vMedex, Inc. et al v. TDS Operating, Inc. et al
| Brent Patton, Joseph Grosso, Neuron Dynamics, LLC, Mark McCurry, Jeffrey Wickman, Curt Van Calster, Garth Schneider, Robert Nixon, Eric Westbrook, Lorraine Grosso and vMedex, Inc. |
| John Does 1-10, Steve Wubker, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Jude Deiterman, ABC Companies 1-10, GTCR, LLC and Jude Dieterman |
| John W. Shaw |
| 1:2018cv01662 |
| October 25, 2018 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 7, 2022. A more recent docket listing may be available from PACER.
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Filing 201
STIPULATION of Dismissal with Prejudice by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc)
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CASE CLOSED (dlw)
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Filing 200
Second STATUS REPORT Regarding Settlement by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Kashishian, Ann) Modified on 2/3/2022 (dlw).
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Filing 199
STATUS REPORT Regarding Settlement by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Kashishian, Ann) Modified on 1/18/2022 (dlw).
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Filing 198
ORAL ORDER re #197 Letter - IT IS HEREBY ORDERED that, in light of the settlement, all pending deadlines and Court appearances are TERMINATED. Should a stipulation of dismissal not be filed by 1/18/2021, the parties shall file a joint status report setting forth the status of the settlement. ORDERED by Judge Maryellen Noreika on 12/16/2021. (dlw)
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Filing 197
Letter to The Honorable Maryellen Noreika from Ann M. Kashishian, Esquire regarding Settlement. (Kashishian, Ann)
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Filing 196
ORAL ORDER re #193 Letter - Having reviewed Defendants' letter requesting reconsideration of the Court's order setting an in-person pretrial conference, the request is DENIED. The Court understands Mr. Freibus's reluctance to travel and attend in court proceedings and thus Mr. Freibus is excused from attending the pretrial conference. Defendants are represented by two law firms Baker Hostetler (which has more than 1000 lawyers) and White and Williams (which has more than 200 lawyers). The Court is confident in the ability of one or more of those 1200 lawyers to address the issues at the Pretrial Conference. ORDERED by Judge Maryellen Noreika on 12/16/2021. (dlw)
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Filing 195
REDACTED VERSION by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Declaration)(Casarino, Marc) Modified on 12/16/2021 (dlw).
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Filing 194
Letter to The Honorable Maryellen Noreika from Marc S. Casarino regarding Pretrial Order - re #190 Order,. (Casarino, Marc) Modified on 12/16/2021 (dlw).
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Filing 193
[SEALED] Letter to The HOnorable Maryellen Noreika from Marc S. Casarino regarding Pretrial Conference - re #180 MOTION Unopposed Motion to Postpone Trial . (Casarino, Marc)
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Filing 192
AFFIDAVIT of Defendants' Counsel re #190 Order, filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc)
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CORRECTING ENTRY: D.I. 192 has been deleted from the docket at the request of counsel. (dlw)
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Filing 191
ORAL ORDER - Having been advised of the parties' recent call to chambers, the Court DENIES any and all requests to file the anticipated motions to strike (including cross-motions to strike). The final pretrial conference is being held on Monday, December 20, 2021, and there will be no more motions filed in this matter prior to trial. The final pretrial conference will be in-person in Courtroom 4A. ORDERED by Judge Maryellen Noreika on 12/14/2021. (dlw)
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Filing 190
ORDER re #185 Proposed Jury Instructions, #186 Proposed Voir Dire - IT IS HEREBY ORDERED that the #186 proposed voir dire and #185 proposed jury instructions are REJECTED. SEE ORDER FOR COMPLETE AND FURTHER DETAILS. Signed by Judge Maryellen Noreika on 12/14/2021. (dlw)
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Filing 189
Official Transcript of Teleconference held on 11/08/2021 before Judge Special Master John Shaw. Court Reporter/Transcriber Dale C. Hawkins,Email: [email protected]. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022. (dh)
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Filing 188
Proposed Pretrial Order by GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc)
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Filing 187
JOINT PROPOSED VERDICT SHEET by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc) Modified on 12/14/2021 (dlw).
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Filing 186
Proposed Voir Dire by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc)
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Filing 185
Proposed Jury Instructions by Jude Dieterman, GTCR, LLC. (Casarino, Marc) Modified on 12/14/2021 (dlw).
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Filing 184
[SEALED] RESPONSE TO OBJECTIONS by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. re #175 Objections . (Kashishian, Ann)
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Filing 183
NOTICE of Appearance by Jeffrey J. Lyons on behalf of Rx30 Holdings, LLC, TDS Operating, Inc. (Lyons, Jeffrey)
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Filing 182
ORAL ORDER GRANTING #180 UNOPPOSED MOTION to Postpone Trial - Having reviewed the submissions requesting postponement of trial ( #180 , #181 ), Defendants' unopposed motion to postpone trial is GRANTED. In light of the Court's calendar, the Court cannot provide a new date for the trial at this time, but will address the trial date at the pretrial conference on December 20, 2021. The Court will not extend the time for filing of the pretrial order or the date of the pretrial conference. ORDERED by Judge Maryellen Noreika on 12/9/2021. (dlw)
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Filing 181
RESPONSE to Motion re #180 MOTION Unopposed Motion to Postpone Trial filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Text of Proposed Order)(Kashishian, Ann)
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Filing 180
[SEALED] MOTION Unopposed Motion to Postpone Trial - filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: # 1 Text of Proposed Order, #2 Verification)(Casarino, Marc) (Main Document 180 replaced on 12/9/2021) (dlw). (Attachment 2 replaced on 12/9/2021) (dlw).
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CORRECTING ENTRY: D.I. 180 (Motion and Declaration) have been replaced on the docket at the request of counsel. (dlw)
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CORRECTING ENTRY: D.I. 180 has been deleted from the docket. Counsel will re-file using the proper event code - motion for miscellaneous relief. (dlw)
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Filing 179
ORAL ORDER - The Court is in the process of reviewing the summary judgment motions. Should the case proceed to trial, it will be during the week of January 10, 2022. THEREFORE, IT IS HEREBY ORDERED that a Pretrial Conference is set for 12/20/2021 at 01:00 PM in Courtroom 4A before Judge Maryellen Noreika and a Jury Trial is set for the week of 1/10/2022 with the number of days to be determined. As previously ordered (see D.I. 96), the pretrial order shall be filed no later than 12/13/2021. Pursuant to this Court's procedures, the following documents shall also to be filed on 12/13/2021: proposed voir dire, proposed preliminary jury instructions, proposed final jury instructions, proposed verdict sheet(s). ORDERED by Judge Maryellen Noreika on 12/8/2021. (dlw)
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Filing 178
REDACTED VERSION of #176 Appendix by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Steve Wubker. (Casarino, Marc) Modified on 12/3/2021 (dlw).
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Filing 177
REDACTED VERSION of #175 Objections by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc) Modified on 12/3/2021 (dlw).
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Filing 176
[SEALED] APPENDIX re #175 Objections by Jude Dieterman, GTCR, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc)
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Filing 175
[SEALED] OBJECTIONS by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker to #149 Memorandum, #150 Order. (Casarino, Marc) Modified on 12/3/2021 (dlw).
