Case details

Court: cacd
Docket #: 8:15-cv-00992
Case Name: Allergan, Inc. et al v. Ferrum Ferro Capital, LLC et al
PACER case #: 621235
Date filed: 2015-06-19
Date terminated: 2015-12-28
Date of last filing: 2016-01-20
Assigned to: Judge John A. Kronstadt
Referred to: Magistrate Judge Paul L. Abrams
Case Cause: 28:1441 Notice of Removal
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Allergan, Inc.
Plaintiff
John M Farrell
Fish and Richardson 500 Arguello Street, Suite 500 Redwood City, CA 94063 650-839-5070 Email: farrell@fr.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael A Amon
Fish and Richardson PC 555 West Fifth Street 31st Floor Los Angeles, CA 90013 213-533-4240 Fax: 877-417-2378 Email: amon@fr.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan E Singer
Fish and Richardson PC 12390 El Camino Real San Diego, CA 92130 213-533-4240 Fax: 612-288-9696 Email: singer@fr.com
ATTORNEY TO BE NOTICED

Michael J Kane
Fish and Richardson PC 60 South Sixth Street Suite 3200 Minneapolis, MN 55402 612-335-2502 Fax: 612-288-9696 Email: kane@fr.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Susan Morrison Coletti
Fish and Richardson PC 222 Delaware Avenue 17th Floor Wilmington, DE 19801 302-778-8434 Fax: 302-652-0607 Email: coletti@fr.com
PRO HAC VICE ATTORNEY TO BE NOTICED

William B Mateja
Fish and Richardson PC 1717 Main Street Suite 5000 Dallas, TX 75201 214-747-5070 Fax: 214-747-2091 Email: mateja@fr.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Allergan Sales, LLC
Plaintiff
John M Farrell
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan E Singer
(See above for address)
ATTORNEY TO BE NOTICED

Michael A Amon
(See above for address)
ATTORNEY TO BE NOTICED

Michael J Kane
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Susan Morrison Coletti
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

William B Mateja
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Ferrum Ferro Capital, LLC
Defendant
Marc J Randazza
Randazza Legal Group 3625 South Town Center Drive Suite 150 Las Vegas, NV 89135 702-420-2001 Fax: 305-437-7662 Email: mjr@randazza.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

D Gill Sperlein
Randazza Legal Group 345 Grove Street San Francisco, CA 94102 415-404-6615 Fax: 305-437-7662 Email: dgs@randazza.com
ATTORNEY TO BE NOTICED

Kevin Barnes
Defendant
Marc J Randazza
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

D Gill Sperlein
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-06-19 1 0 Complaint (Attorney Civil Case Opening) COMPLAINT Receipt No: 0973-15943799 - Fee: $400, filed by Plaintiff Allergan, Inc., Allergan Sales, LLC. (Attachments: # (1) Exhibit A to Complaint, # (2) Exhibit B to Complaint, # (3) Exhibit C to Complaint, # (4) Exhibit D to Complaint, # (5) Exhibit E to Complaint, # (6) Exhibit F to Complaint, # (7) Exhibit G to Complaint) (Attorney Michael A Amon added to party Allergan Sales, LLC(pty:pla), Attorney Michael A Amon added to party Allergan, Inc.(pty:pla))(Amon, Michael) 2015-06-25 18:38:10 96bc3549b6e9dc8ffa26d6435870fc0e37e2c26e
1 1 Exhibit A to Complaint 2015-06-25 18:38:35 40a32a910a58e1384e946f69c97bbaf566b42cde
1 2 Exhibit B to Complaint 2015-06-25 18:38:42 a587d592cc7404aa774ce70f67edb59904ba8810
1 3 Exhibit C to Complaint 2015-06-25 18:38:48 aca422cd35fae9d914f67c6f0b4aafbf48a34a83
1 4 Exhibit D to Complaint 2015-06-25 18:38:53 7ae2a96fb0b1be7aad8937baeeb226719c125be7
1 5 Exhibit E to Complaint 2015-06-25 18:38:58 f6785c776fd3f9316980cb76717cf382ab07b1c6
1 6 Exhibit F to Complaint 2015-06-25 18:39:05 dcba184f757e8b642e9d451ae104face7e49fa04
1 7 Exhibit G to Complaint 2015-06-25 18:39:10 f470cad55144cf08dcd3e9b01d3eb175ff91722f
2015-06-19 2 0 Civil Cover Sheet (CV-71) CIVIL COVER SHEET filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc.. (Amon, Michael) 2015-06-25 18:39:27 034accf41160fc078a13c075d199ba2bbda4b068
2015-06-19 3 0 Corporate Disclosure Statement CORPORATE DISCLOSURE STATEMENT filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc. identifying Allergan, Inc. as Corporate Parent. (Amon, Michael) 2015-06-25 18:39:36 572b5ee327c1d62acd8b14672754aabf12e8d625
