Hemostemix, Inc. v. Accudata Solutions, Inc., et al.
| Hemostemix, Inc. |
| Accudata Solutions, Inc. |
| Alan Jacobs |
| Aspire Health Science, LLC |
| 1:2020cv00881 |
| June 29, 2020 |
| U.S. District Court for the District of Delaware |
| Richard G Andrews |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Defendant |
Docket Report
This docket was last retrieved on April 1, 2022. A more recent docket listing may be available from PACER.
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CASE NO LONGER REFERRED to Magistrate Judge Fallon for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (lih)
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Filing 149
SO ORDERED Granting #148 Stipulation Staying Case. Signed by Judge Richard G. Andrews on 3/18/2022. (nms)
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Filing 148
STIPULATION Staying Case by Aspire Health Science, LLC. (Farnan, Kelly)
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Filing 147
SO ORDERED Granting #146 Stipulation to Extend Time (*Reset Deadlines: Dispositive Motions due by 3/22/2022). Signed by Judge Richard G. Andrews on 3/10/2022. (nms) (nms). Modified on 3/10/2022 (nms).
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Filing 146
STIPULATION and [Proposed] Order to Extend Time, by Hemostemix, Inc.. (Denn, Matthew) Modified on 3/10/2022 (nms).
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Filing 145
ORDER: Hemostemix's motion to dismiss Aspire's counterclaim (D.I. #78 ) is GRANTED. Signed by Judge Richard G. Andrews on 2/28/2022. (nms)
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Filing 144
MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 2/28/2022. (nms)
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Filing 143
NOTICE of Remote Videotape Deposition of Alan Jacobs on March 11, 2022, by Hemostemix, Inc.. (Denn, Matthew) Modified on 2/25/2022 (nms).
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Minute Entry for proceedings held before Judge Richard G. Andrews - Discovery Conference held on 2/24/2022. Counsel for plaintiff: M. Denn. Counsel for Defendants: R. Hill, K. Farnan. The Court dismissed and denied the two discovery requests (see D.I. #141 ) (see Transcript for further details on the ruling.) (Court Reporter Heather Triozzi.) (lak)
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Filing 142
Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding discovery dispute. (Attachments: #1 Exhibit 1)(Farnan, Kelly) Modified on 2/22/2022 (nms).
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Filing 141
Letter to The Honorable Richard G. Andrews, from Matthew P. Denn, regarding discovery issues that the Court is scheduled to hear on February 23, 2022. (Attachments: #1 Exhibits 1-9)(Denn, Matthew) Modified on 2/18/2022 (nms). (Main Document 141 replaced on 2/18/2022) (nms).
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Filing 140
NOTICE to Take Deposition of Edward J. Buthusiem on February 24, 2022 filed by Hemostemix, Inc..(Denn, Matthew)
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CORRECTING ENTRY: The pdf for the letter at D.I. #141 has been replaced per counsel's request. The date in the first paragraph has been corrected. The NEF for the filing has been regenerated. (nms)
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Remark: The public may access the hearing scheduled for 2/23/2022, at 2:00 p.m. by dialing the following phone number: +1 202-503-1666, then enter Conference ID: 724884516#. The dial-in information provides listening capabilities only. (lak)
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Filing 139
NOTICE of Remote Videotape Deposition of Alan Jacobs, by Hemostemix, Inc..(Denn, Matthew) Modified on 2/14/2022 (nms).
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Filing 138
NOTICE OF SERVICE of the Expert Report of Edward J. Buthusiem filed by Aspire Health Science, LLC.(Farnan, Kelly)
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Filing 137
ORAL ORDER: The parties have advised that a dispute has arisen that requires judicial attention. The Court will hold a discovery conference on 2/23/2022, at 2:00 PM. In preparation for this conference the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Scheduling Order. The conference will be held using Teams. 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 2/16/2022. Ordered by Judge Richard G. Andrews on 2/10/2022. (nms)
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Filing 136
STIPULATION TO EXTEND TIME the deadline for service of supplemental expert disclosures to through and including February 11, 2022 - filed by Aspire Health Science, LLC. (Farnan, Kelly)
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SO ORDERED, re #136 STIPULATION TO EXTEND TIME the deadline for service of supplemental expert disclosures to through and including February 11, 2022. Signed by Judge Richard G. Andrews on 2/4/2022. (nms)
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Filing 135
NOTICE OF SERVICE of Expert Report of Rick Schwartz filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 134
ORDER: The motion to quash (D.I. #116 ) is DENIED. Signed by Judge Richard G. Andrews on 12/21/2021. (nms)
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Filing 133
NOTICE OF SERVICE of Plaintiff Hemostemix Inc.'s Responses and Objections to Defendant Accudata Solutions, Inc.'s Interrogatories, Set Two and Plaintiff Hemostemix Inc.'s Responses and Objections to Defendant Accudata Solutions, Inc.'s Requests for Production, Set Two filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 132
Letter to he Honorable Richard G. Andrews from Dr. Alan Jacobs, dated 12/19/2021 regarding legal fees and expenses. (Attachments: #1 Certificate of Service)(myr)
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Minute Entry for proceedings held before Judge Richard G. Andrews - Motion Hearing held on 12/20/2021 re #116 MOTION to Quash. Local Counsel present for Plaintiff: M. Denn. Local Counsel present for Defendants: K. Hill (D.I. 116) is DENEID with an order to follow. The request to extend the discovery deadline to allow for the deposition of Dr. Jacobs was granted. (Court Reporter Heather Triozzi.) (nms)
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Filing 131
Letter to Judge Andrews, from Dr. Alan Jacobs, regarding objection to #130 letter. (Attachments: #1 Certificate of Service)(smg)
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Filing 130
Letter to The Honorable Richard G. Andrews, from Matthew P. Denn, regarding Dr. Alan Jacobs' objection to Third Party deposition Subpoena. (Attachments: #1 Middle District of Florida Complaint)(Denn, Matthew) Modified on 12/15/2021 (nms).
