Case Details

CourtMiddle District of Florida
Docket number3:16-cv-00997
Date case filed2016-08-04
Date case closed
Date of latest filing2017-01-10
Assigned toJudge Marcia Morales Howard
Case cause28:1441 Notice of Removal-Wrongful Death
Nature of suit365 Personal Inj. Prod. Liability
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Robert N. Markland
Party type: Plaintiff
as the Personal Representative of the Estate of Carolyn S. Markland, Deceased
Attorney name: Bryan Scott Gowdy
Attorney Contact:
Creed & Gowdy, P.A.
865 May St
Jacksonville, FL 32210
904/350-0075
Fax: 904/350-0086
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Charles Wayne Alford
Attorney Contact:
Alford Law Group, PA
Suite 104
8833 Perimeter Park Blvd
Jacksonville, FL 32225
904/642-9899
Fax: 904/642-9987
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Charles Wayne Alford , Jr.
Attorney Contact:
Alford Law Group, PA
Suite 104
8833 Perimeter Park Blvd
Jacksonville, FL 32225
904/642-9899
Fax: 904/642-9877
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Meredith Ross
Attorney Contact:
Creed & Gowdy
865 May St
Jacksonville, FL 32204
904-350-0075
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Insys Therapeutics, Inc.
Party type: Defendant
a Delaware Corporation
Attorney name: Adam P. Schwartz
Attorney Contact:
Carlton Fields Jorden Burt, PA
4221 W Boy Scout Blvd Ste 1000
PO Box 3239
Tampa, FL 33601-3239
813/229-4336
Fax: 813/229-4133
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David J. Walz
Attorney Contact:
Carlton Fields Jorden Burt, PA
4221 W Boy Scout Blvd Ste 1000
PO Box 3239
Tampa, FL 33601-3239
813/223-7000
Fax: 813/229-4133
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jonathan Z. DeSantis
Attorney Contact:
Berger & Montague, PC
1622 Locust St
Philadelphia, PA 19103-6305
813/223-7000
Email: [email protected]
TERMINATED: 09/13/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mariko K. Shitama Outman
Attorney Contact:
Carlton Fields Jorden Burt, PA
4221 W Boy Scout Blvd Ste 1000
PO Box 3239
Tampa, FL 33601-3239
813/223-7000
Fax: 813/229-4133
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-08-04 Notice of RemovalNOTICE OF REMOVAL from Circuit Court, Fourth Judicial Circut, in and for Duval County, Florida, case number 162016CA4415-XXXMA filed in State Court on 7/1/2016. Filing fee $ 400, receipt number JaX21148 filed by Insys Therapeutics, Inc.. (Attachments: # 1 Exhibit State Court Record, # 2 Civil Cover Sheet)(BD) (Entered: 08/04/2016)
22016-08-04 ComplaintCOMPLAINT against Insys Therapeutics, Inc. with Jury Demand filed by Robert N. Markland. (Originally filed in State Court)(BD) (Entered: 08/04/2016)
32016-08-05 Related case order and track 2 noticeNOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 8/5/2016. (Attachments: # 1 Case Management Report Form, # 2 Consent Letter and Form)(JW) (Entered: 08/05/2016)
42016-08-09 NOTICE: Based upon the parties' filings, the Court is satisfied of the existence of subject matter jurisdiction over this action. (MHM) (Entered: 08/09/2016)
52016-08-12 Motion to dismissMOTION to Dismiss by Insys Therapeutics, Inc.. (Attachments: # 1 Exhibit 1 - Package insert, # 2 Exhibit 2 - Medication guide)(Schwartz, Adam) (Entered: 08/12/2016)
62016-08-18 Certificate of interested persons and corporate disclosure statementCERTIFICATE of interested persons and corporate disclosure statement re 3 Related case order and track 2 notice by Insys Therapeutics, Inc.. (Schwartz, Adam) (Entered: 08/18/2016)
72016-08-22 Motion for Leave to file documentUnopposed MOTION for leave to file Supplemental and/or Amended Motion to Dismiss by Insys Therapeutics, Inc.. (Schwartz, Adam) (Entered: 08/22/2016)
82016-08-24 Notice of appearanceNOTICE of Appearance by Mariko K. Shitama on behalf of Insys Therapeutics, Inc. (Shitama, Mariko) (Entered: 08/24/2016)
