GUNVALSON et al v. PTC THERAPEUTICS, INC.

Plaintiffs Cheri and John Gunvalson, parents of Jacob Gunvalson, sought an order requiring Defendant PTC Therapeutics, Inc. to permit Jacob to participate as a protocol exception in the Phase IIa study extension for PTC124 for Duchenne Muscular Dystrophy. Alternatively, Plaintiffs sought an order that Defendant make available PTC124 to Jacob's pediatrician.
Plaintiffs:JACOB GUNVALSON and CHERI AND JOHN GUNVALSON
Defendants:PTC THERAPEUTICS, INC.
 
Case Number:2:2008cv03559
Filed:July 16, 2008
 
Court:New Jersey District Court
Office:Contract: Other Office [ Court Info ]
County:Middlesex
Presiding Judge:Judge William J. Martini
Referring Judge:Magistrate Judge Mark Falk
 
Nature of Suit:Contract - Other Contract
Cause:Diversity
Jurisdiction:Diversity
Jury Demanded By:28:1332 Diversity-Breach of Contract
Date Filed # Docket Text
July 16, 2008 1 COMPLAINT against PTC THERAPEUTICS, INC. ( Filing fee $ 350 receipt number 2094339.) Jury Demand, filed by JACOB GUNVALSON, CHERI AND JOHN GUNVALSON(AS GUARDIANS FOR JACOB GUNVALSON), CHERI AND JOHN GUNVALSON(INDIVIDUALLY). (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(ld, ) (Entered: July 18, 2008)
July 18, 2008 2 NOTICE of Appearance by JAKOB BENJAMIN HALPERN on behalf of JACOB GUNVALSON, CHERI AND JOHN GUNVALSON(AS GUARDIANS FOR JACOB GUNVALSON), CHERI AND JOHN GUNVALSON(INDIVIDUALLY) (HALPERN, JAKOB) (Entered: July 18, 2008)
July 21, 2008 3 Summons Issued as to PTC THERAPEUTICS, INC.. Days Due - 20. (SUMMONS MAILED TO COUNSEL) (ld, ) (Entered: July 21, 2008)
July 28, 2008 4 SUMMONS Returned Executed by JACOB GUNVALSON, CHERI AND JOHN GUNVALSON(AS GUARDIANS FOR JACOB GUNVALSON), CHERI AND JOHN GUNVALSON(INDIVIDUALLY). PTC THERAPEUTICS, INC. served on 7/23/2008, answer due 8/12/2008. (WOLIN, MARC) (Entered: July 28, 2008)
July 28, 2008 5 MOTION for Preliminary Injunction by JACOB GUNVALSON, CHERI AND JOHN GUNVALSON(AS GUARDIANS FOR JACOB GUNVALSON), CHERI AND JOHN GUNVALSON(INDIVIDUALLY). (Attachments: # 1 Brief of Plaintiffs in Support of a Preliminary Injunction, # 2 Declaration of Cheri Gunvalson, # 3 Declaration of Dr. John Parkin, # 4 Declaration of Mike Hatch, # 5 Declaration of Jakob B. Halpern, # 6 Text of Proposed Order for a Preliminary Injunction, # 7 Certificate of Service)(WOLIN, MARC) (Entered: July 28, 2008)
July 28, 2008 6 MOTION for Leave to Appear Pro Hac Vice on behalf of Michael A. Hatch by JACOB GUNVALSON, CHERI AND JOHN GUNVALSON(AS GUARDIANS FOR JACOB GUNVALSON), CHERI AND JOHN GUNVALSON(INDIVIDUALLY). (Attachments: # 1 Certification of Marc E. Wolin, # 2 Declaration of Michael A. Hatch, # 3 Text of Proposed Order, # 4 Certificate of Service)(WOLIN, MARC) (Entered: July 28, 2008)
July 28, 2008   Set Deadlines as to 6 MOTION for Leave to Appear Pro Hac Vice on behalf of Michael A. Hatch, 5 MOTION for Preliminary Injunction. Motion Hearing set for 9/2/2008 10:00 AM before Judge William J. Martini. (nr, )(PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: July 31, 2008)
July 29, 2008 7 NOTICE of Appearance by KENNETH R. MEYER on behalf of PTC THERAPEUTICS, INC. (MEYER, KENNETH) (Entered: July 29, 2008)