2015-06-19 4 0 Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Allergan Sales, LLC, Allergan, Inc.. (Amon, Michael) 2015-06-25 18:39:45 a34ee6856404938adbedf128552b7558ee265208
2015-06-19 5 0 Summons Request Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), [1] filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc.. (Amon, Michael) 2015-06-25 18:40:21 40032ea062a380ab51f43681e73f4c78f395fd20
2015-06-19 6 0 Certificate/Notice of Interested Parties NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying Allergan, Inc.. (Amon, Michael) 2015-06-25 18:40:35 5f797c8e88d96b166898f4b524672f0c0a9f40ef
2015-06-22 7 0 Notice of Assignment to United States Judges(CV-18) - optional html form NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Paul L. Abrams. (jtil) 2015-06-25 18:40:39 79940a1cf067a7e6d163d043f8ac5cbc210a52fe
2015-06-22 8 0 Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) 2015-06-25 18:40:44 0d7ced4155e56571a64af958686aef3ccc37f31c
2015-06-22 9 0 Notice of Clerical Error (G-11) NOTICE OF CLERICAL ERROR: Due to clerical error, Notice to Parties of Court-Directed ADR Program (ADR-8) was inadvertently filed. Judge Fernando M. Olguin does not participate in the Court-Direct ADR Program. Disregard ADR notice in docket entry [8]. (jtil) 2015-08-01 06:58:07 e4db027ce4f64194f0ab76e3eb37569413447141
2015-06-22 10 0 Summons Issued (Attorney Civil Case Opening) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) [1] as to Defendants Kevin Barnes and Ferrum Ferro Capital, LLC. (jtil) 2015-06-25 18:40:55 58a41f7e23e29a6184b0d963675c923b31e65fc5
2015-06-23 11 0 Transfer Pursuant To Patent Pilot Program (CV-128) ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Fernando M. Olguin. Case transferred from Judge Fernando M. Olguin to Judge John A. Kronstadt for all further proceedings. Case number now reads SACV15-00992 JAK (PLAx). (mg) 2015-07-22 14:30:02 8c6e0f94562aec83f89cd23242f786fa02380c0c
2015-06-25 12 0 Text Only Scheduling Notice (IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt: This action has been reassigned to the Honorable John A. Kronstadt, United States District Judge. The case number will now read: SA CV15-00992 JAK (PLAx). Because all pleadings are routed using the judge's initials, please be sure to use the initials JAK in place of the initials FMO on all future filings. Judge Kronstadt's Courtroom Deputy Clerk, Andrea Keifer, can be reached at 213.894.2156 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
2015-06-25 13 0 Order INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A Kronstadt: Please read this Order carefully. It governs this case and differs in some respect from the Local Rules. Counsel are advised that this Order may be modified at the Court's discretion and, therefore, counsel shall refer to this Court's Procedures and Schedules found on the website for the United States District Court (www.cacd.uscourts.gov) to obtain any updates or modifications. (cr) 2015-07-07 12:35:29 0551db4d507549821a3bebcc685cb1b7ed8cf455
2015-06-29 14 0 Motion for Appearance Pro Hac Vice APPLICATION for attorney William B. Mateja to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-15996748 paid.) filed by Plaintiff Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Proposed Order) (Amon, Michael) 2015-07-07 12:36:17 8aa61f02f99ae67b20206c8dc571d41c4b35286c
2015-06-29 15 0 Proof of Service (subsequent documents) PROOF OF SERVICE filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc., re Complaint (Attorney Civil Case Opening), [1] served on June 24, 2015. (Amon, Michael) 2015-07-07 12:36:49 876fa1c4e7fc9b92586ed23bd31fc2ab9c2a082b
2015-06-30 16 0 Notice of Deficiency in Electronically Filed Documents (G-112A) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney William B. Mateja to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-15996748 paid.)[14]. The following error(s) was found: Other error(s) with document(s) are specified below: Applicant failed to supply Good Standing Certificates for each of the state bar for each of the states that the attorney is admitted of that particular state bar. See LR 83-2.1.3.3. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) 2015-07-07 12:37:07 9601c9133ff1c62b5b560b8a160cd33bdfd0f48b