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Filing 129
RE-NOTICE to Take Deposition of Douglas Milikien on December 17, 2021 at 1:00 p.m. EST, filed by Hemostemix, Inc..(Denn, Matthew) Modified on 12/15/2021 (nms).
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Filing 128
RE-NOTICE to Take Deposition of Accudata Solutions Inc. on December 17, 2021 at 11:00 a.m. EST, filed by Hemostemix, Inc.. (Attachments: #1 Schedule A)(Denn, Matthew) Modified on 12/15/2021 (nms).
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Pro Hac Vice Attorney Brandon Faulkner for Aspire Health Science, LLC 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. (apk)
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Filing 127
NOTICE to Take Deposition of Thomas Smeenk, individually and as the Fed. R. Civ. P. 30(b)(6) Corporate Representative of Hemostemix Inc. on December 21, 2021 filed by Aspire Health Science, LLC. (Attachments: #1 Schedule A)(Farnan, Kelly)
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Filing 126
MOTION for Pro Hac Vice Appearance of Attorney Brandon Faulkner - filed by Aspire Health Science, LLC. (Farnan, Kelly)
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Filing 125
NOTICE to Take Deposition of Jed Wood on December 22, 2021 filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 124
Amended Notice of Remote Videotape Deposition of Reg Cooper on December 13, 2021, by Hemostemix, Inc.. (Denn, Matthew) Modified on 12/8/2021 (nms).
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SO ORDERED, re #126 MOTION for Pro Hac Vice Appearance of Attorney Brandon Faulkner, filed by Aspire Health Science, LLC. Signed by Judge Richard G. Andrews on 12/8/2021. (nms)
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Filing 123
REPLY BRIEF to D.I. #119 Answering Brief in Opposition re D.I. #116 MOTION to Quash - filed by Alan Jacobs. (Attachments: #1 Exhibit A, 2-12, #2 Certificate of Service)(smg)
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Filing 122
Amended Notice of Remote Videotape Deposition of Defendant Aspire Health Science, LLC on December 9, 2021, by Hemostemix, Inc.. (Attachments: #1 Schedule A)(Denn, Matthew) Modified on 12/6/2021 (nms).
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Filing 121
Amended Notice of Remote Videotape Deposition of Kyle Makofka on December 9, 2021 by Hemostemix, Inc.. (Denn, Matthew) Modified on 12/6/2021 (nms).
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Filing 120
APPENDIX re #119 Answering Brief in Opposition by Hemostemix, Inc.. (Attachments: #1 Certificate of Service)(Denn, Matthew)
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Filing 119
ANSWERING BRIEF in Opposition re #116 MOTION to Quash filed by Hemostemix, Inc..Reply Brief due date per Local Rules is 11/29/2021. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Denn, Matthew)
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Filing 118
ORAL ORDER: A hearing regarding the Motion to Quash (D.I. #116 ) is now set for 12/20/2021, at 3:30 PM before Judge Richard G. Andrews. The hearing will be held using Teams. Plaintiff's local counsel is to email the Court's Case Manager with the email addresses for all those participating in the hearing no later than 4:00 PM on 12/13/2021. Ordered by Judge Richard G. Andrews on 11/22/2021. (nms)
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Per Chamber's discussion with the parties on 11/18/2021, the following briefing schedule is set re #116 MOTION to Quash. Answering Brief due 11/22/2021. Reply Brief due 12/6/2021. A hearing date will be scheduled for a date to be determined. (nms)
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Filing 117
NOTICE OF SERVICE of Accudata Solutions, Inc.'s Interrogatories to Hemostemix,Inc.,Set Two, and Accudata Solutions, Inc.'s Requests for Production to Hemostemix, Inc., Set Two filed by Accudata Solutions, Inc..(Hill, Robert)
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Filing 116
MOTION to Quash Subpoena (D.I. #114 ) - filed by Alan Jacobs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service) (lak)
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Filing 115
Letter to The Honorable Richard G. Andrews, from Matthew P. Denn, regarding objection to deposition subpoena (D.I. #114 ). (Denn, Matthew) Modified on 11/10/2021 (nms).