July 30, 2008   Set Deadlines as to 5 MOTION for Preliminary Injunction. Responses due by 8/11/2008 Replies due by 8/14/2008. Motion Hearing set for 8/19/2008 10:00 AM before Judge William J. Martini. (gh, ) (Entered: July 30, 2008)
August 1, 2008 8 ORDER granting 6 Motion for Michael A. Hatch to Appear Pro Hac Vice. Signed by Magistrate Judge Mark Falk on 08/01/2008. (nr, ) (Entered: August 1, 2008)
August 5, 2008 10 ORDER on informal application granting pro hac vice admission of John J. Lavelle. Signed by Magistrate Judge Mark Falk on 08/05/2008. (nr, ) (Entered: August 6, 2008)
August 5, 2008 11 ORDER granting application for pro hac vice admission of Elizabeth M. Zito. Signed by Magistrate Judge Mark Falk on 08/05/2008. (nr, ) (Entered: August 6, 2008)
August 6, 2008 9 Letter from Marc E. Wolin. (WOLIN, MARC) (Entered: August 6, 2008)
August 7, 2008 12 Letter from Kenneth Meyer. (MEYER, KENNETH) (Entered: August 7, 2008)
August 7, 2008   Pro Hac Vice fee: $ 150, receipt number 200353098 re Michael A. Hatch (nr, ) (Entered: August 7, 2008)
August 7, 2008 13 Notice of Request by Pro Hac Vice Michael A. Hatch to receive Notices of Electronic Filings. (HALPERN, JAKOB) (Entered: August 7, 2008)
August 7, 2008   Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 8/7/2008. (drc, ) (Entered: September 3, 2008)
August 8, 2008 14 APPLICATION/PETITION for Extension of Time to Answer for by PTC THERAPEUTICS, INC.. (MEYER, KENNETH) (Entered: August 8, 2008)
August 8, 2008 15 Letter from Kenneth Meyer. (MEYER, KENNETH) (Entered: August 8, 2008)
August 11, 2008   CLERKS TEXT ORDER - The Application for a Clerks Order Extending Time to Answer - Document 8 submitted by K. MEYER on 8/8/2008 has been GRANTED. The answer due date has been set for 8/27/2008. (nr, ) (Entered: August 11, 2008)
August 12, 2008 16 MEMORANDUM in Opposition re 5 MOTION for Preliminary Injunction filed by PTC THERAPEUTICS, INC.. (Attachments: # 1 Affidavit Langdon L. Miller, M.D., # 2 Affidavit Stuart W. Peltz, Ph.D., # 3 Affidavit Claudia Hirawat, # 4 Affidavit Diane M. Goetz, # 5 Declaration Patricia Furlong, # 6 Declaration Richard Finkel, M.D., # 7 Declaration Jonathan D. Moreno, Ph.D.)(MEYER, KENNETH) (Entered: August 12, 2008)
August 13, 2008 17 Letter from Kenneth Meyer re 16 Memorandum in Opposition of Motion, 5 MOTION for Preliminary Injunction. (MEYER, KENNETH) (Entered: August 13, 2008)
August 15, 2008 18 REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by JACOB GUNVALSON, CHERI AND JOHN GUNVALSON(AS GUARDIANS FOR JACOB GUNVALSON), CHERI AND JOHN GUNVALSON(INDIVIDUALLY). (Attachments: # 1 Declaration of Marc E. Wolin, # 2 Declaration of Mark Anderson, # 3 Declaration (Supplemental) of Cheri Gunvalson, # 4 Certificate of Service)(WOLIN, MARC) (Entered: August 15, 2008)
August 18, 2008 19 AFFIDAVIT in Opposition re 5 MOTION for Preliminary Injunction Supplemental Declaration of Langdon L. Miller, M.D. filed by PTC THERAPEUTICS, INC.. (MEYER, KENNETH) (Entered: August 18, 2008)
August 18, 2008   Pro Hac Vice fee as to John J. Lavelle and Elizabeth M. Zito: $ 300.00, receipt number 353236 (jd, ) (Entered: August 18, 2008)
August 19, 2008 20 Minute Entry for proceedings held before Judge William J. Martini: Motion Hearing held on 8/19/2008 re 5 MOTION for Preliminary Injunction filed by CHERI AND JOHN GUNVALSON, JACOB GUNVALSON. (Court Reporter/Recorder Walter Perelli.) (gh, ) (Entered: August 20, 2008)
