CareDx, Inc. v. Natera, Inc.
| CareDx, Inc. |
| Natera, Inc. |
| 1:2019cv00662 |
| April 10, 2019 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Colm F Connolly |
| Other Statutory Actions |
| 15 U.S.C. § 1125 |
| Both |
Docket Report
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This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
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ORAL ORDER Re-setting Scheduling Order Deadlines: The Final Pretrial Conference is rescheduled for 9/28/2021 at 04:00 PM in Courtroom 4B before Judge Colm F. Connolly., Proposed Pretrial Order due by 9/7/2021., The Jury Trial is rescheduled to begin on 10/25/2021 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 6/3/2021. (nmf)
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Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 5/14/2021. (Court Reporter V. Gunning.) (nmf)
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ORAL ORDER Setting Teleconference: Counsel for Plaintiff to coordinate the call and email the dial-in information to chambers. (A Telephone Conference is set for 5/14/2021 at 10:00 AM before Judge Colm F. Connolly.) Ordered by Judge Colm F. Connolly on 5/11/2021. (nmf)
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Filing 291
ORDER granting #170 MOTION Defendant Natera, Inc.'s Daubert Motion to Exclude the Opinions of Plaintiff's Expert James Malackowski Relating to "Corrective Advertising" Damages . Signed by Judge Colm F. Connolly on 5/7/2021. (nmf)
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Filing 290
MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 5/7/2021. (nmf)
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Filing 289
ORDER denying #182 Motion to Preclude. Signed by Judge Colm F. Connolly on 5/7/2021. (nmf)
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Filing 288
ORDER denying #184 Motion for Partial Summary Judgment. Signed by Judge Colm F. Connolly on 5/3/2021. (nmf)
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Filing 287
ORDER denying #166 Motion for Partial Summary Judgment. Signed by Judge Colm F. Connolly on 5/3/2021. (nmf)
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Filing 286
MEMORANDUM ORDER denying #172 Third MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for dd-cfDNA Threshold Statements filed by CareDx, Inc. Signed by Judge Colm F. Connolly on 4/21/2021. (nmf)
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Filing 285
MEMORANDUM ORDER denying #163 MOTION for Summary Judgment filed by Natera, Inc. Signed by Judge Colm F. Connolly on 4/12/2021. (nmf)
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ORAL ORDER: Plaintiff's motion for leave to file a supplemental opposition to Defendant's motion for summary judgment (D.I. #274 ) is DENIED AS MOOT. Ordered by Judge Colm F. Connolly on 4/12/2021. (nmf)
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Filing 284
REDACTED VERSION of #279 Declaration by Natera, Inc.. (Attachments: #1 Exhibits A-C)(Fahnestock, Derek)
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Filing 283
REDACTED VERSION of #278 Answering Brief in Opposition, by Natera, Inc.. (Fahnestock, Derek)
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Filing 282
Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding Request for Oral Argument - re #163 MOTION for Summary Judgment . (Fahnestock, Derek)
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Filing 281
REDACTED VERSION of #280 Reply Brief by CareDx, Inc.. (Farnan, Brian)
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Filing 280
[SEALED] REPLY BRIEF re #274 MOTION for Leave to File a Supplemental Opposition to Natera Inc.'s Motion for Summary Judgment filed by CareDx, Inc.. (Farnan, Brian)
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Filing 279
[SEALED] DECLARATION re #278 Answering Brief in Opposition, [of Kristin J. Achterhof] by Natera, Inc.. (Attachments: #1 Exhibits A-C)(Fahnestock, Derek)
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Filing 278
[SEALED] ANSWERING BRIEF in Opposition re #274 MOTION for Leave to File a Supplemental Opposition to Natera Inc.'s Motion for Summary Judgment filed by Natera, Inc..Reply Brief due date per Local Rules is 3/4/2021. (Fahnestock, Derek)
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Filing 277
REDACTED VERSION of #275 Declaration, by CareDx, Inc.. (Attachments: #1 Exhibits 1-10)(Farnan, Brian)
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Filing 276
REDACTED VERSION of #274 MOTION for Leave to File a Supplemental Opposition to Natera Inc.'s Motion for Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Motions No Longer Referred: #274 MOTION for Leave to File Supplemental Opposition to Natera Inc.'s Motion for Summary Judgment. The automatic referral generated by the system has been removed for this motion. (nmf)
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Filing 275
[SEALED] DECLARATION re #274 MOTION for Leave to File a Supplemental Opposition to Natera Inc.'s Motion for Summary Judgment of Edward R. Reines by CareDx, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Farnan, Brian)
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Filing 274
[SEALED] MOTION for Leave to File a Supplemental Opposition to Natera Inc.'s Motion for Summary Judgment - filed by CareDx, Inc. (Attachments: #1 Text of Proposed Order)(Farnan, Brian) Modified on 2/12/2021 (nmf).
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ORAL ORDER, In light of the letter of January 27, 2021 (D.I. #272 ) D.I. #161 , #176 and #179 are no longer pending before the Court. Ordered by Judge Colm F. Connolly on 1/28/2021. (nmf)
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Filing 273
Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding notice that Natera wishes to proceed on its single motion for summary judgment. (Fahnestock, Derek)
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Filing 272
Letter to The Honorable Colm F. Connolly from Brian E. Farnan regarding Motions for Summary Judgment. (Farnan, Brian)
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Filing 271
REDACTED VERSION of #219 Statement, by Natera, Inc.. (Fahnestock, Derek)
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Filing 270
REDACTED VERSION of #218 Statement, by Natera, Inc.. (Fahnestock, Derek)
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Filing 269
REDACTED VERSION of #217 Statement, by Natera, Inc.. (Fahnestock, Derek)
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Filing 268
REDACTED VERSION of #216 Statement, by Natera, Inc.. (Fahnestock, Derek)
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Filing 267
REDACTED VERSION of #215 Statement, by Natera, Inc.. (Fahnestock, Derek)
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Filing 266
REDACTED VERSION of #214 Statement, by Natera, Inc.. (Fahnestock, Derek)
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Filing 265
REDACTED VERSION of #213 Memorandum in Opposition, by Natera, Inc.. (Fahnestock, Derek)
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Filing 264
REDACTED VERSION of #212 Answering Brief in Opposition, by Natera, Inc.. (Fahnestock, Derek)
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Filing 263
REDACTED VERSION of #211 Memorandum in Opposition, by Natera, Inc.. (Fahnestock, Derek)
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Filing 262
REDACTED VERSION of #210 Memorandum in Opposition, by Natera, Inc.. (Fahnestock, Derek)
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Filing 261
REDACTED VERSION of #209 Memorandum in Opposition, by Natera, Inc.. (Fahnestock, Derek)
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Filing 260
REDACTED VERSION of #208 Memorandum in Opposition, by Natera, Inc.. (Fahnestock, Derek)
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Filing 259
Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding defendant's response to this morning's letter from plaintiff CareDx - re #258 Letter. (Fahnestock, Derek)
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Filing 258
Letter to The Colm F. Connolly from Brian E. Farnan regarding January 20, 2021 Conference. (Farnan, Brian)
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Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 1/20/2021. (Court Reporter V. Gunning.) (nmf)
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ORAL ORDER Re-setting Scheduling Order Deadlines: The Final Pretrial Conference is rescheduled for 7/14/2021 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly., Proposed Pretrial Order and Proposed Jury Instructions due by 6/23/2021., The Jury Trial is rescheduled for 7/26/2021 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 1/20/2021. (nmf)
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Filing 257
REDACTED VERSION of #240 Statement by CareDx, Inc.. (Farnan, Brian)
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Filing 256
REDACTED VERSION of #239 Reply Brief by CareDx, Inc.. (Farnan, Brian)
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Filing 255
REDACTED VERSION of #238 Statement by CareDx, Inc.. (Farnan, Brian)
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Filing 254
REDACTED VERSION of #237 Reply Brief by CareDx, Inc.. (Farnan, Brian)
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Filing 253
REDACTED VERSION of #236 Statement by CareDx, Inc.. (Farnan, Brian)
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Filing 252
REDACTED VERSION of #235 Reply Brief by CareDx, Inc.. (Farnan, Brian)
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Filing 251
REDACTED VERSION of #234 Reply Brief by CareDx, Inc.. (Farnan, Brian)
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Filing 250
