Discover Growth Fund, LLC v. Generex Biotechnology Corporation et al
| Discover Growth Fund, LLC |
| Generex Biotechnology Corporation and Joseph Moscato |
| 1:2020cv00233 |
| February 18, 2020 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on February 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 58 SATISFACTION OF JUDGMENT re #50 Amended Judgment, by Discover Growth Fund, LLC. (Viceconte, Christopher) Modified on 3/1/2021 (nms). |
Filing 57
ORDER: Defendants shall provide responses and all documents in response to the requests for production of documents contained in the Deposition Notices on or before February 22, 2021; and Joseph Moscato, individually and in his capacity as the corporate designee for Generex, shall appear for deposition on February 26, 2021, unless an earlier date is mutually agreed upon by the parties. Signed by Judge Richard G. Andrews on 2/16/2021. (nms)
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| Filing 56 Letter to the Honorable Richard G. Andrews, from David Zerbato, Esq., regarding request for temporary stay of discovery. (Morton, Michael) Modified on 2/16/2021 (nms). |
| Minute Entry for proceedings held before Judge Richard G. Andrews - Discovery Conference held via telephone on 2/16/2021. Counsel for Plaintiff: J. Rutter. Counsel for Defendants: D. Zerbato. (Court Reporter Heather Triozzi.) (lak) |
| Filing 55 Letter to The Honorable Richard G. Andrews, from Christopher Viceconte, regarding ongoing post-judgment discovery dispute. (Attachments: #1 Exhibit A, #2 Proposed Order)(Viceconte, Christopher) Modified on 2/12/2021 (nms). |
| Filing 54 Letter to The Honorable Richard G. Andrews, from Jennifer M. Rutter, Esq., regarding dial-in information for Teleconference on February 16, 2021. (Rutter, Jennifer) Modified on 2/9/2021 (nms). |
| Filing 53 NOTICE of Appearance by Jennifer M. Rutter on behalf of Discover Growth Fund, LLC (Rutter, Jennifer) |
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Filing 52
ORAL ORDER: The parties have advised that a dispute has arisen requiring judicial attention. The Court will hold a discovery conference on 2/16/2021, at 11:30 AM before Judge Richard G. Andrews to take up this issue. In preparation for this conference the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Court's form Non-Patent Scheduling Order. The conference will be held telephone. Plaintiff's counsel shall coordinate the dial-in details for the call and file a letter with such details by 4:00 pm on 2/9/2021. Ordered by Judge Richard G. Andrews on 2/3/2021. (nms)
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| Filing 51 NOTICE OF SUBSTITUTION OF COUNSEL re all Defendants: Entry of appearance of attorney Michael P. Morton. Attorney Gary Lipkin terminated. (Attachments: #1 Proposed Order)(Morton, Michael) Modified on 2/3/2021 (nms). |
| Filing 50 AMENDED JUDGMENT: Judgment in the amount of $2,253,312.32 is ENTERED in favor of Plaintiff Discover Growth Fund, LLC, and against Defendants Generex Biotechnology Corporation and Joseph Moscato, jointly and severally. Signed by Judge Richard G. Andrews on 12/17/2020. (nms) |
| Filing 49 Letter to The Honorable Richard G. Andrews, from Christopher Viceconte, regarding proposed amended judgment. (Attachments: #1 Proposed Amended Judgment)(Viceconte, Christopher) Modified on 12/16/2020 (nms). |
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Filing 48
ORDER ON ATTORNEYS' FEES: The amount awarded is $55,722.32 minus ($2,130 + $208), or $53,312.32. If Plaintiff submits a proposed judgment, agreed as to form by Defendants, I will sign it. Signed by Judge Richard G. Andrews on 12/9/2020. (nms)
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Filing 47
ORDER: The motion to quash (D.I. #30 ) is DISMISSED as moot. Signed by Judge Richard G. Andrews on 12/8/2020. (nms)