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Filing 114
SUBPOENA Returned Executed as to Alan Jacobs on October 28, 2021 (Denn, Matthew)
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Filing 113
NOTICE OF SERVICE of 1) Response and Objections to Requests for Production, Set One; 2) Response and Objections to Requests for Admission, Set One; and 3) Response and Objections to Interrogatories, Set One filed by Aspire Health Science, LLC.(Farnan, Kelly)
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Filing 112
Amended Notice of Deposition of Alan Jacobs on November 11, 2021 at 10:00 a.m. EST, by Hemostemix, Inc.. (Denn, Matthew) Modified on 10/29/2021 (nms).
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Filing 111
SO ORDERED, re Second Stipulated Proposed Amendment to Scheduling Order. Signed by Judge Richard G. Andrews on 10/28/2021. (nms)
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Filing 110
Letter to The Honorable Richard G. Andrews, from Matthew P. Denn, regarding amendment to Scheduling Order. (Attachments: #1 Text Proposed Order)(Denn, Matthew) Modified on 10/28/2021 (nms).
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Filing 109
MOTION for Pro Hac Vice Appearance of Attorney Jason H. Baruch - filed by Aspire Health Science, LLC. (Farnan, Kelly)
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SO ORDERED, re #109 MOTION for Pro Hac Vice Appearance of Attorney Jason H. Baruch, filed by Aspire Health Science, LLC. Signed by Judge Richard G. Andrews on 10/26/2021. (nms)
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Filing 108
NOTICE to Take Deposition of Plaintiff-Counterclaim Defendant Hemostemix Inc. on November 2, 2021 filed by Aspire Health Science, LLC.(Farnan, Kelly)
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Filing 107
NOTICE OF SERVICE of Plaintiff Hemostemix Inc.s Responses and Objections to Defendant Accudata Solutions, Inc.'s Interrogatories, Set One (with Verification); Requests for Production, Set One; and Requests for Admission, Set One filed by Hemostemix, Inc..(Denn, Matthew)
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CORRECTING ENTRY: The document previously filed as D.I. 108 has been deleted due to document being related to ADR. (lih)
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Filing 106
NOTICE to Take Deposition of Kyle Makofka on November 1, 2021 at 10:00 a.m. EST filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 105
NOTICE to Take Deposition of Reg Cooper on November 4, 2021 at 10:00 a.m. EST filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 104
NOTICE to Take Deposition of Alan Jacobs on November 8, 2021 at 10:00 a.m. EST filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 103
NOTICE to Take Deposition of Laura Fairbairn on November 10, 2021 at 10:00 a.m. EST filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 102
NOTICE to Take Deposition of Blake Wood on November 9, 2021 at 10:00 a.m. EST filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 101
NOTICE to Take Deposition of Douglas Milikien on November 11, 2021 at 10:00 a.m. EST filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 100
NOTICE to Take Deposition of David Wood on November 5, 2021 at 10:00 a.m. EST filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 99
NOTICE to Take Deposition of Accudata Solutions, Inc. on November 12, 2021 at 10:00 a.m. EST filed by Hemostemix, Inc.. (Attachments: #1 Schedule A)(Denn, Matthew)
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Filing 98
NOTICE to Take Deposition of Aspire Health Science, LLC on November 15, 2021 at 10:00 a.m. EST filed by Hemostemix, Inc.. (Attachments: #1 Schedule A)(Denn, Matthew)
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Filing 97
SO ORDERED Granting Stipulated Proposed Amendment to Scheduling Order. Signed by Judge Richard G. Andrews on 10/1/2021. (nms)
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Filing 96
Letter to The Honorable Richard G. Andrews, from Matthew P. Denn, regarding amendment to scheduling order. (Attachments: #1Proposed Order)(Denn, Matthew) Modified on 10/1/2021 (nms).