92016-08-24 Order on Motion for Leave to FileORDER granting, in part, and denying, in part, 7 Defendant's Unopposed Motion to File Supplemental and/or Amended Motion to Dismiss. Defendant shall have up to and including September 2, 2016, to file an amended motion to dismiss, which shall not exceed 32 pages. Signed by Judge Marcia Morales Howard on 8/24/2016. (JW) (Entered: 08/24/2016)
102016-08-24 Notice of appearanceNOTICE of Appearance by Bryan Scott Gowdy on behalf of Robert N. Markland (Gowdy, Bryan) (Entered: 08/24/2016)
112016-08-25 Motion for Extension of Time to File Response/ReplyMOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Robert N. Markland. (Gowdy, Bryan) (Entered: 08/25/2016)
122016-08-29 Motion to Withdraw as AttorneyUnopposed MOTION for Jonathan Z. DeSantis to withdraw as attorney by Insys Therapeutics, Inc.. (DeSantis, Jonathan) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 08/29/2016)
132016-08-30 Motion to extend timeJoint MOTION to extend time to conduct case management conference and submit case management report by Insys Therapeutics, Inc.. (Schwartz, Adam) (Entered: 08/30/2016)
142016-08-30 ENDORSED ORDER granting 11 the plaintiff's unopposed motion for an extension of time to respond to 5 the defendant's motion to dismiss. To the extent a response to that motion is required, the plaintiff must respond by September 19, 2016. Signed by Magistrate Judge Patricia D. Barksdale on 8/30/2016. (LG) (Entered: 08/30/2016)
152016-09-02 Motion to dismissAmended MOTION to Dismiss Complaint by Insys Therapeutics, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Schwartz, Adam) (Entered: 09/02/2016)
162016-09-13 ENDORSED ORDER granting 13 the parties' joint motion for an extension of time to conduct a case management conference and file a case management report. They must conduct a case management conference and file a case management report by September 27, 2016. Signed by Magistrate Judge Patricia D. Barksdale on 9/13/2016. (LG) (Entered: 09/13/2016)
172016-09-13 Order on Motion to Withdraw as AttorneyORDER granting 12 Jonathan DeSantis's motion to withdraw from representing the defendant, and permitting him to withdraw from representing the defendant in this case. Signed by Magistrate Judge Patricia D. Barksdale on 9/13/2016. (LG) (Entered: 09/13/2016)
182016-09-13 Case Management ReportCASE MANAGEMENT REPORT. (Alford, Charles) (Entered: 09/13/2016)
192016-09-13 Case Management ReportCORRECTED CASE MANAGEMENT REPORT. (Schwartz, Adam) Modified on 9/14/2016 to edit text (BD). (Entered: 09/13/2016)
202016-09-14 Case management and scheduling orderCASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Certificates of Interested Persons and Corporate Disclosure Statements due 10/3/2016. Notice regarding mediator and mediation date due 4/13/2018. Dispositive motions due by 3/30/2018. Conduct mediation hearing by 4/13/2018. Pretrial statement due by 7/16/2018. Final Pretrial Conference set for 7/23/2018 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 8/6/2018 at 09:30 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 9/14/2016. (Attachments: # 1 Mediation Report Form, # 2 Court Docket)(JW) (Entered: 09/14/2016)
20.1 Mediation Report Form
20.2 Court Docket
212016-09-14 Motion to extend timeMOTION to extend time to FILE RESPONSE TO DEFENDANT'S AMENDED MOTION TO DISMISS AND FOR LEAVE TO FILE A RESPONSE IN EXCESS OF 20 PAGES by Robert N. Markland. (Gowdy, Bryan) (Entered: 09/14/2016)
222016-09-15 ENDORSED ORDER granting 21 Plaintiff's Unopposed Motion for an Extension of Time to File Response to Defendant's Amended Motion to Dismiss and for Leave to File a Response in Excess of 20 Pages. Plaintiff shall have up to and including September 29, 2016, to file a response to Defendant's Amended Motion to Dismiss. The response shall not exceed 28 pages. Signed by Judge Marcia Morales Howard on 9/15/2016. (JW) (Entered: 09/15/2016)