2015-06-30 17 0 Order on Motion to Appear Pro Hac Vice ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: denying [14] APPLICATION to Appear Pro Hac Vice without prejudice to an amended application being filed no later than July 14, 2015, which complies with the Deficiency. Dkt. 16. If an amended application is not filed timely, the Clerk shall return the fees to counsel. Terming Attorney William B Mateja. (lt) 2015-07-07 12:37:30 e626e660c1454cafebbcd2bfc924713465a6d96f
2015-07-01 18 0 Notice of Deficiency in Electronically Filed Documents (G-112A) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents)[15]. The following error(s) was found: Incorrect event selected. The correct event is: Civil Events - Service Documents 0 Service/Waivers of Summons and Complaints - Service of Summons and Complaint Returned Executed (21 days). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (pso) 2015-07-07 12:37:50 03c3bd9a39025a432d049bc391009e8335953c15
2015-07-02 19 0 Response By Court to Notice of Deficiencies (G-112B) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Proof of Service (subsequent documents) [15] by Judge John A. Kronstadt: The document is accepted as filed. Counsel shall take notice of the CM/ECF procedures. Any future document will be stricken for failure to follow procedures. (cr) 2015-07-07 12:38:13 c6cc6761aa39a64a5268ab3c91185f43a0e5da0a
2015-07-06 20 0 Service of Summons and Complaint Returned Executed (21 days) PROOF OF SERVICE Executed by Plaintiff Allergan, Inc., Allergan Sales, LLC, upon Defendant Kevin Barnes served on 6/29/2015, answer due 7/20/2015. Service of the Summons and Complaint were executed upon Marc Randazza - Counsel for Defendants in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Amon, Michael) 2015-07-07 12:38:56 547481c59cb555255a1814ad198753f9bddf2d34
2015-07-06 21 0 Stipulation Extending Time to Answer (30 days or less) STIPULATION Extending Time to Answer the complaint as to Kevin Barnes answer now due 8/10/2015; Ferrum Ferro Capital, LLC answer now due 8/10/2015, re Complaint (Attorney Civil Case Opening), [1] filed by Plaintiffs Allergan, Inc.; Allergan Sales, LLC.(Amon, Michael) 2015-08-07 12:34:35 fd548c351906bfc286c28b4911b308a1c9d4d106
2015-07-10 22 0 Motion for Appearance Pro Hac Vice Amended APPLICATION for attorney William B. Mateja to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Proposed Order) (Amon, Michael) 2015-07-28 12:42:56 a0531a780d68a7e7d92d60bef8660222d3a02655
22 1 Proposed Order 2015-07-28 12:42:56 fc0f3bc0f9fdbac42977c53cd828d7799d3fae9d
2015-07-14 23 0 Order on Motion to Appear Pro Hac Vice ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE [17], [22] by Judge John A. Kronstadt: granting [22] APPLICATION to Appear Pro Hac Vice by Attorney William B Mateja on behalf of Allergan Sales, LLC and for Allergan, Inc, designating Michael A. Amon as local counsel. (lom) 2015-07-28 12:43:45 94cc31b39d51d15109547151b1cd7ca7aca410ef
2015-08-03 24 0 Motion for Appearance Pro Hac Vice APPLICATION for attorney Susan M. Coletti to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16198422 paid.) filed by Plaintiff Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Proposed Order) (Amon, Michael) 2015-08-05 12:14:42 32cf833bdee041818a164596eeac4741583f93bb
2015-08-04 25 0 Order on Motion to Appear Pro Hac Vice ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: granting [24] APPLICATION to Appear Pro Hac Vice by Attorney Susan M. Coletti on behalf of Plaintiffs, designating Michael A. Amon as local counsel. (lt) 2015-08-05 12:42:41 ed58d644950a62b2c4025c1f45600c2c36c90299
2015-08-10 26 0 Motion to Strike NOTICE OF MOTION AND MOTION to Strike Complaint Complaint (Attorney Civil Case Opening), [1] Anti-SLAPP Motion filed by Defendants Kevin Barnes, Ferrum Ferro Capital, LLC. Motion set for hearing on 11/9/2015 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # (1) Exhibit A - Email Correspondence from PTAB, # (2) Exhibit B - Peter Pitts - LinkedIn) (Attorney Marc J Randazza added to party Kevin Barnes(pty:dft), Attorney Marc J Randazza added to party Ferrum Ferro Capital, LLC(pty:dft)) (Randazza, Marc) 2015-08-10 20:47:38 4658d9bf0286fb4e0b2ce9a9eae66350e52f874e
