H&C Animal Health, LLC v. CEVA Animal Health, LLC, 2:20-cv-02271 - CourtListener.com (2024)

COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-5153752.), filed by H&C Animal Health, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gotham, Colin) (Entered: 05/28/2020)

CIVIL COVER SHEET by Plaintiff H&C Animal Health, LLC. (Gotham, Colin) (Entered: 05/28/2020)

NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)

NOTICE OF DEFICIENCY - Designation of place of trial is missing. The filing party/attorney is directed to correct the deficiency immediately.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)

ENTRY OF APPEARANCE by David R. Schapker on behalf of H&C Animal Health, LLC. (Schapker, David) (Entered: 05/29/2020)

SUMMONS ISSUED as to CEVA Animal Health, LLC. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca)

DESIGNATION OF PLACE OF TRIAL filed by Plaintiff H&C Animal Health, LLC - trial to be held in Kansas City. (Schapker, David) (Entered: 05/29/2020)

SUMMONS RETURNED EXECUTED -- Personal by H&C Animal Health, LLC upon CEVA Animal Health, LLC served on 5/29/2020, answer due 6/19/2020 (Schapker, David) (Entered: 05/29/2020)

MOTION for attorney James E. Hartley to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5161361.) by Plaintiff H&C Animal Health, LLC (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 ECF Registration Form Pro Hac Vice Electronic Filing Registration Form)(Schapker, David) (Entered: 06/08/2020)

MOTION for attorney Eric G. Maxfield to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5161368.) by Plaintiff H&C Animal Health, LLC (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 ECF Registration Form Pro Hac Vice Electronic Filing Registration Form)(Schapker, David) (Entered: 06/08/2020)

MOTION for attorney Brandon T. Christensen to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5161373.) by Plaintiff H&C Animal Health, LLC (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 ECF Registration Form Pro Hac Vice Electronic Filing Registration Form)(Schapker, David) (Entered: 06/08/2020)

MOTION for attorney Paul D. Swanson to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5161374.) by Plaintiff H&C Animal Health, LLC (referred to Magistrate Judge Angel D. Mitchell) (Attachments: # 1 ECF Registration Form Pro Hac Vice Electronic Filing Registration Form)(Schapker, David) (Entered: 06/08/2020)

ORDER granting 6 Motion to Appear Pro Hac Vice of James E. Hartley for H&C Animal Health, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Angel D. Mitchell on 6/8/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jal) (Entered: 06/08/2020)

ORDER granting 7 Motion to Appear Pro Hac Vice of Eric G. Maxfield for H&C Animal Health, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Angel D. Mitchell on 6/8/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jal) (Entered: 06/08/2020)

ORDER granting 8 Motion to Appear Pro Hac Vice of Brandon T. Christensen for H&C Animal Health, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Angel D. Mitchell on 6/8/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jal) (Entered: 06/08/2020)

ORDER granting 9 Motion to Appear Pro Hac Vice of Paul D. Swanson for H&C Animal Health, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Angel D. Mitchell on 6/8/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jal) (Entered: 06/08/2020)

CLERKS ORDER EXTENDING TIME until 7/6/2020 for Defendant CEVA Animal Health, LLC to answer or otherwise plead. Signed by deputy clerk on 6/10/2020. (ca) (Entered: 06/10/2020)

CERTIFICATE OF SERVICE of Plaintiff's First Set of Requests for Production by H&C Animal Health, LLC. (Schapker, David) (Entered: 06/22/2020)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint (attorney) by Defendant CEVA Animal Health, LLC (referred to Magistrate Judge Angel D. Mitchell) (Colligan, Sean) (Entered: 06/26/2020)

ORDER granting 16 Defendant's Unopposed Motion for Extension of Time to Answer. For good cause shown, the court extends the deadline for defendant to answer or otherwise response to plaintiff's complaint from July 6, 2020, to July 20, 2020. Signed by Magistrate Judge Angel D. Mitchell on 6/29/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh) (Entered: 06/29/2020)

INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 8/11/2020 at 11:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 7/21/2020. Report of Parties Planning Meeting deadline 8/4/2020. Rule 26 Initial Disclosures Deadline set for 8/4/2020. Signed by Magistrate Judge Angel D. Mitchell on 6/29/2020. (ht) (Entered: 06/29/2020)