232016-09-29 Response to motionRESPONSE to Motion re 15 Amended MOTION to Dismiss Complaint filed by Robert N. Markland. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Gowdy, Bryan) Modified on 9/30/2016 to edit text (BD). (Entered: 09/29/2016)
242016-09-30 Notice of appearanceNOTICE of Appearance by Meredith Ross on behalf of Robert N. Markland (Ross, Meredith) (Entered: 09/30/2016)
252016-09-30 OrderORDERED: To the extent that he requests relief from the Court, 23 Plaintiff's Response is denied without prejudice. See Order for details. Signed by Judge Marcia Morales Howard on 9/30/2016. (MHM) (Entered: 09/30/2016)
262016-10-05 Order to show causeORDER directing Charles Alford, Jr., Esquire, to show cause, by October 26, 2016, why he should not be terminated as counsel of record given his failure to apply for admission to practice in this Court. Signed by Magistrate Judge Patricia D. Barksdale on 10/5/2016. (LG) (Entered: 10/05/2016)
272016-10-13 Motion for Leave to file documentUnopposed MOTION for leave to file a Reply in Support of Its 15 Amended Motion to Dismiss by Insys Therapeutics, Inc.. (Schwartz, Adam) Modified on 10/13/2016 (to insert link BD). (Entered: 10/13/2016)
282016-10-17 Order on Motion for Leave to FileORDER granting 27 Defendant's Motion for Leave to File a Reply in Support of Amended Motion to Dismiss. Reply due October 25, 2016, and shall not exceed five pages. Signed by Judge Marcia Morales Howard on 10/17/2016. (JW) (Entered: 10/17/2016)
292016-10-21 Response to order to show causeRESPONSE TO ORDER TO SHOW CAUSE re 26 Order filed by Robert N. Markland. (Alford, Charles) Modified on 10/21/2016 to edit text (BD). (Entered: 10/21/2016)
302016-10-25 Memorandum in supportREPLY in support of 15 Amended Motion to dismiss filed by Insys Therapeutics, Inc.. (Schwartz, Adam) Modified on 10/25/2016 to edit text (BD). (Entered: 10/25/2016)
312016-10-31 Certificate of interested persons and corporate disclosure statementCERTIFICATE of interested persons and corporate disclosure statement by Robert N. Markland. (Alford, Charles) (Entered: 10/31/2016)
322016-11-22 ORDER discharging 26 the Court's order to show cause and permitting Charles Alford, Jr., Esquire, to continue to represent the plaintiff in this case. Signed by Magistrate Judge Patricia D. Barksdale on 11/22/2016. (LG) (Entered: 11/22/2016)
332016-12-30 Joint MOTION for Entry of a Non-Waiver Order Pursuant to Rule 502(d) of the Federal Rules of Evidence by Insys Therapeutics, Inc.. (Attachments: # 1 Exhibit A)(Schwartz, Adam) Modified on 12/30/2016 to edit text (BD). (Entered: 12/30/2016)
342017-01-04 ORDER granting 33 the parties' motion for the entry of a proposed non-waiver order and adopting [33-1] the proposed order, attached to this order. Signed by Magistrate Judge Patricia D. Barksdale on 1/4/2017. (Attachments: # 1 Non-waiver order) (LG) (Entered: 01/04/2017)
352017-01-10 NOTICE of Appearance by David J. Walz on behalf of Insys Therapeutics, Inc. (Walz, David) (Entered: 01/10/2017)
362017-03-03 NOTICE of Supplemental Authority in Support of its 15 Amended MOTION to Dismiss Complaint by Insys Therapeutics, Inc.. (Attachments: # 1 Exhibit 1 - Wolicki-Gables Opinion)(Walz, David) Modified on 3/6/2017 to edit text (BD). ***STRICKEN pursuant to Order 37 . Modified on 3/8/2017 to edit text (BD). (Entered: 03/03/2017)
372017-03-08 ORDER striking 36 Defendant's Notice of Supplemental Authority in Support of Its Amended Motion to Dismiss Plaintiff's Complaint. Signed by Judge Marcia Morales Howard on 3/8/2017. (JW) (Entered: 03/08/2017)
382017-03-08 SECOND NOTICE of Supplemental Authority in Support of its 15 Amended MOTION to Plaintiff's Dismiss Complaint, by Insys Therapeutics, Inc.. (Attachments: # 1 Exhibit 1)(Walz, David) Modified on 3/8/2017 to edit text (BD). (Entered: 03/08/2017)