26 1 Exhibit A - Email Correspondence from PTAB 2015-08-10 20:47:52 082e98ef47664101e8372eb7c6e549543e97c4ae
26 2 Exhibit B - Peter Pitts - LinkedIn 2015-08-10 20:48:21 b4c6c2de76c434d89ab79d2b114df8b344f4f465
2015-08-10 27 0 Request for Judicial Notice REQUEST FOR JUDICIAL NOTICE filed by Defendants Kevin Barnes, Ferrum Ferro Capital, LLC. (Attachments: # (1) Exhibit A - Allergan v Sandoz ED TX, # (2) Exhibit B - Allergan v Sandoz Fed Cir)(Randazza, Marc) 2015-08-10 20:49:01 863cb8fb7c2eccfc04fa243608da41db9a480991
27 1 Exhibit A - Allergan v Sandoz ED TX 2015-08-10 20:50:10 2cdec6d46ce96a8665b665c446ed53f5ab1259f4
27 2 Exhibit B - Allergan v Sandoz Fed Cir 2015-08-10 20:50:57 888ced3a187435cfcf6643ce4df6aef1b83c7e22
2015-08-10 28 0 Motion to Stay Order (other) NOTICE OF MOTION AND MOTION to Stay Discovery filed by Defendants Kevin Barnes, Ferrum Ferro Capital, LLC. Motion set for hearing on 11/9/2015 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # (1) Exhibit 1 - Plaintiffs' First ROGS to FF, # (2) Exhibit 2 - Plaintiffs' First ROGS to KB, # (3) Exhibit 3 - Plaintiffs' First RPD to FF, # (4) Exhibit 4 - Plaintiffs' First RPD to KB, # (5) Exhibit 5 - Email from Amon re Discovery) (Randazza, Marc) 2015-08-10 20:56:28 075b8d589615f56396f897db1158ed8a389f8361
28 1 Exhibit 1 - Plaintiffs' First ROGS to FF 2015-08-10 20:52:15 9cc77bee7ad9442c4225f5507a0951c35bc32b31
28 2 Exhibit 2 - Plaintiffs' First ROGS to KB 2015-08-10 20:52:33 e429ea87d0a87f6d958916cddb64451cdefea07f
28 3 Exhibit 3 - Plaintiffs' First RPD to FF 2015-08-10 20:52:51 2ff40feaf02190d1879b63991d2a98ed03ef3e10
28 4 Exhibit 4 - Plaintiffs' First RPD to KB 2015-08-10 20:53:13 596c5754a5974e12110ed31447de3cf78dd749b3
28 5 Exhibit 5 - Email from Amon re Discovery 2015-08-10 21:04:04 2d8803d93da395a1d6416a3a52de2141bd92a15f
2015-08-11 29 0 Text Only Scheduling Notice (IN CHAMBERS) ORDER ADVANCING DEFENDANTS SPECIAL MOTION TO STRIKE (DKT. [26]) AND DEFENDANTS' MOTION FOR RELIEF FROM THE COURT'S STANDING ORDER AND TO STAY DISCOVERY (DKT. [28]) by Judge John A Kronstadt: The Court, on its own motion, advances the Motions from November 9, 2015 to October 19, 2015 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule for motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
2015-08-11 30 0 Order ORDER by Judge John A. Kronstadt setting Scheduling Conference for 10/19/2015 at 08:30 AM. Refer to the Court's order for details. (pso)
2015-08-11 31 0 Notice of Appearance NOTICE of Appearance filed by attorney D Gill Sperlein on behalf of Defendants Kevin Barnes, Ferrum Ferro Capital, LLC (Attorney D Gill Sperlein added to party Kevin Barnes(pty:dft), Attorney D Gill Sperlein added to party Ferrum Ferro Capital, LLC(pty:dft))(Sperlein, D)
2015-08-13 32 0 Motion for Order EX PARTE APPLICATION for Order for Ex Parte Request to Separate Hearing Dates for Defendants Motion to Stay Discovery from Defendants Motion to Strike Complaint and for Revised Briefing Schedule filed by Plaintiff Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Declaration of Michael A. Amon In Support of Plaintiff's Ex Parte Request to Separate Hearing Dates for Defendants Motion to Stay Discovery from Defendants Motion to Strike Complaint and for Revised Briefing Schedule, # (2) Exhibit A to Amon Declaration, # (3) Exhibit B to Amon Declaration, # (4) Proposed Order) (Amon, Michael)
2015-08-14 33 0 Objection/Opposition (Motion related) OPPOSITION opposition re: EX PARTE APPLICATION for Order for Ex Parte Request to Separate Hearing Dates for Defendants Motion to Stay Discovery from Defendants Motion to Strike Complaint and for Revised Briefing Schedule [32] filed by Defendants Kevin Barnes, Ferrum Ferro Capital, LLC. (Sperlein, D)
2015-08-14 34 0 Motion for Order REQUEST for Order for Plaintiff's Request for Alternate Counsel to Appear at Rule 16(b) Scheduling Conference filed by Plaintiff Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Proposed Order) (Amon, Michael)
2015-08-21 35 0 Order on Motion for Order ORDER GRANTING PLAINTIFF'S REQUEST FOR ALTERNATE COUNSEL TO APPEAR AT RULE 16(b) SCHEDULING CONFERENCE [34] by Judge John A. Kronstadt. The Court HEREBY ORDERS that Mr. Singer is excused from attending the October 19, 2015 Scheduling Conference and Hearing. Mr. Mateja is 6 hereby granted permission to appear on behalf of Allergan in Mr. Singer's place. (lom)