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| Minute Entry for proceedings held before Judge Richard G. Andrews - Discovery Conference held on 8/24/2020. Counsel for Plaintiff: C. Viceconte. Counsel for Defendants: A. Rogin. (Court Reporter Heather Triozzi.) (lak) |
| Filing 46 Letter to The Honorable Richard G. Andrews, from Gary W. Lipkin, Esq., responding to Plaintiff's discovery dispute (D.I. #45 ). (Attachments: #1 Exhibit A)(Rogin, Alexandra) Modified on 8/21/2020 (nms). |
| Filing 45 Letter to The Honorable Richard G. Andrews, from Christopher Viceconte, regarding discovery dispute. (Attachments: #1 Exhibit A)(Viceconte, Christopher) Modified on 8/20/2020 (nms). |
| CORRECTING ENTRY: The letter filed at D.I. 45 has been removed from the docket per counsel's request. An exhibit was intended to be filed with the letter which was inadvertently omitted. Counsel will refile the letter with the exhibit. (nms) |
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Filing 44
ORAL ORDER: The parties have advised that a dispute has arisen requiring judicial attention. The Court will hold a discovery conference on 8/24/2020, at 11:00 AM before Judge Richard G. Andrews to take up this issue. In preparation for this conference the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Court's form Non-Patent Scheduling Order. The hearing will be held using Skype for business. A joint email with the email addresses for all those participating in the conference shall be due to the Court's Case Manager by 4:00 PM on 8/17/2020. Ordered by Judge Richard G. Andrews on 8/5/2020. (nms)
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| Filing 43 USM 285 Returned Executed on 5/29/2020 as to NuGenerex Immuno-Oncology, Inc.. (nms) |
| Filing 42 REQUEST for Oral Argument by Discover Growth Fund, LLC re #38 MOTION for. (Viceconte, Christopher) |
| Filing 41 REPLY BRIEF re #38 Application for Attorneys' Fees and Costs, filed by Discover Growth Fund, LLC. (Viceconte, Christopher) Modified on 7/6/2020 (nms). |
| Filing 40 STIPULATION and Proposed Order Setting Schedule for Submissions Regarding Amount of Attorneys' Fees and Costs, by Generex Biotechnology Corporation, Joseph Moscato. (Rogin, Alexandra) Modified on 6/30/2020 (nms). |
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SO ORDERED, re #40 Stipulation and Proposed Order Setting Schedule for Submissions Regarding Amount of Attorneys' Fees and Costs. Signed by Judge Richard G. Andrews on 6/30/2020. (nms)
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| Filing 39 ANSWERING BRIEF in Opposition re #38 MOTION for Attorneys Fees and Costs, filed by Generex Biotechnology Corporation, Joseph Moscato.Reply Brief due date per Local Rules is 7/6/2020. (Rogin, Alexandra) Modified on 6/30/2020 (nms). |
| Filing 38 APPLICATION and Declaration in Support of Attorneys' Fees and Costs to be Awarded to Plaintiff, by Discover Growth Fund, LLC. (Attachments: #1 Exhibit A)(Viceconte, Christopher) Modified on 6/19/2020 (nms). |
| CORRECTING ENTRY: D.I. 38 has been re-coded to reflect the filing is a pending application. (nms) |
| Filing 37 PRAECIPE for Writ of Attachment Fieri Facias directed to Clerk of the Court, by Discover Growth Fund, LLC. (Attachments: #1 Writ of Attachment)(Viceconte, Christopher) Modified on 6/19/2020 (nms). |
| Filing 36 NOTICE OF SERVICE of Deposition of Defendant/Judgment Debtor Joseph Moscato, filed by Discover Growth Fund, LLC.(Viceconte, Christopher) Modified on 6/17/2020 (nms). |
| Filing 35 NOTICE OF SERVICE of Rule 30(b)(6) Deposition of Generex Biotechnology Corporation, filed by Discover Growth Fund, LLC.(Viceconte, Christopher) Modified on 6/17/2020 (nms). |
| Filing 34 REPLY BRIEF re #30 MOTION to Quash Writs of Execution and Attachment and Notice of Deposition in Aid of Execution filed by Generex Biotechnology Corporation, Joseph Moscato, NuGenerex Immuno-Oncology, Inc.. (Rogin, Alexandra) |
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Filing 33
