Corso v. Concordia Healthcare USA, Inc.
| Joseph Corso |
| Concordia Healthcare USA, Inc. |
| 1:2021cv00353 |
| March 9, 2021 |
| US District Court for the District of Delaware |
| Stephanos Bibas |
| Leonard P Stark |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.
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Filing 85
SO ORDERED, re #83 STIPULATION of Dismissal. Ordered by Judge Stephanos Bibas on 6/7/2023. (twk)
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Filing 84
USCA Order It is hereby ORDERED that the above matter is dismissed pursuant to Fed. R. App. P. 42(b). A certified copy of this order is issued in lieu of a formal mandate. (tm, )
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Filing 83
STIPULATION of Dismissal //Stipulated Dismissal by Joseph Corso. (Mann, Kevin)
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Filing 82
SATISFACTION OF JUDGMENT re #73 Judgment,,, Terminated Case,, //Satisfaction of Judgment Dated April 13, 2023 by Joseph Corso. (Mann, Kevin)
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Filing 81
ORAL ORDER, I STAY all deadlines and motions practice in this case while the parties finalize their settlement. The parties SHALL file a joint status report on June 16, 2023, if the settlement is not final by then. Ordered by Judge Stephanos Bibas on 5/19/2023. (mpb)
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Filing 80
REDACTED VERSION of #79 Reply Brief by Joseph Corso. (Attachments: #1 Declaration of Tiana A. Bey, #2 Second Declaration of Kevin S. Mann)(Mann, Kevin)
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Filing 79
[SEALED] REPLY BRIEF re #74 MOTION for Attorney Fees filed by Joseph Corso. (Attachments: #1 Declaration of Tiana A. Bey, #2 Second Declaration of Kevin S. Mann, #3 Certificate of Service)(Mann, Kevin)
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Filing 78
ANSWERING BRIEF in Opposition re #74 MOTION for Attorney Fees filed by Concordia Healthcare USA, Inc..Reply Brief due date per Local Rules is 5/18/2023. (Glorioso, Alessandra)
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Filing 77
NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re #76 Notice of Appeal (Third Circuit) filed by Joseph Corso. USCA Case Number 23-1867. USCA Case Manager: Tim McIntyre (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (tm, )
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Filing 76
NOTICE OF APPEAL of #73 Judgment,,, Terminated Case,, . Appeal filed by Joseph Corso. (Attachments: #1 Certificate of Service)(Mann, Kevin)
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APPEAL - Credit Card Payment received re #76 Notice of Appeal (Third Circuit) filed by Joseph Corso. ( Filing fee $505, receipt number ADEDC-4132544.) (Mann, Kevin)
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Filing 75
OPENING BRIEF in Support re #74 MOTION for Attorney Fees filed by Joseph Corso.Answering Brief/Response due date per Local Rules is 5/11/2023. (Attachments: #1 Declaration of David B. Gordon, #2 Declaration of Douglas Gold, #3 Declaration of Kevin S. Mann)(Mann, Kevin)
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Filing 74
MOTION for Attorney Fees - filed by Joseph Corso. (Attachments: #1 Text of Proposed Order)(Mann, Kevin)
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Filing 73
FINAL JUDGMENT, I ENTER JUDGMENT in favor of Plaintiff and against Defendant on the Complaint's (D.I. #1 ) breach-of-contract cause of action for interest payments due in 2018, 2019, and 2020, in the amount of $831,916.85. I ENTER JUDGMENT in favor of Defendant and against Plaintiff on all other parts of the Complaint. Post-judgment interest SHALL ACCRUE from the date of this Judgment at an annually compounding rate of 4.53%. (CASE CLOSED). Signed by Judge Stephanos Bibas on 4/13/2023. (twk)
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Filing 72
MEMORANDUM OPINION. Signed by Judge Stephanos Bibas on 4/13/2023. (twk)
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Filing 71
ORAL ORDER, I DISMISS Plaintiff's motion for attorneys' fees and costs (D.I. #69 ) as premature under Federal Rule of Civil Procedure 54(d) and District of Delaware Local Rule 54.1(a)(1). Plaintiff may re-file the motion for attorneys' fees within 14 days after entry of final judgment, and he may re-file the motion for costs within 14 days after the time for appeal has expired or within 14 days after the issuance of the mandate of the appellate court. Signed by Judge Stephanos Bibas on 4/13/2023. (twk)
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Filing 70
OPENING BRIEF in Support re #69 MOTION for Attorney Fees filed by Joseph Corso.Answering Brief/Response due date per Local Rules is 4/21/2023. (Attachments: #1 Declaration of David B. Gordon, #2 Declaration of Douglas Gold, #3 Declaration of Kevin S. Mann)(Mann, Kevin)
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Filing 69
MOTION for Attorney Fees - filed by Joseph Corso. (Attachments: #1 Text of Proposed Order)(Mann, Kevin)
