Wednesday, April 09, 2025
22 22 order Order on Motion for Extension of Time to Answer Wed 04/09 7:07 AM
District Judge Julia E. Kobick: ELECTRONIC ORDER granting21 Joint MOTION for Extension of Time to May 12, 2025 to File Answer or Otherwise Respond to Amended Complaint - EMD Holding Corporation, EMD Millipore Corporation, Sigma-Aldrich Corporation answers due 5/12/2025. (Currie, Haley)
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Tuesday, April 08, 2025
21 21 motion Extension of Time to File Answer Tue 04/08 4:16 PM
Joint MOTION for Extension of Time to May 12, 2025 to File Answer or Otherwise Respond to Amended Complaint by Teva Sante SAS, Sigma-Aldrich Corporation, EMD Holding Corporation, EMD Millipore Corporation.(Sharp, Joshua)
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Wednesday, March 12, 2025
20 20 misc Corporate Disclosure Statement Wed 03/12 6:23 PM
CORPORATE DISCLOSURE STATEMENT by Sigma-Aldrich Corporation, EMD Holding Corporation, EMD Millipore Corporation. (Sharp, Joshua)
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Monday, March 10, 2025
19 19 order Order on Motion for Extension of Time to Answer Mon 03/10 3:40 PM
District Judge Julia E. Kobick: ELECTRONIC ORDER granting18 Joint MOTION for Extension of Time to April 11, 2025 to File Answer Or Otherwise Respond to Amended Complaint - EMD Holding Corporation, EMD Millipore Corporation and Sigma-Aldrich Corporation answers due 4/11/2025. (Currie, Haley)
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18 18 motion Extension of Time to File Answer Mon 03/10 1:50 PM
Joint MOTION for Extension of Time to April 11, 2025 to File Answer Or Otherwise Respond to Amended Complaint by Teva Sante SAS, Sigma-Aldrich Corporation, EMD Holding Corporation, EMD Millipore Corporation.(Sharp, Joshua)
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17 17 notice Notice of Appearance Mon 03/10 1:41 PM
NOTICE of Appearance by Joshua C.H. Sharp on behalf of Sigma-Aldrich Corporation, EMD Holding Corporation, EMD Millipore Corporation (Sharp, Joshua)
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Friday, February 21, 2025
16 16 service Affidavit of Service Fri 02/21 1:16 PM
AFFIDAVIT OF SERVICE Executed by Teva Sante SAS. EMD Millipore Corporation served on 2/17/2025, answer due 3/10/2025. Acknowledgement filed by Teva Sante SAS. (Sullivan, Thomas)
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15 15 service Affidavit of Service Fri 02/21 8:11 AM
AFFIDAVIT OF SERVICE Executed by Teva Sante SAS. EMD Holding Corporation served on 2/18/2025, answer due 3/11/2025. Acknowledgement filed by Teva Sante SAS. (Sullivan, Thomas)
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Wednesday, February 19, 2025
14 14 service Affidavit of Service Wed 02/19 5:17 PM
AFFIDAVIT OF SERVICE Executed by Teva Sante SAS. Sigma-Aldrich Corporation served on 2/17/2025, answer due 3/10/2025. Acknowledgement filed by Teva Sante SAS. (Sullivan, Thomas)
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Friday, February 14, 2025
13 13 misc Letter/request - non-motion Fri 02/14 3:33 PM
Letter/request (non-motion) from Plaintiff's Counsel in response to the Courts Order to Show Cause ECF No. 8 . (Sullivan, Thomas)
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12 12 service Summons Issued Fri 02/14 3:24 PM
Summons Issued as to EMD Holding Corporation, Sigma-Aldrich Corporation. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley)
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11 11 motion Miscellaneous Relief Fri 02/14 1:08 PM
MOTION Impound Plaintiffs Unredacted Amended Complaint And Exhibit by Teva Sante SAS.(Sullivan, Thomas)
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10 10 cmp Amended Complaint Fri 02/14 1:00 PM
AMENDED COMPLAINT against EMD Millipore Corporation, Sigma-Aldrich Corporation, EMD Holding Corporation, filed by Teva Sante SAS.(Sullivan, Thomas)
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Att: 1 Exhibit A