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CORRECTING ENTRY: D.I. 174 has been deleted from the docket and re-filed using the proper event code: Brief - Reply. (dlw)
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Filing 174
REPLY BRIEF re #119 MOTION for Summary Judgment filed by Jude Dieterman, GTCR, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (dlw)
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Filing 173
STATEMENT re #166 Statement // Defendants' Response to Plaintiffs' Amended Concise Statement of Facts by Jude Dieterman, GTCR, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc) Modified on 12/2/2021 (dlw).
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CORRECTING ENTRY: D.I. 141 has been replaced on the docket to update the record citations. (dlw)
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Filing 172
REDACTED VERSION of #170 Reply Brief, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 171
DECLARATION re #170 Reply Brief, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Exhibit A)(Kashishian, Ann)
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Filing 170
[SEALED] REPLY BRIEF re #125 MOTION for Summary Judgment filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Certificate of Service)(Kashishian, Ann)
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Filing 169
REDACTED VERSION of #166 Statement, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 168
REDACTED VERSION of #165 Statement, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 167
Letter to The Honorable Maryellen Noreika from Ann M. Kashishian regarding Plaintiffs Amended Response to Defendants Concise Statement of Facts in Support of Their Motion for Summary Judgment - re #166 Statement, #165 Statement,. (Kashishian, Ann)
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Filing 166
[SEALED] STATEMENT re #120 Statement //Plaintiffs' Separate Concise Statement of Facts in Response to Defendants' Concise Statement of Facts in Support of Their Motion for Summary Judgment by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Certificate of Service)(Kashishian, Ann) Modified on 11/23/2021 (dlw).
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Filing 165
[SEALED] Amended STATEMENT re #142 Statement //Plaintiffs' Amended Response to Defendants' Concise Statement of Facts in Support of Their Motion for Summary Judgment by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Certificate of Service)(Kashishian, Ann) Modified on 11/23/2021 (dlw).
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Filing 164
REDACTED VERSION of #154 Response to Motion, by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Exhibit)(Casarino, Marc)
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Filing 163
ORAL ORDER re #142 Plaintiffs' Response to Defendants' Concise Statement of Facts in Support of Their Motion for Summary Judgment - IT IS HEREBY ORDERED that Plaintiffs' response is REJECTED for failure to comply with Paragraph 9(b) of the #62 Scheduling Order. To the extent that any paragraph of #120 Defendants' concise statement of facts is disputed, on or before 11/24/2021, Plaintiffs shall file a response consistent with the Scheduling Order. IT IS FURTHER ORDERED that, to the extent Defendants require additional time for their reply brief due to this order, Defendants may file their reply on or before 12/1/2021. ORDERED by Judge Maryellen Noreika on 11/22/2021. (dlw)
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Filing 162
REDACTED VERSION of #145 Declaration, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kashishian, Ann)
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Filing 161
REDACTED VERSION of #143 Declaration,, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Kashishian, Ann)
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Filing 160
REDACTED VERSION of #144 Declaration, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 159
REDACTED VERSION of #146 Declaration, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 158
REDACTED VERSION of #142 Statement, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 157
REDACTED VERSION of #141 Answering Brief in Opposition, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 156
ORDER GRANTING #153 Defendants' Emergency Motion to Modify the Special Master's November 16 Order - IT IS HEREBY ORDERED that the motion is GRANTED and the deadline set forth in the November 16, 2021 Order is extended to December 2, 2021. Signed by Special Master John Shaw on 11/18/2021. (dlw)
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CORRECTING ENTRY: D.I. 121-24 has been replaced on the docket at the request of counsel. The Declaration now contains a signature. (dlw)
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Filing 155
CERTIFICATE OF SERVICE of Defendant's Response to Plaintiffs' Motion for Summary Judgment by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker re #154 Response to Motion, (Casarino, Marc)
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Filing 154
[SEALED] RESPONSE to Motion re #125 MOTION for Summary Judgment filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Exhibit)(Casarino, Marc)
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Filing 153
Emergency MOTION to Amend/Correct #149 Memorandum and Order to Modify the Special Master's November 16 Order - filed by Jude Dieterman, GTCR, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Text of Proposed Order)(Casarino, Marc) Modified on 11/17/2021 (dlw).
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Filing 152
Official Transcript of Teleconference held on 09/21/2021 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: [email protected]. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/8/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/15/2022. (dh)
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Filing 151
SO ORDERED re #148 Stipulation and Order Governing Deadlines to Exchange Pre-Trial Order Drafts. Signed by Judge Maryellen Noreika on 11/16/2021. (dlw)
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Filing 150
ORDER re #149 Memorandum GRANTING-IN-PART and DENYING-IN-PART #115 Motion to Compel. Signed by Special Master John W. Shaw on 11/16/2021. (dlw)
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Filing 149
MEMORANDUM re #115 MOTION to Compel. Signed by Special Master John W. Shaw on 11/16/2021. (dlw)
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Filing 148
STIPULATION Deadlines to Exchange Pre-Trial Order Drafts re 96 Oral Order,,,, Terminate Scheduling Order Deadlines,,,, Terminate Deadlines and Hearings,,,, Set/Reset Scheduling Order Deadlines,,, by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Steve Wubker. (Casarino, Marc)
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Filing 147
NOTICE OF SERVICE of Amended Rule 26 Disclosures filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc..(Kashishian, Ann)
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CORRECTING ENTRY: D.I. 141 and 142 have been replaced on the docketed with updated versions. The footnotes now appear in 12-point type as required by Judge Noreika's preferences and procedures. (dlw)
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Filing 146
[SEALED] DECLARATION of Frank Cozzarelli re #141 Answering Brief in Opposition by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Certificate of Service)(Kashishian, Ann) Modified on 11/16/2021 (dlw).
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Filing 145
[SEALED] DECLARATION of Robert Nixon re #141 Answering Brief in Opposition by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kashishian, Ann) Modified on 11/16/2021 (dlw).
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Filing 144
[SEALED] DECLARATION of Joseph Grosso re #141 Answering Brief in Opposition by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Certificate of Service)(Kashishian, Ann) Modified on 11/16/2021 (dlw).
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Filing 143
[SEALED] DECLARATION of Marlo Hittman re #141 Answering Brief in Opposition by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Certificate of Service)(Kashishian, Ann) Modified on 11/16/2021 (dlw).
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Filing 142
[SEALED] CONCISE COUNTERSTATEMENT OF FACT re #141 Answering Brief in Opposition by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Certificate of Service)(Kashishian, Ann) Modified on 11/16/2021 (dlw). (Main Document 142 replaced on 11/16/2021) (dlw).
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Filing 141
[SEALED] ANSWERING BRIEF in Opposition re #119 MOTION for Summary Judgment filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc..Reply Brief due date per Local Rules is 11/22/2021. (Attachments: #1 Certificate of Service)(Kashishian, Ann) (Main Document 141 replaced on 11/16/2021) (dlw).
