Meggiolaro v. Lagniappe Pharmacy Services, et al
| Mary Alice Meggiolaro |
| Lagniappe Pharmacy Services, Transaction Data Systems Inc doing business as RX 30, John Does 1 through 4 and System Training Specialists, Inc. |
| 1:2017cv00470 |
| April 26, 2017 |
| US District Court for the District of Delaware |
| Wilmington Office |
| XX US, Outside State |
| Vacant Judgeship (2017) |
| Christopher J Burke |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 Americans with Disabilities Act |
| Defendant |
Docket Report
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This docket was last retrieved on February 5, 2018. A more recent docket listing may be available from PACER.
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| CASE CLOSED (dlb) |
SO ORDERED D.I. #44 Stipulation of Dismissal filed by Mary Alice Meggiolaro. Ordered by Judge Christopher J. Burke on 2/5/2018. (dlb)
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| Filing 44 STIPULATION of Dismissal with Prejudice by Mary Alice Meggiolaro. (Holly, Timothy) |
| Filing 43 NOTICE of Appearance by Jason J. Cummings on behalf of Lagniappe Pharmacy Services, System Training Specialists, Inc. (Cummings, Jason) |
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Filing 42
ORDER Setting Mediation Conferences A Mediation Conference is set for 11/30/2017 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 10/20/2017. (dlb)
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| Filing 41 NOTICE of Appearance by Melissa Lynn Rhoads on behalf of Lagniappe Pharmacy Services, System Training Specialists, Inc. (Attachments: #1 Certificate of Service)(Rhoads, Melissa) |
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Filing 40
ORDER Setting Mediation Conference: A Telephone Conference is set for 10/16/2017 at 10:15 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 9/25/2017. (dlb)
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| Filing 39 INITIAL DISCLOSURES pursuant to Rule 26 filed by Lagniappe Pharmacy Services, System Training Specialists, Inc.. (Attachments: #1 Certificate of Service)(Cottrell, Paul) |
| Pro Hac Vice Attorney Stefani C. Schwartz for Lagniappe Pharmacy Services added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
| Filing 38 NOTICE OF SERVICE of Plaintiff Mary Alice Meggiolaro's Initial Disclosures Under Rule 26 filed by Mary Alice Meggiolaro.(Holly, Timothy) |
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Filing 37
SCHEDULING ORDER: Joinder of Parties due by 12/11/2017. Amended Pleadings due by 12/11/2017. Discovery due by 5/14/2018. Status Report due by 12/11/2017. Dispositive Motions due by 9/17/2018. A Pretrial Conference is set for 12/5/2018 at 11:00 AM before Vacant Judgeship (2017). A Jury Trial is set for 1/7/2019 at 09:30 AM before Vacant Judgeship (2017). See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 8/16/2017. (dlb)
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ORAL ORDER: With the parties having no disputes as to the form of the proposed Scheduling Order (D.I. 37), the Court has today entered that Order. To the extent that either party wishes the Court to schedule an in-person or telephonic Case Management Conference at this time, they should so inform the Court by letter. To the extent that the parties do not do so, the Court will not set a conference at this time. In the Scheduling Order, the Court has entered dates for the pre-trial conference and trial. If the parties jointly consent to have a Magistrate Judge conduct all proceedings in the case, including trial, then Judge Burke will enter these pre-trial conference and trial dates onto his calendar and honor them. Otherwise, at some point in the future a District Judge will be assigned the case for trial, and whether the pre-trial conference and trial dates in the current schedule will stand will depend on the availability of those dates on the District Judge's calendar. Ordered by Judge Christopher J. Burke on 8/16/2017. (dlb)
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| CASE REFERRED to Magistrate Judge Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (dlb) |
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Filing 36
PROPOSED ORDER Joint Scheduling Order re Oral Order,,, on July 13, 2017, by Judge Christopher J. Burke by Mary Alice Meggiolaro. (Holly, Timothy)
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| Filing 35 ANSWER to Amended Complaint, re: #33 Amended Complaint with Demand For Trial By Jury by Lagniappe Pharmacy Services, System Training Specialists, Inc.. (Attachments: #1 Certificate of Service)(Cottrell, Paul) |