Thursday, February 13, 2025
9 9 service Summons Returned Executed Thu 02/13 3:44 PM
SUMMONS Returned Executed EMD Millipore Corporation served on 2/12/2025, answer due 3/5/2025. (Sullivan, Thomas)
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Monday, February 10, 2025
8 8 order Order Mon 02/10 10:18 AM
District Judge Julia E. Kobick: ELECTRONIC ORDER entered. As the party invoking this Court's jurisdiction, plaintiff Teva Sante SAS is ORDERED to show cause?by February 24, 2025?why this matter should not be dismissed for lack of subject matter jurisdiction. See Amoche v. Guarantee Tr. Life Ins. Co. , 556 F.3d 41, 48 (1st Cir. 2009) ("The party invoking federal jurisdiction has the burden of establishing that the court has subject matter jurisdiction over the case."); McCulloch v. Velez , 364 F.3d 1, 5 (1st Cir. 2004) ("[A] federal court has an obligation to inquire sua sponte into its own subject matter jurisdiction."). Teva Sante SAS alleges that this Court has diversity jurisdiction under 28 U.S.C. § 1332(a)(2). See ECF 1 , ¶ 18. According to the complaint, plaintiff Teva Sante SAS is citizen of France, while defendant EMD Millipore Corporation is a citizen of Massachusetts and defendant Merck KGaA is a citizen of Germany. Id. ¶¶ 19-21. "A foreign corporate entity is not a citizen of a State under § 1332(a)." One World, LLC v. Onoufriadis , No. 20-cv-11580-JEK, 2024 WL 691412, at *2 (D. Mass. Feb. 20, 2024) (citing Kramer v. Caribbean Mills, Inc. , 394 U.S. 823, 824 n.2 (1969)). And "one [non-citizen] cannot sue another in a federal court unless a federal question is raised," Doidge v. Cunard S.S. Co. , 19 F.2d 500, 502 (1st Cir. 1927), even where one of the other parties is a citizen. See Grupo Dataflux v. Atlas Glob. Grp., L.P. , 541 U.S. 567, 569 (2004) (finding "the requisite diversity was . . . absent" where plaintiff partnership was a citizen of Mexico, Delaware, and Texas and defendant was also a citizen of Mexico because "[non-citizens] were on both sides of the case"); Auctus Fund, LLC v. Drone Guarder, Inc. , 588 F. Supp. 3d 177, 184 (D. Mass. 2022). Accordingly, Teva Sante SAS should explain why, in view of this precedent, it believes the Court has jurisdiction under 28 U.S.C. § 1332(a)(2) when the plaintiff and one of the defendants are both foreign citizens. (Currie, Haley)
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Wednesday, February 05, 2025
7 7 service Summons Issued Wed 02/05 10:52 AM
Summons Issued as to EMD Millipore Corporation, Merck KGaA. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (MAC)
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6 6 misc Civil Cover Sheet & Category Sheet Wed 02/05 10:26 AM
Civil Cover Sheet & Category Sheet by Teva Sante SAS. (Sullivan, Thomas)
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5 5 notice Notice of Case Assignment Wed 02/05 10:05 AM
ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (JAM)
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4 4 notice Notice - Other Wed 02/05 8:34 AM
ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (MAC)
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Tuesday, February 04, 2025
3 3 misc Corporate Disclosure Statement Tue 02/04 6:41 PM
CORPORATE DISCLOSURE STATEMENT by Teva Sante/SAS identifying Corporate Parent Teva Pharmaceutical Industries Ltd. for Teva Sante/SAS.. (Sullivan, Thomas)
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2 2 motion Miscellaneous Relief Tue 02/04 6:35 PM
MOTION to Impound Plaintiff's Unredacted Complaint and Exhibit by Teva Sante/SAS.(Sullivan, Thomas)
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1 1 20 pgs cmp Complaint Tue 02/04 6:21 PM
COMPLAINT against EMD Millipore Corporation, Merck KGaA Filing fee: $ 405, receipt number AMADC-10823717 (Fee Status: Filing Fee paid), filed by Teva Sante/SAS.(Sullivan, Thomas)
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Att: 1 Exhibit A,
Att: 2 Civil Cover Sheet