JDS Therapeutics, LLC et al v. CVS Health Corporation
| New York Southern District Court | |
| Judge: | Jed S Rakoff |
| Case #: | 1:15-cv-04365 |
| Nature of Suit | 830 Property Rights - Patent |
| Cause | 35:271 Patent Infringement |
| Case Filed: | Jun 05, 2015 |
| Terminated: | Nov 11, 2015 |
| Last checked: Wednesday Dec 02, 2015 9:13 AM EST |
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Counter Claimant
CVS Pharmacy, Inc.
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Represented By
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Counter Defendant
JDS Therapeutics, LLC
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Represented By
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Counter Defendant
Nutrition 21, LLC
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Represented By
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Defendant
CVS Pharmacy, Inc.
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Represented By
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Plaintiff
JDS Therapeutics, LLC
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Represented By
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Plaintiff
Nutrition 21, LLC
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Represented By
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| TERMINATED PARTIES | |
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Counter Claimant
CVS Health Corporation
Terminated: 08/17/2015
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Represented By
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Defendant
CVS Health Corporation
Terminated: 08/17/2015
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Represented By
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| Docket last updated: 05/15/2025 11:59 PM EDT |
| Thursday, November 12, 2015 | ||
| 40 | 40
order
Stipulation and Order of Voluntary Dismissal
Thu 11/12 5:53 PM
STIPULATION OF DISMISSAL WITH PREJUDICE: The parties to the above-referenced action hereby stipulate that pursuant to Rule 41 (a)(ii) of the Federal Rules of Civil Procedure, the above-captioned action is dismissed with prejudice. Each party will bear its own costs. (Signed by Judge Jed S. Rakoff on 11/11/2015) (spo) |
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| 39 | 39
misc
AO 121 Form Copyright - Case Terminated - Submitted
Thu 11/12 1:19 PM
AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 11/11/2015 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (km) |
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utility
Terminate Transcript Deadlines
Thu 11/12 1:14 PM
Terminate Transcript Deadlines (km) |
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| Wednesday, November 11, 2015 | ||
| 38 | 38
misc
Stipulation of Voluntary Dismissal
Wed 11/11 4:04 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) CVS Pharmacy, Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Nutrition 21, LLC, JDS Therapeutics, LLC.(Rothery, Brian) |
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| Thursday, October 22, 2015 | ||
| 37 | 37
order
Order
Thu 10/22 4:59 PM
MEMORANDUM ORDER. Plaintiffs are ordered to produce a fully proper privilege log by no later than October 28, 2015. Plaintiffs are further cautioned that "[f]ailing to timely provide a privilege log may also result in waiver." Weiss v. Nat'l Westminster Bank, PLC, 242 F.R.D. 33, 66 (E.D.N.Y. 2007); Haid v. Wal-Mart Stores, Inc., 2001 WL 1819193, at *4 (D. Kan. Jan. 11, 2001) ("[F]or some strange reason, defendant chose not to prepare the privilege log that is plainly required in federal practice.... Defendant's [privilege] objections therefore, have been waived."), order aff'd, 2001 WL 964102 (D. Kan. June 25, 2001). SO ORDERED. (Signed by Judge Jed S. Rakoff on 10/21/2015) (rjm) |
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| 36 | 36
misc
Letter
Thu 10/22 4:03 PM
LETTER addressed to Judge Jed S. Rakoff from Brian M. Rothery dated 9/30/2015 re: We represent Plaintiffs JDS Therapeutics, LLC and Nutrition 21, Inc. ("JDS/N21" or "Plaintiffs"), and write in opposition to the September 25, 2015 letter motion submitted by defendant CVS Pharmacy, Inc. ("CVS") seeking to compel production of testing or analysis of CVS products performed at the behest of Plaintiffs' counsel in anticipation of litigation and/or as trial preparation work-product. Plaintiffs, through their undersigned counsel, respectfully request that this Court deny CVS's motion to compel and allow discovery to proceed in accordance with this Court's CCMP (D.I. 16).(rjm) |
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| 35 | 35
misc
Letter
Thu 10/22 2:53 PM
LETTER addressed to Judge Jed S. Rakoff from Steven Lieberman dated 9/25/2015 re: Pursuant to instructions received from chambers, Defendant CVS Pharmacy, Inc. ("CVS") submits this letter brief in support of its motion to compel Plaintiffs JDS Therapeutics, LLC and Nutrition 21, LLC ("Plaintiffs") to produce documents regarding the testing (including pre-Complaint testing) of CVS's products that are accused of patent infringement. (rjm) |
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| Thursday, October 15, 2015 | ||
