| Court: | ded |
| Docket #: | 1:10-cv-00287 |
| Case Name: | E-Z-EM, Inc. v. Mallinckrodt Inc. et al |
| PACER case #: | 43974 |
| Date filed: | 2010-04-09 |
| Date terminated: | 2010-06-01 |
| Assigned to: | Judge Joseph J. Farnan, Jr. |
| Referred to: | Judge Leonard P. Stark (m) |
| Case Cause: | 28:2201 Declaratory Judgment |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| E-Z-EM Inc. Plaintiff |
Mary Matterer |
| Acist Medical Systems Inc. Plaintiff |
Mary Matterer |
| Mallinckrodt Inc. Defendant |
Melanie K. Sharp |
| Liebel-Flarsheim Company Defendant |
Melanie K. Sharp |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-04-24 | 1 | 0 | COMPLAINT against Mallinckrodt Inc., Liebel-Flarsheim Company (Filing fee $ 350.), filed by E-Z-EM, Inc., ACIST Medical Systems, Inc.. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 04/24/2009) | 2011-03-08 19:53:06 | 83a76d0a8d98ad3ac9191be6eefb6564406ed880 | |
| 1 | 1 | Exhibit 1 | ||||
| 1 | 2 | Civil Cover Sheet | ||||
| 2009-04-24 | 2 | 0 | ORDER REFERRING CASE to Magistrate Judge Charles Everingham. Signed by Judge T. John Ward on 4/24/09. (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 04/24/2009) | |||
| 2009-04-24 | 3 | 0 | Magistrate Consent Form Mailed to E-Z-EM, Inc., ACIST Medical Systems, Inc. (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 04/24/2009) | |||
| 2009-04-29 | 4 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney William H Baker for E-Z-EM, Inc. and ACIST Medical Systems, Inc. (APPROVED FEE PAID) 6-1-17777. (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 04/29/2009) | |||
| 2009-04-29 | 5 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney Keren Ben-Shahar for E-Z-EM, Inc. and ACIST Medical Systems, Inc. (APPROVED FEE PAID) 6-1-17776. (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 04/29/2009) | |||
| 2009-04-29 | 6 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney David J Eklund for E-Z-EM, Inc. and ACIST Medical Systems, Inc. (APPROVED FEE PAID) 6-1-17778. (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 04/29/2009) | |||
| 2009-04-29 | 7 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney Philippe Bennett for E-Z-EM, Inc. and ACIST Medical Systems, Inc. (APPROVED FEE PAID) 6-1-17779. (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 04/29/2009) | |||
| 2009-05-06 | 8 | 0 | E-GOV SEALED SUMMONS Issued as to Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: # 1 summons Liebel-Flarsheim)(ehs, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 05/06/2009) | |||
| 2009-05-08 | 9 | 0 | E-GOV SEALED SUMMONS Returned Executed by E-Z-EM, Inc., ACIST Medical Systems, Inc.. Liebel-Flarsheim Company served on 5/6/2009, answer due 5/26/2009. (ehs, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 05/08/2009) | |||
| 2009-05-08 | 10 | 0 | E-GOV SEALED SUMMONS Returned Executed by E-Z-EM, Inc., ACIST Medical Systems, Inc.. Mallinckrodt Inc. served on 5/6/2009, answer due 5/26/2009. (ehs, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 05/08/2009) | |||
| 2009-05-12 | 11 | 0 | CORPORATE DISCLOSURE STATEMENT filed by E-Z-EM, Inc., ACIST Medical Systems, Inc. identifying Corporate Parent Bracco Diagnostics, Inc. for ACIST Medical Systems, Inc., E-Z-EM, Inc.. (Dacus, Deron) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 05/12/2009) | |||
| 2009-05-20 | 12 | 0 | Opposed MOTION for Extension of Time to File Answer re 1 Complaint by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: # 1 Text of Proposed Order)(Smith, Melissa) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 05/20/2009) | |||
| 2009-05-21 | 13 | 0 | RESPONSE in Opposition re 12 Opposed MOTION for Extension of Time to File Answer re 1 Complaint filed by E-Z-EM, Inc., ACIST Medical Systems, Inc.. (Dacus, Deron) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 05/21/2009) | |||