2015-08-24 36 0 Motion for Order EX PARTE APPLICATION for Order for Permission to Disclose Information Covered by Non-Disclosure Agreement in Plaintiffs Opposition to Defendants Motion to Strike (D.I. 26) and Certain Supporting Documents, and to File Same Under Seal filed by Plaintiff Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Declaration of Michael A. Amon in Support of Allergans Ex Parte Application For Permission To Disclose Information Covered By Non-Disclosure Agreement In Plaintiffs Opposition to Defendants Motion to Strike (D.I. 26) And Certain Supporting Documents, and to File Same Under Seal, # (2) Proposed Order) (Amon, Michael)
2015-08-24 37 0 Declaration (Motion related) DECLARATION of Michael A. Amon In Opposition to NOTICE OF MOTION AND MOTION to Strike Complaint Complaint (Attorney Civil Case Opening), [1] Anti-SLAPP Motion[26] filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Exhibit 1 (part 1) to Declaration of Michael A. Amon in Support of Plaintiff Allergans Opposition to Defendant Kevin Barnes Motion to Strike Under California Civil Procedure § 425.16 Filed Under Seal, # (2) Exhibit 1 (part 2) to Declaration of Michael A. Amon in Support of Plaintiff Allergans Opposition to Defendant Kevin Barnes Motion to Strike Under California Civil Procedure § 425.16 Filed Under Seal, # (3) Exhibit 2 to Declaration of Michael A. Amon in Support of Plaintiff Allergans Opposition to Defendant Kevin Barnes Motion to Strike Under California Civil Procedure § 425.16 Filed Under Seal)(Amon, Michael)
2015-08-24 38 0 MEMORANDUM in Opposition to Motion MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay Discovery[28] filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Declaration of Michael A. Amon in Support of Plaintiffs Opposition to Defendant Kevin Barnes Motion For Relief From Courts Standing Order and to Stay Discovery, # (2) Exhibit A to Declaration of Michael A. Amon In Support of Plaintiffs Opposition to Defendant Kevin Barnes Motion For Relief From Courts Standing Order and to Stay Discovery, # (3) Exhibit B to Declaration of Michael A. Amon In Support of Plaintiffs Opposition to Defendant Kevin Barnes Motion For Relief From Courts Standing Order and to Stay Discovery, # (4) Exhibit C to Declaration of Michael A. Amon In Support of Plaintiffs Opposition to Defendant Kevin Barnes Motion For Relief From Courts Standing Order and to Stay Discovery, # (5) Exhibit D to Declaration of Michael A. Amon In Support of Plaintiffs Opposition to Defendant Kevin Barnes Motion For Relief From Courts Standing Order and to Stay Discovery, # (6) Exhibit E to Declaration of Michael A. Amon In Support of Plaintiffs Opposition to Defendant Kevin Barnes Motion For Relief From Courts Standing Order and to Stay Discovery, # (7) Exhibit F to Declaration of Michael A. Amon In Support of Plaintiffs Opposition to Defendant Kevin Barnes Motion For Relief From Courts Standing Order and to Stay Discovery)(Amon, Michael)
2015-08-25 39 0 MEMORANDUM in Opposition to Motion MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Permission to Disclose Information Covered by Non-Disclosure Agreement in Plaintiffs Opposition to Defendants Motion to Strike (D.I. 26) and Certain Supporting Documents, and to File Same Under Seal [36] filed by Defendants Kevin Barnes, Ferrum Ferro Capital, LLC. (Sperlein, D)
2015-08-25 40 0 Request for Judicial Notice REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION for Order for Permission to Disclose Information Covered by Non-Disclosure Agreement in Plaintiffs Opposition to Defendants Motion to Strike (D.I. 26) and Certain Supporting Documents, and to File Same Under Seal [36] filed by Defendants Kevin Barnes, Ferrum Ferro Capital, LLC. (Attachments: # (1) Exhibit Complaint, # (2) Exhibit Transcript of Ruling from the Bench)(Sperlein, D)