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Filing 140
REDACTED VERSION of #131 Declaration, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 139
REDACTED VERSION of #130 Declaration, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kashishian, Ann)
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Filing 138
REDACTED VERSION of #129 Declaration, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G)(Kashishian, Ann)
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Filing 137
REDACTED VERSION of #128 Declaration,, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12)(Kashishian, Ann)
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Filing 136
REDACTED VERSION of #127 Declaration, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kashishian, Ann)
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Filing 135
REDACTED VERSION of #126 Opening Brief in Support, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 134
REDACTED VERSION of #124 Exhibit to a Document, by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Tab B, #2 Tab C, #3 Tab D, #4 Tab E, #5 Tab F, #6 Tab R)(Casarino, Marc)
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Filing 133
ORDER Setting Mediation Conferences: A Mediation Conference is set for 12/8/2021 at 09:00 AM before Judge Christopher J. Burke. To the extent this Order refers to an in-person appearance, the parties' participation shall be via telephone or via video conference. Counsel shall submit 2 copies of the Confidential Mediation statements by December 1, 2021 and provide the Court with the names of all participants and the appropriate video conference links or dial-in information as well as a link for the morning's joint mediation orientation by no later than the due date of the Confidential Mediation Statements.. Signed by Judge Christopher J. Burke on 11/8/2021. (dlb)
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Filing 132
Letter to The Honorable Maryellen Noreika from Ann M. Kashishian, Esquire regarding Plaintiffs' Motion for Summary Judgment - re #125 MOTION for Summary Judgment . (Kashishian, Ann)
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Filing 131
[SEALED] DECLARATION of Jeffrey Wickman re #125 Motion for Summary Judgment by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Certificate of Service)(Kashishian, Ann) Modified on 11/5/2021 (dlw).
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Filing 130
[SEALED] DECLARATION of Robert Nixon re #125 Motion for Summary Judgment by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service)(Kashishian, Ann) Modified on 11/5/2021 (dlw).
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Filing 129
[SEALED] DECLARATION of Joseph Grosso re #125 Plaintiffs' Motion for Summary Judgment by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Exhibit A, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Certificate of Service)(Kashishian, Ann) Modified on 11/5/2021 (dlw).
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Filing 128
[SEALED] DECLARATION of Frank Cozzarelli re #125 Motion for Summary Judgment by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Certificate of Service)(Kashishian, Ann) Modified on 11/5/2021 (dlw).
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Filing 127
[SEALED] DECLARATION of Marlo J. Hittman, Esquire re #125 Motion for Summary Judgment by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service)(Kashishian, Ann) Modified on 11/5/2021 (dlw).
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Filing 126
[SEALED] OPENING BRIEF in Support re #125 MOTION for Summary Judgment filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc..Answering Brief/Response due date per Local Rules is 11/19/2021. (Attachments: #1 Certificate of Service)(Kashishian, Ann)
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Filing 125
MOTION for Summary Judgment - filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Text of Proposed Order)(Kashishian, Ann)
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CORRECTING ENTRY: The certificate of service for D.I. 124 filed at D.I. 125 has been deleted from the docket and added to D.I. 124. (dlw)
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CORRECTING ENTRY: Attachment #2 (Statement of Facts) to D.I. 119 has been deleted from the docket. This document was also filed as a stand alone document at D.I. 120 (which is correct). (dlw)
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Filing 124
[SEALED] TABS A-F, R, FF re #121 Declaration by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Casarino, Marc) Modified on 11/2/2021 (dlw). (Additional attachment(s) added on 11/2/2021: #8 Certificate of Service) (dlw).
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Filing 123
NOTICE of Filing of Multimedia Material (Tab FF to Fliegel Declaration) by Jude Dieterman, GTCR, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker re #121 Declaration (Casarino, Marc) Modified on 11/2/2021 (dlw).
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Filing 122
MEMORANDUM in Support re #119 MOTION for Summary Judgment filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker.Answering Brief/Response due date per Local Rules is 11/15/2021. (Casarino, Marc)
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Filing 121
DECLARATION of Joshua M. Fliegel, Esquire by Jude Dieterman, John Does 1-10, GTCR, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Exhibit Tab G, #2 Exhibit Tab H, #3 Exhibit Tab I, #4 Exhibit Tab J, #5 Exhibit Tab K, #6 Exhibit Tab L, #7 Exhibit Tab M, #8 Exhibit Tab N, #9 Exhibit Tab O, #10 Exhibit Tab P, #11 Exhibit Tab Q, #12 Exhibit Tab S, #13 Exhibit Tab T, #14 Exhibit Tab U, #15 Exhibit Tab V, #16 Exhibit Tab W, #17 Exhibit Tab X, #18 Exhibit Tab Y, #19 Exhibit Tab Z, #20 Exhibit Tab AA, #21 Exhibit Tab BB, #22 Exhibit Tab CC, #23 Exhibit Tab DD, #24 Exhibit Tab EE, #25 Exhibit Tab GG)(Casarino, Marc) Modified on 11/2/2021 (dlw).
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Filing 120
CONCISE STATEMENT of Facts re #119 MOTION for Summary Judgment by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc) Modified on 11/2/2021 (dlw).
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Filing 119
MOTION for Summary Judgment - filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Text of Proposed Order, # 2 Statement of Facts)(Casarino, Marc)
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Filing 118
UNOPPOSED Emergency MOTION for Extension of Time to File Plaintiffs' Dispositive Motion - filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Text of Proposed Order)(Kashishian, Ann) Modified on 11/1/2021 (dlw).
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SO ORDERED re #118 UNOPPOSED Emergency MOTION for Extension of Time to File Plaintiffs' Dispositive Motion - IT IS HEREBY ORDERED that the deadline for Plaintiffs to file a dispositive motion is extended to 11/4/2021. ORDERED by Judge Maryellen Noreika on 11/1/2021. (dlw)
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CORRECTING ENTRY: D.I. 118 has been deleted from the docket at the request of counsel. Counsel will re-file. (dlw)
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Filing 117
NOTICE OF SERVICE of Plaintiffs' Rule 26 Disclosures filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc..(Kashishian, Ann)
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Filing 116
ORDER DENYING #113 Second MOTION to Compel, MOTION for Clarification Regarding Protective Order and Potential Enforcement of Same and GRANTING-IN-PART and DENYING-IN-PART #114 Motion to Compel. Signed by Special Master John W. Shaw on 10/28/2021. ***See Order for complete details*** (dlw)
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Filing 115
MOTION to Compel - filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Text of Proposed Order)(Kashishian, Ann)
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Filing 114
Second MOTION to Compel - filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Text of Proposed Order)(Casarino, Marc)
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Filing 113
MOTION for Clarification Regarding Protective Order and Potential Enforcement of Same - filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Text of Proposed Order)(Kashishian, Ann)
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Filing 112
NOTICE of Service of Rx30 Holdings, LLC's Supplemental Disclosure by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker (Casarino, Marc)
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Filing 111
ORDER DENYING AS MOOT #108 Motion to Stay. Signed by Special Master John W. Shaw on 10/14/2021. (dlw)
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Filing 110
PROTECTIVE ORDER. Signed by Special Master John W. Shaw on 10/14/2021. (dlw)
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Filing 109
MEMORANDUM regarding protective order dispute. Signed by Special Master John W. Shaw on 10/14/2021. (dlw)
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Filing 108
MOTION to Stay Discovery Pending Resolution of Protective Order Dispute - filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Text of Proposed Order)(Kashishian, Ann) Modified on 10/13/2021 (dlw).
