XAPT Corporation v. Deere & Company, Inc.
| XAPT Corporation |
| Deere & Company, Inc. |
| 1:2020cv00477 |
| April 7, 2020 |
| US District Court for the District of Delaware |
| Colm F Connolly |
| Copyright |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on September 29, 2020. A more recent docket listing may be available from PACER.
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Filing 46
ACKNOWLEDGMENT OF RECEIPT (apk)
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Filing 45
Letter to Clerk, New Castle County Court of Chancery from Deputy Clerk, U.S. District Court enclosing certified copy of the Memorandum Opinion and Order of Remand and a certified copy of the U.S. District Court docket sheet - re #44 Order on Motion to Remand to State Court, #43 Memorandum Opinion. (nmf)
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Filing 44
ORDER granting in part and denying in part #10 Motion to Remand to State Court. The motion is GRANTED insofar as it seeks a remand of the case to the Delaware Court of Chancery. 2. The motion is DENIED insofar as its seeks an award of fees and costs; 3. The case is REMANDED to the Court of Chancery; and 4. The Court of the Clerk will be directed to CLOSE the case. (CASE CLOSED) Signed by Judge Colm F. Connolly on 8/17/2020. (nmf)
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Filing 43
MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 8/17/2020. (nmf)
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CASE CLOSED (nmf)
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| Filing 42 REDACTED VERSION of #4 Appendix, #9 Redacted Document Complete Redacted Version of Appendix to the Notice of Removal by Deere & Company, Inc.. (Sharp, Melanie) |
| Filing 41 REPLY BRIEF re #26 MOTION to Transfer Case to Central District of Illinois, MOTION to Stay filed by Deere & Company, Inc.. (Attachments: #1 Certificate of Compliance, #2 Exhibit C)(Sharp, Melanie) Modified on 5/21/2020 (fms). |
| CORRECTING ENTRY: The Reply Brief at D.I. #41 has been linked to D.I. #26 and the docket text corrected. (fms) |
| Filing 40 REPLY BRIEF re #18 MOTION to Dismiss filed by Deere & Company, Inc.. (Attachments: #1 Certificate of Compliance, #2 Exhibit G, I - L)(Sharp, Melanie) |
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SO ORDERED, re #39 STIPULATION TO EXTEND TIME for Deere to File its Reply Brief in Support of Motion to Dismiss to May 20, 2020 filed by Deere & Company, Inc., Set Briefing Schedule: re #18 MOTION to Dismiss. (Reply Brief due 5/20/2020.). Signed by Judge Colm F. Connolly on 5/19/2020. (fms)
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| Filing 39 STIPULATION TO EXTEND TIME for Deere to File its Reply Brief in Support of Motion to Dismiss to May 20, 2020 - filed by Deere & Company, Inc.. (Sharp, Melanie) |
| Filing 38 RESPONSE to Motion re #26 MOTION to Transfer Case to Central District of Illinois MOTION to Stay and Memorandum in Support filed by XAPT Corporation. (Attachments: #1 Certificate of Compliance)(Scaggs, Rudolph) |
| Filing 37 Letter to The Honorable Colm F. Connolly from R. Judson Scaggs, Jr. regarding Subsequent Authority - re #10 MOTION to Remand to State Court . (Attachments: #1 Exhibit A, #2 Certificate of Compliance)(Shen, Zi-Xiang) |
| Filing 36 ANSWERING BRIEF in Opposition re #18 MOTION to Dismiss filed by XAPT Corporation.Reply Brief due date per Local Rules is 5/18/2020. (Attachments: #1 Certificate of Compliance)(Shen, Zi-Xiang) |
| Filing 35 REDACTED VERSION of #25 Answering Brief in Opposition, to XAPT's Motion to Remand by Deere & Company, Inc.. (Lee, Steven) |
| Filing 34 MOTION for Pro Hac Vice Appearance of Attorney Robert P. Cummins - filed by XAPT Corporation. (Scaggs, Rudolph) |
| Filing 33 REPLY to Response to Motion re #29 MOTION for Extension of Time to Respond to Motion to Dismiss and Motion to Transfer, #27 MOTION to Stay re #2 Notice of Removal, XAPT Corporation's Motion to Stay Pending Resolution of the Motion for Remand filed by XAPT Corporation. (Attachments: #1 Certificate of Compliance)(Scaggs, Rudolph) |
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SO ORDERED, re #34 MOTION for Pro Hac Vice Appearance of Attorney Robert P. Cummins filed by XAPT Corporation. Signed by Judge Colm F. Connolly on 5/11/2020. (fms)