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Filing 68
Letter to The Honorable Stephanos Bibas from Kevin S. Mann, Esq. regarding Prejudgment Interest - re #66 Order,,,. (Mann, Kevin)
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Filing 67
Letter to Judge Stephanos Bibas from Alessandra Glorioso regarding Prejudgment Interest. (Glorioso, Alessandra)
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Filing 66
ORDER, I GRANT IN PART AND DENY IN PART Plaintiff's motion for summary judgment (D.I. #45 ). I grant his claims for interest payments in 2018, 2019, and 2020, totaling $669,600, but deny the motion in all other respects. I GRANT IN PART AND DENY IN PART Defendant's motion for summary judgment (D.I. #38 ). I grant summary judgment dismissing with prejudice Plaintiff's claims for principal payments, interest payments accruing before 2018, prevention, and breach of the implied covenant of good faith and fair dealing, but deny the motion in all other respects. I DISMISS AS MOOT Plaintiff's motion in limine (D.I. #39 ). Within 14 days of the date of this Order, the parties SHALL submit simultaneous letter briefs, not to exceed three single-spaced pages, on the issue of prejudgment interest, including proposed calculations. Signed by Judge Stephanos Bibas on 3/24/2023. (twk)
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Filing 65
MEMORANDUM OPINION. Signed by Judge Stephanos Bibas on 3/24/2023. (twk)
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Filing 64
Oral Order: I POSTPONE the pretrial conference and trial. If necessary, I will set new dates after I resolve the pending motion for summary judgment. D.I. #45 . Ordered by Judge Stephanos Bibas on 08/25/2022. (smg)
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Filing 63
REDACTED VERSION of #61 Appendix by Joseph Corso. (Mann, Kevin)
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Filing 62
REDACTED VERSION of #60 Reply Brief by Joseph Corso. (Mann, Kevin)
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Filing 61
[SEALED] APPENDIX re #60 Reply Brief //Appendix to Reply Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment by Joseph Corso. (Attachments: #1 Certificate of Service)(Mann, Kevin)
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Filing 60
[SEALED] REPLY BRIEF re #45 MOTION for Summary Judgment //Reply Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment filed by Joseph Corso. (Attachments: #1 Certificate of Service)(Mann, Kevin)
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Filing 59
REPLY to Response to Motion re #38 MOTION for Summary Judgment filed by Concordia Healthcare USA, Inc.. (Glorioso, Alessandra)
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Filing 58
REDACTED VERSION of #54 Appendix by Joseph Corso. (Mann, Kevin)
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Filing 57
REDACTED VERSION of #53 Answering Brief in Opposition, by Joseph Corso. (Mann, Kevin)
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Filing 56
ANSWERING BRIEF in Opposition re #39 MOTION in Limine //Plaintiff's Motion to Preclude the Testimony of Philip Green Under Daubert filed by Concordia Healthcare USA, Inc..Reply Brief due date per Local Rules is 6/22/2022. (Attachments: #1 Appendix)(Glorioso, Alessandra)
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Filing 55
ANSWERING BRIEF in Opposition re #45 MOTION for Summary Judgment filed by Concordia Healthcare USA, Inc..Reply Brief due date per Local Rules is 6/22/2022. (Attachments: #1 Appendix)(Glorioso, Alessandra)
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Filing 54
[SEALED] APPENDIX re #53 Answering Brief in Opposition, //Appendix to Memorandum of Law in Opposition to Defendant's Motion for Summary Judgmen by Joseph Corso. (Attachments: #1 Certificate of Service)(Mann, Kevin)
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Filing 53
[SEALED] ANSWERING BRIEF in Opposition re #38 MOTION for Summary Judgment //Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment filed by Joseph Corso.Reply Brief due date per Local Rules is 6/22/2022. (Attachments: #1 Certificate of Service)(Mann, Kevin)
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Filing 52
REDACTED VERSION Memorandum of Law in Support of Plaintiffs Motion for Summary Judgment by Joseph Corso. (Mann, Kevin)
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Filing 51
REDACTED VERSION of #47 Appendix by Joseph Corso. (Mann, Kevin)
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Filing 50
Oral Order: I GRANT Defendant's request to exceed the page limit by two pages. D.I. #40 . Any future requests must include a more specific explanation. And they must be granted before the party files an over-length brief. Otherwise, I will strike any excess pages. Ordered by Judge Stephanos Bibas on 05/25/2022. (smg)
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Filing 49
REDACTED VERSION of #44 Appendix, by Joseph Corso. (Mann, Kevin)
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Filing 48