REDACTED VERSION of #233 Statement by CareDx, Inc.. (Farnan, Brian)
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Filing 249
REDACTED VERSION of #232 Reply Brief by CareDx, Inc.. (Farnan, Brian)
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Filing 248
REDACTED VERSION of #230 Reply Brief by CareDx, Inc.. (Farnan, Brian)
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Filing 247
REDACTED VERSION of #229 Statement by CareDx, Inc.. (Farnan, Brian)
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Filing 246
REDACTED VERSION of #228 Reply Brief by CareDx, Inc.. (Farnan, Brian)
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Filing 245
REDACTED VERSION of #227 Declaration [of M. Masar] by Natera, Inc.. (Attachments: #1 Exhibit 7)(Raucci, Anthony)
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Filing 244
REDACTED VERSION of #226 Reply Brief, by Natera, Inc.. (Raucci, Anthony)
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Filing 243
Joint Letter to The Honorable Colm F. Connolly from Derek J. Fahnestock regarding the jury trial set for March 8, 2021. (Fahnestock, Derek)
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ORAL ORDER: In light of the Covid situation, trial will not go forward in March. A teleconference will be held on Wednesday January 20, 2021 at 11:00 a.m. to discuss scheduling. Counsel for Plaintiff shall coordinate the call and email the dial-in information to chambers. Ordered by Judge Colm F. Connolly on 1/13/2021. (nmf)
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Filing 242
[SEALED] STATEMENT re #241 Reply Brief [Defendant Natera, Inc.'s Responses to CareDx, Inc.'s Additional Material Facts in Support of Natera, Inc.'s Reply in Support of its Motion for Summary Judgment] by Natera, Inc.. (Attachments: #1 Declaration of Martin S. Masar III, #2 Exhibits 48-51)(Fahnestock, Derek)
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Filing 241
[SEALED] REPLY BRIEF re #163 MOTION for Summary Judgment filed by Natera, Inc.. (Fahnestock, Derek)
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Filing 240
[SEALED] STATEMENT re #239 Reply Brief Plaintiff's Responses to Natera, Inc.'s Counterstatement Of Facts In Opposition To Plaintiff's Second Motion For Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 239
[SEALED] REPLY BRIEF re #166 Second MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for the Parody Advertisement filed by CareDx, Inc.. (Farnan, Brian)
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Filing 238
[SEALED] STATEMENT re #237 Reply Brief Plaintiff's Responses to Natera, Inc.'s Counterstatement Of Facts In Opposition To Plaintiff's Sixth Motion For Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 237
[SEALED] REPLY BRIEF re #184 MOTION for Partial Summary Judgment regarding Natera's Claims Related to the Stites Paper (Sixth) filed by CareDx, Inc.. (Farnan, Brian)
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Filing 236
[SEALED] STATEMENT re #235 Reply Brief Plaintiff's Responses to Natera, Inc.'s Counterstatement Of Facts In Opposition To Plaintiff's Fifth Motion For Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 235
[SEALED] REPLY BRIEF re #179 Fifth MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims Related to the Melancon Paper filed by CareDx, Inc.. (Farnan, Brian)
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Filing 234
[SEALED] REPLY BRIEF re #182 MOTION to Preclude Improper Testimony of Dr. Robert Makuch filed by CareDx, Inc.. (Farnan, Brian)
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Filing 233
[SEALED] STATEMENT re #232 Reply Brief Plaintiff's Responses to Natera, Inc.'s Counterstatement Of Facts In Opposition To Plaintiff's Fourth Motion For Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 232
[SEALED] REPLY BRIEF re #176 Fourth MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for the Active Rejection Statements filed by CareDx, Inc.. (Farnan, Brian)
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Filing 231
STATEMENT re #230 Reply Brief Plaintiff's Responses to Natera, Inc.'s Counterstatement Of Facts In Opposition To Plaintiff's Third Motion For Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 230
[SEALED] REPLY BRIEF re #172 Third MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for dd-cfDNA Threshold Statements filed by CareDx, Inc.. (Farnan, Brian)
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Filing 229
[SEALED] STATEMENT re #228 Reply Brief Plaintiff's Responses to Natera, Inc.s Counterstatement Of Facts In Opposition To Plaintiff's First Motion For Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 228
[SEALED] REPLY BRIEF re #161 MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for Surveillance Documents filed by CareDx, Inc.. (Farnan, Brian)
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Filing 227
[SEALED] DECLARATION re #226 Reply Brief, [of Martin S. Masar III] by Natera, Inc.. (Attachments: #1 Exhibit 7)(Raucci, Anthony)
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Filing 226
[SEALED] REPLY BRIEF re #170 MOTION Defendant Natera, Inc.'s Daubert Motion to Exclude the Opinions of Plaintiff's Expert James Malackowski Relating to "Corrective Advertising" Damages filed by Natera, Inc.. (Raucci, Anthony)
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Filing 225
REDACTED VERSION of #207 Declaration by Natera, Inc.. (Attachments: #1 Exhibits 1-5)(Fahnestock, Derek)
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Filing 224
REDACTED VERSION of #206 Answering Brief in Opposition by Natera, Inc.. (Fahnestock, Derek)
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Filing 223
REDACTED VERSION of #205 Declaration by CareDx, Inc.. (Farnan, Brian)
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Filing 222
REDACTED VERSION of #204 Answering Brief in Opposition, by CareDx, Inc.. (Farnan, Brian)
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Filing 221
REDACTED VERSION of #203 Statement by CareDx, Inc.. (Farnan, Brian)
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Filing 220
REDACTED VERSION of #202 Answering Brief in Opposition by CareDx, Inc.. (Farnan, Brian)
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Filing 219
[SEALED] STATEMENT re #213 Memorandum in Opposition, #184 MOTION for Partial Summary Judgment regarding Natera's Claims Related to the Stites Paper (Sixth) [Defendant Natera, Inc.'s Concise Counterstatement of Facts in Opposition to Plaintiff's Sixth Motion for Partial Summary Judgment] by Natera, Inc.. (Attachments: #1 Declaration of Paul S. Yong, #2 Exhibits 1-29)(Fahnestock, Derek)
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Filing 218
[SEALED] STATEMENT re #212 Answering Brief in Opposition, #179 Fifth MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims Related to the Melancon Paper [Defendant Natera, Inc.'s Concise Counterstatement of Facts in Opposition to Plaintiff's Fifth Motion for Partial Summary Judgment] by Natera, Inc.. (Attachments: #1 Declaration of Paul S. Young, #2 Exhibits 1-13)(Fahnestock, Derek)
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Filing 217
[SEALED] STATEMENT re #176 Fourth MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for the Active Rejection Statements, #211 Memorandum in Opposition, [Defendant Natera, Inc.'s Concise Counterstatement of Facts in Opposition to Plaintiff's Fourth Motion for Partial Summary Judgment] by Natera, Inc.. (Attachments: #1 Declaration of Martin S. Masar III, #2 Exhibits 1-28)(Fahnestock, Derek)
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Filing 216
[SEALED] STATEMENT re #172 Third MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for dd-cfDNA Threshold Statements, #210 Memorandum in Opposition, [Defendant's Concise Counterstatement of Facts in Opposition to Plaintiff's Third Motion for Partial Summary Judgment] by Natera, Inc.. (Attachments: #1 Declaration of Martin S. Masar III, #2 Exhibits 1-14)(Fahnestock, Derek)
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Filing 215
[SEALED] STATEMENT re #166 Second MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for the Parody Advertisement, #209 Memorandum in Opposition, [Defendant Natera, Inc.'s Concise Counterstatement of Facts in Opposition to Plaintiff's Second Motion for Partial Summary Judgment] by Natera, Inc.. (Attachments: #1 Declaration of Martin S. Masar III, #2 Exhibits 1-23)(Fahnestock, Derek)
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Filing 214
[SEALED] STATEMENT re #161 MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for Surveillance Documents, #208 Memorandum in Opposition, [Defendant Natera, Inc.'s Concise Counterstatement of Facts in Opposition to Plaintiff's First Motion for Partial Summary Judgment] by Natera, Inc.. (Attachments: #1 Declaration of Martin S. Masar III, #2 Exhibits 1-23)(Fahnestock, Derek)
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Filing 213
[SEALED] MEMORANDUM in Opposition re #184 MOTION for Partial Summary Judgment regarding Natera's Claims Related to the Stites Paper (Sixth) filed by Natera, Inc..Reply Brief due date per Local Rules is 12/29/2020. (Fahnestock, Derek)
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Filing 212
[SEALED] ANSWERING BRIEF in Opposition re #179 Fifth MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims Related to the Melancon Paper filed by Natera, Inc..Reply Brief due date per Local Rules is 12/29/2020. (Fahnestock, Derek)
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Filing 211
[SEALED] MEMORANDUM in Opposition re #176 Fourth MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for the Active Rejection Statements filed by Natera, Inc..Reply Brief due date per Local Rules is 12/29/2020. (Fahnestock, Derek) (Main Document 211 replaced on 12/23/2020) (apk).