| 2009-06-01 | 14 | 0 | REPLY to Response to Motion re 12 Opposed MOTION for Extension of Time to File Answer re 1 Complaint filed by Mallinckrodt Inc.. (Smith, Melissa) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 06/01/2009) | |||
| 2009-06-08 | 15 | 0 | SUR-REPLY to Reply to Response to Motion re 12 Opposed MOTION for Extension of Time to File Answer re 1 Complaint filed by E-Z-EM, Inc., ACIST Medical Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dacus, Deron) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 06/08/2009) | |||
| 2009-06-09 | 16 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney Allison Worthy Buchner for Mallinckrodt Inc. and Liebel-Flarsheim Company. (APPROVED FEE PAID) 2-1-4737 (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 06/09/2009) | |||
| 2009-06-09 | 17 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney Allison Worthy Buchner for Mallinckrodt Inc. and Liebel-Flarsheim Company. (APPROVED FEE PAID) 2-1-4737 (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 06/19/2009) | |||
| 2009-06-26 | 18 | 0 | ORDER granting 12 Motion for Extension of Time to Answer. Signed by Magistrate Judge Charles Everingham on June 26, 2009. (jml) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 06/26/2009) | |||
| 2009-07-02 | 19 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney Guy Ruttenberg for Mallinckrodt Inc.. (APPROVED, FEE PAID, 2-1-4795) (ehs, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 07/02/2009) | |||
| 2009-07-02 | 20 | 0 | MOTION to Dismiss Pursuant to Rule 12(b)(3) for Improper Venue or Alternatively to Stay Proceedings Pending a Ruling on the Plaintiffs' Motion to Transfer Filed in the Parallel Delaware Suit and Brief in Support Thereof by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Smith, Melissa) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 07/02/2009) | |||
| 2009-07-17 | 21 | 0 | RESPONSE to Motion re 20 MOTION to Dismiss Pursuant to Rule 12(b)(3) for Improper Venue or Alternatively to Stay Proceedings Pending a Ruling on the Plaintiffs' Motion to Transfer Filed in the Parallel Delaware Suit and Brief in Support Thereof MOTION to Dismiss Pursuant to Rule 12(b)(3) for Improper Venue or Alternatively to Stay Proceedings Pending a Ruling on the Plaintiffs' Motion to Transfer Filed in the Parallel Delaware Suit and Brief in Support Thereof Plaintiffs' Response to Defendants' Motion to Dismiss or Alternatively to Stay Proceedings filed by E-Z-EM, Inc., ACIST Medical Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Dacus, Deron) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 07/17/2009) | |||
| 2009-07-24 | 22 | 0 | Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Response to Defendants' Motion to Dismiss or Alternatively to Stay Proceedings by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: # 1 Text of Proposed Order)(Smith, Melissa) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 07/24/2009) | |||
| 2009-07-28 | 23 | 0 | ORDER granting 22 Motion for Extension of Time to File Sur-Reply. Reply due by 8/7/2009. Signed by Judge T. John Ward on 7/28/09. (ehs, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 07/28/2009) | |||
| 2009-07-31 | 24 | 0 | REPLY to Response to Motion re 20 MOTION to Dismiss Pursuant to Rule 12(b)(3) for Improper Venue or Alternatively to Stay Proceedings Pending a Ruling on the Plaintiffs' Motion to Transfer Filed in the Parallel Delaware Suit and Brief in Support Thereof MOTION to Dismiss Pursuant to Rule 12(b)(3) for Improper Venue or Alternatively to Stay Proceedings Pending a Ruling on the Plaintiffs' Motion to Transfer Filed in the Parallel Delaware Suit and Brief in Support Thereof filed by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ruttenberg, Guy) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 07/31/2009) | |||
