Pestell v. CytoDyn Inc. et al
Plaintiff: Richard G. Pestell
Defendant: CytoDyn Operations Inc., CytoDyn Inc., Scott A. Kelly and Nader Z. Pourhassan
Case Number: 1:2019cv01563
Filed: August 22, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Richard G Andrews
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2019 Opinion or Order SO ORDERED, re #19 STIPULATION and Proposed Order for Extension of Time to Respond to Motions to Dismiss (*Reset Briefing Schedule: re #17 MOTION to Dismiss, and #18 MOTION to Dismiss. Answering Briefs due 11/8/2019, Reply Brief due 12/2/2019). Signed by Judge Richard G. Andrews on 10/18/2019. (nms)
October 17, 2019 Opinion or Order Filing 19 STIPULATION and Proposed Order for Extension of Time to Respond to Motions to Dismiss - filed by Richard G. Pestell. (Attachments: #1 Certificate of Service)(Hochman, Michael) Modified on 10/18/2019 (nms).
October 11, 2019 Opinion or Order Set Answering Brief Deadline re #18 MOTION to Dismiss. Answering Brief/Response due date per Local Rules is 10/25/2019. (nms)
October 11, 2019 Opinion or Order Filing 18 MOTION to Dismiss - filed by Scott A. Kelly, Nader Z. Pourhassan. (Attachments: #1 Proposed Order)(Cronin, Laurence) Modified on 10/15/2019 (nms).
October 10, 2019 Opinion or Order Set Answering Brief Deadline re #17 MOTION to Dismiss. Answering Brief/Response due date per Local Rules is 10/24/2019. (nms)
October 10, 2019 Opinion or Order Filing 17 MOTION to Dismiss - filed by CytoDyn Inc., CytoDyn Operations Inc.. (Attachments: #1 Proposed Order)(Holly, Timothy) Modified on 10/11/2019 (nms).
October 8, 2019 Opinion or Order Pro Hac Vice Attorneys Steven M. Coren, Janice I. Daul, Benjamin M. Mather for Richard G. Pestell 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)
September 27, 2019 Opinion or Order Filing 16 Letter to The Honorable Richard G. Andrews, from Michael C. Hochman, Esq., regarding First Amended Complaint. (Hochman, Michael) Modified on 9/27/2019 (nms).
September 27, 2019 Opinion or Order Filing 15 First AMENDED COMPLAINT against All Defendants - filed by Richard G. Pestell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service)(Hochman, Michael) Modified on 9/27/2019 (nms).
September 27, 2019 Opinion or Order CORRECTING ENTRY: The letter filed as an attachment to the pleading at D.I. 15 has been removed. (nms)
September 17, 2019 Opinion or Order Filing 14 JOINDER in #11 Motion to Dismiss, by Scott A. Kelly, Nader Z. Pourhassan. (Beste, Robert) Modified on 9/17/2019 (nms).
September 17, 2019 Opinion or Order Filing 13 NOTICE of Appearance by Robert Karl Beste, III on behalf of Scott A. Kelly, Nader Z. Pourhassan (Beste, Robert)
September 17, 2019 Opinion or Order CORRECTING ENTRY: The joinder filed as a motion at D.I. 14 has been removed from the docket. Counsel is directed to refile the joinder using the appropriate filing code. (nms)
September 16, 2019 Opinion or Order Set Answering Brief Deadline re #11 Partial MOTION to Dismiss. Answering Brief/Response due date per Local Rules is 9/30/2019. (nms)
September 16, 2019 Opinion or Order Filing 12 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by CytoDyn Inc., CytoDyn Operations Inc.. (Holly, Timothy)
September 16, 2019 Opinion or Order Filing 11 Partial MOTION to Dismiss - filed by CytoDyn Inc., CytoDyn Operations Inc.. (Attachments: #1 Proposed Order)(Holly, Timothy) Modified on 9/16/2019 (nms).
September 16, 2019 Opinion or Order Filing 10 NOTICE of Appearance by Timothy Michael Holly on behalf of CytoDyn Inc., CytoDyn Operations Inc. (Holly, Timothy)
September 10, 2019 Opinion or Order Filing 9 AFFIDAVIT of Service for Summons and Complaint served on Scott A. Kelly, M.D. on 9/3/2019, filed by Richard G. Pestell. (Attachments: #1 Exhibit A)(Hochman, Michael)
September 10, 2019 Opinion or Order Filing 8 AFFIDAVIT of Service for Summons and Complaint served on Nader Z. Pourhassan, Ph.D. on 8/30/2019, filed by Richard G. Pestell. (Attachments: #1 Exhibit A)(Hochman, Michael)
August 28, 2019 Opinion or Order SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Benjamin M. Mather, filed by Richard G. Pestell, #3 MOTION for Pro Hac Vice Appearance of Attorney Steven M. Coren, filed by Richard G. Pestell, #4 MOTION for Pro Hac Vice Appearance of Attorney Janice I. Daul, filed by Richard G. Pestell. Signed by Judge Richard G. Andrews on 8/28/2019. (nms)
August 28, 2019 Opinion or Order Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
August 27, 2019 Opinion or Order Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Benjamin M. Mather - filed by Richard G. Pestell. (Hochman, Michael)
August 27, 2019 Opinion or Order Filing 6 Return of Service Executed by Richard G. Pestell. CytoDyn Operations Inc. served on 8/26/2019, answer due 9/16/2019. (Hochman, Michael)
August 27, 2019 Opinion or Order Filing 5 Return of Service Executed by Richard G. Pestell. CytoDyn Inc. served on 8/26/2019, answer due 9/16/2019. (Hochman, Michael)
August 23, 2019 Opinion or Order Filing 4 MOTION for Pro Hac Vice Appearance of Attorney Janice I. Daul - filed by Richard G. Pestell. (Hochman, Michael)
August 23, 2019 Opinion or Order Filing 3 MOTION for Pro Hac Vice Appearance of Attorney Steven M. Coren - filed by Richard G. Pestell. (Hochman, Michael)
August 22, 2019 Opinion or Order Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf)
August 22, 2019 Opinion or Order Filing 1 COMPLAINT filed against CytoDyn Inc., CytoDyn Operations Inc., Scott A. Kelly, and Nader Z. Pourhassan - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2714410) - filed by Richard G. Pestell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(amf)
August 22, 2019 Opinion or Order Summons Issued with Magistrate Consent Notice attached as to CytoDyn Inc.; CytoDyn Operations Inc.; Scott A. Kelly; and Nader Z. Pourhassan on 8/22/2019. 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. (amf)

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Plaintiff: Richard G. Pestell
Represented By: Michael Cory Hochman
Represented By: Benjamin M. Mather
Represented By: Janice I. Daul
Represented By: Steven M. Coren
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Defendant: CytoDyn Operations Inc.
Represented By: Lauren Patrice DeLuca
Represented By: Aaron Max Shapiro
Represented By: Timothy Michael Holly
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Defendant: CytoDyn Inc.
Represented By: Lauren Patrice DeLuca
Represented By: Aaron Max Shapiro
Represented By: Timothy Michael Holly
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Defendant: Scott A. Kelly
Represented By: Robert Karl Beste, III
Represented By: Laurence V. Cronin
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Defendant: Nader Z. Pourhassan
Represented By: Robert Karl Beste, III
Represented By: Laurence V. Cronin
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