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Filing 107
ORDER re #106 Memorandum GRANTING-IN-PART and DENYING-IN-PART #103 Defendants' Motion to Compel Plaintiffs' Document Production. Signed by Special Master John W. Shaw on 10/8/2021. (dlw)
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Filing 106
MEMORANDUM re #103 MOTION to Compel Plaintiffs' Document Production. Signed by Special Master John W. Shaw on 10/8/2021. (dlw)
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Filing 105
NOTICE OF SERVICE of Deposition Notices filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc..(Kashishian, Ann)
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Filing 104
STIPULATION AND ORDER RELATING TO PROCEDURES FOR RESOLVING DISCOVERY DISPUTES BEFORE SPECIAL MASTER. Signed by Special Master John W. Shaw on 10/7/2021. (dlw)
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Filing 103
MOTION to Compel Plaintiffs' Document Production - filed by Jude Dieterman, John Does 1-10, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Text of Proposed Order)(Casarino, Marc) Modified on 10/7/2021 (dlw).
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Filing 102
ORDER appointing Special Master: John W. Shaw appointed. Signed by Judge Maryellen Noreika on 9/30/2021. (dlw)
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Filing 101
ORDER REFERRING CASE to Clerk for assignment of a Special Master. Signed by Judge Maryellen Noreika on 9/28/2021. (dlw)
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Filing 100
NOTICE OF SERVICE of Deposition Notices filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker.(Casarino, Marc)
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Filing 99
NOTICE OF SERVICE of Responses to Certain Discovery Requests Received from Defendants filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc..(Kashishian, Ann)
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Filing 98
ORDER Setting Mediation Conference: A Telephone Conference is set for 10/4/2021 at 10:15 AM before Judge Christopher J. Burke. Plaintiff(s) counsel shall provide dial-in information via email to the Court and the parties by September 30, 2021. Signed by Judge Christopher J. Burke on 9/24/2021. (dlb)
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Filing 97
NOTICE OF SERVICE of Subpoena filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc..(Kashishian, Ann)
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Filing 96
ORAL ORDER re #94 Letter, #95 Letter - Having reviewed the parties' letter submissions, IT IS HEREBY ORDERED that document production shall be completed by 9/30/2021, the discovery cut-off is extended to 10/29/2021, and dispositive motions shall be filed by 11/1/2021 with briefing presented pursuant to the Court's Local Rules. IT IS FURTHER ORDERED that the Pretrial Order shall be filed no later than 12/13/2021. No extensions of these dates are permitted without prior leave of Court. The parties should be prepared to begin trial on 1/3/2022 unless, prior to that date, the Court cancels or defers the trial after review of the dispositive motions or the pretrial order. Set/Reset Scheduling Order Deadlines: Discovery due by 10/29/2021. Dispositive Motions due by 11/1/2021. Proposed Pretrial Order due by 12/13/2021. ORDERED by Judge Maryellen Noreika on 9/23/2021. (dlw)
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Filing 95
Letter to The Honorable Maryellen Noreika from Plaintiffs' Counsel regarding Consent to Trial Before a Magistrate Judge and Proposed Pre-trial Schedule - re Telephone Conference,. (Kashishian, Ann)
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Filing 94
Letter to The Honorable Maryellen Noreika from Marc S. Casarino, Esquire regarding Scheduling Order Proposal - re #62 Scheduling Order,,. (Casarino, Marc)
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Filing 93
ORAL ORDER re #92 Agreed MOTION for Amended Scheduling Order - IT IS HEREBY ORDERED that the motion is DENIED. IT IS FURTHER ORDERED that a Telephone Conference is set for TODAY, 9/21/2021, at 02:00 PM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator ([email protected]). ORDERED by Judge Maryellen Noreika on 9/21/2021. (dlw)
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Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 9/21/2021. The parties shall confer and submit a joint letter indicating if they consent to a Magistrate Judge trying the case, or, if the parties do not consent, a proposal for moving forward. The submission is due tomorrow. (Court Reporter Dale Hawkins.) (mdb)
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Filing 92
Agreed MOTION for Amended Scheduling Order - filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc) Modified on 9/21/2021 (dlw).
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Filing 91
NOTICE OF SERVICE of Second Set of Requests for Production filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker.(Casarino, Marc)
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Pro Hac Vice Attorney Joshua M. Fliegel for Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., and Steve Wubker 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. (twk)
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Filing 90
NOTICE OF SERVICE of Joseph Grosso's Responses and Objections to Rx30 Holdings, LLC's First Set of Requests for Production, Robert Nixon's Responses and Objections to Rx30 Holdings, LLC's First Set of Requests for Production, vMedex, Inc. and Neuron Dynamics LLC's Responses and Objections to TDS Operating Inc.'s First Set of Requests for Production, and vMedex, Inc.'s Answers to TDS Operating, Inc.'s First Set of Interrogatories filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc..(Kashishian, Ann)
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Filing 89
NOTICE OF SERVICE of Joseph Grosso's Response to Rx30 Holdings LLC's First Request for Admissions and Robert Nixon's Response to Rx30 Holdings LLC's First Request for Admissions filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc..(Kashishian, Ann)
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Filing 88
NOTICE OF SERVICE of Answers to Plaintiffs' First Set of Discovery re #85 Notice of Service, filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker.(Casarino, Marc)
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SO ORDERED re #87 MOTION for Pro Hac Vice Appearance of Attorney Joshua M. Fliegel filed by Jude Dieterman, TDS Operating, Inc., Rx30 Holdings, LLC, Steve Wubker, GTCR, LLC, Transaction Data Systems, Inc. ORDERED by Judge Maryellen Noreika on 8/5/2021. (dlw)
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Filing 87
MOTION for Pro Hac Vice Appearance of Attorney Joshua M. Fliegel - filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Casarino, Marc)
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Filing 86
NOTICE OF SERVICE of Discovery Requests to Plaintiffs filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker.(Casarino, Marc)
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Filing 85
NOTICE OF SERVICE of Plaintiffs' First Request for Production of Documents Directed to Defendants and Plaintiffs' First Set of Interrogatories Directed to Defendants filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc..(Kashishian, Ann)
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Filing 84
ANSWER to #79 Fourth Amended Complaint by TDS Operating, Inc.(Casarino, Marc) Modified on 6/4/2021 (dlw).