| 2009-08-07 | 25 | 0 | Unopposed MOTION for Extension of Time to File Surreply to Defendants' Motion to Dismiss or Alternatively to Stay Proceedings by E-Z-EM, Inc., ACIST Medical Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Dacus, Deron) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 08/07/2009) | |||
| 2009-08-11 | 26 | 0 | SUR-REPLY to Reply to Response to Motion re 20 MOTION to Dismiss Pursuant to Rule 12(b)(3) for Improper Venue or Alternatively to Stay Proceedings Pending a Ruling on the Plaintiffs' Motion to Transfer Filed in the Parallel Delaware Suit and Brief in Support Thereof MOTION to Dismiss Pursuant to Rule 12(b)(3) for Improper Venue or Alternatively to Stay Proceedings Pending a Ruling on the Plaintiffs' Motion to Transfer Filed in the Parallel Delaware Suit and Brief in Support Thereof filed by E-Z-EM, Inc., ACIST Medical Systems, Inc.. (Attachments: # 1 Exhibit A)(Dacus, Deron) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 08/11/2009) | |||
| 2009-08-31 | 27 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney Lara A Holzman for E-Z-EM, Inc. and ACIST Medical Systems, Inc. (APPROVED FEE PAID) 6-1-19120. (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 08/31/2009) | |||
| 2009-09-10 | 28 | 0 | ORDER granting 25 Motion for Extension of Time to File to Comply with P.R. 4-3 of the Courts Docket Control Order. Defendants, Mallinckrodt, Inc. and Liebel-Flarsheim Company and Plaintiffs, E-Z-EM, Inc. and ACIST Medical Systems, Inc. may file their Joint Claim Construction and Prehearing Statement pursuant to P.R. 4-3 by September 17, 2009. Signed by Judge T. John Ward on 9/10/09. (ehs, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 09/10/2009) | |||
| 2009-09-17 | 29 | 0 | Joint MOTION for Extension of Time to File / Comply with P.R. 4-3 by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: # 1 Text of Proposed Order)(Smith, Melissa) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 09/17/2009) | |||
| 2009-09-18 | 30 | 0 | ORDER granting 29 Motion for Extension of Time to Comply with P.R. 4-3. Deadline is 9/21/09. Signed by Magistrate Judge Charles Everingham on 9/18/09. (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 09/18/2009) | |||
| 2009-11-02 | 31 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney Thomas Charles Richardson for Mallinckrodt Inc. and Liebel-Flarsheim Company. (APPROVED, FEE PAID 2-1-5004) (ehs, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 11/02/2009) | |||
| 2009-11-20 | 32 | 0 | NOTICE by Mallinckrodt Inc. re 20 MOTION to Dismiss Pursuant to Rule 12(b)(3) for Improper Venue or Alternatively to Stay Proceedings Pending a Ruling on the Plaintiffs' Motion to Transfer Filed in the Parallel Delaware Suit and Brief in Support Thereof MOTION to Dismiss Pursuant to Rule 12(b)(3) for Improper Venue or Alternatively to Stay Proceedings Pending a Ruling on the Plaintiffs' Motion to Transfer Filed in the Parallel Delaware Suit and Brief in Support Thereof (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Smith, Melissa) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 11/20/2009) | |||
| 2010-02-26 | 33 | 0 | REPORT AND RECOMMENDATIONS re 20 MOTION to Dismiss Pursuant to Rule 12(b)(3) for Improper Venue or Alternatively to Stay Proceedings Pending a Ruling on the Plaintiffs' Motion to Transfer Filed in the Parallel Delaware Suit and Brief in Support Thereof MOTION to Dismiss Pursuant to Rule 12(b)(3) for Improper Venue or Alternatively to Stay Proceedings Pending a Ruling on the Plaintiffs' Motion to Transfer Filed in the Parallel Delaware Suit and Brief in Support Thereof filed by Liebel-Flarsheim Company, Mallinckrodt Inc. Recommending that this Motion be DENIED.. Signed by Magistrate Judge Charles Everingham on 2/26/2010. (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 02/26/2010) | |||
