`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`______________________________
`SENJU PHARMACEUTICAL CO., LTD.,
`BAUSCH & LOMB, INC., and
`BAUSCH & LOMB PHARMA CORP.,
`Plaintiffs,
`
`vs.
`
`METRICS, INC., COASTAL
`PHARMACEUTICALS, INC., MAYNE
`PHARMA GROUP LIMITED, and
`MAYNE PHARMA (USA), INC.
`
`CIVIL ACTION
`NO. 14-3962 (JBS)
`
`Defendants.
`______________________________
`UNITED STATES COURTHOUSE
`ONE JOHN F. GERRY PLAZA
`4TH AND COOPER STREETS
`CAMDEN, NEW JERSEY 08101
`FRIDAY, OCTOBER 3, 2014
`
`B E F O R E:
`
`THE HONORABLE JEROME B. SIMANDLE
`CHIEF JUDGE
`UNITED STATES DISTRICT JUDGE
`
`A P P E A R A N C E S:
`
`PEPPER HAMILTON, LLP
`BY: MELISSA ANNE CHUDEREWICZ, ESQUIRE
`301 Carnegie Center
`Suite 400
`Princeton, New Jersey 08543-5276
`(609) 452-0808
`chuderewiczm@pepperlaw.com
`ATTORNEYS FOR PLAINTIFFS
`
`LISA MARCUS, RMR, CRR
`CERTIFICATE # 1492
`OFFICIAL U. S. REPORTER
`
`United States District Court
`Camden, New Jersey
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`Metrics EX 1056, Page 001
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`THE COURT: So next Thursday would be October 9th for
`the supplemental brief of the defendant. And then six days
`after that would be the 15th for the supplemental brief of the
`plaintiff. And I will enter an Order with these kind of
`bookkeeping dates in it. And the issue, of course, just so
`the record is not confused, is any additional case citations
`that support or negate the proposition that service upon the
`registered agent of an out of state corporation is sufficient
`to confer not only service but also personal jurisdiction.
`Okay?
`
`MR. GAUDET: Nothing further from us, your Honor.
`Thank you.
`MR. HASFORD: Thank you, your Honor.
`THE COURT: All right. So where does that leave us
`with regard to Coastal Pharmaceuticals, Mayne Pharma Group
`Limited, and Mayne Pharma USA, Inc.?
`Let me ask a question of Mr. Hasford. Whether you're
`in agreement with the defendant's position that Coastal
`Pharmaceuticals is really not anything other than a d/b/a, do
`you agree with that?
`MR. HASFORD: Well, it appears, your Honor, that
`they've conceded that Costal Pharmaceuticals is a d/b/a of
`Metrics. Coastal Pharmaceuticals is identified on documents
`that they submitted to the FDA in connection with their ANDA,
`so we may very well need discovery, jurisdictional discovery
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`United States District Court
`Camden, New Jersey
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`Metrics EX 1056, Page 002
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`30
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`to determine the full extent of the relationship there.
`THE COURT: Well, I think that the defendants are
`saying, Mr. Gaudet, correct me if I am wrong, that Coastal
`Pharmaceuticals is not a juridical party, it's not anything
`other than a trade name.
`Is that right?
`MR. GAUDET: That's correct, your Honor. The only
`type of registration that we're aware of is a registration to
`do business in certain states under the trade name but
`referencing back to Metrics, Inc., which is the jurisdictional
`capable party, so to speak, and so our view is simply Coastal
`Pharmaceuticals would necessarily rise and fall with Metrics,
`Inc.
`
`THE COURT: And you're representing it's not
`incorporated in any state?
`MR. GAUDET: Yes, your Honor.
`MR. HASFORD: So we're fine with that, your Honor.
`They've represented that Coastal is a d/b/a of Metrics and
`we're fine with that representation as being one and the same.
`THE COURT: So may I enter an Order that dismisses
`without prejudice the claims against Coastal Pharmaceuticals
`without prejudice to pursuing any such claims against Metrics?
`MR. HASFORD: Of course.
`THE COURT: Or language to that effect.
`MR. HASFORD: With the understanding, your Honor,
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`United States District Court
`Camden, New Jersey
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`Metrics EX 1056, Page 003
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`31
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`that Metrics is in fact Coastal. In other words, we would --
`if your Honor entered that kind of an order, we would want to
`ensure that Coastal remained bound by any judgment as to
`Metrics as though they're one and the same.
`THE COURT: Well, does Metrics agree that Coastal is
`a trade name for Metrics?
`MR. GAUDET: Yes. As a d/b/a, absolutely. And, your
`Honor, if there were some judgment, it would certainly cover,
`you know, certainly entity in privity, in fact the same
`entity, so we don't have any problem with relief ultimately
`reaching Coastal Pharmaceuticals as well to the extent that
`that is something that one can even speak of.
`MR. HASFORD: We're fine with that, your Honor.
`THE COURT: Then any relief against Metrics would
`reach Coastal as well. And, of course, the Court is accepting
`the defense representation that Coastal is not incorporated in
`any state. And so I will enter an Order that hopefully will
`clarify things. It means we're down to three parties
`defendant in this case, we have Metrics, Inc., Mayne Pharma
`Group Limited, and Mayne Pharma USA, Inc. It seems that
`there's no further discovery needed as to Metrics, Inc., it's
`a legal issue.
`Should we put the discovery question aside until I
`decide the Metrics issue?
`MR. GAUDET: Your Honor, that would very much be our
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`United States District Court
`Camden, New Jersey
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`Metrics EX 1056, Page 004
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`99
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`C E R T I F I C A T E
`
`I, LISA MARCUS, Official Court Reporter for the
`United States District Court for the District of New Jersey,
`Certified Shorthand Reporter and Notary Public of the State of
`New Jersey, do hereby certify that the foregoing is a true and
`accurate transcription of my original stenographic notes to
`the best of my ability of the matter hereinbefore set forth.
`
`S/Lisa Marcus, CSR
`LISA MARCUS
`Official U. S. Reporter
`N.J. Certificate No. XIO1492
`
`DATE: October 7, 2014
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`United States District Court
`Camden, New Jersey
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`Metrics EX 1056, Page 005