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Filing 95
NOTICE OF SERVICE of Accudata Solutions, Inc.'s Requests for Admission to Aspire Health Science, LLC, Set One; Requests for Production to Aspire Health Science, LLC, Set One; and Interrogatories to Aspire Health Science, LLC, Set One filed by Accudata Solutions, Inc..(Hill, Robert)
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Filing 94
NOTICE OF SERVICE of Accudata Solutions, Inc.'s Requests for Admissions to Plaintiff Hemostemix, Inc., Set One; Requests for Production to Hemostemix, Inc., Set One; and Interrogatories to Hemostemix, Inc., Set One filed by Accudata Solutions, Inc..(Hill, Robert)
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Filing 93
NOTICE OF SERVICE of Accudata Solutions, Inc.'s Responses to Plaintiff's First Set of Interrogatories, Accudata Solutions, Inc.'s Responses to Plaintiff's Request for Production of Documents and Accudata Solutions, Inc.'s Responses to Plaintiff's First Request for Admission filed by Accudata Solutions, Inc..(Hill, Robert)
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Filing 92
NOTICE OF SERVICE of Plaintiff Hemostemix Inc.s Responses and Objections to Defendant/Counterclaim Plaintiff Aspire Health, LLCs First Request for Production of Documents filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 91
ORDER Setting Video Mediation Conference: A Video Mediation Conference is set for 11/3/2021 at 10:00 AM before Judge Sherry R. Fallon. Signed by Judge Sherry R. Fallon on 7/21/2021. (lih)
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Filing 90
NOTICE OF SERVICE of Aspire Health Science, LLC's Response and Objections to Hemostemix Inc.'s: (1) First Set of Interrogatories; (2) First Set of Requests for Admission; and (3) First Requests for Production of Documents filed by Aspire Health Science, LLC.(Farnan, Kelly)
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Filing 89
SO ORDERED Granting Stipulated Confidentiality Agreement and Protective Order. Signed by Judge Richard G. Andrews on 7/16/2021. (nms)
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Filing 88
Letter to The Honorable Richard G. Andrews, from Matthew P. Denn, regarding proposed Stipulated Confidentiality Agreement and Protective Order. (Attachments: #1 Stipulated Confidentiality Agreement and Protective Order)(Denn, Matthew) Modified on 7/16/2021 (nms).
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Filing 87
NOTICE OF SERVICE of Aspire Health Science, LLC's First Request for Production of Documents to Plaintiff filed by Aspire Health Science, LLC.(Farnan, Kelly)
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Minute Entry for proceedings held before Judge Richard G. Andrews - Discovery Conference held on 7/2/2021. Counsel for Plaintiff: M. Denn. Counsel for Defendants: K. Farnan, R. Hill. The parties shall resubmit the stipulated confidentiality agreement and protective order with the rulings made during the conference. (Court Reporter Stacy Ingram.) (lak)
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Filing 86
Letter to The Honorable Richard G. Andrews from Matthew P. Denn regarding Discovery Response In Opposition to Defendant Aspire's Request That the Court Enter A Protective Order. (Attachments: #1 Exhibit A)(Denn, Matthew)
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Filing 85
Letter to The Honorable Richard G. Andrews, from Robert Karl Hill, regarding July 2 discovery conference. (Hill, Robert) Modified on 7/6/2021 (nms).
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Remark: The public may access the hearing scheduled for 7/2/2021, at 11:00 a.m. by dialing the following phone number: +1 202-503-1666, then enter Conference ID: 946915559#. The dial-in information provides listening capabilities only. (lak)
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Filing 84
Letter to The Honorable Richard G. Andrews from Kelly E. Farnan regarding the July 2, 2021 discovery conference. (Attachments: #1 Text of Proposed Order, #2 Protective Order, #3 Exhibit A-G)(Farnan, Kelly)
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Filing 83
REQUEST for Oral Argument by Hemostemix, Inc. re #78 MOTION to Dismiss Counterclaim. (Denn, Matthew)
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Filing 82
REPLY BRIEF re #78 MOTION to Dismiss Counterclaim, filed by Hemostemix, Inc.. (Denn, Matthew) Modified on 6/22/2021 (nms).
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Filing 81
ORAL ORDER: The parties have advised that disputes have arisen that require judicial attention. The Court will hold a discovery conference on 7/2/2021, at 11:00 AM. In preparation for this conference the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Scheduling Order. The conference will be held using Teams. 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 6/24/2021. Ordered by Judge Richard G. Andrews on 6/17/2021. (nms)
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Filing 80
ANSWERING BRIEF in Opposition re #78 MOTION to Dismiss Counterclaim filed by Aspire Health Science, LLC.Reply Brief due date per Local Rules is 6/22/2021. (Farnan, Kelly)
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Filing 79
OPENING BRIEF in Support re #78 MOTION to Dismiss Counterclaim, filed by Hemostemix, Inc..Answering Brief/Response due date per Local Rules is 6/15/2021. (Attachments: #1 Certificate of Compliance, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Denn, Matthew) Modified on 6/2/2021 (nms).
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Filing 78
MOTION to Dismiss Counterclaim - filed by Hemostemix, Inc.. (Attachments: #1 Proposed Order)(Denn, Matthew) Modified on 6/2/2021 (nms).