SO ORDERED Granting #32 Stipulation and Order Setting Schedule for Submission Regarding Amount of Attorneys' Fees and Costs to be Awarded. Signed by Judge Richard G. Andrews on 6/16/2020. (nms)
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| Filing 32 STIPULATION and Propose Order Setting Schedule for Parties' Submissions Regarding Amount of Attorneys' Fees and Costs to be Awarded, by Discover Growth Fund, LLC. (Viceconte, Christopher) Modified on 6/16/2020 (nms). |
| Filing 31 ANSWERING BRIEF in Opposition re #30 MOTION to Quash Writs of Execution and Attachment and Notice of Deposition in Aid of Execution filed by Discover Growth Fund, LLC.Reply Brief due date per Local Rules is 6/16/2020. (Viceconte, Christopher) |
| Set Answering Brief Deadline re #30 MOTION to Quash Writs of Execution and Attachment and Notice of Deposition in Aid of Execution. Answering Brief/Response due date per Local Rules is 6/9/2020. (nms) |
| Filing 30 MOTION to Quash Writs of Execution and Attachment and Notice of Deposition in Aid of Execution - filed by Generex Biotechnology Corporation, Joseph Moscato. (Attachments: #1 Proposed Order)(Rogin, Alexandra) Modified on 5/26/2020 (nms). |
| Filing 29 Declaration of Service pursuant to D. Del. LR 58.1.1(h)(4), by Discover Growth Fund, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Viceconte, Christopher) Modified on 5/22/2020 (nms). |
| Filing 28 NOTICE OF SERVICE of Plaintiff/Judgment Creditor Discover Growth Fund, LLC's Notice of Rule 30(b)(6) Deposition of Generex Biotechnology Corporation, filed by Discover Growth Fund, LLC.(Viceconte, Christopher) Modified on 5/20/2020 (nms). |
| Filing 27 WRIT of of Attachment issued - re #25 Application for Writ (Original Writ e-mailed to counsel and can also be downloaded from CM/ECF) (rwc) |
| Filing 26 DECLARATION of Mailing Pursuant to D. Del. LR 58.1.1 (h)(3), by Discover Growth Fund, LLC. (Viceconte, Christopher) Modified on 5/7/2020 (nms). |
| Filing 25 PRACEIPE for Writ of Attachment Fieri Facias, by Discover Growth Fund, LLC. (Attachments: #1 Writ, #2 Notice Letter)(Viceconte, Christopher) Modified on 5/6/2020 (nms). |
| Filing 24 Letter to The Honorable Richard G. Andrews from Christopher Viceconte regarding warrants. (Attachments: #1 Warrants)(Viceconte, Christopher) Modified on 5/5/2020 (nms). |
| Filing 22 JUDGMENT in favor of Discover Growth Fund, LLC against Generex Biotechnology Corporation and Joseph Moscato in the amount of $2,200,000.00 (CASE CLOSED). Signed by Judge Richard G. Andrews on 5/4/2020. (nms) |
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Filing 21
MEMORANDUM ORDER re #7 Application for Entry of Judgment by Confession in Open Court. Signed by Judge Richard G. Andrews on 5/4/2020. (nms)
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| Filing 23 Witness List for Hearing on Application for Entry of Judgment by Confession in Open Court held on 5/1/2020. (crb) |
| Minute Entry for proceedings held before Judge Richard G. Andrews: Hearing held on 5/1/2020 re #7 Application for Entry of Judgment by Confession in Open Court. Local counsel for plaintiff: C. Viceconte. Local counsel for defendant: G. Lipkin. Witnesses: John Kirkland, Joseph Moscato. (Court Reporter Heather Triozzi.) (crb) |
| Filing 20 DECLARATION of Christopher Viceconte re #7 Application for Entry of Judgment by Confession in Open Court, by Discover Growth Fund, LLC. (Viceconte, Christopher) Modified on 5/1/2020 (nms). |
| Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Robert G. Heim - filed by Generex Biotechnology Corporation, Joseph Moscato. (Rogin, Alexandra) |
| Filing 18 Letter to The Honorable Richard G. Andrews, from Christopher Viceconte, regarding submission of original documents for hearing on Plaintiff's Application for Entry of Judgment by Confession in Open Court. (Viceconte, Christopher) Modified on 4/30/2020 (nms). |
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SO ORDERED, re #19 MOTION for Pro Hac Vice Appearance of Attorney Robert G. Heim, filed by Generex Biotechnology Corporation, Joseph Moscato. Signed by Judge Richard G. Andrews on 4/30/2020. (nms)