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Filing 210
[SEALED] MEMORANDUM in Opposition re #172 Third MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for dd-cfDNA Threshold Statements filed by Natera, Inc..Reply Brief due date per Local Rules is 12/29/2020. (Fahnestock, Derek)
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Filing 209
[SEALED] MEMORANDUM in Opposition re #166 Second MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for the Parody Advertisement filed by Natera, Inc..Reply Brief due date per Local Rules is 12/29/2020. (Fahnestock, Derek)
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Filing 208
[SEALED] MEMORANDUM in Opposition re #161 MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for Surveillance Documents filed by Natera, Inc..Reply Brief due date per Local Rules is 12/29/2020. (Fahnestock, Derek)
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Filing 207
[SEALED] DECLARATION re #206 Answering Brief in Opposition [of Thomas M. Artaki] by Natera, Inc.. (Attachments: #1 Exhibit 1-5)(Raucci, Anthony)
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Filing 206
[SEALED] ANSWERING BRIEF in Opposition re #182 MOTION to Preclude Improper Testimony of Dr. Robert Makuch filed by Natera, Inc..Reply Brief due date per Local Rules is 12/29/2020. (Raucci, Anthony)
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Filing 205
[SEALED] DECLARATION re #204 Answering Brief in Opposition, of Edward R. Reines by CareDx, Inc.. (Farnan, Brian)
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Filing 204
[SEALED] ANSWERING BRIEF in Opposition re #170 MOTION Defendant Natera, Inc.'s Daubert Motion to Exclude the Opinions of Plaintiff's Expert James Malackowski Relating to "Corrective Advertising" Damages filed by CareDx, Inc..Reply Brief due date per Local Rules is 12/29/2020. (Farnan, Brian)
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Filing 203
[SEALED] STATEMENT re #202 Answering Brief in Opposition Plaintiff's Responsive Concise Statement of Disputed Material Facts in Opposition to Natera's Motion for Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 202
[SEALED] ANSWERING BRIEF in Opposition re #163 MOTION for Summary Judgment filed by CareDx, Inc..Reply Brief due date per Local Rules is 12/29/2020. (Farnan, Brian)
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Filing 201
NOTICE OF SERVICE of Supplemental Expert Report of James E. Malackowski filed by CareDx, Inc..(Farnan, Brian)
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Filing 200
NOTICE to Take Deposition of Adam Prewett on 1/7/2021 filed by CareDx, Inc..(Farnan, Brian)
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Filing 199
NOTICE to Take Deposition of Paul Billings on 1/8/2021 filed by CareDx, Inc..(Farnan, Brian)
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Filing 198
NOTICE to Take Deposition of Shephalie Lahri on 1/8/2021 filed by CareDx, Inc..(Farnan, Brian)
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Filing 197
REDACTED VERSION of #168 Statement, by Natera, Inc.. (Attachments: #1 Declaration of Martin S. Masar III, #2 Exhibits 1-15, #3 Exhibits 16-30, #4 Exhibits 31-47)(Fahnestock, Derek)
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Filing 196
REDACTED VERSION of #164 MEMORANDUM in Support by Natera, Inc.. (Fahnestock, Derek)
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Filing 195
REDACTED VERSION of #174 Declaration, by Natera, Inc.. (Fahnestock, Derek)
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Filing 194
REDACTED VERSION of #171 Opening Brief in Support, by Natera, Inc.. (Fahnestock, Derek)
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Filing 193
REDACTED VERSION of #170 MOTION Defendant Natera, Inc.'s Daubert Motion to Exclude the Opinions of Plaintiff's Expert James Malackowski Relating to "Corrective Advertising" Damages by Natera, Inc.. (Fahnestock, Derek)
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Filing 192
REDACTED VERSION of #165 Statement by CareDx, Inc.. (Farnan, Brian)
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Filing 191
NOTICE to Take Deposition of David Bessette on 12/9/2020 filed by CareDx, Inc..(Farnan, Brian)
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Filing 190
ANSWER to #159 Amended Answer to Complaint, Counterclaim by CareDx, Inc..(Farnan, Brian)
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Filing 189
ORAL ORDER: The Court, having reviewed Plaintiffs December 4, 2020 letter regarding supplemental depositions, (D.I. 187), and Defendants December 7, 2020 responsive letter, (D.I. 188), hereby DENIES Plaintiff's request to order Defendant to produce the three witnesses for deposition prior to December 18, 2020 for the reasons stated in Defendant's letter, (id. at 1-2). Ordered by Judge Christopher J. Burke on 12/8/2020. (dlb)
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Filing 188
Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Response to Plaintiff's December 4, 2020 Letter - re #187 Letter. (Fahnestock, Derek)
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Filing 187
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Supplemental Depositions. (Farnan, Brian)
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CORRECTING ENTRY: The pdf of attachment 4 to D.I. #168 has been replaced with a corrected version to include slip sheets per request of filer. (nmf)
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Motions No Longer Referred - Removed referral automatically set by the system: #170 MOTION Defendant Natera, Inc.'s Daubert Motion to Exclude the Opinions of Plaintiff's Expert James Malackowski Relating to "Corrective Advertising" Damages , #182 MOTION to Preclude Improper Testimony of Dr. Robert Makuch (fms)
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Filing 186
STATEMENT re #185 Opening Brief in Support, Plaintiff's Concise State of Facts in Support of its Sixth Motion for Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 185
OPENING BRIEF in Support re #184 MOTION for Partial Summary Judgment regarding Natera's Claims Related to the Stites Paper (Sixth) filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 12/16/2020. (Farnan, Brian)
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Filing 184
MOTION for Partial Summary Judgment regarding Natera's Claims Related to the Stites Paper (Sixth) - filed by CareDx, Inc.. (Attachments: #1 Text of Proposed Order)(Farnan, Brian)
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Filing 183
OPENING BRIEF in Support re #182 MOTION to Preclude Improper Testimony of Dr. Robert Makuch filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 12/16/2020. (Farnan, Brian)
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Filing 182
MOTION to Preclude Improper Testimony of Dr. Robert Makuch - filed by CareDx, Inc.. (Attachments: #1 Text of Proposed Order) (Farnan, Brian) Modified on 12/3/2020 (fms).
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Filing 181
STATEMENT re #180 Opening Brief in Support, Plaintiff's Concise State of Facts in Support of its Fifth Motion for Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 180
OPENING BRIEF in Support re #179 Fifth MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims Related to the Melancon Paper filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 12/16/2020. (Farnan, Brian)
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Filing 179
Fifth MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims Related to the Melancon Paper - filed by CareDx, Inc.. (Attachments: #1 Text of Proposed Order)(Farnan, Brian)
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Filing 178
STATEMENT re #177 Opening Brief in Support, Plaintiff's Concise State of Facts in Support of its Fourth Motion for Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 177
OPENING BRIEF in Support re #176 Fourth MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for the Active Rejection Statements filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 12/16/2020. (Farnan, Brian)
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Filing 176
Fourth MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for the Active Rejection Statements - filed by CareDx, Inc.. (Attachments: #1 Text of Proposed Order)(Farnan, Brian)
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Filing 175
STATEMENT re #173 Opening Brief in Support, Plaintiff's Concise State of Facts in Support of its Third Motion for Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 174
[SEALED] DECLARATION re #170 MOTION Defendant Natera, Inc.'s Daubert Motion to Exclude the Opinions of Plaintiff's Expert James Malackowski Relating to "Corrective Advertising" Damages , #171 Opening Brief in Support, [Declaration of Martin S. Masar III] by Natera, Inc.. (Attachments: #1 Exhibits 1-6)(Fahnestock, Derek)
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Filing 173
OPENING BRIEF in Support re #172 Third MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for dd-cfDNA Threshold Statements filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 12/16/2020. (Farnan, Brian)
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Filing 172
Third MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for dd-cfDNA Threshold Statements - filed by CareDx, Inc.. (Attachments: #1 Text of Proposed Order)(Farnan, Brian)
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Filing 171
[SEALED] OPENING BRIEF in Support re #170 MOTION Defendant Natera, Inc.'s Daubert Motion to Exclude the Opinions of Plaintiff's Expert James Malackowski Relating to "Corrective Advertising" Damages filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 12/16/2020. (Fahnestock, Derek)
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Filing 170
[SEALED] MOTION Defendant Natera, Inc.'s Daubert Motion to Exclude the Opinions of Plaintiff's Expert James Malackowski Relating to "Corrective Advertising" Damages - filed by Natera, Inc.(Fahnestock, Derek) Modified on 12/3/2020 (fms).
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Filing 169
STATEMENT re #167 Opening Brief in Support, Plaintiff's Concise State of Facts in Support of its Second Motion for Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 168
[SEALED] STATEMENT re #164 MEMORANDUM in Support, #163 MOTION for Summary Judgment [Defendant's Concise Statement of Undisputed Facts in Support of its Motion for Summary Judgment on Plaintiff's Claims] by Natera, Inc.. (Attachments: #1 Declaration of Martin S. Masar III, #2 Exhibits 1-15, #3 Exhibits 16-30, #4 Exhibits 31-47)(Fahnestock, Derek) (Attachment 4 replaced on 12/3/2020) (nmf, ).