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Filing 77
ORDER Setting Teleconference: plaintiff's counsel shall initiate the call. A Telephone Conference is set for 7/13/2021 at 01:30 PM before Judge Sherry R. Fallon to discuss ADR. Signed by Judge Sherry R. Fallon on 5/19/2021. (lih)
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Filing 76
ORAL ORDER: The Rule 16(b) Conference scheduled for 5/21/2021, is CANCELED. Ordered by Judge Richard G. Andrews on 5/19/2021. (nms)
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Filing 75
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 8/16/2021. Amended Pleadings due by 8/16/2021. Fact Discovery completed by 10/15/2021. Dispositive Motions due by 3/15/2022. A Pretrial Conference is set for 8/26/2022, at 9:00 AM in Courtroom 6A. A 3 day Jury Trial is set to start 9/19/2022, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 5/19/2021. (nms)
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Filing 74
PROPOSED Scheduling Order, by Aspire Health Science, LLC. (Attachments: #1 Letter)(Farnan, Kelly) Modified on 5/19/2021 (nms).
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CASE REFERRED to Magistrate Judge Sherry R. Fallon 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 (Taylor, Daniel)
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Filing 73
Letter to The Honorable Richard G. Andrews, from Matthew P. Denn, regarding dial-in information for the May 21, 2021 Rule 16(b) Scheduling Conference. (Denn, Matthew) Modified on 5/17/2021 (nms).
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Filing 72
ANSWER to #66 Answer to Amended Complaint, and Crossclaim for Interpleader and Declaratory Judgment, by Hemostemix, Inc..(Denn, Matthew) Modified on 5/14/2021 (nms).
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Filing 71
ANSWER to #66 Answer to Amended Complaint, and Crossclaim for Interpleader and Declaratory Judgment, by Aspire Health Science, LLC.(Farnan, Kelly) Modified on 5/14/2021 (nms).
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Filing 70
AMENDED Answer to #36 Amended Complaint, and COUNTERCLAIMS against Hemostemix, Inc., by Aspire Health Science, LLC. (Farnan, Kelly) Modified on 5/12/2021 (nms).
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Filing 69
NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories Directed to Defendant Aspire Health Science, LLC, Plaintiff's First Requests for Production of Documents Directed to Defendant Aspire Health Science, LLC, and Plaintiff's First Requests for Admission Directed to Defendant Aspire Health Science, LLC filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 68
NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories Directed to Defendant Accudata Solutions, Inc., Plaintiff's First Requests for Production of Documents Directed to Defendant Accudata Solutions, Inc., and Plaintiff's First Requests for Admission Directed to Defendant Accudata Solutions, Inc. filed by Hemostemix, Inc..(Denn, Matthew)
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Filing 67
Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 5/21/2021, at 3:00 PM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 4/28/2021. (nms)
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Filing 66
ANSWER to #36 Amended Complaint with Jury Demand, and CROSSCLAIM for Interpleader and Declaratory Judgment against Aspire Health Science, LLC, Hemostemix, Inc., by Accudata Solutions, Inc..(Hill, Robert) Modified on 4/23/2021 (nms).
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Filing 65
ANSWER to #36 Amended Complaint with Jury Demand, by Aspire Health Science, LLC.(Farnan, Kelly) Modified on 4/20/2021 (nms).
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Filing 64
Stipulated Motion for Extension of Time to File Responsive Pleading - filed by Accudata Solutions, Inc., Aspire Health Science, LLC. (Hill, Robert) Modified on 4/20/2021 (nms).
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SO ORDERED, re #64 Stipulated Motion for Extension of Time to File Responsive Pleading (*set Answer Deadlines: Accudata Solutions, Inc. answer due 4/23/2021). Signed by Judge Richard G. Andrews on 4/20/2021. (nms)
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Filing 63
STIPULATION TO EXTEND TIME the Answer to the Verified Amended Complaint to through and including April 20, 2021 - filed by Aspire Health Science, LLC. (Farnan, Kelly)
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SO ORDERED, re #63 STIPULATION and Proposed Order to Extend Time (*Reset Answer Deadlines: Aspire Health Science, LLC answer due 4/20/2020). Signed by Judge Richard G. Andrews on 4/13/2021. (nms)
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Pro Hac Vice Attorney Christopher Ohlsen for Accudata Solutions, 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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Filing 62
ORDER: Plaintiff's motion for preliminary injunction (D.I. #6 ) is DENIED. Signed by Judge Richard G. Andrews on 3/30/2021. (nms)
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Filing 61
MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 3/30/2021. (nms)
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Filing 60
ORDER: Defendants motions to stay (D.I. #41 , #43 ) are DENIED. Defendant Accudatas motion to dismiss (D.I. #43 ) is DENIED. Defendant Aspires motion to dismiss (D.I. #41 ) is GRANTED without prejudice as to Count VII and DENIED as to all other counts. Signed by Judge Richard G. Andrews on 3/30/2021. (nms)
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Filing 59
MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 3/30/2021. (nms)
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Filing 58
Letter to The Honorable Richard G. Andrews, from Matthew Denn, regarding request for a Rule 16(b) Scheduling Conference. (Attachments: #1 Exhibit A)(Denn, Matthew) Modified on 1/14/2021 (nms).