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| Filing 32 ANSWERING BRIEF in Opposition re #27 MOTION to Stay re #2 Notice of Removal, XAPT Corporation's Motion to Stay Pending Resolution of the Motion for Remand, #29 MOTION for Extension of Time to Respond to Motion to Dismiss and Motion to Transfer filed by Deere & Company, Inc..Reply Brief due date per Local Rules is 5/15/2020. (Attachments: #1 Certificate of Compliance, #2 Text of Proposed Order on XAPT's Motion to Extend, #3 Text of Proposed Order on XAPT's Motion to Stay, #4 Exhibit A - B)(Sharp, Melanie) |
| CORRECTING ENTRY: Per request of filer, the SEALED Opening Brief and Certificate of Compliance at D.I. #19 have been removed and replaced. (fms) |
| Filing 31 REDACTED VERSION of #19 Opening Brief in Support, of its Motion to Dismiss by Deere & Company, Inc.. (Sharp, Melanie) |
| Filing 30 NOTICE of Supplement to Notice of Related Cases by Deere & Company, Inc. re #8 Notice (Other) (Attachments: #1 Exhibit A - B)(Sharp, Melanie) |
| Filing 29 MOTION for Extension of Time to Respond to Motion to Dismiss and Motion to Transfer - filed by XAPT Corporation. (Attachments: #1 Exhibit A, #2 Text of Proposed Order, #3 Statement Pursuant to D. Del. L.R. 7.1.1, #4 Certificate of Compliance)(Scaggs, Rudolph) |
| Filing 28 REPLY BRIEF re #10 MOTION to Remand to State Court filed by XAPT Corporation. (Attachments: #1 Certificate of Compliance)(Shen, Zi-Xiang) |
| Filing 27 MOTION to Stay re #2 Notice of Removal, XAPT Corporation's Motion to Stay Pending Resolution of the Motion for Remand - filed by XAPT Corporation. (Attachments: #1 Statement L.R. 7.1.1, #2 Certificate of Compliance, #3 Text of Proposed Order)(Scaggs, Rudolph) |
| Filing 26 MOTION to Transfer Case to Central District of Illinois, MOTION to Stay and Memorandum in Support - filed by Deere & Company, Inc.. (Attachments: #1 Certificate of Compliance, #2 Rule 7.1.1 Certification, #3 Text of Proposed Order, #4 Exhibit A - B)(Sharp, Melanie) |
| Filing 25 [SEALED] ANSWERING BRIEF in Opposition re #10 MOTION to Remand to State Court filed by Deere & Company, Inc..Reply Brief due date per Local Rules is 5/7/2020. (Attachments: #1 Certification of Compliance with Type, Font, and Word Limitations, #2 Text of Proposed Order, #3 Exhibit A - B)(Sharp, Melanie) |
| Filing 24 MOTION for Pro Hac Vice Appearance of Attorney Mariangela Seale - filed by Deere & Company, Inc.. (Attachments: #1 Certification by Counsel)(Sharp, Melanie) |
| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Lauren Jaffe - filed by Deere & Company, Inc.. (Attachments: #1 Certification by Counsel)(Sharp, Melanie) |
| Pro Hac Vice Attorney Ronnie L. White, II for Deere & Company, 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. (sam) |
| Pro Hac Vice Attorneys Mary Ann L. Wymore, Lauren Jaffe, Mariangela Seale for Deere & Company, 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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SO ORDERED, re #22 MOTION for Pro Hac Vice Appearance of Attorney Mary Ann L. Wymore filed by Deere & Company, Inc., #21 MOTION for Pro Hac Vice Appearance of Attorney Ronnie L. White II filed by Deere & Company, Inc. Signed by Judge Colm F. Connolly on 4/30/2020. (fms)
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SO ORDERED, re #23 MOTION for Pro Hac Vice Appearance of Attorney Lauren Jaffe filed by Deere & Company, Inc., #24 MOTION for Pro Hac Vice Appearance of Attorney Mariangela Seale filed by Deere & Company, Inc. Signed by Judge Colm F. Connolly on 4/30/2020. (fms)
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| Filing 22 MOTION for Pro Hac Vice Appearance of Attorney Mary Ann L. Wymore - filed by Deere & Company, Inc.. (Attachments: #1 Certification by Counsel)(Sharp, Melanie) |
| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Ronnie L. White II - filed by Deere & Company, Inc.. (Sharp, Melanie) |
| Filing 20 Joint STATEMENT re #18 MOTION to Dismiss, #10 MOTION to Remand to State Court Pursuant to Local Rule 81.2 by XAPT Corporation. (Shen, Zi-Xiang) |