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Filing 167
OPENING BRIEF in Support re #166 Second MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for the Parody Advertisement filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 12/16/2020. (Farnan, Brian)
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Filing 166
Second MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for the Parody Advertisement - filed by CareDx, Inc.. (Attachments: #1 Text of Proposed Order)(Farnan, Brian)
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Filing 165
[SEALED] STATEMENT re #162 Opening Brief in Support, Plaintiff's Concise State of Facts in Support of its First Motion for Partial Summary Judgment by CareDx, Inc.. (Farnan, Brian)
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Filing 164
[SEALED] MEMORANDUM in Support re #163 MOTION for Summary Judgment filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 12/16/2020. (Fahnestock, Derek)
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Filing 163
MOTION for Summary Judgment - filed by Natera, Inc.. (Fahnestock, Derek)
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Filing 162
OPENING BRIEF in Support re #161 MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for Surveillance Documents filed by CareDx, Inc..Answering Brief/Response due date per Local Rules is 12/16/2020. (Farnan, Brian)
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Filing 161
MOTION for Partial Summary Judgment regarding Natera's False Advertising Claims for Surveillance Documents - filed by CareDx, Inc.. (Attachments: #1 Text of Proposed Order)(Farnan, Brian)
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Filing 160
REDACTED VERSION of #159 Amended Answer to Complaint, Counterclaim by Natera, Inc.. (Fahnestock, Derek)
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Filing 159
[SEALED] AMENDED ANSWER to #45 Amended Complaint,, COUNTERCLAIM against CareDx, Inc. by Natera, Inc.. (Attachments: #1 Exhibits 1-21)(Fahnestock, Derek)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 11/24/2020 regarding D.I. #131 MOTION for Leave to File Proposed Amended Answer and Counterclaims filed by Natera, Inc. The Court heard telephonic argument regarding the Motion and the parties' discovery disputes raised in D.I. 157. The Court granted the motion. The Court resolved the two discovery disputes. (Court Reporter Valerie Gunning.) Appearances: M. Farnan, E. Reines for Plaintiff; D Fahnestock, C. Costley for Defendant. (mlc)
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Filing 158
ORAL ORDER: The Court, having reviewed the parties' November 23, 2020 letter, (D.I. 157), hereby ORDERS that the parties shall present the additional issues set out in the letter orally to the Court during the November 24, 2020 teleconference. Ordered by Judge Christopher J. Burke on 11/23/2020. (dlb)
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Filing 157
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding November 24, 2020 Hearing. (Farnan, Brian)
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Filing 156
NOTICE to Take Deposition of Dr. Robert W. Makuch on 11/16/2020 filed by CareDx, Inc..(Farnan, Brian)
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Filing 155
NOTICE to Take Deposition of Dr. John G. Plumpe on 11/16/2020 filed by CareDx, Inc..(Farnan, Brian)
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Filing 154
NOTICE OF SERVICE of Dr. Steven Weisbord's Responsive Report to the Supplemental Expert Report of Uwe Christians filed by CareDx, Inc..(Farnan, Brian)
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Filing 153
NOTICE to Take Deposition of James Malackowski on November 12, 2020 filed by Natera, Inc..(Fahnestock, Derek)
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Filing 152
NOTICE to Take Deposition of Dr. Steven Weisbord on November 11, 2020 filed by Natera, Inc..(Fahnestock, Derek)
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Filing 151
NOTICE OF SERVICE of Reply Expert Report of Robert W. Makuch, Ph.D. filed by Natera, Inc..(Fahnestock, Derek)
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Filing 150
NOTICE OF SERVICE of Expert Reply Report of Dr. Steven Weisbord filed by CareDx, Inc..(Farnan, Brian)
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Filing 149
NOTICE OF SERVICE of Reply Expert Report of James E. Malackowski filed by CareDx, Inc..(Farnan, Brian)
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SO ORDERED D.I. #148 Stipulation filed by CareDx, Inc. resolving D.I. #142 MOTION for Teleconference to Resolve Discovery Dispute. Ordered by Judge Christopher J. Burke on 11/2/2020. (dlb)
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Filing 148
STIPULATION Regarding Deposition of and Documents from Third Party Dr. Joseph Keith Melancon re 136 Order Setting Teleconference,,,,, by CareDx, Inc.. (Farnan, Brian)
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Filing 147
SO ORDERED D.I. #146 Stipulation to Amend Discovery Dispute Filing Deadlines filed by CareDx, Inc. Ordered by Judge Christopher J. Burke on 10/26/2020. (dlb)
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Filing 146
STIPULATION to Amend Discovery Dispute Filing Deadlines by CareDx, Inc.. (Farnan, Brian)
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Filing 145
NOTICE to Take Deposition of Dr. Uwe Christians on 10/23/2020 filed by CareDx, Inc..(Farnan, Brian)
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Filing 144
NOTICE OF SERVICE of (1) Rebuttal Expert Report of John G. Plumpe, and (2) Rebuttal Expert Report of Uwe Christians, M.D, Ph.D. filed by Natera, Inc..(Fahnestock, Derek)
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Filing 143
NOTICE OF SERVICE of Rebuttal Report of Dr. Steven Weisbord filed by CareDx, Inc..(Farnan, Brian)
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Filing 142
MOTION for Teleconference to Resolve Discovery Dispute - filed by CareDx, Inc.. Motions referred to Christopher J. Burke.(Farnan, Michael)
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Filing 141
REDACTED VERSION of #132 Letter, by Natera, Inc.. (Fahnestock, Derek)
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Filing 140
REDACTED VERSION of #131 MOTION for Leave to File Proposed Amended Answer and Counterclaims by Natera, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fahnestock, Derek)
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Filing 139
REDACTED VERSION of #133 Letter, by CareDx, Inc.. (Attachments: #1 Exhibits A-D)(Farnan, Brian)
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Filing 138
[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Letter Brief in Support of Defendant's Motion for Leave to File Its Amended Answer and Counterclaims - re #131 MOTION for Leave to File Proposed Amended Answer and Counterclaims. (Fahnestock, Derek)
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Filing 137
ORAL ORDER: The Court, having reviewed the parties' October 9, 2020 letter requesting a teleconference regarding Natera Inc.s Motion for Leave to File Its Proposed Amended Answer and Counterclaims (the "Motion"), (D.I. 135), hereby ORDERS that the Court will hear argument regarding the Motion during the November 24, 2020 teleconference scheduled for 1:00 pm, in addition to hearing argument regarding the parties' discovery dispute. Ordered by Judge Christopher J. Burke on 10/9/2020. (dlb)
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Filing 136
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' October 9, 2020 letter requesting a discovery teleconference regarding one discovery dispute. (D.I. 134) It hereby ORDERS as follows with regard to this dispute: (1) A discovery dispute teleconference is set for November 24, 2020 at 1:00 PM before Judge Christopher J. Burke.; (2) By no later than October 23, 2020, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than November 6, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that partys reasons for its opposition.; (4) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (5) By no later than November 12, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve this dispute prior to the telephone conference and may, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 10/9/2020. (dlb)
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Filing 135
Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Request for Teleconference - re #131 MOTION for Leave to File Proposed Amended Answer and Counterclaims. (Fahnestock, Derek)
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Filing 134
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
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Filing 133
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Answering Letter Brief in Opposition to Defendant's Motion to Amend - re #131 MOTION for Leave to File Proposed Amended Answer and Counterclaims. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Farnan, Brian)
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Filing 132
[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Defendant Natera, Inc.'s Motion For Leave to File its Proposed Amended Answer and Counterclaims - re #131 MOTION for Leave to File Proposed Amended Answer and Counterclaims. (Fahnestock, Derek)
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Filing 131
[SEALED] MOTION for Leave to File Proposed Amended Answer and Counterclaims - filed by Natera, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motions referred to Christopher J. Burke.(Fahnestock, Derek)
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Filing 130
NOTICE OF SERVICE of (i) Expert Report of James E. Malackowski and (ii) Expert Report of Dr. Steven Weisbord filed by CareDx, Inc..(Farnan, Brian)
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Filing 129
NOTICE OF SERVICE of Opening Expert Report of Robert W. Makuch, Ph.D. filed by Natera, Inc..(Fahnestock, Derek)
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Filing 128
ORAL ORDER: The Court, having reviewed Plaintiff CareDx, Inc.'s ("Plaintiff") discovery-related motion ("Motion"), (D.I. #122 ), the briefing related thereto, (D.I. 123; D.I. 125), and having heard argument on the Motion on September 14, 2020, hereby ORDERS as follows: (1) With regard to the dispute about Defendant Natera, Inc.s ("Defendant") failure to produce certain responsive documents post-dating the filing of the Complaint, (D.I. 123 at 1-2; D.I. 125 at 1-2), the Court GRANTS Plaintiff's Motion. The Court agrees with Plaintiff that Defendant's responsive documents, including e-mail post-dating the Complaint, will likely be relevant in this case for the reasons Plaintiff suggests. (D.I. 123 at 1) To the extent that Defendant argues that the scope of the production is of a magnitude that would make it unduly burdensome to produce all requested documents, (D.I. 125 at 2), Defendant has not provided the Court with a sufficient record to deny the Motion on that ground. The Court also agrees with Plaintiff that any objection Defendant made to producing such documents during the discovery period was both vague and in violation of Rule 34(b)(2)(C). (D.I. 123 at 2); see also CapRate Events, LLC v. Knobloch, No. 17-CV-5907-NGG-SJB, 2018 WL 4378167, at *2 (E.D.N.Y. Apr. 18, 2018). And under the circumstances of the case, including the significant amount of case-related activity that was occurring during the timeframe between June and August 2020 and the lack of clarity over what type of post-April 2019 documents were in Defendant's original production, the Court cannot say that Plaintiff demonstrated a lack of diligence in raising this issue. (D.I. 125 at 2) Therefore, Defendant shall produce the requested documents by no later than October 23, 2020, and shall do so on a rolling basis to the extent practicable.; (2) With regard to Plaintiff's request that Defendant produce certain "Milestone" presentations in entirely unreacted form, (D.I. 123 at 2-3; D.I. 125 at 2), the Motion is DENIED. Defendant's counsel has represented that the redacted portions of these documents contain only "sensitive information about new products unrelated to this case." (D.I. 125 at 2) Having reviewed the documents, the Court has no basis to question Defendant's counsel's representation, and therefore, based on this record, will deny the request.; (3) With regard to Plaintiff's request for a deposition of Defendant's Chief Executive Officer Steve Chapman, (D.I. 123 at 3; D.I. 125 at 3), the request is DENIED. One of the bases for Plaintiff's request is that Defendant's Rule 30(b)(6) witness was not prepared for his original deposition on Topic No. 32, but Defendant correctly notes that pursuant to Rule 30(b)(6), Defendant can choose who it designates for such a deposition (and that Defendant intends to designate another employee). (D.I. 125 at 3) To the extent that Plaintiff argues that Mr. Chapman should be deposed because he has unique knowledge about the approval process for Prospera marketing materials, (D.I. 123 at 3), the record does not clearly indicate that Mr. Chapman's knowledge on that score is unique, (id., ex. A at 30-31). Finally, to the extent that Plaintiff argues that Mr. Chapman has unique knowledge about a February 8, 2019 e-mail that he sent, (id. at 3), the Court agrees that he does and that the e-mail appears very relevant to the case. But the e-mail was produced to Plaintiff on June 12, 2020, and the time period for arranging and taking such depositions has ended; the Court does not find good cause to reopen the deposition period in this regard. (D.I. 125 at 3) Ordered by Judge Christopher J. Burke on 9/16/2020. (mlc)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 9/14/2020. The Court heard argument regarding Plaintiff's discovery disputes, (D.I. 122). The Court took the matters under advisement and will issue an order. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, S. Bosco for Plaintiff; D Fahnestock, K. Achterhof, J. Mazur for Defendant. (mlc)
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SO ORDERED, re #127 STIPULATION to Amend Scheduling Order filed by Natera, Inc., Set/Reset Scheduling Order Deadlines: ( Expert Discovery due by 11/16/2020.) See stipulation for details. Signed by Judge Colm F. Connolly on 9/14/2020. (nmf)
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Filing 127
STIPULATION to Amend Scheduling Order by Natera, Inc.. (Fahnestock, Derek)
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Filing 126
REDACTED VERSION of #123 Letter, by CareDx, Inc.. (Attachments: #1 Exhibits A-J)(Farnan, Brian)
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Filing 125
[SEALED] Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Response to CareDx's Letter Regarding Discovery Dispute - re #123 Letter,. (Attachments: #1 Oral Order)(Fahnestock, Derek)
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Filing 124
Amended NOTICE of Subpoenas to Joseph Keith Melancon by Natera, Inc. (Fahnestock, Derek)
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Filing 123
[SEALED] Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Discovery Dispute. (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)(Farnan, Brian) (Main Document 123 replaced on 9/3/2020) (dlb).