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Filing 57
Letter to The Honorable Richard G. Andrews from Kelly E.Farnan regarding update to the Court regarding the status of the Florida litigation. (Attachments: #1 Exhibit A)(Farnan, Kelly)
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Filing 56
NOTICE of Withdrawal of Counsel Timothy Smyth by Accudata Solutions, Inc. (Attachments: #1 Certificate of Service)(Hill, Robert)
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Filing 55
MOTION for Pro Hac Vice Appearance of Attorney Christopher Ohlsen - filed by Accudata Solutions, Inc.. (Hill, Robert)
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SO ORDERED, re #55 MOTION for Pro Hac Vice Appearance of Attorney Christopher Ohlsen, filed by Accudata Solutions, Inc.. Signed by Judge Richard G. Andrews on 10/23/2020. (nms)
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Filing 54
Letter to The Honorable Richard G. Andrews, from Matthew P. Denn, regarding Florida Litigation. (Attachments: #1 Exhibit A)(Denn, Matthew) Modified on 10/21/2020 (nms).
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Filing 53
Letter to The Honorable Richard G. Andrews, from Matthew P. Denn regarding status of Florida litigation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Denn, Matthew) Modified on 10/6/2020 (nms).
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Filing 52
Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding response to Hemostmix's Letter (D.I. #51 ). (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Kelly) Modified on 10/1/2020 (nms).
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Filing 51
Letter to The Honorable Richard G. Andrews, from Matthew Philip Denn, regarding status of the Florida litigation referred to in the parties' pending motions (D.I. #43 , D.I. #41 , D.I. #6 ). (Denn, Matthew) Modified on 9/30/2020 (nms).
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Filing 50
REQUEST for Oral Argument by Hemostemix, Inc. re #43 MOTION to Stay and Motion to Dismiss. (Denn, Matthew)
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Filing 49
REPLY BRIEF re #43 MOTION to Stay and Motion to Dismiss filed by Accudata Solutions, Inc.. (Attachments: #1 Certificate of Service)(Hill, Robert)
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Filing 48
ANSWERING BRIEF in Opposition re #43 MOTION to Stay and Motion to Dismiss, filed by Hemostemix, Inc..Reply Brief due date per Local Rules is 9/15/2020. (Denn, Matthew) Modified on 9/8/2020 (nms).
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Filing 47
REQUEST for Oral Argument by Hemostemix, Inc. re #41 MOTION To Dismiss Or Stay. (Denn, Matthew)
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Filing 46
REPLY BRIEF re #41 MOTION To Dismiss Or Stay filed by Aspire Health Science, LLC. (Attachments: #1 Exhibit A)(Farnan, Kelly)
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Filing 45
ANSWERING BRIEF in Opposition re #41 MOTION To Dismiss Or Stay filed by Hemostemix, Inc..Reply Brief due date per Local Rules is 9/4/2020. (Denn, Matthew)
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Filing 44
OPENING BRIEF in Support re #43 MOTION to Stay and Motion to Dismiss, filed by Accudata Solutions, Inc..Answering Brief/Response due date per Local Rules is 9/8/2020. (Hill, Robert) Modified on 8/24/2020 (nms).
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Filing 43
MOTION to Stay and Motion to Dismiss - filed by Accudata Solutions, Inc.. (Attachments: #1 Proposed Order)(Hill, Robert) Modified on 8/24/2020 (nms).
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Filing 42
OPENING BRIEF in Support re #41 MOTION To Dismiss Or Stay filed by Aspire Health Science, LLC.Answering Brief/Response due date per Local Rules is 8/28/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Farnan, Kelly) Modified on 8/17/2020 (nms).
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Filing 41
MOTION To Dismiss Or Stay - filed by Aspire Health Science, LLC. (Attachments: #1 Text of Proposed Order)(Farnan, Kelly) Modified on 8/17/2020 (nms).
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Filing 40
STIPULATION and Proposed Order - filed by Aspire Health Science, LLC. (Farnan, Kelly) Modified on 8/7/2020 (nms).
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Filing 39
STIPULATION for Extension of Time to File Responsive Pleading - filed by Accudata Solutions, Inc.. (Hill, Robert) Modified on 8/7/2020 (nms).
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SO ORDERED, re #40 STIPULATION and Proposed Order (*Reset Answer Deadlines: Aspire Health Science, LLC answer due 8/14/2020). Signed by Judge Richard G. Andrews on 8/7/2020. (nms)
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SO ORDERED, re #39 STIPULATION for Extension of Time to File Responsive Pleading (*Reset Answer Deadlines: Accudata Solutions, Inc. answer due 8/24/2020). Signed by Judge Richard G. Andrews on 8/7/2020. (nms)
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Filing 38
ORDER Granting #23 MOTION to Intervene. Signed by Judge Richard G. Andrews on 8/3/2020. (nms)
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Pro Hac Vice Attorney Timothy Smyth for Accudata Solutions, 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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Filing 37
REPLY BRIEF re #6 MOTION for Preliminary Injunction filed by Hemostemix, Inc.. (Attachments: #1 Exhibit A)(Denn, Matthew) Modified on 7/28/2020 (nms).
