The American Bottling Company Inc. v. Vital Pharmaceuticals, Inc.
Plaintiff: The American Bottling Company Inc.
Defendant: Vital Pharmaceuticals, Inc. doing business as VPX/Redline
Counter Claimant: Vital Pharmaceuticals, Inc.
Case Number: 1:2020cv01268
Filed: September 21, 2020
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. § 1132
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 19, 2020 Filing 17 NOTICE OF SERVICE of Initial Disclosures filed by Vital Pharmaceuticals, Inc..(Logan, Paul)
November 19, 2020 Filing 16 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Keurig Dr Pepper, Inc., Other Affiliate Mondelez International, Inc. (NASDAQ: MDLZ), Other Affiliate Maple Holdings B.V., Other Affiliate JAB Holding Company for The American Bottling Company Inc. filed by The American Bottling Company Inc.. (Naylor, Joseph)
November 19, 2020 Filing 15 NOTICE OF SERVICE of Initial Disclosures pursuant to Federal Rules of Civil Procedure 26(a) filed by The American Bottling Company Inc..(Naylor, Joseph)
November 5, 2020 Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Joshua B. Fleming, Michael A. Rogers and Tiffany J. Li - filed by Vital Pharmaceuticals, Inc.. (Logan, Paul)
November 5, 2020 Opinion or Order Filing 13 ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 11/5/2020. (dlb)
November 5, 2020 Opinion or Order Filing 12 ORAL ORDER: The Rule 16(b) Conference set for 11/9/2020, is CANCELED. Ordered by Judge Richard G. Andrews on 11/5/2020. (nms)
November 5, 2020 Opinion or Order Filing 11 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 3/26/2021. Amended Pleadings due by 3/26/2021. Fact Discovery completed by 11/12/2021. Dispositive Motions due by 9/17/2021. A Pretrial Conference is set for 1/21/2022, at 9:00 AM in Courtroom 6A. A 3 day Jury Trial is set to start 1/31/2022, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 11/5/2020. (nms)
November 5, 2020 Filing 10 PROPOSED Scheduling Order, by The American Bottling Company Inc.. (Naylor, Joseph) Modified on 11/5/2020 (nms).
November 5, 2020 CASE REFERRED to Magistrate Judge Christopher J. Burke 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)
November 5, 2020 Opinion or Order SO ORDERED, re #14 MOTION for Pro Hac Vice Appearance of Attorney Joshua B. Fleming, Michael A. Rogers and Tiffany J. Li, filed by Vital Pharmaceuticals, Inc.. Signed by Judge Richard G. Andrews on 11/5/2020. (nms)
November 5, 2020 CORRECTING ENTRY: The pro hac motion filed at D.I. 13 has been removed from the docket as the filing was incomplete. Certifications by counsel need to provide the firm and contact information for the attorney being moved, thereby allowing opposing counsel with service information. (nms)
October 29, 2020 Filing 9 Letter to Judge Andrews, from Joseph S. Naylor, Esq., regarding call details for the Rule 16(b) scheduling conference. (Naylor, Joseph) Modified on 10/29/2020 (nms).
October 29, 2020 Opinion or Order Filing 8 Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 11/9/2020, at 2:00 PM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 10/29/2020. (nms)
October 29, 2020 Pro Hac Vice Attorney Richard A. Illmer for The American Bottling 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)
October 27, 2020 Filing 7 ANSWER to #3 Answer to Complaint, Counterclaim by The American Bottling Company Inc..(Naylor, Joseph)
October 23, 2020 Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Rick Illmer - filed by The American Bottling Company Inc.. (Attachments: #1 Certificate of Admission)(Naylor, Joseph)
October 23, 2020 Opinion or Order SO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Rick Illmer, filed by The American Bottling Company Inc.. Signed by Judge Richard G. Andrews on 10/23/2020. (nms)
October 13, 2020 Filing 5 STIPULATION Relating to The American Bottling Company Inc. Motion for Adequate Assurance, by The American Bottling Company Inc.. (Naylor, Joseph) Modified on 10/13/2020 (nms).
October 8, 2020 Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Vital Pharmaceuticals, Inc.. (Logan, Paul)
October 8, 2020 Filing 3 ANSWER to Complaint with Jury demand, and COUNTERCLAIMS against The American Bottling Company Inc. by Vital Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Logan, Paul) Modified on 10/8/2020 (nms).
September 23, 2020 Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
September 21, 2020 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal)
September 21, 2020 Filing 1 NOTICE OF REMOVAL and copies of documents from DE Superior Ct., Case Number N20C-08-029 SKR (Filing fee $400, receipt number ADEDC-3212702)- filed by Vital Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service, #4 Civil Cover Sheet)(mal)

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Defendant: Vital Pharmaceuticals, Inc. doing business as VPX/Redline
Represented By: Paul A. Logan
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Plaintiff: The American Bottling Company Inc.
Represented By: Joseph S. Naylor
Represented By: Richard A. Illmer
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Counter claimant: Vital Pharmaceuticals, Inc.
Represented By: Paul A. Logan
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