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Filing 83
ORAL ORDER re #82 Letter, #81 Letter: The plaintiffs' request for leave to file the Fourth Amended Complaint ( #79 ) is GRANTED. Having reviewed the parties' letters and taking the allegations as true, the Court finds that Plaintiffs state a claim of breach of the Executive Unit Grant Agreement that is not futile or unduly delayed. ORDERED by Judge Maryellen Noreika on 5/20/2021. (mdb)
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Filing 82
Letter to The Honorable Maryellen Noreika from Ann M. Kashishian, Esquire regarding Response to Defendants' Letter dated May 17, 2021 Regarding the Fourth Amended Complaint - re #81 Letter. (Kashishian, Ann)
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Filing 81
Letter to The Honorable Maryellen Noreika from Marc S. Casarino, Esquire regarding Plaintiffs' Fourth Amended Complaint - re #79 Amended Complaint,. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Casarino, Marc)
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CORRECTING ENTRY: The main document and redlined version at D.I. 79 have been replaced on the docket at the request of counsel to correct a typo in paragraph 254. (dlw)
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Filing 80
Letter to The Honorable Maryellen Noreika from Ann M. Kashishian, Esquire regarding Fourth Amended Complaint - re #79 Amended Complaint,. (Kashishian, Ann)
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Filing 79
Fourth AMENDED COMPLAINT against All Defendants - filed by Robert Nixon, Jeffrey Wickman, Lorraine Grosso, Mark McCurry, vMedex, Inc., Eric Westbrook, Neuron Dynamics, LLC, Joseph Grosso, Garth Schneider, Curt Van Calster, Brent Patton. (Attachments: #1 Exhibit A (redline))(Kashishian, Ann) (Main Document 79 replaced on 5/12/2021) (dlw). (Attachment 1 replaced on 5/12/2021) (dlw).
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Filing 78
Official Transcript of Teleconference held on 5/3/21 before Judge Maryellen Noreika. Court Reporter Dale C. Hawkins,Email: [email protected]. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/1/2021. Redacted Transcript Deadline set for 6/10/2021. Release of Transcript Restriction set for 8/9/2021. (Triozzi, Heather)
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Filing 77
ORDER re #76 Memorandum Opinion GRANTING-IN-PART and DENYING-IN-PART #65 Motion to Dismiss - GRANTED as to Counts II, VII, IX, and X of #60 Plaintiffs' Third Amended Complaint. Counts II, VII, and IX are DISMISSED with prejudice, and Count X is DISMISSED without prejudice; GRANTED as to Count I for the claims of breach of contract regarding the 2017 Earn-Out and reimbursement of costs, and these portions of Count I in Plaintiffs' Third Amended Complaint are DISMISSED with prejudice; and DENIED as to Count I for the claims of breach of contract regarding the 2018 Earn-Out and the duty to consult. Signed by Judge Maryellen Noreika on 5/3/2021. (dlw)
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Filing 76
MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 5/3/2021. (dlw)
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CORRECTING ENTRY: The 5/3/2021 Minute Entry text has been edited to remove the denial of the motion. (dlw)
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Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held via telephone on 5/3/2021 re motion to dismiss ( #65 ). A written opinion will be issued. It is further ordered that the plaintiffs shall file and serve a clean amended complaint with a redline version attached by Monday, 5/10/21. The defendants may file a letter alleging deficiencies in the pleading by 5/17/21, and the plaintiffs shall respond to that letter by 5/19/21. (Court Reporter Dale Hawkins.) (mdb) Modified on 5/3/2021 (dlw).
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Filing 75
ORAL ORDER Setting Telephonic Hearing on #65 MOTION to Dismiss for Failure to State a Claim: IT IS HEREBY ORDERED that a telephonic Motion Hearing is set for 5/3/2021 at 10:00 AM before Judge Maryellen Noreika. The Court is setting aside 30 minutes for the argument with the time to be split equally between the parties. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to [email protected] no later than 24 hours prior to the hearing. Counsel shall provide a teleconference dial-in number and code for the call by emailing this Court's judicial administrator ([email protected]). ORDERED by Judge Maryellen Noreika on 4/26/2021. (dlw)
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Filing 74
ORAL ORDER DENYING #71 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss Plaintiffs' Third Amended Complaint - Having reviewed and considered Defendants' motion and Plaintiffs' response thereto, IT IS HEREBY ORERED that the motion is DENIED. The Court will address the pending motion to dismiss forthwith. ORDERED by Judge Maryellen Noreika on 4/23/2021. (dlw)
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Filing 73
REPLY to Response to Motion re #52 MOTION to Stay Submission of a Proposed Scheduling Order Pending Resolution of Their Motion to Dismiss Plaintiffs' Third Amended Complaint filed by GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc) Modified on 2/10/2021 (dlw).
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Filing 72
RESPONSE to Motion re #71 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss Plaintiffs' Third Amended Complaint re #66 Opening Brief in Support filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 71
MOTION to Stay Discovery Pending Resolution of Motion to Dismiss Plaintiffs' Third Amended Complaint re #66 Opening Brief in Support - filed by GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc) Modified on 1/22/2021 (dlw).
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Filing 70
REPLY BRIEF re #65 Motion to Dismiss Plaintiffs' third Amended Complaint filed by GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc) Modified on 12/21/2020 (dlw).
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Filing 69
ANSWERING BRIEF in Opposition re #65 MOTION to Dismiss for Failure to State a Claim filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. Reply Brief due date per #68 Stipulation and SO ORDERED is 12/18/2020. (Kashishian, Ann) Modified on 12/7/2020 (dlw).
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Filing 68
Amended STIPULATION Governing Briefing Relating to Defendants' Motion to Dismiss the Third Amended Complaint re SO ORDERED,, Set Briefing Schedule, #66 Opening Brief in Support, #67 Stipulation, #65 MOTION to Dismiss for Failure to State a Claim by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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SO ORDERED re #68 Stipulation (Set Briefing Schedule: re #65 MOTION to Dismiss for Failure to State a Claim - Answering Brief due 12/4/2020. Reply Brief due 12/18/2020). ORDERED by Judge Maryellen Noreika on 11/9/2020. (dlw)
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SO ORDERED re #67 Stipulation Governing Briefing Relating to Defendants' Motion to Dismiss the Third Amended Complaint (Set Briefing Schedule: re #65 MOTION to Dismiss for Failure to State a Claim - Answering Brief due 11/11/2020. Reply Brief due 11/25/2020). ORDERED by Judge Maryellen Noreika on 10/20/2020. (dlw)
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Filing 67
STIPULATION Governing Briefing Relating to Defendants' Motion to Dismiss the Third Amended Complaint re #60 Amended Complaint, #66 Opening Brief in Support, #65 MOTION to Dismiss for Failure to State a Claim by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 66
OPENING BRIEF in Support re #65 MOTION to Dismiss for Failure to State a Claim filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker.Answering Brief/Response due date per Local Rules is 10/23/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Casarino, Marc)
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Filing 65
MOTION to Dismiss for Failure to State a Claim - filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc)
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Filing 64
STIPULATION TO EXTEND TIME to respond to Plaintiffs Third Amended Complaint to October 9, 2020 - filed by ABC Companies 1-10, Jude Dieterman, John Does 1-10, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc)
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SO ORDERED re #64 STIPULATION TO EXTEND TIME to respond to Plaintiffs Third Amended Complaint to October 9, 2020 (Set/Reset Answer Deadlines: GTCR, LLC answer due 10/9/2020; Rx30 Holdings, LLC answer due 10/9/2020; TDS Operating, Inc. answer due 10/9/2020; Transaction Data Systems, Inc. answer due 10/9/2020; Steve Wubker answer due 10/9/2020). (Set/Reset Scheduling Order Deadlines: Amended Pleadings due by 10/15/2020. Joinder of Parties due by 10/15/2020). ORDERED by Judge Maryellen Noreika on 9/25/2020. (dlw)
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Filing 63
ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at [email protected] or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 9/23/2020. (dlb)
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Filing 62
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 10/1/2020. Amended Pleadings due by 10/1/2020. Discovery due by 4/1/2021. Opening Expert Reports due by 1/1/2021. Rebuttal Expert Reports due by 2/5/2021. Reply Expert Reports due by 2/19/2021. Dispositive Motions due by 5/14/2021. Answering Brief due 6/11/2021. Reply Brief due 6/25/2021. A Pretrial Conference is set for 11/8/2021 at 01:00 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 11/15/2021 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 9/21/2020. (dlw)
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CASE REFERRED to Magistrate Judge Christopher J. 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 # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak)
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CORRECTING ENTRY: D.I. 61 has been deleted and re-filed using the proper event code - Proposed Order. (dlw)
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Filing 61
PROPOSED ORDER // Scheduling Order by Transaction Data Systems, Inc. (dlw)
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Filing 60
Third AMENDED COMPLAINT against All Defendants - filed by Robert Nixon, Jeffrey Wickman, Lorraine Grosso, Mark McCurry, vMedex, Inc., Eric Westbrook, Neuron Dynamics, LLC, Joseph Grosso, Garth Schneider, Curt Van Calster, Brent Patton. (Attachments: #1 Exhibit A - Redlined Version)(Kashishian, Ann) Modified on 9/15/2020 (dlw).