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Filing 17
ORAL ORDER: A hearing on the Application for Entry of Judgment by Confession in Open Court (D.I. #7 ) is now set for 5/1/2020, at 11:00 AM before Judge Richard G. Andrews. The hearing will be held using Skype for business. Ordered by Judge Richard G. Andrews on 4/22/2020. (nms)
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| Filing 16 Letter to The Honorable Richard G. Andrews, from Christopher Viceconte, regarding request for remote hearing on Application for Judgment. (Viceconte, Christopher) Modified on 4/17/2020 (nms). |
| Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Dale E. Barney - filed by Discover Growth Fund, LLC. (Attachments: #1 Certification)(Viceconte, Christopher) |
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SO ORDERED, re #15 MOTION for Pro Hac Vice Appearance of Attorney Dale E. Barney, filed by Discover Growth Fund, LLC. Signed by Judge Richard G. Andrews on 3/18/2020. (nms)
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| Filing 14 REQUEST for Oral Argument by Discover Growth Fund, LLC re #7 Application for Entry of Judgment by Confession in Open Court. (Viceconte, Christopher) |
| Filing 13 DECLARATION re #12 Reply to Response to Motion, by Discover Growth Fund, LLC. (Viceconte, Christopher) Modified on 3/16/2020 (nms). |
| Filing 12 REPLY to #7 Application for Entry of Judgment by Confession in Open Court, filed by Discover Growth Fund, LLC. (Viceconte, Christopher) Modified on 3/16/2020 (nms). |
| CORRECTING ENTRY: The pdf of the declaration and request for oral argument attached to the filing at D.I. 12 have been removed from that entry. (nms) |
| Filing 11 ANSWERING BRIEF in Opposition re #7 Application for Entry of Judgment by Confession in Open Court filed by Generex Biotechnology Corporation, Joseph Moscato.Reply Brief due date per Local Rules is 3/18/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rogin, Alexandra) |
| Filing 10 NOTICE of Appearance by Alexandra Rogin on behalf of All Defendants (Rogin, Alexandra) |
| Filing 9 Alias SUMMONS Returned Executed by Discover Growth Fund, LLC. (Viceconte, Christopher) |
| Filing 8 Alias SUMMONS Returned Executed by Discover Growth Fund, LLC. (Viceconte, Christopher) |
| Summons Issued with Magistrate Consent Notice attached as to Generex Biotechnology Corporation, Joseph Moscato. (apk) |
| Filing 7 Application for Entry of Judgment by Confession in Open Court - filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Viceconte, Christopher) Modified on 2/27/2020 (nms). |
| Filing 6 FIRST Amended Complaint against Generex Biotechnology Corporation and Joseph Moscato - filed by Discover Growth Fund, LLC. (Attachments: #1 Redline, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Viceconte, Christopher) Modified on 2/27/2020 (nms). |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 5 SUMMONS Returned Executed by Discover Growth Fund, LLC. Joseph Moscato served on 2/19/2020, answer due 3/11/2020. (Viceconte, Christopher) |
| Filing 4 SUMMONS Returned Executed by Discover Growth Fund, LLC. Generex Biotechnology Corporation served on 2/19/2020, answer due 3/11/2020. (Viceconte, Christopher) |
| Summons Issued with Magistrate Consent Notice attached as to Generex Biotechnology Corporation on 2/19/2020; Joseph Moscato on 2/19/2020. 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. (nmg) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Discover Growth Fund, LLC. (nmg) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
| Filing 1 COMPLAINT filed against Generex Biotechnology Corporation, Joseph Moscato - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2855864.) - filed by Discover Growth Fund, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(nmg) |
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