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Filing 36
Verified Amended Complaint against Accudata Solutions, Inc. and Aspire Health Science, LLC - filed by Hemostemix, Inc.. (Attachments: #1 Exhibits 1-11)(Denn, Matthew) Modified on 7/28/2020 (nms).
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Filing 35
Official Transcript of Oral Argument Videoconference held on 07/15/20 before Judge Richard G. Andrews. Court Reporter Jennifer Guy,Email: [email protected]. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/14/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/22/2020. (Triozzi, Heather)
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Filing 34
DECLARATION re #33 Answering Brief in Opposition by Aspire Health Science, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Kelly)
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Filing 33
ANSWERING BRIEF in Opposition re #6 MOTION for Preliminary Injunction filed by Aspire Health Science, LLC.Reply Brief due date per Local Rules is 7/30/2020. (Farnan, Kelly)
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Pro Hac Vice Attorney Daniel L. Buchholz for Aspire Health Science, LLC 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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Filing 32
Letter to The Honorable Richard G. Andrews, from Kelly E. Farnan, regarding response to Plaintiff's July 20, 2020 letter (D.I. #27 ). (Farnan, Kelly) Modified on 7/23/2020 (nms).
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Filing 31
STIPULATION for Extension of Time to File Responsive Pleading - filed by Accudata Solutions, Inc.. (Hill, Robert) Modified on 7/22/2020 (nms).
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SO ORDERED, re #31 STIPULATION for Extension of Time to File Responsive Pleading (*Reset Answer Deadlines: Accudata Solutions, Inc. answer due 8/6/2020). Signed by Judge Richard G. Andrews on 7/22/2020. (nms)
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Filing 30
ORDER FOR PRESERVATION OF DOCUMENTS: Accudata shall immediately preserve the Data in the possession, custody or control of Accudata and any of its employees, agents, principals, or officers possessing the Data (see Order for further details). Signed by Judge Richard G. Andrews on 7/21/2020. (nms)
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Filing 29
DECLARATION of Matthew P. Denn re #28 Post-Hearing Brief, by Hemostemix, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Denn, Matthew) Modified on 7/21/2020 (nms).
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Filing 28
POST-HEARING Brief re #6 MOTION for Preliminary Injunction, filed by Hemostemix, Inc.. (Denn, Matthew) Modified on 7/21/2020 (nms).
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Filing 27
Letter to The Honorable Richard G. Andrews from Matthew P. Denn regarding Proposed Orders for Preservation of Documents. (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)(Denn, Matthew)
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Filing 26
Amended DECLARATION of Timothy R. Smyth re #17 Answering Brief, by Accudata Solutions, Inc.. (Attachments: #1 Exhibits A-C)(Hill, Robert) Modified on 7/20/2020 (nms).
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Minute Entry for proceedings held before Judge Richard G. Andrews: Motion Hearing held on 7/15/2020 re #6 MOTION for Preliminary Injunction. Local counsel for plaintiff M. Denn. Local counsel for defendant: R.K. Hill. Local counsel on behalf of Intervenor: K. Farnan. (Court Reporter Jennifer Guy.) (crb) Modified on 7/16/2020 (nms).
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SO ORDERED, re #25 MOTION for Pro Hac Vice Appearance of Attorney Daniel L. Buchholz, filed by Aspire Health Science, LLC. Signed by Judge Richard G. Andrews on 7/15/2020. (nms)
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Filing 25
MOTION for Pro Hac Vice Appearance of Attorney Daniel L. Buchholz - filed by Aspire Health Science, LLC. (Farnan, Kelly)
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Filing 24
OPENING BRIEF in Support re #23 MOTION to Intervene filed by Aspire Health Science, LLC.Answering Brief/Response due date per Local Rules is 7/28/2020. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H)(Farnan, Kelly)
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Filing 23
MOTION to Intervene - filed by Aspire Health Science, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order, #3 7.1.1 Certification)(Farnan, Kelly) Modified on 7/15/2020 (nms).
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Filing 22
Supplemental Declaration of Thomas Smeenk re #20 Reply Brief, by Hemostemix, Inc.. (Denn, Matthew) Modified on 7/14/2020 (nms).
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Filing 21
Supplemental Declaration of Matthew P. Denn re #20 Reply Brief, by Hemostemix, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Denn, Matthew) Modified on 7/14/2020 (nms).
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Filing 20
REPLY BRIEF re #6 MOTION for Preliminary Injunction filed by Hemostemix, Inc.. (Denn, Matthew)
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Filing 19
DECLARATION of Douglas Milikien re #17 Answering Brief in Opposition, by Accudata Solutions, Inc.. (Attachments: #1 Exhibits A-D)(Hill, Robert) Modified on 7/10/2020 (nms).