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Filing 122
MOTION for Teleconference to Resolve Discovery Dispute - filed by CareDx, Inc.. Motions referred to Christopher J. Burke.(Farnan, Michael)
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Filing 121
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' August 27, 2020 letter requesting a discovery teleconference regarding two discovery disputes. (D.I. 120) It hereby ORDERS as follows with regard to this dispute: (1) A discovery dispute teleconference is set for 9/14/2020 at 04:00 PM before Judge Christopher J. Burke.; (2) By no later than September 3, 2020, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than September 10, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (5) By no later than September 10, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve this dispute prior to the telephone conference and may, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 8/28/2020. (mlc)
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Filing 120
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Request for Discovery Teleconference. (Farnan, Brian)
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Filing 119
NOTICE of Subpoenas (Amended) to Joseph Keith Melancon by Natera, Inc. (Fahnestock, Derek)
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Filing 118
NOTICE OF SERVICE of CareDx's Responses and Objections to Natera's Third Set of Requests for Production (No. 95) filed by CareDx, Inc..(Farnan, Brian)
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Filing 117
NOTICE OF SERVICE of (i) CareDx Inc.'s Responses and Objections to Third Set of Interrogatories (Nos. 15-17); (ii) CareDx Inc.'s Amended Responses and Objections to Natera's First Set of Interrogatories (Nos. 1-8); and (iii) CareDx Inc.'s Amended Responses and Objections to Second Set of Interrogatories (Nos. 9-14) filed by CareDx, Inc..(Farnan, Brian)
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Filing 116
NOTICE OF SERVICE of Defendant Natera, Inc.'s Objections and Responses to Plaintiff CareDx, Inc.'s Second Set of Interrogatories (Nos. 12-25) filed by Natera, Inc..(Fahnestock, Derek)
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Filing 115
NOTICE of Subpoenas to Joseph Keith Melancon by Natera, Inc. (Fahnestock, Derek)
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Filing 114
NOTICE OF SERVICE of Defendant Natera, Inc.'s Objections to Plaintiff CareDx Inc.'s Notice of Deposition of Defendant Natera, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by Natera, Inc..(Fahnestock, Derek)
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Filing 113
NOTICE OF SERVICE of Plaintiff CareDx, Inc.'s Objections to Defendant Natera, Inc.'s Rule 30(b)(6) Deposition Notice filed by CareDx, Inc..(Farnan, Brian)
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Filing 112
ORAL ORDER: The Court, having reviewed the parties' joint status report, (D.I. 111), hereby ORDERS that to the extent that the parties are unable to reach agreement regarding a dispute about the necessity or content of a proposed revised case schedule, they should follow the Court's discovery dispute procedures and advise the Court of that fact via joint letter. Ordered by Judge Christopher J. Burke on 8/10/2020. (dlb)
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Filing 111
Joint STATUS REPORT Concerning Depositions by CareDx, Inc.. (Farnan, Brian)
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Filing 110
NOTICE of Subpoena to James Yee by Natera, Inc. (Fahnestock, Derek)
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Filing 109
MOTION for Pro Hac Vice Appearance of Attorney Martin S. Masar III, Ph.D. of Katten Muchin Rosenman LLP - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek)
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Filing 108
MOTION for Pro Hac Vice Appearance of Attorney Thomas Artaki and Paul S. Yong of Katten Muchin Rosenman LLP - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek)
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SO ORDERED D.I. #109 MOTION for Pro Hac Vice Appearance of Attorney Martin S. Masar III, Ph.D. of Katten Muchin Rosenman LLP filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 8/4/2020. (mlc)
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SO ORDERED D.I. #108 MOTION for Pro Hac Vice Appearance of Attorney Thomas Artaki and Paul S. Yong of Katten Muchin Rosenman LLP filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 8/4/2020. (mlc)
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Filing 107
NOTICE to Take Deposition of David Hiller on a date and time mutually agreed upon by the parties filed by Natera, Inc..(Raucci, Anthony)
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Filing 106
NOTICE to Take Deposition of Peter Maag on a date and time mutually agreed upon by the parties filed by Natera, Inc..(Raucci, Anthony)
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Filing 105
NOTICE of Subpoenas to be served on Dr. Steven R. Potter by Natera, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Raucci, Anthony)
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Filing 104
NOTICE to Take Deposition of Solomon Moshkevich on a date and at a time mutually agreed upon filed by CareDx, Inc..(Farnan, Brian)
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Filing 103
NOTICE to Take Deposition of Stephalie Lahri on a date and at a time mutually agreed upon filed by CareDx, Inc..(Farnan, Brian)
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Filing 102
NOTICE to Take Deposition of Phil Gauthier on a date and at a time mutually agreed upon filed by CareDx, Inc..(Farnan, Brian)
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Filing 101
NOTICE to Take Deposition of Paul Billings on a date and at a time mutually agreed upon filed by CareDx, Inc..(Farnan, Brian)
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Filing 100
NOTICE to Take Deposition of Felipe Acosta Archila on a date and at a time mutually agreed upon filed by CareDx, Inc..(Farnan, Brian)
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Filing 99
NOTICE to Take Deposition of Allison Ryan on a date and at a time mutually agreed upon filed by CareDx, Inc..(Farnan, Brian)
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Filing 98
NOTICE to Take Deposition of Adam Prewett on a date and at a time mutually agreed upon filed by CareDx, Inc..(Farnan, Brian)
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Filing 97
ORAL ORDER: The Court, having reviewed the parties' motion for resolution of a discovery dispute brought by Defendant ("Motion"), (D.I. 91), and the briefing related thereto, (D.I. 84; D.I. 85), and having heard oral argument on July 20, 2020, hereby ORDERS that the Motion is DENIED. With its Motion, Defendant seeks to move the trial date in this case by seven months. But the Court is not convinced, based on the record currently before it, that the trial date (and associated pre-trial deadlines) must be moved. The trial date that the Court picked in this case was in the same month (March 2021) as was requested by Defendant (a date that was three months later than the trial date requested by Plaintiff). (D.I. 29, ex. A at 14) In its letter brief, most of the issues Defendant cites as being reasons why the trial date must move are issues that either could have been anticipated to occur in a case like this (i.e., that Defendant later filed counterclaims, or that Defendant's experts might need to employ a survey, or about the pressures raised by the general contours of the schedule), or are issues that haven't been shown to have actually impacted the pre-trial schedule so far (i.e., COVID-19). The fact that no depositions have yet occurred (with the fact discovery deadline of August 14, 2020 approaching) is a concern, but it is not clear to the Court that the parties cannot complete the needed depositions in a timely-enough fashion (perhaps with the need to have some of those depositions take place after August 14) to keep the case on track for trial in March 2021. The Court also ORDERS that the parties: (1) further meet and confer to set dates for all fact depositions in a timely fashion and to discuss whether certain of such depositions may need to occur after August 14; and (2) file a status report letter of no more than three (3) single-spaced pages by August 7, 2020 providing their respective views on the state of fact discovery. Ordered by Judge Christopher J. Burke on 7/21/2020. (dlb)
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Filing 96
NOTICE to Take Deposition of Natera, Inc. on a date and at a time mutually agreed upon filed by CareDx, Inc..(Farnan, Brian)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 7/20/2020. The Court heard argument regarding the parties' discovery dispute motion, (D.I. 91). The Court took the motion under advisement and will issue an order shortly. (Court Reporter Valerie Gunning. Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, R. Singer, S. Bosco for Plaintiff; D. Fahnestock, K. Achterhof, C. Costley, J. Mazur for Defendant. (mlc)
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Filing 95
NOTICE to Take Deposition of Sham Dholakia on a date and time mutually agreed upon by the parties filed by Natera, Inc..(Fahnestock, Derek)
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Filing 94
NOTICE to Take Deposition of Robert Woodward on a date and time mutually agreed upon by the parties filed by Natera, Inc..(Fahnestock, Derek)
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Filing 93
NOTICE to Take Deposition of Michael Olymbios on a date and time mutually agreed upon by the parties filed by Natera, Inc..(Fahnestock, Derek)
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Filing 92
NOTICE of Subpoenas to Roy D. Bloom by Natera, Inc. (Fahnestock, Derek)
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Filing 91
Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek)
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Filing 90
NOTICE to Take Deposition of Sasha King on a mutually agreed upon date and time filed by Natera, Inc..(Fahnestock, Derek)
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Filing 89
NOTICE OF SERVICE of Defendant Natera, Inc.'s Third Set of Requests for Production filed by Natera, Inc..(Fahnestock, Derek)
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Filing 88
NOTICE to Take Deposition of CareDx, Inc. on a mutually agreed upon date and time filed by Natera, Inc..(Fahnestock, Derek)
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Filing 87
NOTICE OF SERVICE of Defendant Natera, Inc.'s Third Set of Interrogatories filed by Natera, Inc..(Fahnestock, Derek)
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Filing 86
NOTICE OF SERVICE of CareDx's Second Set of Interrogatories filed by CareDx, Inc..(Farnan, Brian)
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ORAL ORDER Due to a scheduling conflict, the time of the Telephone Conference set for 7/20/2020 has been changed to commence at 12:00 PM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 7/14/2020. (dlb)
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Filing 85
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's July 2, 2020 Letter - re #84 Letter,. (Attachments: #1 Exhibit A)(Farnan, Brian) (Main Document 85 replaced on 7/9/2020) (dlb).