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ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer regarding the content of a proposed Scheduling Order, and shall submit such a proposed Scheduling Order to the Court no later than thirty (30) days from the date of this Order. The parties should review Judge Burkes form Rule 16 Scheduling Order Non Patent, which can be found on Judge Burkes portion of the District Court's website under the Forms tab: (www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke). If there are disputed issues between the parties regarding the content of the Scheduling Order, the parties should note those areas of dispute in the proposed Scheduling Order, along with their proposals for the language the Court should adopt as to that issue. In addition, the parties may each separately file a letter (of no more than two single-spaced pages) setting forth their position as to these disputed issues. Ordered by Judge Christopher J. Burke on 7/13/2017. (dlb)
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SO ORDERED D.I. #34 STIPULATION TO EXTEND TIME To Answer Complaint to July 14, 2017 filed by System Training Specialists, Inc., Lagniappe Pharmacy Services. Ordered by Judge Christopher J. Burke on 7/3/2017. (dlb)
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| Filing 34 STIPULATION TO EXTEND TIME To Answer Complaint to July 14, 2017 - filed by Lagniappe Pharmacy Services, System Training Specialists, Inc.. (Cottrell, Paul) |
| Filing 33 Second AMENDED COMPLAINT against John Does 1 through 4, Lagniappe Pharmacy Services, System Training Specialists, Inc.- filed by Mary Alice Meggiolaro.(Holly, Timothy) |
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SO ORDERED D.I. #31 MOTION for Pro Hac Vice Appearance of Attorney Ronald T. Nagle filed by Mary Alice Meggiolaro. Ordered by Judge Christopher J. Burke on 6/22/2017. (mlc)
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| Filing 32 STIPULATION Amend Complaint re #16 Amended Complaint, Oral Order,,,, by Mary Alice Meggiolaro. (Holly, Timothy) |
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SO ORDERED D.I. #32 Stipulation to Amend Complaint filed by Mary Alice Meggiolaro. Ordered by Judge Christopher J. Burke on 6/15/2017. (dlb)
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| Filing 31 MOTION for Pro Hac Vice Appearance of Attorney Ronald T. Nagle - filed by Mary Alice Meggiolaro. (Attachments: #1 Certification of Ronald T. Nagle, #2 Proposed Order)Motions referred to Christopher J. Burke.(Holly, Timothy) |
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SO ORDERED D.I. #29 MOTION for Pro Hac Vice Appearance of Attorney Stefani C Schwartz filed by Transaction Data Systems Inc, Lagniappe Pharmacy Services. Ordered by Judge Christopher J. Burke on 6/8/2017. (dlb)
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ORAL ORDER: The Court, having reviewed the parties' joint June 2, 2017 letter, (D.I. 30), hereby ORDERS that by no later than June 15, 2017, the parties shall meet and confer regarding Plaintiff's wish to file a second amended complaint. By that same date: (1) if Defendants consent to the filing of such a complaint, the parties shall file a stipulation in which the parties agree that Plaintiff shall file a second amended complaint by an agreed-upon date; or (2) if Defendants do not consent, Plaintiff shall file a motion for leave to amend the first amended complaint. Plaintiff's motion shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three single-spaced (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a blackline comparison to the prior pleading. Within seven (7) days after the filing of a motion in compliance with this Order, Defendants shall file a responsive letter, not to exceed five single-spaced (5) pages. Within three (3) days thereafter, Plaintiff may file a reply letter, not to exceed two (2) single-spaced pages. Ordered by Judge Christopher J. Burke on 6/8/2017. (dlb)
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| Filing 30 Letter to The Honorable Christopher J. Burke from Timothy M. Holly, Esquire regarding statement from joint counsel identifying all pending matters which require judicial action pursuant to Local Rule 81.2 - re Oral Order,,,. (Holly, Timothy) |
| REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb) |
| Remark: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb) |
| Filing 29 MOTION for Pro Hac Vice Appearance of Attorney Stefani C Schwartz - filed by Lagniappe Pharmacy Services, Transaction Data Systems Inc. (Attachments: #1 Certification, #2 Proposed Order, #3 Certificate of Service)Motions referred to Christopher J. Burke.(Cottrell, Paul) |