2015-08-26 41 0 Motion for Order EX PARTE APPLICATION for Order for Allergans Ex Parte Request to Submit Reply and Reply in Support Of Plaintiffs Ex Parte Application for Permission to Disclose Information Covered By Non-Disclosure Agreement in Plaintiffs Opposition to Defendants Motion to Strike (D.I. 26) and Certain Supporting Documents, and to File Same Under Seal filed by Plaintiff Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Declaration of Michael A. Amon in Support of Allergans Ex Parte Request to Submit Reply and Reply in Support Of Plaintiffs Ex Parte Application for Permission to Disclose Information Covered by Non-Disclosure Agreement in Plaintiffs Opposition to Defendants Motion to Strike (D.I. 26) and Certain Supporting Documents, and to File Same Under Seal, # (2) Exhibit to Amon Declaration, # (3) Proposed Order) (Amon, Michael)
2015-08-28 42 0 Order on Motion for Order MINUTES (IN CHAMBERS) ORDER RE PLAINTIFFS' EX PARTE APPLICATION FOR PERMISSION TO DISCLOSE INFORMATION COVERED BY NON-DISCLOSURE AGREEMENT IN PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO STRIKE AND CERTAIN SUPPORTING DOCUMENTS, AND TO FILE SAME UNDER SEAL (DKT. 36); AND ALLERGAN'S EX PARTE REQUEST TO SUBMIT REPLY IN SUPPORT (DKT. 41) by Judge John A. Kronstadt: the Application is DENIED. Accordingly, Plaintiffs Ex Parte to Submit Reply andReply in Support (Dkt. 41) is MOOT. The information that has been proffered will be destroyed. Theparties shall meet and confer as to whether either contends that there is a recognized, substantive basisto have the records at issue filed under seal in connection with the Motion. On or before September 4,2015, the parties shall file a joint report, setting forth their respective or collective positions as to whetherthe information should be filed under seal.In light of the foregoing, the briefing schedule for the Motion is modified as follows. Plaintiffs shall submitany opposition to the Motion on or before September 14, 2015. Defendants shall file any reply on orbefore September 28, 2015. The hearing date of October 19, 2015 is not changed. See Civil Minutes for Specifics. (bp)
2015-09-01 43 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE RE SUBJECT MATTER JURISDICTION by Judge John A. Kronstadt: To facilitate the determination of whether there is subject matter jurisdiction over this matter, this Order to Show Cause re Subject Matter Jurisdiction is issued. On or before September 14, 2015, each party shall submit a memorandum, not to exceed ten pages, with respect to whether this Court has subject matter jurisdiction over this action. Upon receiving these memoranda, the Court will determine whether a hearing will be held with respect to subject matter jurisdiction, or if the matter will be addressed based on the written submission. See Civil Minutes for Further Specifics. (bp)
2015-09-04 44 0 Status Report STATUS REPORT COURT ORDERED JOINT REPORT REGARDING PARTIES' POSITIONS ON PLAINTIFFS' APPLICATION TO FILE UNDER SEAL filed by Plaintiff Allergan, Inc.. (Amon, Michael)
2015-09-09 45 0 Order on Motion for Order MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S EX PARTE REQUEST TO SEPARATE HEARING DATES FOR DEFENDANTS' MOTION TO STAY DISCOVERY FROM DEFENDANTS' MOTION TO STRIKE COMPLAINT AND FOR REVISED BRIEFING SCHEDULE by Judge John A. Kronstadt [32]. The application is DENIED. Refer to the Court's order for details. (pso)
2015-09-10 46 0 Order ORDER PROVISIONALLY GRANTING APPLICATION TO FILE UNDER SEAL by Judge John A. Kronstadt: The Court, having reviewed the Joint Report regarding Parties' Positions on Plaintiffs' Application to File Under Seal, Dkt. 44, HEREBY ORDERS as follows: Plaintiffs' opposition to Defendants' Motion to Strike Complaint (the "Motion"), Dkt 26, in which they may seek to proffer information with respect to settlement negotiations between the parties, will be filed under seal provisionally. Whether the under seal status of the filing will be retained will be based on a later determination by the Court, based on various factors including, but not limited to whether the proffered information is: (i) relevant to the issues raised by the Motion; (ii) admissible; (iii) offered in good faith, and (iv) of such a nature that it satisfies the requirements for maintaining information under seal. The briefing schedule for the Motion is not affected by this Order. Plaintiffs shall submit any opposition to the Motion on or before September 14, 2015, and Defendants shall file any reply in support of the Motion on or before September 28, 2015. IT IS SO ORDERED. (cr)