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CORRECTING ENTRY: PDF at D.I. 85 has been replaced at the request of the filer. (dlb)
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Filing 84
Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Natera, Inc.'s Opening Letter Related to Request to Extend Schedule - re 83 Order Setting Teleconference,,,,,. (Attachments: #1 [Proposed] Order Amending Schedule)(Fahnestock, Derek)
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Filing 83
ORAL ORDER: Setting Teleconference: The Court has reviewed the parties' June 25, 2020 letter requesting a discovery teleconference regarding one discovery dispute. (D.I. 82) It hereby ORDERS as follows with regard to this dispute: (1) A discovery dispute teleconference is set for July 20, 2020 at 1:00 p.m. before Judge Christopher J. Burke.; (2) By no later than July 2, 2020, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By no later than July 9, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (5) By no later than July 16, 2020, the parties shall jointly provide the Courts Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve this dispute prior to the telephone conference and may, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 6/26/2020. (dlb)
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Filing 82
Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Request for Discovery Teleconference. (Fahnestock, Derek)
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Filing 81
ORAL ORDER: The Court, having reviewed the parties' June 5, 2020 Interim Status Report, (D.I. 80), hereby ORDERS that if the parties have a dispute regarding extension of the case schedule that they are unable to resolve after meeting and conferring, they shall raise the dispute with the Court via the Court's discovery dispute procedures. Ordered by Judge Christopher J. Burke on 6/8/2020. (dlb)
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Filing 80
Interim STATUS REPORT by CareDx, Inc.. (Farnan, Michael)
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Filing 79
NOTICE of Subpoena for Deposition Testimony to Minnie M. Sarwal by CareDx, Inc. (Attachments: #1 Attachment)(Farnan, Brian)
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Filing 78
NOTICE of Subpoena for Documents to Minnie M. Sarwal by CareDx, Inc. (Attachments: #1 Attachment)(Farnan, Brian)
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Filing 77
NOTICE of Subpoena for Deposition Testimony to The Regents of the University of California by CareDx, Inc. (Attachments: #1 Attachment)(Farnan, Brian)
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Filing 76
NOTICE of Subpoena for Documents to The Regents of the University of California by CareDx, Inc. (Attachments: #1 Attachment)(Farnan, Brian)
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Filing 75
NOTICE OF SERVICE of CareDx Inc.'s Responses and Objections to Second Set of Interrogatories (Nos. 9-14) filed by CareDx, Inc..(Farnan, Michael)
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Filing 74
NOTICE OF SERVICE of Defendant Natera, Inc.'s Objections and Responses to Plaintiff CareDx, Inc.'s Second Set of Requests for Production of Documents (Nos. 14-73) filed by Natera, Inc..(Fahnestock, Derek)
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SO ORDERED D.I. #73 Stipulation to extend scheduling deadlines filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 5/15/2020. (dlb)
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Filing 73
STIPULATION to Amend Scheduling Order by Natera, Inc.. (Fahnestock, Derek)
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Filing 72
NOTICE OF SERVICE of CareDx's Corrected Responses and Objections to Natera's Second Set of Requests for Production (Nos. 24-94) filed by CareDx, Inc..(Farnan, Brian)
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Filing 71
NOTICE OF SERVICE of CareDx's Responses and Objections to Natera's Second Set of Requests for Production (Nos. 24-94) filed by CareDx, Inc..(Farnan, Brian)
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Filing 70
NOTICE OF SERVICE of (1) Defendant Natera, Inc.'s Amended Initial Disclosures; and (2) Defendant Natera, Inc.'s Amended Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Natera, Inc..(Fahnestock, Derek)
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Filing 69
ORAL ORDER: As a result of the teleconference in 19-662 CFC-CJB, which included discussion of 19-567(consol.) CFC-CJB, counsel shall advise in either joint or separate emails to Ms. Kennedy and me when they believe mediation in either of these matters would be appropriate. Ordered by Judge Mary Pat Thynge on 4/27/20. Associated Cases: 1:19-cv-00662-CFC-CJB, 1:19-cv-00567-CFC-CJB(cak)
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Filing 68
NOTICE OF SERVICE of (i) CareDx Inc.'s Responses and Objections to First Set of Interrogatories (Nos. 1-8) and (ii) CareDx's Responses and Objections to First Set of Requests for Production (Nos. 1-23) filed by CareDx, Inc..(Farnan, Brian)
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Filing 67
NOTICE OF SERVICE of CareDx Inc.'s Second Set of Requests for Production of Documents filed by CareDx, Inc..(Farnan, Brian)
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Filing 66
NOTICE OF SERVICE of Defendant Natera, Inc.'s Second Set of Interrogatories filed by Natera, Inc..(Fahnestock, Derek)
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Filing 65
NOTICE requesting Clerk to remove Andrew M. Holmes, Charles K. Verhoeven, Carl G. Anderson, Sandra Haberny, Miles Freeman and the Law Firm of Quinn Emanuel Urquhart & Sullivan, LLP as co-counsel.. (Fahnestock, Derek)
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Pro Hac Vice Attorney Julia L. Mazur for Natera, Inc. 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. (kmd)
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Pro Hac Vice Attorney Kristin J. Achterhof for Natera, Inc. 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. (mal)
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Filing 64
NOTICE OF SERVICE of Defendant Natera, Inc.'s Second Set of Requests for Production filed by Natera, Inc..(Fahnestock, Derek)
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Filing 63
ANSWER to #53 Answer to Amended Complaint, Counterclaim by CareDx, Inc..(Farnan, Brian)
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Filing 62
MOTION for Pro Hac Vice Appearance of Attorney Christina L. Costley, Bruce G. Vanyo, Kristin J. Achterhof and Julia L. Mazur - filed by Natera, Inc.. Motions referred to Christopher J. Burke.(Fahnestock, Derek)
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SO ORDERED D.I. #62 MOTION for Pro Hac Vice Appearance of Attorney Christina L. Costley, Bruce G. Vanyo, Kristin J. Achterhof and Julia L. Mazur filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 3/18/2020. (dlb)
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Filing 61
NOTICE OF SERVICE of (1) Defendant Natera, Inc.'s Objections and Responses to Plaintiff CareDx, Inc.'s First Set of Interrogatories (Nos. 1-11) and (2) Defendant Natera, Inc.'s Objections and Responses to Plaintiff CareDx, Inc.'s First Set of Requests for Production of Documents (Nos. 1-13) filed by Natera, Inc..(Fahnestock, Derek)
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Filing 60
NOTICE OF SERVICE of (1) Defendant Natera, Inc.'s First Set of Interrogatories to Plaintiff CareDx, Inc. (Nos. 1-8) and (2) Defendant Natera, Inc.'s First Set of Requests for Production to Plaintiff CareDx, Inc. (Nos. 1-23) filed by Natera, Inc..(Fahnestock, Derek)
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Filing 59
Stipulated PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 2/28/2020. (dlb)
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Filing 58
PROPOSED ORDER /[Proposed] Protective Order by Natera, Inc.. (Fahnestock, Derek)
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Filing 57
ORAL ORDER: The Court, having reviewed the parties' motion for a teleconference to resolve a protective order dispute, (D.I. 57 in Civil Action No. 19-567-CFC-CJB; D.I. 51 in Civil Action No. 19-662-CFC-CJB), and the briefing related thereto, (D.I. 58 & D.I. 59 in Civil Action No. 19-567-CFC-CJB; D.I. 52 & D.I. 56 in Civil Action No. 19-662-CFC-CJB), hereby ORDERS that Defendant's proposal is ADOPTED. The Court so concludes for the reasons set out by Defendant in its letter, particularly in that while the cases share some commonalities of fact, they have plenty of differences too (such that plenty of material that may be relevant in one case will not be relevant in the other), as the cases "involve distinct legal claims arising out of [largely] distinct events[.]" (D.I. 59 at 2 in Civil Action No. 19-567-CFC-CJB; D.I. 56 at 2 in Civil Action No. 19-662-CFC-CJB) Today's teleconference is hereby CANCELLED. The parties shall file a final proposed protective order by February 28, 2020. Ordered by Judge Christopher J. Burke on 2/24/2020. Associated Cases: 1:19-cv-00662-CFC-CJB, 1:19-cv-00567-CFC-CJB(dlb)
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Filing 56
Letter to The Honorable Christopher J. Burke from Derek J. Fahnestock regarding Protective Order Dispute - re (58 in 1:19-cv-00567-CFC-CJB, 52 in 1:19-cv-00662-CFC-CJB) Letter. (Attachments: #1 Exhibit A)(Fahnestock, Derek)
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Filing 55
SO ORDERED D.I. #54 STIPULATION TO EXTEND TIME to Respond to Counterclaims to March 31, 2020 filed by CareDx, Inc. Ordered by Judge Christopher J. Burke on 2/19/2020. (dlb)
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Filing 54
STIPULATION TO EXTEND TIME to Respond to Counterclaims to March 31, 2020 - filed by CareDx, Inc.. (Farnan, Brian)
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Filing 53
ANSWER to Amended Complaint, re: #45 Amended Complaint, with Jury Demand , COUNTERCLAIM against CareDx, Inc. by Natera, Inc.. (Attachments: #1 Exhibits 1-11)(Blumenfeld, Jack)
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Filing 52
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Protective Order Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Michael)