| Filing 28 NOTICE of Appearance by Timothy Michael Holly on behalf of Mary Alice Meggiolaro (Holly, Timothy) |
| Filing 27 NOTICE of Appearance by Paul Cottrell on behalf of Lagniappe Pharmacy Services, Transaction Data Systems Inc (Cottrell, Paul) |
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Documents from transfer court terminated: #17 , #10 filed by Transaction Data Systems Inc, Lagniappe Pharmacy Services, #9 filed by Transaction Data Systems Inc, Lagniappe Pharmacy Services. Ordered by Judge Christopher J. Burke on 5/9/2017. (dlb)
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ORAL ORDER: Pursuant to Local Rule 81.2, in any case transferred to this Court, within 21 days of the filing of the case with the Clerk, the parties shall submit a statement identifying all pending matters which require judicial action. Pursuant to this Rule, the parties shall submit a joint letter that provides the Court with: (1) a summary of the status of the case; and (2) the parties' respective positions on how the Court should proceed, including whether a case schedule should be set, whether any motions that were pending in the transferor court will be re-filed here, and whether the Court should take any other action at this time. In accordance with this Rule, the joint letter is due by May 17, 2017, but if all parties do not have Delaware counsel by that date, they may submit the letter by no later than June 2, 2017. Ordered by Judge Christopher J. Burke on 5/5/2017. (mlc)
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| Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb) |
| CASE REFERRED to Magistrate Judge Christopher J. Burke. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb) |
| Filing 26 Local Counsel Letter sent. Notice of Compliance deadline set for 5/30/2017. (jcs) |
| Filing 25 Record of case transferred in from District of New Jersey; Case Number in Other District: 2:16-cv-03407. Copy of Docket Sheet and original file |
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Filing 24
ORDER granting Defendants' #18 Motion to Change Venue to the District of Delaware. The Clerk should not transfer this case for 14 days. Signed by Magistrate Judge Mark Falk on 04/10/2017. (ek) [Transferred from New Jersey on 4/26/2017.]
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| Filing 23 OPINION. Signed by Magistrate Judge Mark Falk on 04/10/2017. (ek) [Transferred from New Jersey on 4/26/2017.] |
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Filing 22
TEXT ORDER: Please be advised that the telephone conference before the Undersigned on January 24, 2017 is hereby cancelled. Kindly mark your calendars accordingly. So Ordered by Magistrate Judge Mark Falk on 1/12/17. (LM, ) [Transferred from New Jersey on 4/26/2017.]
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Filing 21
TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on January 24, 2017 at 3:00 p.m. Plaintiff's counsel is directed to arrange for the conference call. So Ordered by Magistrate Judge Mark Falk on 1/4/17. (LM, ) [Transferred from New Jersey on 4/26/2017.]
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| Filing 20 BRIEF Reply Letter Brief (SCHWARTZ, STEFANI) [Transferred from New Jersey on 4/26/2017.] |
| Filing 19 BRIEF in Opposition filed by MARY ALICE MEGGIOLARO re #18 MOTION to Change Venue (Attachments: #1 Certification of Mary Alice Meggiolaro)(NAGLE, RONALD) [Transferred from New Jersey on 4/26/2017.] |
| Filing 18 MOTION to Change Venue by LAGNIAPPE PHARMACY SERVICES. (Attachments: #1 Brief, #2 Certificate of Service, #3 Certification of Stefani C Schwartz, #4 Text of Proposed Order, #5 Exhibit A-H)(SCHWARTZ, STEFANI) [Transferred from New Jersey on 4/26/2017.] |
| Filing 17 Substitution of Attorney - Attorney JOSHUA SETH PASTER terminated. Attorney STEFANI C. SCHWARTZ for LAGNIAPPE PHARMACY SERVICES added.. (SCHWARTZ, STEFANI) [Transferred from New Jersey on 4/26/2017.] |
| Filing 16 AMENDED COMPLAINT against JOHN DOES 1 THROUGH 4, LAGNIAPPE PHARMACY SERVICES, TRANSACTION DATA SYSTEMS INC, filed by MARY ALICE MEGGIOLARO.(NAGLE, RONALD) [Transferred from New Jersey on 4/26/2017.] |
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Filing 15
ORDER granting #4 Motion to Dismiss; Plaintiff may file and amended complaint within 30 days of this Order ***CIVIL CASE TERMINATED. Signed by Judge William J. Martini on 9/29/16. (gh, ) [Transferred from New Jersey on 4/26/2017.]