2015-09-11 47 0 Text Only Scheduling Notice (IN CHAMBERS) ORDER RE NOTICE OF AMENDED CONSOLIDATED STANDING ORDERS by Judge John A. Kronstadt: Counsel are advised that on September 11, 2015, the Court amended its Standing Orders. Counsel shall obtain a copy of the Orders by referring to this Court's Procedures and Schedules found on the website for the United States District Court (www.cacd.uscourts.gov). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cr) TEXT ONLY ENTRY
2015-09-14 48 0 Declaration (Motion related) DECLARATION of Michael A. Amon In Support of Allergan's Opposition to Defendants' NOTICE OF MOTION AND MOTION to Strike Complaint Complaint (Attorney Civil Case Opening), [1] Anti-SLAPP Motion[26] filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Exhibit 1 to Amon Declaration - Part 1, # (2) Exhibit 1 to Amon Declaration - Part 2, # (3) Exhibit 2 to Amon Declaration)(Amon, Michael)
2015-09-14 49 0 Declaration (Motion related) DECLARATION of Michael A. Amon Pursuant to Rule 56(d) in Support of Allergan's Opposition to Defendants' NOTICE OF MOTION AND MOTION to Strike Complaint Complaint (Attorney Civil Case Opening), [1] Anti-SLAPP Motion[26] filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc.. (Amon, Michael)
2015-09-14 50 0 Memorandum of Points and Authorities in Support MEMORANDUM of Points and Authorities in Support Allergans Response to Order to Show Cause (D.I. 43) and Showing Subject Matter Jurisdiction Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, [43] (Attachments: # (1) Declaration of Michael A. Amon, # (2) Exhibit A to Amon Decl, # (3) Exhibit B to Amon Decl, # (4) Exhibit C to Amon Decl, # (5) Exhibit D to Amon Decl)(Amon, Michael)
2015-09-14 51 0 Response RESPONSE filed by Defendants Kevin Barnes, Ferrum Ferro Capital, LLCto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, [43] Defendants' Response to Order to Show Cause re Subject Matter Jurisdiction (Randazza, Marc)
2015-09-14 52 0 Notice of Manual Filing (G-92) NOTICE of Manual Filing filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc. of Plaintiff's Opposition to Motion to Strike [Filed Under Seal] and Declaration of Condino In Support of Opposition [Filed Under Seal] and Exhibits. (Amon, Michael)
2015-09-16 53 0 Declaration (Motion related) DECLARATION of Plaintiff In Support of Allergan's Opposition to Defendants' NOTICE OF MOTION AND MOTION to Strike Complaint Complaint (Attorney Civil Case Opening), [1] Anti-SLAPP Motion[26] filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Exhibit 1 (Part 1) to Amon Declaration, # (2) Exhibit 1 (Part 2) to Amon Declaration, # (3) Exhibit 2 to Amon Declaration)(Amon, Michael)
2015-09-16 54 0 Declaration (Motion related) DECLARATION of Michael A. Amon Pursuant to Rule 56(d) in Support of Allergan's Opposition to Defendants' NOTICE OF MOTION AND MOTION to Strike Complaint Complaint (Attorney Civil Case Opening), [1] Anti-SLAPP Motion[26] filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc.. (Amon, Michael)
2015-09-16 55 0 Notice of Manual Filing (G-92) NOTICE of Manual Filing filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc. of Plaintiff's Opposition to Motion to Strike [Filed Under Seal] and Declaration of Condino In Support of Opposition [Filed Under Seal] and Exhibits. (Amon, Michael)
2015-09-16 56 0 Memorandum of Points and Authorities in Support MEMORANDUM of Points and Authorities in Support filed by Plaintiff Allergan Sales, LLC, Allergan, Inc.. Response to Order to Show Cause (D.I. 43) and Showing Subject Matter Jurisdiction Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, [43] (Attachments: # (1) Declaration of Michael A. Amon, # (2) Exhibit A-D to Amon Declaration)(Amon, Michael)
2015-09-25 57 0 Objection/Opposition (Motion related) SEALED DOCUMENT - PLAINTIFF ALLERGAN'S OPPOSITION TO DEFENDANT'S MOTION to Strike Complaint Complaint (Attorney Civil Case Opening), [1] Anti-SLAPP Motion[26] filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc.. (shb) Modified on 9/25/2015 (shb).