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minutes
Telephone Conference
Mon 10/19 10:45 AM
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/15/2015. (Kotowski, Linda) |
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| Tuesday, August 18, 2015 | ||
| 34 | 34
order
Order on Motion to Appear Pro Hac Vice
Tue 08/18 11:32 AM
ORDER FOR ADMISSION PRO HAC VICE OF RACHEL ECHOLS granting32 Motion for Rachel Echols to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 8/17/2015) (ama) |
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| Monday, August 17, 2015 | ||
| 33 | 33
order
Stipulation and Order of Voluntary Dismissal
Mon 08/17 5:15 PM
STIPULATED DISMISSAL AS TO DEFENDANT CVS HEALTH CORPORATION, AND AMENDING CASE CAPTION: Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiffs JDS Therapeutics, LLC and Nutrition 21, LLC. (collectively "Plaintiffs"), and Defendants CVS Health Corporation and CVS Pharmacy, Inc. (collectively, "Defendants"), stipulate as follows: As set forth herein. The case caption should be,amended to read "JDS Therapeutics, LLC and Nutrition 21, LLC v. CVS Pharmacy, Inc." SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/15/2015) (ama) |
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| Friday, August 14, 2015 | ||
| 32 | 32
motion
Appear Pro Hac Vice
Fri 08/14 12:01 PM
MOTION for Rachel Echols to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11276997. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVS Health Corporation, CVS Pharmacy, Inc..(Echols, Rachel) |
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Att: 1
Exhibit Certificates of Good Standing,
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Att: 2
Text of Proposed Order
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misc
Notice Regarding Pro Hac Vice Motion
Fri 08/14 12:09 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 32 MOTION for Rachel Echols to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11276997. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
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| Wednesday, August 12, 2015 | ||
| 31 | 31
respoth
Response (non-motion)
Wed 08/12 5:23 PM
RESPONSE re:20 Answer to Amended Complaint, Counterclaim Plaintiffs' Responses to Defendants' Counterclaims . Document filed by JDS Therapeutics, LLC, Nutrition 21, LLC. (Rothery, Brian) |
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| Thursday, August 06, 2015 | ||
| 30 | 30
order
Protective Order
Thu 08/06 5:10 PM
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 8/6/2015) (lmb) |
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| Tuesday, August 04, 2015 | ||
| 29 | 29
notice
Notice of Appearance
Tue 08/04 1:11 PM
NOTICE OF APPEARANCE by Matthew W. Siegal on behalf of JDS Therapeutics, LLC, Nutrition 21, LLC. (Siegal, Matthew) |
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| 28 | 28
notice
Notice of Appearance
Tue 08/04 1:09 PM
NOTICE OF APPEARANCE by Jason Sobel on behalf of JDS Therapeutics, LLC, Nutrition 21, LLC. (Sobel, Jason) |
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| Monday, August 03, 2015 | ||
| 27 | 27
order
Order on Motion to Appear Pro Hac Vice
Mon 08/03 4:06 PM
ORDER FOR ADMISSION PRO HAC VICE OF DANIEL R. MCCALLUM granting25 Motion for Daniel R. McCallum to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 7/31/2015) (ama) |
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| Wednesday, July 29, 2015 | ||
| 26 | 26
order
Order on Motion to Appear Pro Hac Vice
Wed 07/29 6:11 PM
ORDER FOR ADMISSION PRO HAC VICE OF SHARON L. DAVIS granting24 Motion for Sharon L. Davis to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 7/28/2015) (ama) |
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| Tuesday, July 28, 2015 | ||
| 25 | 25
motion
Appear Pro Hac Vice
Tue 07/28 1:34 PM
MOTION for Daniel R. McCallum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11206701. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVS Health Corporation, CVS Pharmacy, Inc..(McCallum, Daniel) |
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Att: 1
Exhibit Certificates of Good Standing,
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Att: 2
Text of Proposed Order
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misc
Notice Regarding Pro Hac Vice Motion
Tue 07/28 1:43 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Daniel R. McCallum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11206701. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
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minutes
Telephone Conference
Wed 07/29 11:49 AM
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/28/2015. (Kotowski, Linda) |
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| Monday, July 27, 2015 | ||
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misc
Notice Regarding Pro Hac Vice Motion
Mon 07/27 8:31 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 24 MOTION for Sharon L. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11197095. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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| Friday, July 24, 2015 | ||