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| Filing 14 OPINION. Signed by Judge William J. Martini on 9/29/16. (gh, ) [Transferred from New Jersey on 4/26/2017.] |
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Filing 13
ORDER granting Alan J. Marcuis, Esq. admission to appear pro hac vice, etc. Signed by Magistrate Judge Mark Falk on 8/15/2016. (seb) [Transferred from New Jersey on 4/26/2017.]
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| Filing 12 REPLY BRIEF to Opposition to Motion filed by LAGNIAPPE PHARMACY SERVICES, TRANSACTION DATA SYSTEMS INC re #4 MOTION to Dismiss / Notice of Motion to Dismiss (Attachments: #1 Certificate of Service)(PASTER, JOSHUA) [Transferred from New Jersey on 4/26/2017.] |
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Filing 11
ORDER granting admission for E. Adrienne Jackson to appear pro hac vice, etc. Signed by Magistrate Judge Mark Falk on 8/1/2016. (seb). [Transferred from New Jersey on 4/26/2017.]
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| Filing 10 Certification of Joshua Paster on behalf of LAGNIAPPE PHARMACY SERVICES, TRANSACTION DATA SYSTEMS INC. (Attachments: #1 Exhibit A - Certification of E. Adrienne Jackson, #2 Exhibit B, Certificate of Good Standing for E. Adrienne Jacksonin In Support of her Application for Admission pro hac vice, #3 Letter to Clerk of Court, #4 Text of Proposed Order)(PASTER, JOSHUA) [Transferred from New Jersey on 4/26/2017.] |
| Filing 9 Certification of Josua Paster on behalf of LAGNIAPPE PHARMACY SERVICES, TRANSACTION DATA SYSTEMS INC. (Attachments: #1 Exhibit A - Certification of Alan J. Marcuis, #2 Exhibit B, Certificate of Good Standing for Alan J. Marcuis in Support of his request for pro hac vice admission, #3 Letter to Clerk of the Court, #4 Text of Proposed Order)(PASTER, JOSHUA) [Transferred from New Jersey on 4/26/2017.] |
| Filing 8 BRIEF in Opposition filed by MARY ALICE MEGGIOLARO re #4 MOTION to Dismiss / Notice of Motion to Dismiss (NAGLE, RONALD) [Transferred from New Jersey on 4/26/2017.] |
| Filing 7 Corporate Disclosure Statement by TRANSACTION DATA SYSTEMS INC identifying Rx30 Holdings, LLC as Corporate Parent.. (PASTER, JOSHUA) [Transferred from New Jersey on 4/26/2017.] |
| Filing 6 Corporate Disclosure Statement by LAGNIAPPE PHARMACY SERVICES identifying System Training Specialists, Inc. as Corporate Parent.. (PASTER, JOSHUA) [Transferred from New Jersey on 4/26/2017.] |
| Filing 5 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #4 MOTION to Dismiss / Notice of Motion to Dismiss . (NAGLE, RONALD) [Transferred from New Jersey on 4/26/2017.] |
| Filing 4 MOTION to Dismiss / Notice of Motion to Dismiss by LAGNIAPPE PHARMACY SERVICES, TRANSACTION DATA SYSTEMS INC. (Attachments: #1 Brief, #2 Declaration of Joshua S. Paster, Esq., #3 Exhibit 1, Affidavit of Christina McCormack, #4 Exhibit A-1, #5 Exhibit A-2, #6 Exhibit A-3, #7 Exhibit A-4, #8 Exhibit A-5, #9 Text of Proposed Order, #10 Certificate of Service)(PASTER, JOSHUA) [Transferred from New Jersey on 4/26/2017.] |
| Filing 3 NOTICE of Appearance by JOSHUA SETH PASTER on behalf of LAGNIAPPE PHARMACY SERVICES, TRANSACTION DATA SYSTEMS INC (PASTER, JOSHUA) [Transferred from New Jersey on 4/26/2017.] |
| Filing 2 SUMMONS ISSUED as to LAGNIAPPE PHARMACY SERVICES, TRANSACTION DATA SYSTEMS INC Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *STEPHEN BOND* (seb) [Transferred from New Jersey on 4/26/2017.] |
| Filing 1 COMPLAINT against JOHN DOES 1 THROUGH 4, LAGNIAPPE PHARMACY SERVICES, TRANSACTION DATA SYSTEMS INC ( Filing and Admin fee $ 400 receipt number 0312-7160386), filed by MARY ALICE MEGGIOLARO.(seb) [Transferred from New Jersey on 4/26/2017.] |
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