| Filing 19 [SEALED] OPENING BRIEF in Support re #18 MOTION to Dismiss filed by Deere & Company, Inc..Answering Brief/Response due date per Local Rules is 5/11/2020. (Attachments: #2 Exhibit A - H, #3 Certificate of Service)(Sharp, Melanie) (Main Document 19 replaced on 5/8/2020) (fms). |
| Filing 18 MOTION to Dismiss - filed by Deere & Company, Inc.. (Attachments: #1 Text of Proposed Order)(Sharp, Melanie) |
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Filing 17
ORDER denying #13 MOTION to Expedite Briefing on Plaintiff's Motion to Remand. ORDER setting briefing schedule re #10 MOTION to Remand to State Court : Answering Brief due 4/30/2020., Reply Brief due 5/7/2020. Signed by Judge Colm F. Connolly on 4/27/2020. (nmf)
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| Filing 16 REPLY to Response to Motion re #13 MOTION to Expedite Briefing on Plaintiff's Motion to Remand filed by XAPT Corporation. (Attachments: #1 Certificate of Compliance)(Shen, Zi-Xiang) |
| Filing 15 AMENDED DOCUMENT by Deere & Company, Inc.. Amendment to #2 Notice of Removal, [CORRECTED] Civil Cover Sheet. (Lee, Steven) |
| Filing 14 ANSWERING BRIEF in Opposition re #13 MOTION to Expedite Briefing on Plaintiff's Motion to Remand filed by Deere & Company, Inc..Reply Brief due date per Local Rules is 4/29/2020. (Attachments: #1 Certification of Compliance With Type, Font and Word Limitations, #2 Text of Proposed Order, #3 Exhibit A - R)(Sharp, Melanie) |
| Filing 13 MOTION to Expedite Briefing on Plaintiff's Motion to Remand - filed by XAPT Corporation. (Attachments: #1 Certification Under D. Del. LR 7.1.1, #2 Text of Proposed Order, #3 Certificate of Compliance)(Shen, Zi-Xiang) |
| Pro Hac Vice Attorney S. Patrick McKey for Deere & Company, 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) |
| Filing 12 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent New Frontier Holding GmbH. for XAPT Corporation filed by XAPT Corporation. (Shen, Zi-Xiang) |
| Filing 11 OPENING BRIEF in Support re #10 MOTION to Remand to State Court filed by XAPT Corporation.Answering Brief/Response due date per Local Rules is 4/30/2020. (Attachments: #1 Certificate of Compliance)(Shen, Zi-Xiang) |
| Filing 10 MOTION to Remand to State Court - filed by XAPT Corporation. (Attachments: #1 Text of Proposed Order)(Shen, Zi-Xiang) |
| Filing 9 REDACTED VERSION of #4 Appendix of Filings in Support of Notice of Removal by Deere & Company, Inc.. (Sharp, Melanie) |
| Pro Hac Vice Attorney Kara E.F. Cenar for Deere & Company, 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. (sam) |
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SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Kara E.F. Cenar and S. Patrick McKey filed by Deere & Company, Inc. Signed by Judge Colm F. Connolly on 4/9/2020. (nmf)
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| Filing 8 NOTICE of Related Cases by Deere & Company, Inc. (Sharp, Melanie) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Kara E.F. Cenar and S. Patrick McKey - filed by Deere & Company, Inc.. (Attachments: #1 Certifications by Counsel)(Sharp, Melanie) |
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Filing 6
ORDER Granting #1 MOTION for Leave to File Under Seal Appendix to Notice of Removal. Signed by Judge Richard G. Andrews on 4/7/2020. (nms)
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| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Cascade Investment, L.L.C. for Deere & Company, Inc. - filed by Deere & Company, Inc. (amf) |
| Filing 4 [SEALED] APPENDIX of Confidential Filings in Support of D.I. #2 Notice of Removal - filed by Deere & Company, Inc. (amf) |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) |
| Filing 2 NOTICE OF REMOVAL and copies of documents from DE Chancery Court, Case Number 2020-0252-JRS (Filing fee $400, receipt number 0311-2894583)- filed by Deere & Company, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service, #4 Civil Cover Sheet)(amf) |
| Filing 1 MOTION for Leave to File Under Seal Appendix to Notice of Removal - filed by Deere & Company, Inc. (Attachments: #1 Text of Proposed Order)(amf) |
| Remark: Motion to Seal forwarded to Duty Judge (RGA). (amf) |
| Remark: Case submitted for routine judicial assignment. (amf) |
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