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Minute Entry for proceedings held before Judge Maryellen Noreika - Scheduling Telephone Conference held on 9/9/2020. Discussion regarding the parties' proposed scheduling order ( #57 ) and their disputes ( #56 , #58 ). The plaintiffs shall file a revised complaint by Friday, 9/11/2020 with a redline version attached. The parties are further ordered to file a proposed scheduling order with a jury trial date of 11/15/2021 by 9/16/2020. (Court Reporter Dale Hawkins.) (mdb)
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Filing 59
ORAL ORDER Setting Telephonic Scheduling Conference: IT IS HEREBY ORDERED that a telephonic Scheduling Conference is set for 9/9/2020 at 04:00 PM before Judge Maryellen Noreika. Counsel shall provide a dial-in number for the teleconference by emailing this Court's judicial administrator ([email protected]). ORDERED by Judge Maryellen Noreika on 9/4/2020. (dlw)
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Filing 58
Letter to The Honorable Maryellen Noreika from Ann M. Kashishian, Esquire regarding Scheduling Order Dispute Among the Parties. (Kashishian, Ann)
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Filing 57
PROPOSED ORDER // Scheduling Order by Transaction Data Systems, Inc. (Casarino, Marc) Modified on 9/1/2020 (dlw).
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Filing 56
Letter to the Honorable Maryellen Noreika from Marc Casarino, Esquire regarding Proposed Scheduling Order. (Casarino, Marc)
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Filing 55
ORDER re #54 Memorandum Opinion GRANTING-IN-PART and DENYING-IN-PART #46 Defendants' Motion to Dismiss and DENYING #52 Defendants' Motion to Stay Submission of Proposed Scheduling Order. Plaintiffs are given leave to file a further amended complaint on or before 9/11/2020. SEE ORDER FOR COMPELTE DETAILS. Signed by Judge Maryellen Noreika on 8/21/2020. (dlw)
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Filing 54
MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 8/21/2020. (dlw)
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Filing 53
Letter to The Honorable Maryellen Noreika from Marc S. Casarino, Esquire regarding Defendants' Motion to Stay Submission of a Proposed Scheduling Order - re #52 MOTION to Stay Submission of a Proposed Scheduling Order. (Casarino, Marc) Modified on 8/17/2020 (dlw).
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Filing 52
MOTION to Stay Submission of a Proposed Scheduling Order - filed by TDS Operating, Inc. (Casarino, Marc) Modified on 8/17/2020 (dlw).
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Filing 51
ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 7/30/2020. (dlw)
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Filing 50
REQUEST for Oral Argument by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. re #46 MOTION to Dismiss for Failure to State a Claim . (Kashishian, Ann)
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Filing 49
REPLY BRIEF re #46 MOTION to Dismiss for Failure to State a Claim filed by ABC Companies 1-10, Jude Dieterman, GTCR, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc)
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Filing 48
ANSWERING BRIEF in Opposition re #46 MOTION to Dismiss for Failure to State a Claim filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. Reply Brief due date per Stipulation and Order is 12/13/2019. (Attachments: #1 Exhibit A, #2 Exhibit B (Declaration of Joseph P. Grosso))(Kashishian, Ann) Modified on 11/26/2019 (dlw).
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CORRECTING ENTRY: D.I. 47 has been replaced on the docket. The updated version complies with this Court's Local Rules and Judge Noreika's Preferences and Procedures. All citations appear in line (and not in footnotes) and the brief is now twenty (20) pages. (dlw)
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Filing 47
OPENING BRIEF in Support re #46 MOTION to Dismiss for Failure to State a Claim filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. Answering Brief/Response due date per Stipulation and Order is 11/25/2019. (Attachments: #1 Exhibit A-D)(Casarino, Marc) (Main Document 47 replaced on 10/28/2019) (dlw). Modified on 10/28/2019 (dlw).
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Filing 46
MOTION to Dismiss for Failure to State a Claim - filed by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc)
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Filing 45
PROPOSED ORDER // Stipulation Governing Defendants' Motion to Dismiss Second Amended Complaint re #44 Amended Complaint, by Jude Dieterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc) Modified on 10/2/2019 (dlw).
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SO ORDERED WITH MODIFICATION re #45 Proposed Order - IT IS HEREBY ORDERED that the parties' proposed briefing schedule is ADOPTED. Opening Brief due 10/25/2019. Answering Brief due 11/25/2019. Reply Brief due 12/13/2019. IT IS FURTHER ORDERED that the parties' page limit modifications are DENIED. The briefs shall be presented in accordance with this Court's Local Rules. ORDERED by Judge Maryellen Noreika on 10/2/2019. (dlw)
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Filing 44
Second AMENDED COMPLAINT against Jude Deiterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker- filed by Robert Nixon, Jeffrey Wickman, Lorraine Grosso, Mark McCurry, vMedex, Inc., Eric Westbrook, Neuron Dynamics, LLC, Joseph Grosso, Garth Schneider, Curt Van Calster, Brent Patton. (Attachments: #1 Exhibit - Redline)(Kashishian, Ann) Modified on 9/23/2019 (dlw).