| 24 | 24
motion
Appear Pro Hac Vice
Fri 07/24 5:23 PM
MOTION for Sharon L. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11197095. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVS Health Corporation, CVS Pharmacy, Inc..(Davis, Sharon) |
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Att: 1
Exhibit Certificate of Good Standing,
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Att: 2
Text of Proposed Order
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| Thursday, July 23, 2015 | ||
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minutes
Telephone Conference
Mon 07/27 10:56 AM
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/23/2015. (Kotowski, Linda) |
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| Tuesday, July 21, 2015 | ||
| 23 | 23
misc
Notice of Filing Transcript
Tue 07/21 3:34 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/9/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
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| 22 | 22
misc
Transcript
Tue 07/21 3:33 PM
TRANSCRIPT of Proceedings re: conference held on 7/9/2015 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/14/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/22/2015.(McGuirk, Kelly) |
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| 21 | 21
misc
Rule 7.1 Corporate Disclosure Statement
Tue 07/21 7:21 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc., CVS Pharmacy, Inc.. Document filed by CVS Pharmacy, Inc..(Lieberman, Steven) |
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| Monday, July 20, 2015 | ||
| 20 | 20
answer
Answer to Amended Complaint Counterclaim
Mon 07/20 5:46 PM
ANSWER to15 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by CVS Health Corporation, CVS Pharmacy, Inc..(Lieberman, Steven) |
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| Wednesday, July 15, 2015 | ||
| 19 | 19
misc
Notice of Filing Transcript
Wed 07/15 12:41 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/9/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
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| 18 | 18
misc
Transcript
Wed 07/15 12:37 PM
TRANSCRIPT of Proceedings re: conference held on 7/9/2015 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2015. Redacted Transcript Deadline set for 8/20/2015. Release of Transcript Restriction set for 10/16/2015.(McGuirk, Kelly) |
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| 17 | 17
notice
Notice of Appearance
Wed 07/15 11:50 AM
NOTICE OF APPEARANCE by Steven M Lieberman on behalf of CVS Pharmacy, Inc.. (Lieberman, Steven) |
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| Friday, July 10, 2015 | ||
| 16 | 16
order
Case Management Plan
Fri 07/10 6:09 PM
CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Amended Pleadings due by 8/21/2015. Joinder of Parties due by 8/21/2015. Motions due by 1/29/2016. Responses due by 2/12/2016 Replies due by 2/19/2016. Deposition due by 1/15/2016. Discovery due by 1/15/2016. Final Pretrial Conference set for 2/25/2016 at 03:30 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 7/9/2015) (kgo) |
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| Thursday, July 09, 2015 | ||
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minutes
Pretrial Conference - Initial
Thu 07/09 12:29 PM
Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 7/9/2015. (Kotowski, Linda) |
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| Wednesday, July 08, 2015 | ||
| 15 | 15
cmp
Amended Complaint
Wed 07/08 1:34 PM
FIRST AMENDED COMPLAINT amending14 Amended Complaint,1 Complaint against CVS Health Corporation, CVS Pharmacy, Inc. with JURY DEMAND.Document filed by Nutrition 21, LLC, JDS Therapeutics, LLC. Related document:14 Amended Complaint, filed by JDS Therapeutics, LLC, Nutrition 21, LLC,1 Complaint filed by JDS Therapeutics, LLC, Nutrition 21, LLC.(Rothery, Brian) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E
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misc
Notice to Attorney Regarding Deficient Pleading
Wed 07/08 12:58 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brian Rothery to RE-FILE Document No. 14 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq) |
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| Wednesday, July 01, 2015 | ||
| 14 | 14
cmp
Amended Complaint
Wed 07/01 5:48 PM
FIRST AMENDED COMPLAINT amending1 Complaint against CVS Health Corporation with JURY DEMAND.Document filed by Nutrition 21, LLC, JDS Therapeutics, LLC. Related document:1 Complaint filed by JDS Therapeutics, LLC, Nutrition 21, LLC.(Rothery, Brian) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E
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| 13 | 13
notice
Notice of Appearance
Wed 07/01 5:10 PM
NOTICE OF APPEARANCE by Steven M Lieberman on behalf of CVS Health Corporation. (Lieberman, Steven) |
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| 12 | 12
service
Affidavit of Service Complaints
Wed 07/01 3:14 PM
AFFIDAVIT OF SERVICE of Summons and Complaint. CVS Health Corporation served on 6/19/2015, answer due 7/10/2015. Service was accepted by Amy McLaren, Process Agent. Document filed by Nutrition 21, LLC; JDS Therapeutics, LLC. (Rothery, Brian) |
