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13-12553 - Ferring Pharmaceuticals Inc. v. Braintree Laboratories, Inc.


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13-12553 - Ferring Pharmaceuticals Inc. v. Braintree Laboratories, Inc.
August 4, 2014
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: "For the foregoing reasons, 1) Ferring's motion to dismiss Braintree's Amended Counterclaim (Docket No. 36) is, with respect to Count I and the claims of flexible dosing, and helps achieve success in Count II, ALLOWED, but is, with respect to Count III and the claims of superior cleansing efficacy and lowest volume in Count II, DENIED; 2) Braintree's motion for summary judgment (Docket No. 62) is DENIED WITHOUT PREJUDICE to renewal at the close of discovery; and 3) Braintree's motion for leave to file a second amended counterclaim (Docket No. 66) is ALLOWED, to the extent that Braintree may submit a Second Amended Counterclaim that includes paragraphs 40 through 42 of its Proposed Second Amended Counterclaim, but is otherwise DENIED. So ordered."(Moore, Kellyann)
February 29, 2016
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: For the foregoing reasons,1) Ferrings appeal of, and objections to, the rulings by Magistrate Judge Bowler at the January 29, 2016 hearing (Docket No. 222) are, respectively, DENIED and OVERRULED; 2) Braintrees motion to affirm the rulings by Magistrate Judge Bowler at the January 29, 2016 hearing (Docket No. 233) is, with respect to a. the affirmation of those rulings, ALLOWED, b. the request to file a reply to Ferrings appeal and objections, DENIED AS MOOT, and c. the request for an extension of the depositions deadline, ALLOWED, but d. the request for a 30-day extension of the depositions deadline, DENIED; 3) Braintrees motion to supplement the record with respect to its motion to affirm the rulings by Magistrate Judge Bowler at the January 29, 2016 hearing (Docket No. 236) is DENIED AS MOOT; 4) Braintrees motion for leave to file a reply in support of its motion to affirm the rulings by Magistrate Judge Bowler at the January 29, 2016 hearing (Docket No. 245) is DENIED AS MOOT; 5) Braintrees motion for an extension of the discovery deadline specifically with respect to the production by third-party Concentric (Docket No. 247) is ALLOWED; 6) Braintrees amended motion to file a reply in support of its motion to affirm or, in the alternative, to file a reply to Ferrings appeal and objections, and to extend the depositions deadline (Docket No. 258) is DENIED AS MOOT; and 7) Braintrees motion to file an exhibit to its proposed reply under seal (Docket No. 259) is DENIED AS MOOT. The discovery and pretrial deadlines are revised as follows: all fact discovery and depositions shall be completed by March 15, 2016, all expert depositions and discovery shall be completed by March 15, 2016, dispositive motions are due by April 15, 2016, oppositions to dispositive motions are due by May 15, 2016, and replies to dispositive motions, if leave of court is granted, are due by May 31, 2016. There will be no further extensions. So ordered.(Lima, Christine)
August 3, 2016
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER. "For the foregoing reasons, Ferrings' appeal of, and objections to, the rulings by Magistrate Judge Bowler at the April 25, 2016 hearing (Docket No. 377) are, respectively, DENIED and OVERRULED. Those rulings are affirmed. So ordered."(Lima, Christine)
September 26, 2016
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Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER. "For the foregoing reasons, 1) Braintrees motion to exclude the testimony of Dr. Jeffrey Stec (Docket No. 284) is DENIED, and2) Braintrees motion to exclude the opinions of Dr. Gerald Bertiger and Philip Johnson regarding physician perceptions (Docket No. 346) is DENIED WITHOUT PREJUDICE. So ordered."(Lima, Christine)
October 14, 2016
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDERFor the foregoing reasons,1. Ferrings motion to strike (Docket No. 428) is DENIED,2. Ferrings motion to strike (Docket No. 404) is DENIED,3. Ferrings motion to strike (Docket No. 478) is, with respect to paragraph five in Ms. Pickerings supplemental declaration and Exhibit B to that declaration, ALLOWED but otherwise DENIED,4. Ferrings motion to strike (Docket No. 475) is DENIED,5. Braintrees motion to strike (Docket No. 500) is DENIED and6. Braintrees renewed motion to unseal (Docket No. 516) is ALLOWED.So ordered.(Caruso, Stephanie)
October 25, 2016
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ima, Christine) Modified on 10/26/2016 (Lima, Christine). Modified on 10/27/2016 (Lima, Christine).Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER, denying 338 MOTION for Summary Judgment in Favor of Ferring's Claims and Against Defendant's Affirmative Defenses filed by Ferring Pharmaceuticals Inc., granting in part and denying in part 339 MOTION for Summary Judgment filed by Braintree Laboratories, Inc., and denying 337 MOTION for Summary Judgment of Defendant's Counterclaims filed by Ferring Pharmaceuticals Inc. (L
December 1, 2016
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events are all postponed by one week and the final pre-trial conference is rescheduled for Thursday, January 19, 2017 at 3:00 p.m." (Caruso, Stephanie)Judge Nathaniel M. Gorton: ENDORSED ORDER entered. re 595 MOTION for Continuance of Trial filed by Ferring Pharmaceuticals Inc. "The motion of Ferring Pharmaceuticals, Inc. for a continuance of the trial (Docket No. 595) is DENIED with one minor caveat. Trial will commence on Monday, January 23, 2017 at 9:00 a.m. and, because time limits will be imposed, will not last anywhere near "three to four weeks". The previously set deadlines for pre-trial
December 5, 2016
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered. re 607 Letter/request (non-motion) from Laurence A. Schoen regarding Conflict with Trial Schedule. See attached order.(Caruso, Stephanie)
December 13, 2016
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDER"Braintrees motion to strike Ferrings jury trial demand (Docket No. 581) is DENIED."(Caruso, Stephanie)
December 23, 2016
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Judge Nathaniel M. Gorton: ENDORSED ORDER entered denying 605 Motion in Limine to Exclude Irrelevant Damages Evidence by Braintree Laboratories, Inc.. See Attached Order. (Caruso, Stephanie)