Thursday, June 27, 2013

Copy of Proposed Consent Decree for Permanent Injunctive Relief in FDA v. Med Prep Consulting Regarding Permanent Injunction--showing agreement between FDA and Med Prep

can be viewed here.  It appears that Med Prep and the FDA have agreed to the terms and conditions stated in the proposed consent decree.  The court will most likely sign the order as is, but it is free to reject it or parts of it in some circumstances.  As can be seen from reading this proposed consent decree for permanent injunctive relief, there are various requirements for Med Prep to do as corrective action.  Thus, showing the reports of the FDA permanently putting Med Prep out of business are exaggerated.  As noted in paragraphs 13-15 the requirement of who Med Prep must provide a copy of the decree to, including subsequently people associated with or people who buy Med Prep.

Other Actions for Junk Faxes Filed by Dr. Mark W. Sturdy


In previous post found here, the case against Lowlite Investments Inc d/b/a Olympia Pharmacy was highlighted.  It appears the other actions previously filed by Dr. Mark W. Sturdy resulted in dismissals.

Mark W Sturdy is a party in 3 cases.

3:11-cv-03430-RM-BGCDr. Mark W. Sturdy d/b/a Rochester Veterinary Clinic v. WM Healthcare Solutions, Inc. et alfiled 12/01/11   closed 01/15/13
3:11-cv-03452-RM-BGCDr. Mark W. Sturdy d/b/a Rochester Veterinary Clinic v. ALLACCEM, Inc. et alfiled 12/30/11   closed 04/18/12
3:13-cv-03126-RM-BGC

Dr Mark W Sturdy v. Lowlite Investments Incfiled 04/30/13


Update on Status of Dr. Mark W. Sturdy v. Lowlite Investments d/b/a/ Olympia Pharmacy--junck faxes from compounding pharmacies

Defendant
John Does 1-10

Date Filed#Docket Text
04/30/20131 COMPLAINT against John Does 1-10, Lowlite Investments, Inc., d/b/a Olympia Pharmacy ( Filing fee $ 350 receipt number 0753-1579273.), filed by Dr. Mark W. Sturdy d/b/a Rochester Veterinary Clinic. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons)(Edelman, Daniel) (Entered: 04/30/2013)
04/30/20132 NOTICE of Appearance of Attorney by Daniel A Edelman on behalf of Dr. Mark W. Sturdy d/b/a Rochester Veterinary Clinic (Edelman, Daniel) (Entered: 04/30/2013)
04/30/20133 NOTICE of Appearance of Attorney by Dulijaza Julie Clark on behalf of Dr. Mark W. Sturdy d/b/a Rochester Veterinary Clinic (Clark, Dulijaza) (Entered: 04/30/2013)
04/30/20134 MOTION to Certify Class by Plaintiff Dr. Mark W. Sturdy d/b/a Rochester Veterinary Clinic. Responses due by 5/17/2013 (Edelman, Daniel) (Entered: 04/30/2013)
04/30/20135 MEMORANDUM in Support re 4 MOTION to Certify Class filed by Plaintiff Dr. Mark W. Sturdy d/b/a Rochester Veterinary Clinic. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Edelman, Daniel) (Entered: 04/30/2013)
04/30/20136 NOTICE of Appearance of Attorney by Michelle R Teggelaar on behalf of Dr. Mark W. Sturdy d/b/a Rochester Veterinary Clinic (Teggelaar, Michelle) (Entered: 04/30/2013)
04/30/20137 MOTION to Continue and enter Plaintiff's Motion for Class Certification by Plaintiff Dr. Mark W. Sturdy d/b/a Rochester Veterinary Clinic. Responses due by 5/17/2013 (Clark, Dulijaza) (Entered: 04/30/2013)
05/02/2013  TEXT ORDER by Magistrate Judge Byron Cudmore: Plaintiff's Motion to Enter and Continue Plaintiff's Motion for Class Certification 7 ALLOWED in that Plaintiff's Motion for Class Certification 4 will remain of record and taken under advisement until the parties are at issue. The ECF response date from Motion 4 is stricken. Plaintiff to take steps to serve Defendants. (LB, ilcd) (Entered: 05/02/2013)
05/15/20138 Summons Issued as to Lowlite Investments Inc.. Original returned to attorney for service. (MJ, ilcd) (Entered: 05/15/2013)
06/07/20139 SUMMONS Returned Executed by Mark W Sturdy. Lowlite Investments Inc served on 5/30/2013, answer due 6/20/2013. (Clark, Dulijaza) (Entered: 06/07/2013)
06/19/201310 MOTION For Leave to Participate in Case While Application For Admission is Pending by Defendant Lowlite Investments Inc. Responses due by 7/8/2013 (Tingley, Amy) (Entered: 06/19/2013)
06/19/201311 Consent MOTION for Extension of Time to File Response/Reply to Class Action Complaint by Defendant Lowlite Investments Inc. Responses due by 7/8/2013 (Tingley, Amy) (Entered: 06/19/2013)
06/21/201312 ORDER by U.S. Magistrate Judge Byron Cudmore: Motion for Leave to Participate in Case While Application for Admission is Pending 10 ALLOWED in part. See written order. (LB, ilcd) (Entered: 06/21/2013)
06/21/2013  TEXT ORDER by Magistrate Judge Byron Cudmore: Motion for Extension of Time to File Answer or Other Response to Class Action Complaint 11 ALLOWED without objection. Extension granted to 7/5/2013. (LB, ilcd) (Entered: 06/21/2013)

other post here and here

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