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Filing 51
MOTION for Teleconference to Resolve Protective Order Dispute - filed by CareDx, Inc., The Board of Trustees of the Leland Stanford Junior University. Motions referred to Christopher J. Burke.(Farnan, Michael)
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Filing 50
NOTICE OF SERVICE of Plaintiff's Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by CareDx, Inc..(Farnan, Brian)
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Filing 49
NOTICE OF SERVICE of Defendant Natera, Inc.'s Disclosures Pursuant to Paragraph 3 of the Default Standard for Discovery filed by Natera, Inc..(Raucci, Anthony)
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Filing 48
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' February 6, 2020 and February 7, 2020 letters requesting a discovery teleconference regarding 1 discovery dispute. (D.I. (46 in 1:19-cv-00662-CFC-CJB), D.I. (51 in 1:19-cv-00567-CFC-CJB) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Orders, (C.A. No. 19-567-CFC-CJB, D.I. 45; C.A. No. 19-662-CFC-CJB, D.I. 37), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 2/24/2020 at 01:00 PM before Judge Christopher J. Burke. (3) By no later than February 14, 2020, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than February 19, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference. If it does so, it will cancel the conference. Ordered by Judge Christopher J. Burke on 2/11/2020. Associated Cases: 1:19-cv-00567-CFC-CJB, 1:19-cv-00662-CFC-CJB(mlc)
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Filing 47
ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A Telephone Conference is set for 4/27/2020 at 11:30 AM Eastern Time with Judge Mary Pat Thynge to discuss the status of the case and future mediation. Ordered by Judge Mary Pat Thynge on 2/10/20. Associated Cases: 1:19-cv-00662-CFC-CJB, 1:19-cv-00567-CFC-CJB(cak)
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Filing 46
Letter to The Honorable Christopher J. Burke from Michael J. Farnan regarding Discovery Dispute Teleconference. (Farnan, Michael)
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Filing 45
First AMENDED COMPLAINT against Natera, Inc.- filed by CareDx, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Farnan, Michael)
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Filing 44
SO ORDERED D.I. #43 STIPULATION TO EXTEND TIME to Submit A Proposed Protective Order to February 7, 2020 filed by Natera, Inc. Ordered by Judge Christopher J. Burke on 1/31/2020. (mlc)
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Filing 43
STIPULATION TO EXTEND TIME to Submit A Proposed Protective Order to February 7, 2020 - filed by Natera, Inc.. (Fahnestock, Derek)
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Filing 42
NOTICE OF SERVICE of Defendant Natera, Inc.'s Initial Disclosures filed by Natera, Inc..(Fahnestock, Derek)
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Filing 41
NOTICE OF SERVICE of CareDx's Initial Disclosures Pursuant to FRCP 26(a)(1)(A) filed by CareDx, Inc..(Farnan, Brian)
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Pro Hac Vice Attorney Stephen Bosco for CareDx, Inc. 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. Associated Cases: 1:19-cv-01804-CFC-CJB, 1:19-cv-00662-CFC-CJB(mal)
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SO ORDERED D.I. (23 in 1:19-cv-01804-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Stephen Bosco filed by CareDx, Inc., (34 in 1:19-cv-00662-CFC-CJB) MOTION for Pro Hac Vice Appearance of Attorney Stephen Bosco filed by CareDx, Inc. Ordered by Judge Christopher J. Burke on 1/27/2020. Associated Cases: 1:19-cv-01804-CFC-CJB, 1:19-cv-00662-CFC-CJB(dlb)
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Filing 40
MEMORANDUM ORDER ADOPTING #28 REPORT AND RECOMMENDATIONS granting in part and denying in part #8 Motion to Dismiss. Counts II and IV are dismissed without prejudice. Plaintiff shall have 14 days from today to file an amended complaint. Signed by Judge Colm F. Connolly on 1/24/2020. (nmf)
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Filing 39
ORDER Setting Teleconference: Plaintiff's counsel to initiate the call. A Telephone Conference is set for 2/6/2020 at 11:00 AM Eastern Time with Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 1/22/20. (cak)
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CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge 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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Filing 38
NOTICE OF SERVICE of (i) CareDx Inc.'s First Set of Individual Interrogatories and (ii) CareDx Inc.'s First Set of Individual Requests for Production of Documents filed by CareDx, Inc..(Farnan, Brian)
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Filing 37
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 3/2/2020. Amended Pleadings due by 3/2/2020. Discovery due by 7/24/2020. Opening Expert Reports due by 8/7/2020. Rebuttal Expert Reports due by 9/4/2020. Expert Discovery due by 9/23/2020. Status Report due by 6/5/2020. Dispositive Motions due by 10/30/2020. A Pretrial Conference is set for 2/25/2021 at 04:00 PM in Courtroom 6B before Judge Colm F. Connolly. A Jury Trial is set for 3/8/2021 at 09:00 AM in Courtroom 4B before Judge Colm F. Connolly. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 1/21/2020. (dlb)
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Filing 36
PROPOSED ORDER Proposed Scheduling Order by CareDx, Inc.. (Attachments: #1 Letter to The Honorable Christopher J. Burke)(Farnan, Brian)
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Filing 35
RESPONSE TO OBJECTIONS by CareDx, Inc. re #32 Objection to Report and Recommendations . (Farnan, Brian)
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Filing 34
MOTION for Pro Hac Vice Appearance of Attorney Stephen Bosco - filed by CareDx, Inc.. Motions referred to Christopher J. Burke.(Farnan, Brian)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 1/13/2020. The Court heard the parties regarding their disputes and provided key dates. Counsel for Plaintiff shall submit a revised proposed form of order by no later than close of business on January 17, 2020. (Clerk, D. Benyo) APPEARANCES: B. Farnan, E. Reines, D. Walter, S. Bosco for Plaintiff; D. Fahnestock, C. Verhoeven, C. Anderson for Defendant. (Court Reporter Stacy Ingram (Hawkins Reporting Service)) (dlb)
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Filing 33
Letter to The Honorable Colm F. Connolly from Anthony D. Raucci regarding providing courtesy copies of docket items associated with its Objections to Magistrate Judge Burke's Report & Recommendation on Natera's Motion to Dismiss (D.I. 28) - re #28 REPORT AND RECOMMENDATIONS re #8 MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objectio, #32 Objection to Report and Recommendations. (Raucci, Anthony)
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Filing 32
OBJECTION to #28 Report and Recommendations by Natera, Inc.. (Raucci, Anthony)
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Filing 31
ORAL ORDER: The Court, having reviewed the parties' December 26, 2019 letter regarding the proposed scheduling order, (D.I. #29 ), hereby ORDERS that with respect to the parties' first dispute ("Natera's Request That Discovery Be Stayed Pending Resolution Of Its Motion To Dismiss"), the Court DENIES Natera's request for the reasons set out by Plaintiff, (id. at 1-2). Accordingly, the Court need not hear argument with respect to this dispute during the January 13, 2020 telephonic case management/scheduling conference. Ordered by Judge Christopher J. Burke on 12/30/2019. (mlc)
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Filing 30
Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 1/13/2020 at 11:00 AM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 12/27/2019. (dlb)
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Filing 29
Joint Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Proposed Scheduling Order - re 27 Oral Order,,,,,,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Brian)
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Filing 28
REPORT AND RECOMMENDATIONS regarding D.I. #8 MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 1/3/2020. Signed by Judge Christopher J. Burke on 12/20/2019. (mlc)
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Filing 27
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order - Non Patent" up through and including paragraph number 10 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 11-20 of Judge Connolly's "Rule 16 Scheduling Order for Non-Patent Cases" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through trial); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and both Scheduling Orders can be found on Judge Burke's/Judge Connolly's portions of the District Court's website. Ordered by Judge Christopher J. Burke on 11/25/2019. (dlb)
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ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke, IT IS HEREBY ORDERED that this case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. 636(b) and any further Order of the Court. All subsequent filings In this action shall be captioned as follows: Civil Action No. 19-662-CFC-CJB. Ordered by Judge Colm F. Connolly on 11/25/2019. (nmf)
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Filing 26
Official Transcript of hearing held on October 30, 2019 before Judge Burke. Court Reporter/Transcriber Lorraine Marino, Telephone Number 302-475-4935. 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 12/9/2019. Redacted Transcript Deadline set for 12/19/2019. Release of Transcript Restriction set for 2/17/2020. (vjg)
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Filing 25
ORAL ORDER: The Court, having received Plaintiff's November 7, 2019 letter, (D.I. #24 ), responding to Natera's supplemental letter concerning its motion to dismiss, hereby ORDERS that Plaintiff's letter is STRICKEN from the record. The Court's October 30, 2019 oral order, (D.I. 22), did not permit a reply letter from Plaintiff (the party who made a new argument and cited to new evidence during oral argument), and the Court has not otherwise ordered that Plaintiff is permitted to file such a reply. Ordered by Judge Christopher J. Burke on 11/8/2019. (mlc)