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Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 8/30/2019. Counts 1 through 7, and 9 of the First Amended Complaint ( #20 ) are dismissed for lack of subject matter jurisdiction. The Defendants' motion to dismiss ( #24 ) and the Plaintiffs' cross-motion for jurisdictional discovery are DENIED as moot. The Plaintiffs shall file a Second Amended Complaint, and include a redline comparing the Second Amended Complaint to the First Amended Complaint, by 9/20/2019. (Court Reporter Dale Hawkins.) (mdb)
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Filing 43
ORAL ORDER Setting Teleconference: A Telephone Conference is set for 8/30/2019 at 11:00 AM before Judge Maryellen Noreika. Any parties wishing to join the call shall do so by individually dialing into 302-573-4545 not earlier than 10:55 AM. ORDERED by Judge Maryellen Noreika on 8/28/2019. (dlw)
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Filing 42
RESPONSE to Order re #41 Order to Show Cause, filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Exhibit Exhibit A)(Kashishian, Ann)
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Filing 41
ORDER TO SHOW CAUSE: Show Cause Response due by 8/28/2019. IT IS HEREBY ORDERED that, on or before 8/28/2019, Plaintiffs shall show cause why their causes of action based on diversity should not be dismissed for lack of subject matter jurisdiction. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Maryellen Noreika on 8/22/2019. (dlw)
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Filing 40
NOTICE of Change of Address by Marc Stephen Casarino (Casarino, Marc)
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Filing 39
SUR-REPLY BRIEF re #24 MOTION to Dismiss for Failure to State a Claim filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Exhibit A & B)(dlw)
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SO ORDERED re #38 Unopposed MOTION for Leave to File Sur Reply Brief. ORDERED by Judge Maryellen Noreika on 4/15/2019. (dlw)
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Filing 38
Unopposed MOTION for Leave to File Sur Reply Brief - filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Attachments: #1 Certification Pursuant to Local Rule 7.1.1, #2 Exhibit 1 to Motion for Leave to File Sur Reply Brief (Proposed Sur Reply Brief), #3 Exhibits A & B to Proposed Sur Reply Brief)(Kashishian, Ann) Modified on 4/15/2019 (dlw).
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Filing 37
ORAL ORDER re #35 Letter - Plaintiffs' request for leave to file a sur-reply #35 is a nondispositive motion subject to Local Rule 7.1.1, which requires an averment of counsel that a reasonable effort has been made to reach agreement with Defendants on this issue. IT IS HEREBY ORDERED that Plaintiffs shall file a Local Rule 7.1.1 statement on or before 4/12/2019 and Plaintiffs shall also include their proposed sur-reply with that filing in the form of a brief. ORDERED by Judge Maryellen Noreika on 4/10/19.(dlw)
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Filing 36
REQUEST for Oral Argument by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. re #24 MOTION to Dismiss for Failure to State a Claim . (Kashishian, Ann)
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Filing 35
Letter to The Honorable Maryellen Noreika from Marlo Hittman, Esquire and Ann Kashishian, Esquire regarding Request for Oral Argument and Motion to Dismiss Amended Complaint. (Attachments: #1 Exhibits A & B (Kashishian, Ann) Modified on 4/9/2019 (dlw).
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Filing 34
REPLY BRIEF re #24 MOTION to Dismiss for Failure to State a Claim filed by TDS Operating, Inc. (Casarino, Marc) Modified on 4/1/2019 (dlw).
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Filing 33
REDACTED VERSION of #27 EXHIBIT S-1and S-2 by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Kashishian, Ann) Modified on 3/21/2019 (dlw).
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Filing 32
STIPULATION TO EXTEND TIME Reply Brief to April 1, 2019 - filed by Jude Deiterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc)
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SO ORDERED re #32 STIPULATION TO EXTEND TIME Reply Brief to April 1, 2019 (Set Briefing Schedule: re #24 MOTION to Dismiss for Failure to State a Claim - Reply Brief due 4/1/2019). ORDERED by Judge Maryellen Noreika on 3/20/2019. (dlw)
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Filing 31
Letter to The Honorable Maryellen Noreika from Ann M. Kashishian, Esquire regarding Errata Correction - re #26 Answering Brief in Opposition,,. (Kashishian, Ann)
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Filing 30
PROPOSED ORDER Denying Motion to Dismiss First Amended Complaint and Granting Leave for Jurisdictional Discovery re #24 MOTION to Dismiss for Failure to State a Claim , #25 Opening Brief in Support, #29 Cross MOTION for Discovery /Plaintiffs' Cross-Motion for Jurisdictional Discovery, #26 Answering Brief in Opposition,, by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Filing 29
Cross MOTION for Discovery // Plaintiffs' Cross-Motion for Jurisdictional Discovery - filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Kashishian, Ann) Modified on 3/18/2019 (dlw).
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Filing 28
CERTIFICATE OF SERVICE of Exhibits S1 and S2 to Certification of Joseph Grosso in Support of Answering Brief Opposing Defendants' Motion to Dismiss the First Amended Complaint by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. re #27 Exhibit to a Document, (Kashishian, Ann)
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CORRECTING ENTRY: D.I. 26 was replaced on the docket with a version that complies with the Local Rules. The footnotes were not in 12 point type as required by Local Rule 5.1.1(a). (dlw)
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CORRECTING ENTRY: D.I. 26 was replaced on the docket at the request of counsel to fix typographical errors. (dlw)
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Filing 27
[SEALED] EXHIBIT S-1 and S-2 to Certification of Joseph Grosso in Support of Answering Brief Opposing Motion to Dismiss First Amended Complaint by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Kashishian, Ann) Modified on 3/15/2019 (dlw). (Main Document 27 replaced on 8/22/2019) (mdb).
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Filing 26
ANSWERING BRIEF in Opposition re #24 MOTION to Dismiss for Failure to State a Claim filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc..Reply Brief due date per Local Rules is 3/21/2019. (Attachments: #1 Certification of Joseph Grosso, #2 Exhibits A-H to Grosso Certification)(Kashishian, Ann) (Main Document 26 replaced on 3/15/2019) (dlw). (Main Document 26 replaced on 3/15/2019) (dlw).
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Filing 25
OPENING BRIEF in Support re #24 MOTION to Dismiss for Failure to State a Claim filed by Jude Deiterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker.Answering Brief/Response due date per Stipulation is 3/13/2019. (Attachments: #1 Exhibit A - D)(Casarino, Marc) Modified on 2/12/2019 (dlw).
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Filing 24
MOTION to Dismiss for Failure to State a Claim - filed by Jude Deiterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc)
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Filing 23
STIPULATION Briefing Deadlines re #20 Amended Complaint, with (Proposed) Order Governing Defendants' Motion to Dismiss Amended Complaint by ABC Companies 1-10, Jude Deiterman, John Does 1-10, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Casarino, Marc) Modified on 2/12/2019 (dlw).
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SO ORDERED re #23 Stipulation. Set Briefing Schedule: Motion to Dismiss and Opening Brief due 2/11/2019. Answering Brief due 3/13/2019. Reply Brief due 3/20/2019. Opening and Answering briefs shall not exceed 25 pages or 6,250 words. Reply brief shall not exceed 15 pages or 3,750 words. ORDERED by Judge Maryellen Noreika on 2/5/2019. (dlw)
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Filing 22
ORAL ORDER - In light of Plaintiffs' First Amended Complaint #20 , the Court DENIES as MOOT Defendants' Motion to Dismiss #9 as it relates to the Original Complaint #1 . The Court FURTHER DENIES Plaintiff's Cross-Motion to File Second Amended Complaint #21 as MOOT and for failure to follow Judge Noreika's procedures for Motions to Amend/Motions to Strike. ORDERED by Judge Maryellen Noreika on 1/23/2019. (dlw)
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SO ORDERED re #17 MOTION for Pro Hac Vice Appearance of Attorney Marlo Hittman filed by Joseph Grosso, vMedex, Inc., Robert Nixon, Neuron Dynamics, LLC, Mark McCurry, Lorraine Grosso, Garth Schneider, Jeffrey Wickman, Brent Patton, Curt Van Calster, Eric Westbrook. ORDERED by Judge Maryellen Noreika on 1/23/2019. (dlw)
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Filing 21
MOTION to Amend/Correct - Plaintiff's Cross-Motion to File Second Amended Complaint - filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Attachments: #1 Brief in Support of Plaintiffs' Cross-Motion to File Second Amended Complaint, #2 Certification of Marlo J. Hittman, #3 Text of Proposed Order Proposed Order Regarding Plaintiffs' Cross-Motion to File Second Amended Complaint)(Kashishian, Ann) Modified on 1/23/2019 (dlw).