August 20, 2008 21 Minute Entry for proceedings held before Judge William J. Martini: Motion Hearing continued on 8/20/2008 re 5 MOTION for Preliminary Injunction. Ordered motiong granted. (Letter Opinion and Order to be submitted) (Court Reporter/Recorder Walter Perelli.) (gh, ) (Entered: August 20, 2008)
August 21, 2008 22 Letter from Plaintiffs' counsel enclosing the parties' Joint Proposed Form of Order. (Attachments: # 1 Text of Proposed Order)(WOLIN, MARC) (Entered: August 21, 2008)
August 21, 2008 23 LETTER OPINION (Preliminary Injunction). Signed by Judge William J. Martini on 8/21/08. (gh, ) (Entered: August 21, 2008)
August 21, 2008 24 ORDER granting 5 Motion for Preliminary Injunction, etc. Signed by Judge William J. Martini on 8/21/08. (gh, ) (Entered: 08/21/2008)
August 22, 2008 25 NOTICE OF APPEAL as to 24 Order on Motion for Preliminary Injunction, 23 Opinion by PTC THERAPEUTICS, INC.. Filing fee $ 455, receipt number 03120000000002152540. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (MEYER, KENNETH) (Entered: August 22, 2008)
August 25, 2008 28 USCA Case Number 08-3575 for 25 Notice of Appeal (USCA), Notice of Appeal (USCA) filed by PTC THERAPEUTICS, INC.. USCA Case Manager Shannon Craven (Document Restricted - Court Only) (ca3mb, ) (Entered: December 1, 2008)
August 27, 2008 26 TRANSCRIPT filed for dates of August 19 & 20, 2008 before Judge Martini, Court Reporter/Recorder: Walter J. Perelli. (ji, ) (Entered: August 27, 2008)
August 28, 2008 27 CONSENT ORDER staying the time for PTC Therapeutics to answer the complt. pending the tird circuit Court of appeals disposition; staying discovery. Signed by Magistrate Judge Mark Falk on 08/28/2008. (nr, ) (Entered: August 29, 2008)
December 22, 2008 29 Letter from Kenneth R. Meyer. (MEYER, KENNETH) (Entered: December 22, 2008)
December 22, 2008 30 CONSENT ORDER extending deft. PTC Therapeutic's time to file an answer. Signed by Magistrate Judge Mark Falk on 12/21/2008. (nr, ) (Entered: December 24, 2008)
March 12, 2009 31 NOTICE of Voluntary Dismissal by JACOB GUNVALSON, CHERI AND JOHN GUNVALSON(AS GUARDIANS FOR JACOB GUNVALSON), CHERI AND JOHN GUNVALSON(INDIVIDUALLY) (Attachments: # 1 Certificate of Service)(WOLIN, MARC) (Entered: March 12, 2009)
March 13, 2009   ***Civil Case Terminated. (gh, ) (Entered: March 13, 2009)
April 7, 2009 32 MANDATE of USCA as to 25 Notice of Appeal (USCA), Notice of Appeal (USCA) filed by PTC THERAPEUTICS, INC. (Attachments: # 1 letter, # 2 opinion)(Craven, Shannon) (Entered: April 7, 2009)
April 8, 2009   Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 4/7/09. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (ji, ) (Entered: April 8, 2009)
Docket Report Last Checked: December 17, 2009 13:34:17 PST
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Plaintiff: JACOB GUNVALSON
Represented By: JAKOB BENJAMIN HALPERN, MARC E. WOLIN
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Plaintiff: CHERI AND JOHN GUNVALSON
Represented By: JAKOB BENJAMIN HALPERN, MARC E. WOLIN, JAKOB BENJAMIN HALPERN, MARC E. WOLIN
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Defendant: PTC THERAPEUTICS, INC.
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