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| Tuesday, June 30, 2015 | ||
| 11 | 11
notice
Notice of Appearance
Tue 06/30 4:54 PM
NOTICE OF APPEARANCE by Madelon Lys Witte on behalf of JDS Therapeutics, LLC, Nutrition 21, LLC. (Witte, Madelon) |
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| Friday, June 26, 2015 | ||
| 10 | 10
order
Order for Initial Pretrial Conference
Mon 06/29 9:14 AM
NOTICE OF COURT CONFERENCE: Initial Conference set for 7/9/2015 at 11:00 AM in Courtroom 14B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, and as further set forth in this Order. (Signed by Judge Jed S. Rakoff on 6/26/2015) (rjm) |
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| Thursday, June 18, 2015 | ||
| 9 | 9
order
Order 1 - Terminate Hearings
Thu 06/18 5:54 PM
ORDER: This matter has been reassigned to Judge Rakoff. Accordingly, the initial pretrial conference scheduled for Tuesday, June 23, 2015 at 11:00 a.m. is adjourned. (Signed by Judge Katherine B. Forrest on 6/18/2015) (lmb) |
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| 8 | 8
order
Amended Standing Order re Patent Cases Pilot Program
Thu 06/18 8:33 AM
AMENDED STANDING ORDER IN RE IMPLEMENTATION OF PATENT PILOT PROGRAM IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 21, 2011). It appearing that the Court has elected to participate in the Pilot Project for Patent Cases established pursuant to Pub L. No. 111-349, 124 Stat. 3674. Therefore, effective November 21, 2011, the Court's participation in the Patent Pilot Project will commence and shall include pro se cases. The Pilot program will be subject to the following procedures: When a designated Pilot judge receives a patent case on initial assignment, the case shall be assigned to that judge for all purposes, without further notice to the Assignment Committee and the Case Assignment Unit.... (Signed by Judge Loretta A. Preska on 3/29/2015) (pgu) |
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notice
Notice of Case Assignment/Reassignment
Thu 06/18 8:32 AM
NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Katherine B. Forrest is no longer assigned to the case. (pgu) |
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utility
Case Redesignation
Thu 06/18 8:32 AM
Magistrate Judge Andrew J. Peck is so redesignated. (pgu) |
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utility
Case Accepted as Related
Thu 06/18 8:33 AM
CASE ACCEPTED AS RELATED. Create association to 1:12-cv-09002-JSR. (pgu) |
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| Wednesday, June 17, 2015 | ||
| 7 | 7
misc
Letter
Wed 06/17 3:20 PM
LETTER addressed to Judge Katherine B. Forrest from Brian M. Rothery dated June 17, 2015 re: Order, dated June 12, 2015 (DE 5). Document filed by JDS Therapeutics, LLC, Nutrition 21, LLC.(Rothery, Brian) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| Monday, June 15, 2015 | ||
| 6 | 6
service
Certificate of Service Other
Mon 06/15 9:12 PM
CERTIFICATE OF SERVICE of Order and Hon. Katherine B. Forrest's Individual Practices served on CVS Health Corporation on 6/15/2015. Document filed by JDS Therapeutics, LLC, Nutrition 21, LLC. (Rothery, Brian) |
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| Friday, June 12, 2015 | ||
| 5 | 5
order
Order for Initial Pretrial Conference
Fri 06/12 12:03 PM
ORDER: It is hereby ORDERED that: 1. Lead counsel for all parties shall appear for an initial pretrial conference ("IPTC") on Tuesday, June 23, 2015, at 11:00 a.m. (As further set forth in this Order) Initial Conference set for 6/23/2015 at 11:00 AM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 6/12/2015) (lmb) |
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| Tuesday, June 09, 2015 | ||
| 4 | 4
misc
Rule 7.1 Corporate Disclosure Statement
Tue 06/09 1:25 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JDS Therapeutics, LLC for Nutrition 21, LLC. Document filed by Nutrition 21, LLC.(Rothery, Brian) |
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| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Tue 06/09 1:02 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JDS Therapeutics, LLC.(Rothery, Brian) |
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| Friday, June 05, 2015 | ||
| 2 | 2
misc
Civil Cover Sheet
Tue 06/09 11:06 AM
CIVIL COVER SHEET filed. (moh) |
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| 1 | 1
cmp
Complaint
Tue 06/09 11:04 AM
COMPLAINT against CVS Health Corporation. (Filing Fee $ 400.00, Receipt Number 465401127348)Document filed by Nutrition 21, LLC, JDS Therapeutics, LLC.(moh) |
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service
Summons Issued
Tue 06/09 11:04 AM
SUMMONS ISSUED as to CVS Health Corporation. (moh) |
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utility
Case Referred as Possibly Related/Similar
Tue 06/09 11:06 AM
CASE REFERRED TO Judge Jed S. Rakoff as possibly similar to 12-cv-9002. (moh) |
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utility
Case Designated ECF
Tue 06/09 11:06 AM
Case Designated ECF. (moh) |
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