2015-09-25 58 0 Declaration (Motion related) SEALED DOCUMENT - DECLARATION OF DEBRA D CONDINO AND EXHIBITS 1-4 IN SUPPORT OF ALLERGAN'S OPPOSITION TO DEFENDANT'S MOTION TO STRIKE (Attorney Civil Case Opening), [1] Anti-SLAPP Motion[26] filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc.. (shb)
2015-09-28 59 0 Reply (Motion related) REPLY in Support of NOTICE OF MOTION AND MOTION to Strike Complaint Complaint (Attorney Civil Case Opening), [1] Anti-SLAPP Motion[26] filed by Defendants Kevin Barnes, Ferrum Ferro Capital, LLC. (Attachments: # (1) Exhibit A - To Promote Innovation - FTC, # (2) Exhibit B - Celgene - Decision Denying Sanctions Motion, # (3) Exhibit C - Ferrum Ferro - Decision Denying Institution of IPR)(Randazza, Marc)
2015-10-05 60 0 Motion for Appearance Pro Hac Vice APPLICATION for attorney Michael Kane to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16562384 paid.) filed by Plaintiff Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Proposed Order) (Amon, Michael)
2015-10-06 61 0 Order on Motion to Appear Pro Hac Vice ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: granting [60] APPLICATION to Appear Pro Hac Vice by Attorney Michael Kane on behalf of Plaintiffs, designating Michael A. Amon as local counsel. (lt)
2015-10-09 62 0 Joint Report Rule 26(f) Discovery Plan JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiffs Allergan Sales, LLC, Allergan, Inc... (Attachments: # (1) Exhibit A to Joint Rule 16(b)/26(f) Report)(Amon, Michael)
2015-10-13 63 0 Motion for Order NOTICE OF MOTION AND MOTION for Order for Plaintiffs' Motion to (1) File a First Supplemental Complaint, and (2) Strike Arguments First Raised In Defendants Reply Brief filed by Plaintiff Allergan Sales, LLC, Allergan, Inc.. Motion set for hearing on 1/11/2016 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # (1) Memorandum of Points and Authorities In Support of Motion to (1) File a First Supplemental Complaint, and (2) Strike Arguments First Raised In Defendants Reply Brief, # (2) Declaration of Michael A. Amon In Support of Motion, # (3) Exhibit 1-3 to Amon Declaration, # (4) Proposed Order) (Amon, Michael)
2015-10-18 64 0 Response in Opposition to Motion OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Plaintiffs' Motion to (1) File a First Supplemental Complaint, and (2) Strike Arguments First Raised In Defendants Reply Brief [63] filed by Defendants Kevin Barnes, Ferrum Ferro Capital, LLC. (Randazza, Marc)
2015-10-19 65 0 Order on Motion to Stay Order (other) MINUTES OF DEFENDANTS' SPECIAL MOTION TO STRIKE (DKT. 26) DEFENDANTS' MOTION FOR RELIEF FROM THE COURT'S STANDING ORDER AND TO STAY DISCOVERY (DKT. 28) SCHEDULING CONFERENCE held before Judge John A. Kronstadt. The motion hearing is held. The Court states its tentative view that it does not subject matter jurisdiction to hear this case. Counsel address the issues raised by the Court with respect to jurisdiction. The Court takes the Scheduling Conference and Defendants' Motions UNDER SUBMISSION. The Court will determine whether to reschedule the Scheduling Conference and Motions upon its final ruling on jurisdiction.Court Reporter: Alex Joko. (bp)
2015-11-17 66 0 Reply (Motion related) REPLY In Support of NOTICE OF MOTION AND MOTION for Order for Plaintiffs' Motion to (1) File a First Supplemental Complaint, and (2) Strike Arguments First Raised In Defendants Reply Brief [63] filed by Plaintiff Allergan Sales, LLC. (Amon, Michael)
2015-12-28 67 0 Order on Motion to Stay Order (other) MINUTESIN CHAMBERS) ORDER RE JURISDICTION (DKT. 43); DEFENDANTS MOTION TO STRIKE COMPLAINT (DKT. 26); DEFENDANTS MOTION TO STAY DISCOVERY, DKT. 28; AND PLAINTIFFS MOTION TO FILE A FIRST SUPPLEMENTAL COMPLAINT AND STRIKE ARGUMENTS FIRST RAISED IN DEFENDANTS REPLY BRIEF, DKT. 63 by Judge John A. Kronstadt: Tthe action is DISMISSED, without prejudice to its being refiled in an appropriate California Superior Court. This Order is stayed for 21 days, to permit Plaintiffs to refile the action while the present case is pending. In light of the foregoing, the following motions are MOOT: Defendants Motion to Strike Complaint, Dkt. 26; Defendants Motion to Stay Discovery, Dkt. 28; and Plaintiffs Motion to File a First Supplemental Complaint and Strike Arguments First Raised in Defendants Reply Brief, Dkt. 63. On or before January 11, 2016, counsel shall meet and confer to seek to reach an agreement on a proposedjudgment for entry in this matter. If no such agreement can be reached, within that same time period, Plaintiffs shall lodge a proposed judgment, to which Defendants may file any objections within 7 days from the date the proposed judgment is lodged. (shb)
2015-12-28 68 0 Report of Determination of Patent/Trademark Action (CLOSE) (AO 120) REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # (1) ORDER) (shb)
2016-01-08 69 0 Stipulation for Judgment Joint STIPULATION for Judgment as to Dismissing the Case Without Prejudice filed by Plaintiff Allergan Sales, LLC, Allergan, Inc.. (Attachments: # (1) Exhibit A)(Amon, Michael)
2016-01-20 70 0 Judgment JUDGMENT by Judge John A. Kronstadt. The Court HEREBY ENTERS JUDGMENT dismissing the case, without prejudice, for lack of subject matter jurisdiction. Each party shall bear its own fees and costs. (Case CLOSED.) (jp)