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Filing 24
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Response to Defendant's November 1, 2019 Letter - re #23 Letter. (Farnan, Brian)
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Filing 23
Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding supplemental response to the Court's October 30, 2019 Oral Order - re 22 Oral Order,,. (Blumenfeld, Jack)
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Filing 22
ORAL ORDER: The Court hereby ORDERS that by no later than November 1, 2019, Defendant may, if it wishes, file a supplemental letter of no more than 2 single-spaced pages addressing only: (1) Plaintiff's argument regarding "statutory standing" made for the first time during todays oral argument on the pending motion to dismiss, (D.I. #8 ); and (2) Plaintiff's citation during today's argument to certain SEC filings not previously cited in the briefing. Ordered by Judge Christopher J. Burke on 10/30/2019. (mlc)
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Filing 21
ORAL ORDER: The Court hereby clarifies that todays hearing regarding the motion to dismiss, (D.I. 8), will be held in Courtroom 6B at 11:00am. Ordered by Judge Christopher J. Burke on 10/30/2019. (mlc)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 10/30/2019 regarding D.I. #8 MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc. The Court heard argument regarding the motion. The Court took the matter under advisement and will issue an opinion. (Court Reporter Lorraine Marino. Clerk: M. Crawford) Appearances: B. Farnan, E. Reines, R. Singer for Plaintiff; J. Blumenfeld, C. Anderson, M. Freeman for Defendant. (mlc)
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Filing 20
ORAL ORDER Setting Hearing on Motion (9 in 1:19-cv-00567-CFC) MOTION to Dismiss for Failure to State a Claim : The Court, having reviewed the parties' and Eurofins Viracor, Inc.'s recent letters to Judge Connolly, (Civil Action No. 19-567, D.I. 28-32), HEREBY ORDERS that the oral argument scheduled for October 30, 2019 on the Section 101 motion to dismiss, (Civil Action No. 19-567, D.I. 9), is rescheduled for 11/20/2019 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. The Court anticipates that if the Section 101 motion to dismiss filed in related Civil Action No. 19-1804, (Civil Action No. 19-1804, D.I. 6), is hereafter referred to the Court, it will then include argument on that motion in the November 20, 2019 hearing. The Court takes this action because it will be most efficient for it to hear argument regarding the eligibility of the same asserted patent during one combined hearing. However, unless the parties jointly request otherwise by October 25, 2019, the Court will still hear argument on the motion to dismiss filed in Civil Action No. 19-662, (Civil Action No. 19-662, D.I. 8), on October 30, 2019 at 11:00 am in Courtroom 2A. Each side is allocated 45 minutes for argument on that motion. Ordered by Judge Christopher J. Burke on 10/22/2019. Associated Cases: 1:19-cv-00567-CFC, 1:19-cv-00662-CFC(mlc)
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Filing 19
Letter to The Honorable Colm F. Connolly from Jack B. Blumenfeld regarding Eurofins Viracor, Inc.s October 18, 2019 Letter - re (8 in 1:19-cv-01804-CFC, 28 in 1:19-cv-00567-CFC) Letter. (Blumenfeld, Jack)
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Filing 18
ORAL ORDER Setting Hearing on Motion D.I. (9 in 1:19-cv-00567-CFC) MOTION to Dismiss for Failure to State a Claim , D.I. (8 in 1:19-cv-00662-CFC) MOTION to Dismiss for Failure to State a Claim : A Motion Hearing is set for 10/30/2019 at 11:00 AM in Courtroom 6B before Judge Christopher J. Burke. Each side is allocated 1 hour for argument. Ordered by Judge Christopher J. Burke on 8/27/2019. Associated Cases: 1:19-cv-00567-CFC, 1:19-cv-00662-CFC(mlc)
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Filing 17
ORDER REFERRING MOTION: #8 MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc. Signed by Judge Colm F. Connolly on 8/22/2019. Motion referred to Magistrate Judge Christopher J. Burke.(nmf)
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Filing 16
REQUEST for Oral Argument by CareDx, Inc. re #8 MOTION to Dismiss for Failure to State a Claim . (Farnan, Brian)
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Filing 15
REPLY BRIEF re #8 MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc.. (Fahnestock, Derek)
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Filing 14
STIPULATION TO EXTEND TIME for Defendant to File Its Reply Brief ISO Motion to Dismiss to June 26, 2019 - filed by Natera, Inc.. (Fahnestock, Derek)
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SO ORDERED, re #14 STIPULATION TO EXTEND TIME for Defendant to File Its Reply Brief ISO Motion to Dismiss to June 26, 2019 filed by Natera, Inc., Set Briefing Schedule: re #8 MOTION to Dismiss for Failure to State a Claim . (Reply Brief due 6/26/2019.). Signed by Judge Colm F. Connolly on 6/19/2019. (fms)
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Filing 13
ANSWERING BRIEF in Opposition re #8 MOTION to Dismiss for Failure to State a Claim filed by CareDx, Inc..Reply Brief due date per Local Rules is 6/21/2019. (Farnan, Brian)
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SO ORDERED, re (14 in 1:19-cv-00567-CFC, 12 in 1:19-cv-00662-CFC) MOTION for Pro Hac Vice Appearance of Attorney Miles Freeman filed by Natera, Inc. Signed by Judge Colm F. Connolly on 6/4/2019. Associated Cases: 1:19-cv-00567-CFC, 1:19-cv-00662-CFC(fms)
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Filing 12
MOTION for Pro Hac Vice Appearance of Attorney Miles Freeman - filed by Natera, Inc.. (Raucci, Anthony)
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Filing 11
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Natera, Inc.. (Raucci, Anthony)
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Filing 10
DECLARATION re #9 Opening Brief in Support, #8 MOTION to Dismiss for Failure to State a Claim [of Carl G. Anderson] by Natera, Inc.. (Attachments: #1 Exhibit A & B)(Raucci, Anthony)
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Filing 9
OPENING BRIEF in Support re #8 MOTION to Dismiss for Failure to State a Claim filed by Natera, Inc..Answering Brief/Response due date per Local Rules is 6/14/2019. (Raucci, Anthony)
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Filing 8
MOTION to Dismiss for Failure to State a Claim - filed by Natera, Inc.. (Raucci, Anthony)
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Pro Hac Vice Attorneys Charles K. Verhoeven and Carl G. Anderson for Natera, Inc. 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. Associated Cases: 1:19-cv-00567-CFC, 1:19-cv-00662-CFC(ddp)
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Pro Hac Vice Attorney Andrew M. Holmes, Sandra L. Haberny for Natera, Inc. 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. (myr)
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SO ORDERED, re (8 in 1:19-cv-00567-CFC, 7 in 1:19-cv-00662-CFC) MOTION for Pro Hac Vice Appearance of Attorney Andrew M. Holmes, Charles K. Verhoeven, Carl G. Anderson and Sandra Haberny of QUINN EMANUEL URQUHART & SULLIVAN, LLP filed by Natera, Inc. Signed by Judge Colm F. Connolly on 5/9/2019. Associated Cases: 1:19-cv-00567-CFC, 1:19-cv-00662-CFC(fms)
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Filing 7
MOTION for Pro Hac Vice Appearance of Attorney Andrew M. Holmes, Charles K. Verhoeven, Carl G. Anderson and Sandra Haberny of QUINN EMANUEL URQUHART & SULLIVAN, LLP - filed by Natera, Inc.. (Blumenfeld, Jack)
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Filing 6
NOTICE of Appearance by Jack B. Blumenfeld on behalf of Natera, Inc. (Blumenfeld, Jack)
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Pro Hac Vice Attorney Derek C. Walter, Edward R. Reines for CareDx, Inc. 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. (myr) Modified on 4/29/2019 (myr).
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Pro Hac Vice Attorney Randi W. Singer for CareDx, Inc. 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. (myr)
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SO ORDERED, re #5 MOTION for Extension of Time to Respond to Complaint [UNOPPOSED] filed by CareDx, Inc., Set/Reset Answer Deadlines: Natera, Inc. answer due 5/31/2019. Signed by Judge Colm F. Connolly on 4/18/2019. (fms)
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SO ORDERED, re #4 MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines, Derek C. Walter, and Randi W. Singer filed by CareDx, Inc. Signed by Judge Colm F. Connolly on 4/18/2019. (fms)
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Filing 5
MOTION for Extension of Time to Respond to Complaint [UNOPPOSED] - filed by CareDx, Inc.. (Attachments: #1 Text of Proposed Order)(Farnan, Brian)
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Filing 4
MOTION for Pro Hac Vice Appearance of Attorney Edward R. Reines, Derek C. Walter, and Randi W. Singer - filed by CareDx, Inc.. (Farnan, Brian)
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Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
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Filing 3
SUMMONS Returned Executed by CareDx, Inc.. Natera, Inc. served on 4/10/2019, answer due 5/1/2019. (Farnan, Michael)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg)
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Filing 1
COMPLAINT filed with Jury Demand against Natera, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2615870.) - filed by CareDx, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Civil Cover Sheet)(ceg)
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Summons Issued with Magistrate Consent Notice attached as to Natera, Inc. on 4/10/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (ceg)
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