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Filing 18
DECLARATION of Thomas R. Smyth re #17 Answering Brief in Opposition, by Accudata Solutions, Inc.. (Attachments: #1 Exhibits A-C)(Hill, Robert) Modified on 7/10/2020 (nms).
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CORRECTING ENTRY: The declarations filed as attachments to the brief at D.I. #17 have been removed from that filing. Briefs and declarations are to be filed independent of each other. Counsel is to refile the declarations accordingly. (nms)
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Filing 17
ANSWERING BRIEF in Opposition re #6 MOTION for Preliminary Injunction, filed by Accudata Solutions, Inc..Reply Brief due date per Local Rules is 7/16/2020. (Hill, Robert) Modified on 7/10/2020 (nms).
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Filing 16
MOTION for Pro Hac Vice Appearance of Attorney Timothy Smyth - filed by Accudata Solutions, Inc.. (Attachments: #1 Certification of Timothy Smyth)(Hill, Robert)
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Filing 15
MOTION for Pro Hac Vice Appearance of Attorney Jason Curliano - filed by Accudata Solutions, Inc.. (Attachments: #1 Certification of Jason Curliano)(Hill, Robert)
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Filing 14
NOTICE of Appearance by Robert Karl Hill on behalf of Accudata Solutions, Inc. (Hill, Robert)
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SO ORDERED, re #16 MOTION for Pro Hac Vice Appearance of Attorney Timothy Smyth filed by Accudata Solutions, Inc., and #15 MOTION for Pro Hac Vice Appearance of Attorney Jason Curliano, filed by Accudata Solutions, Inc.. Signed by Judge Richard G. Andrews on 7/8/2020. (nms)
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Filing 13
SUMMONS Returned Executed by Hemostemix, Inc.. Accudata Solutions, Inc. served on 7/2/2020, answer due 7/23/2020. (Denn, Matthew) Modified on 7/7/2020 (nms).
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Filing 12
ORAL ORDER: The hearing scheduled for July 15, 2020, will be held using Skype for business. A joint email with the email addresses for all those participating in the hearing shall be due to the Court's Case Manager by 4:00 PM on July 8,2020. Ordered by Judge Richard G. Andrews on 7/6/2020. (nms)
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Filing 11
ORDER For Expedited Scheduling: Defendant's Answering Brief in response to the Motion for Preliminary Injunction shall be filed on or before 7/9/2020. Plaintiff's Reply Brief shall be filed on or before 7/13/2020. A hearing on this matter shall be held on 7/15/2020, at 8:30 AM. Signed by Judge Richard G. Andrews on 7/6/2020. (nms)
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Filing 10
MOTION for Expedited Scheduling - filed by Hemostemix, Inc.. (Denn, Matthew) Modified on 7/2/2020 (nms).
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Filing 9
DECLARATION of Matthew P. Denn re #7 Opening Brief in Support, by Hemostemix, Inc.. (Attachments: #1 Exhibits A-C, #2 Certificate of Service)(Denn, Matthew) Modified on 7/2/2020 (nms).
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Filing 8
DECLARATION of Thomas Smeenk re #7 Opening Brief in Support, by Hemostemix, Inc.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Denn, Matthew) Modified on 7/2/2020 (nms).
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Filing 7
OPENING BRIEF in Support re #6 MOTION for Preliminary Injunction, filed by Hemostemix, Inc..Answering Brief/Response due date per Local Rules is 7/16/2020. (Denn, Matthew) Modified on 7/2/2020 (nms).
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Filing 6
MOTION for Preliminary Injunction - filed by Hemostemix, Inc.. (Denn, Matthew) Modified on 7/2/2020 (nms).
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Filing 5
MOTION for Pro Hac Vice Appearance of Attorney Ardith Bronson - filed by Hemostemix, Inc.. (Denn, Matthew)
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Filing 4
MOTION for Pro Hac Vice Appearance of Attorney Christopher G. Oprison - filed by Hemostemix, Inc.. (Denn, Matthew)
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Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
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SO ORDERED, re #4 MOTION for Pro Hac Vice Appearance of Attorney Christopher G. Oprison, filed by Hemostemix, Inc., and #5 MOTION for Pro Hac Vice Appearance of Attorney Ardith Bronson, filed by Hemostemix, Inc.. Signed by Judge Richard G. Andrews on 7/1/2020. (nms)
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Filing 3
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Hemostemix, Inc.. (Denn, Matthew)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lak)
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Filing 1
COMPLAINT - filed against Accudata Solutions, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-3025038.) - filed by Hemostemix, Inc. (Attachments: #1 Exhibit 1-2, #2 Civil Cover Sheet) (lak)
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No Summons Issued. (lak)
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CASE NO LONGER REFERRED to Magistrate Judge Fallon for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (lih)