REDACTED VERSION of #42 Opening Brief in Support, by Joseph Corso. (Mann, Kevin)
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Filing 47
[SEALED] APPENDIX re #46 Opening Brief in Support //Appendix to Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment by Joseph Corso. (Attachments: #1 Certificate of Service)(Mann, Kevin)
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Filing 46
[SEALED] OPENING BRIEF in Support re #45 MOTION for Summary Judgment filed by Joseph Corso.Answering Brief/Response due date per Local Rules is 6/1/2022. (Attachments: #1 Certificate of Service)(Mann, Kevin)
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Filing 45
MOTION for Summary Judgment - filed by Joseph Corso. (Attachments: #1 Text of Proposed Order)(Mann, Kevin)
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Filing 44
[SEALED] APPENDIX re #42 Opening Brief in Support, //Appendix to Memorandum of Law in Support of Motion to Preclude the Testimony of Philip Green Under Daubert by Joseph Corso. (Attachments: #1 Certificate of Service)(Mann, Kevin)
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Filing 43
APPENDIX re #38 MOTION for Summary Judgment by Concordia Healthcare USA, Inc.. (Glorioso, Alessandra)
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Filing 42
[SEALED] OPENING BRIEF in Support re #39 MOTION in Limine //Plaintiff's Motion to Preclude the Testimony of Philip Green Under Daubert filed by Joseph Corso.Answering Brief/Response due date per Local Rules is 6/1/2022. (Attachments: #1 Certificate of Service)(Mann, Kevin)
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Filing 41
OPENING BRIEF in Support re #38 MOTION for Summary Judgment filed by Concordia Healthcare USA, Inc..Answering Brief/Response due date per Local Rules is 6/1/2022. (Glorioso, Alessandra)
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Filing 40
MOTION for Leave to File Excess Pages - filed by Concordia Healthcare USA, Inc.. (Attachments: #1 Text of Proposed Order)(Glorioso, Alessandra)
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Filing 39
MOTION in Limine //Plaintiff's Motion to Preclude the Testimony of Philip Green Under Daubert - filed by Joseph Corso. (Attachments: #1 Text of Proposed Order)(Mann, Kevin)
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Filing 38
MOTION for Summary Judgment - filed by Concordia Healthcare USA, Inc.. (Attachments: #1 Text of Proposed Order)(Glorioso, Alessandra)
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Filing 37
NOTICE OF SERVICE of Reply Expert Report of Paula Richmond in Response to Report of Philip Green filed by Joseph Corso.(Mann, Kevin)
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Filing 36
NOTICE OF SERVICE of Defendant's Rebuttal Expert Report of Philip Green and Defendant's Supplemental Document Production Labeled DEF 11475 filed by Concordia Healthcare USA, Inc..(Glorioso, Alessandra)
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Filing 35
ORDER: DESIGNATION OF CIRCUIT JUDGE TO HOLD A DISTRICT COURT WITHIN THE CIRCUIT, designating and assigning the Honorable Stephanos Bibas of the United States Court of Appeals for the Third Circuit. Signed by Judge Michael A Chagares, Chief Judge of the United States Court of Appeals for the Third Circuit on 3/14/2022. (rjb)
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Case Reassigned to Judge Stephanos Bibas, of the United States Court of Appeals for the Third Circuit. Please include the initials of the Judge (SB) after the case number on all documents filed. (rjb)
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Filing 34
NOTICE OF SERVICE of Expert Report of Paula S. Richmond filed by Joseph Corso.(Mann, Kevin)
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Filing 33
NOTICE to Take Deposition of Joseph Corso on January 25, 2022 filed by Concordia Healthcare USA, Inc..(Glorioso, Alessandra)
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Filing 32
SO ORDERED, re #31 STIPULATION AND ORDER TO EXTEND Scheduling Order Dates Including Trial filed by Concordia Healthcare USA, Inc. -- Discovery due by 1/31/2022. Dispositive Motions due by 5/18/2022. Proposed Pretrial Order due by 8/26/2022. A Final Pretrial Conference is set for 9/2/2022 at 03:00 PM before Judge Leonard P. Stark. A 5-day Jury Trial is set for 9/12/2022 at 09:00 AM before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 1/4/22. (ntl)
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Filing 31
STIPULATION TO EXTEND TIME Scheduling Order Dates Including Trial to September 12, 2022 - filed by Concordia Healthcare USA, Inc.. (Glorioso, Alessandra)
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Filing 30
NOTICE to Take Deposition of Joseph Corso on December 16, 2021 filed by Concordia Healthcare USA, Inc..(Glorioso, Alessandra)
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Filing 29
Joint STATUS REPORT by Concordia Healthcare USA, Inc.. (Glorioso, Alessandra)