| 2010-03-12 | 34 | 0 | Unopposed MOTION for Extension of Time to File Objections to Court's Report and Recommendation by Mallinckrodt Inc., Liebel-Flarsheim Company. (Attachments: # 1 Text of Proposed Order)(Smith, Melissa) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 03/12/2010) | |||
| 2010-03-16 | 35 | 0 | ORDER granting 34 Motion for Extension of Time to File Ojections to Report and Recommendation. Signed by Magistrate Judge Charles Everingham on 3/16/2010. (ch, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 03/16/2010) | |||
| 2010-03-16 | 36 | 0 | ***FILED IN ERROR, PLEASE IGNORE.***NOTICE by Liebel-Flarsheim Company, Mallinckrodt Inc. re 33 Report and Recommendations,, Defendants Objection to the Magistrate Judges Report and Recommendation that Defendants Motion to Dismiss or Alternatively to Stay this Action Should be Denied (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Ruttenberg, Guy) Modified on 3/17/2010 (sm, ). [Transferred from Texas Eastern on 4/9/2010.] (Entered: 03/16/2010) | |||
| 2010-03-18 | 37 | 0 | OBJECTION to 33 Report and Recommendations by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Ruttenberg, Guy) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 03/18/2010) | |||
| 2010-03-23 | 38 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney Christopher M Lawless for Liebel-Flarsheim Company,Christopher M Lawless for Mallinckrodt Inc.. (APPROVED, FEE PAID 2-1-5261) (ehs, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 03/23/2010) | |||
| 2010-03-23 | 39 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney Laura M Burson for Liebel-Flarsheim Company,Laura M Burson for Mallinckrodt Inc.. (APPROVED, FEE PAID 2-1-5261) (ehs, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 03/23/2010) | |||
| 2010-03-31 | 40 | 0 | ORDER ADOPTING REPORT AND RECOMMENDATIONS granting deft's motion to transfer. Signed by Judge T. John Ward on 3/31/10. (ehs, ) [Transferred from Texas Eastern on 4/9/2010.] (Entered: 03/31/2010) | |||
| 2010-04-09 | 41 | 0 | Record of case transferred in from District of Texas Eastern; Case Number in Other District: 2:09-cv-00124. Copy of Docket Sheet and original file (Entered: 04/09/2010) | |||
| 2010-04-09 | 42 | 0 | Local Counsel Letter sent. Notice of Compliance deadline set for 5/12/2010. (dzs, ) (Entered: 04/09/2010) | |||
| 2010-04-13 | 43 | 0 | MOTION for Extension of Time to File Answer or Motion to Clarify - filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: # 1 Text of Proposed Order)(Sharp, Melanie) (Entered: 04/13/2010) | |||
| 2010-04-15 | 44 | 0 | ORDER REFERRING CASE to Magistrate Judge Leonard P. Stark. Signed by Judge Joseph J. Farnan, Jr. on 4/15/2010. Motions referred to Leonard P. Stark.(nms) (Entered: 04/15/2010) | |||
| 2010-04-30 | 45 | 0 | RESPONSE to 43 MOTION for Extension of Time to File Answer or Motion to Clarify, filed by Acist Medical Systems Inc., E-Z-EM Inc.. (Matterer, Mary) Modified on 5/3/2010 (nms). (Entered: 04/30/2010) | |||
| 2010-05-03 | 46 | 0 | ORDER granting 43 MOTION for Extension of Time to File Answer or Motion to Clarify -- Reset Answer Deadlines: Liebel-Flarsheim Company answer due 5/12/2010; Mallinckrodt Inc. answer due 5/12/2010. Signed by Judge Leonard P. Stark on 5/3/10. (ntl) (Entered: 05/03/2010) | |||
| 2010-05-12 | 47 | 0 | MOTION to Dismiss Based upon or in the Alternative, to Stay - filed by Liebel-Flarsheim Company, Mallinckrodt Inc.. (Attachments: # 1 Text of Proposed Order, # 2 7.1.1 Statement)Motions referred to Leonard P. Stark.(Sharp, Melanie) (Entered: 05/12/2010) | |||
| 2010-06-01 | 48 | 0 | NOTICE of Voluntary Dismissal by Acist Medical Systems Inc., E-Z-EM Inc. as to Mallinckrodt, Inc. and Liebel-Flarsheim Company Without Prejudice (Matterer, Mary) (Entered: 06/01/2010) |