CORPORATE DISCLOSURE STATEMENT by CEVA Animal Health, LLC identifying Ceva Sante Animale, S.A. as corporate parent . (Colligan, Sean) (Entered: 07/20/2020)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant CEVA Animal Health, LLC (Colligan, Sean) (Entered: 07/20/2020)

MEMORANDUM IN SUPPORT of 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant CEVA Animal Health, LLC(Colligan, Sean) (Entered: 07/20/2020)

MOTION to Stay Discovery by Defendant CEVA Animal Health, LLC (referred to Magistrate Judge Angel D. Mitchell) (Colligan, Sean) (Entered: 07/24/2020)

MEMORANDUM IN SUPPORT of 22 MOTION to Stay Discovery Pending Resolution of the Motion to Dismiss by Defendant CEVA Animal Health, LLC(Colligan, Sean) (Entered: 07/24/2020)

ORDER Regarding 23 Defendant's Motion to Stay Discovery. The court expedites briefing on this motion. Plaintiff's response is due by July 30, 2020, and is limited to seven pages. Because of the time-sensitive nature of the relief requested, no further briefing is allowed. Signed by Magistrate Judge Angel D. Mitchell on 7/27/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh) (Entered: 07/27/2020)

RESPONSE by Plaintiff H&C Animal Health, LLC re 22 Motion to Stay Discovery (Schapker, David) (Entered: 07/30/2020)

ORDER granting in part and denying in part 22 Motion to Stay Discovery. See text of order for details. The upcoming scheduling conference is converted to a status conference. Signed by Magistrate Judge Angel D. Mitchell on 8/3/2020. (bh) (Entered: 08/03/2020)

MEMORANDUM IN OPPOSITION by Plaintiff H&C Animal Health, LLC re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Gotham, Colin) (Entered: 08/10/2020)

MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: STATUS CONFERENCE held on 8/11/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht) (Entered: 08/11/2020)

ORDER Following Status Conference. By August 18, 2020, the parties shall submit a jointly prepared proposed preliminary scheduling order to the magistrate judge's chambers at ksd_mitchell_chambers@ksd.uscourts.gov. The court will convene a scheduling conference on September 2, 2020, at 10:00 a.m. by phone (888-363-4749; access code 3977627) to discuss limited case management activities to occur while plaintiff's motion to dismiss is pending. Signed by Magistrate Judge Angel D. Mitchell on 8/11/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh) (Entered: 08/11/2020)

MOTION for Leave to File Excess Pages Defendant's Motion for Leave to Exceed Page Limit for Its Reply Brief by Defendant CEVA Animal Health, LLC (Colligan, Sean) (Entered: 08/12/2020)

MOTION REFERRAL to Magistrate Judge REMOVED as to: 30 MOTION for Leave to File Excess Pages Defendant's Motion for Leave to Exceed Page Limit for Its Reply Brief. The motion will be resolved by the District Judge.(bh)

RESPONSE by Plaintiff H&C Animal Health, LLC re 30 Motion for Leave to File Excess Pages (Schapker, David) (Entered: 08/12/2020)

ORDER granting 30 Motion for Leave to File Excess Pages. Entered by District Judge John W. Broomes on 08/12/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr) (Entered: 08/12/2020)

MEMORANDUM AND ORDER granting in part and denying in part 20 Motion to Dismiss. Plaintiff's claims under the Sherman Act are dismissed. Plaintiff's claim under the Robinson-Patman Act is dismissed to the extent it is alleging price disc rimination based on rebates offered for Plaintiff's sales to the Pet Store Channel customers. Plaintiff's claim of breach of good faith is dismissed to the extent Plaintiff attempts to state a separate claim. As to the remaining claim under the Robinson-Patman Act alleging price discrimination in sales to Plaintiff and Defendant's Ecommerce customers, Defendant's motion is denied. Defendant's motion to dismiss Plaintiff's remaining claims is denied. Signed by District Judge John W. Broomes on 10/30/2020. (mam)

Joint NOTICE of Report of the Parties Planning Conference by CEVA Animal Health, LLC (Smith, Victoria) (Entered: 11/06/2020)