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Filing 20
First AMENDED COMPLAINT against All Defendants - filed by Robert Nixon, Jeffrey Wickman, Lorraine Grosso, Mark McCurry, vMedex, Inc., Eric Westbrook, Neuron Dynamics, LLC, Joseph Grosso, Garth Schneider, Curt Van Calster, Brent Patton.(Kashishian, Ann)
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Filing 19
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Neuron Dynamics, LLC. (Kashishian, Ann)
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Filing 18
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by vMedex, Inc.. (Kashishian, Ann)
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Filing 17
MOTION for Pro Hac Vice Appearance of Attorney Marlo Hittman - filed by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc.. (Kashishian, Ann)
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Pro Hac Vice Attorney David M. Friebus for Jude Deiterman, GTCR, LLC, Rx30 Holdings, LLC,TDS Operating, Inc., Transaction Data Systems, Inc., and Steve Wubker 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. (ddp)
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Filing 16
STIPULATION Regarding Briefing Schedule for #9 MOTION to Dismiss for Lack of Jurisdiction Over the Person by Joseph Grosso, Lorraine Grosso, Mark McCurry, Neuron Dynamics, LLC, Robert Nixon, Brent Patton, Garth Schneider, Curt Van Calster, Eric Westbrook, Jeffrey Wickman, vMedex, Inc. (Kashishian, Ann) Modified on 1/7/2019 (dlw).
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SO ORDERED re #16 Stipulation (Set Briefing Schedule: re #9 MOTION to Dismiss for Lack of Jurisdiction Over the Person - Answering Brief due 1/22/2019, Reply Brief due 1/29/2019). ORDERED by Judge Maryellen Noreika on 1/7/2019. (dlw)
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SO ORDERED re #15 MOTION for Pro Hac Vice Appearance of Attorney David M. Friebus filed by TDS Operating, Inc., Jude Deiterman, Rx30 Holdings, LLC, Steve Wubker, GTCR, LLC, Transaction Data Systems, Inc. ORDERED by Judge Maryellen Noreika on 1/2/2019. (dlw)
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Filing 15
MOTION for Pro Hac Vice Appearance of Attorney David M. Friebus - filed by Jude Deiterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Certification, #2 Text of Proposed Order)(Casarino, Marc)
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Filing 14
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Transaction Data Systems, Inc.. (Casarino, Marc)
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Filing 13
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by TDS Operating, Inc.. (Casarino, Marc)
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Filing 12
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Rx30 Holdings, LLC. (Casarino, Marc)
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Filing 11
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by GTCR, LLC. (Casarino, Marc)
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Filing 10
OPENING BRIEF in Support re #9 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by Jude Deiterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker.Answering Brief/Response due date per Local Rules is 1/4/2019. (Attachments: #1 Exhibit A-D)(Casarino, Marc)
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Filing 9
MOTION to Dismiss for Lack of Jurisdiction Over the Person - filed by Jude Deiterman, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker. (Attachments: #1 Text of Proposed Order)(Casarino, Marc)
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Filing 8
WAIVER OF SERVICE returned executed by Robert Nixon, Jeffrey Wickman, Lorraine Grosso, Mark McCurry, vMedex, Inc., Eric Westbrook, Neuron Dynamics, LLC, Joseph Grosso, Garth Schneider, Curt Van Calster, Brent Patton: For Steve Wubker waiver sent on 10/30/2018, answer due 12/31/2018. (Kashishian, Ann)
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Filing 7
WAIVER OF SERVICE returned executed by Robert Nixon, Jeffrey Wickman, Lorraine Grosso, Mark McCurry, vMedex, Inc., Eric Westbrook, Neuron Dynamics, LLC, Joseph Grosso, Garth Schneider, Curt Van Calster, Brent Patton: For Jude Deiterman waiver sent on 10/30/2018, answer due 12/31/2018. (Kashishian, Ann)
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Filing 6
WAIVER OF SERVICE returned executed by Robert Nixon, Jeffrey Wickman, Lorraine Grosso, Mark McCurry, vMedex, Inc., Eric Westbrook, Neuron Dynamics, LLC, Joseph Grosso, Garth Schneider, Curt Van Calster, Brent Patton: For GTCR, LLC waiver sent on 10/30/2018, answer due 12/31/2018. (Kashishian, Ann)
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Filing 5
WAIVER OF SERVICE returned executed by Robert Nixon, Jeffrey Wickman, Lorraine Grosso, Mark McCurry, vMedex, Inc., Eric Westbrook, Neuron Dynamics, LLC, Joseph Grosso, Garth Schneider, Curt Van Calster, Brent Patton: For Rx30 Holdings, LLC waiver sent on 10/30/2018, answer due 12/31/2018. (Kashishian, Ann)
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Filing 4
WAIVER OF SERVICE returned executed by Robert Nixon, Jeffrey Wickman, Lorraine Grosso, Mark McCurry, vMedex, Inc., Eric Westbrook, Neuron Dynamics, LLC, Joseph Grosso, Garth Schneider, Curt Van Calster, Brent Patton: For Transaction Data Systems, Inc. waiver sent on 10/30/2018, answer due 12/31/2018. (Kashishian, Ann)
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Filing 3
WAIVER OF SERVICE returned executed by Robert Nixon, Jeffrey Wickman, Lorraine Grosso, Mark McCurry, vMedex, Inc., Eric Westbrook, Neuron Dynamics, LLC, Joseph Grosso, Garth Schneider, Curt Van Calster, Brent Patton: For TDS Operating, Inc. waiver sent on 10/30/2018, answer due 12/31/2018. (Kashishian, Ann)
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Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
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Summons Issued with Magistrate Consent Notice attached as to Jude Deiterman on 10/26/2018; GTCR, LLC on 10/26/2018; Rx30 Holdings, LLC on 10/26/2018; TDS Operating, Inc. on 10/26/2018; Transaction Data Systems, Inc. on 10/26/2018; Steve Wubker on 10/26/2018. (crb)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
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Filing 1
COMPLAINT filed with Jury Demand against ABC Companies 1-10, Jude Deiterman, John Does 1-10, GTCR, LLC, Rx30 Holdings, LLC, TDS Operating, Inc., Transaction Data Systems, Inc., Steve Wubker - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number DEX030509.) - filed by Robert Nixon, Jeffrey Wickman, Lorraine Grosso, Mark McCurry, vMedex, Inc., Eric Westbrook, Neuron Dynamics, LLC, Joseph Grosso, Garth Schneider, Curt Van Calster, Brent Patton. (Attachments: #1 Civil Cover Sheet)(nmg)
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No Summons Issued. (nmg)
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