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Pro Hac Vice Attorney Tiana A. Bey for Joseph Corso 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 28
NOTICE of Service of Subpoena by Joseph Corso (Attachments: #1 Exhibit A)(Mann, Kevin)
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Filing 27
MOTION for Pro Hac Vice Appearance of Attorney Tiana A. Bey, Esq. - filed by Joseph Corso. (Mann, Kevin)
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SO ORDERED, re #27 MOTION for Pro Hac Vice Appearance of Attorney Tiana A. Bey, Esq. filed by Joseph Corso. Signed by Judge Leonard P. Stark on 11/16/21. (ntl)
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Filing 26
NOTICE OF SERVICE of Defendant's First Supplemental Answers to Pleaintiff's First Set of Interrogatories and Defedant's Answers to Plaintiff's Second Set of Interrogatories and Defendant's Responses to Defendant's Second Set of Request for Production of Documents filed by Concordia Healthcare USA, Inc..(Glorioso, Alessandra)
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Filing 25
NOTICE to Take Deposition of Concordia Pharmaceuticals (US), Inc. (formerly known as Concordia Healthcare USA, Inc.) on 11/9/21 filed by Joseph Corso.(Mann, Kevin)
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Filing 24
NOTICE OF SERVICE of Defendant's Answers to Plaintiff's First Set of Interrogatories filed by Concordia Healthcare USA, Inc..(Glorioso, Alessandra)
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Filing 23
ORDER Setting Mediation Conferences: A Mediation Conference is set for 11/30/2021 at 10:00 AM before Judge Mary Pat Thynge. See ORDER for details. Signed by Judge Mary Pat Thynge on 9/1/2021. (Taylor, Daniel)
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Filing 22
NOTICE OF SERVICE of Plaintiff's Second Set of Interrogatories to Defendant and Plaintiff's Second Set of Requests for Production of Documents to Defendant filed by Joseph Corso.(Mann, Kevin)
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Filing 21
NOTICE OF SERVICE of Plaintiff's Responses to Defendant's First Set of Interrogatories and Plaintiff's Objections and Responses to Defendant's First Set of Requests for Production of Documents filed by Joseph Corso.(Mann, Kevin)
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Filing 20
ORDER Setting Mediation Conferences: A Telephone Conference re: Mediation is set for 8/27/2021 at 11:30 AM before Judge Mary Pat Thynge. See ORDER for details. Signed by Judge Mary Pat Thynge on 8/10/2021. (Taylor, Daniel)
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Filing 19
NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories to Defendant filed by Joseph Corso.(Mann, Kevin)
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Filing 18
NOTICE OF SERVICE of Defendant's First Set of Interrogatories to Plaintiff Joseph Corso and Defendant's First Set of Requests for Production of Documents to Plaintiff Joseph Corso filed by Concordia Healthcare USA, Inc..(Glorioso, Alessandra)
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Filing 17
NOTICE of Service for Defendant's Response to Plaintiff's First Set of Request for Production of Documents by Concordia Healthcare USA, Inc. (Glorioso, Alessandra)
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Filing 16
NOTICE OF SERVICE of Plaintiff's Initial Disclosures filed by Joseph Corso.(Mann, Kevin)
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Filing 15
NOTICE of Service for Defendant's Initial Disclosures by Concordia Healthcare USA, Inc. (Glorioso, Alessandra)
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SO ORDERED, re #14 Joint MOTION for Protective Order filed by Concordia Healthcare USA, Inc.. Signed by Judge Leonard P. Stark on 7/9/2021. (etg)
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Filing 14
Joint MOTION for Protective Order - filed by Concordia Healthcare USA, Inc.. (Glorioso, Alessandra)
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Filing 13
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Discovery due by 12/31/2021. Status Report due by 12/1/2021. Dispositive Motions due by 4/18/2022. Proposed Pretrial Order due by 7/18/2022. A Final Pretrial Conference is set for 7/29/2022 at 03:00 PM in Courtroom 6B before Judge Leonard P. Stark. A 5-day Jury Trial is set for 8/8/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 6/30/21. (ntl)
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CASE REFERRED to Magistrate Judge Mary Pat Thynge 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 12
Letter to The Honorable Leonard P. Stark from Alessandra Glorioso regarding [Proposed] Scheduling Order. (Attachments: #1 Text of Proposed Order)(Glorioso, Alessandra)
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Filing 11
NOTICE OF SERVICE of Plaintiff's First Set of Requests for Production of Documents to Defendant filed by Joseph Corso.(Mann, Kevin)
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Filing 10
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Advanz Pharma Corp. Limited for Concordia Healthcare USA, Inc. filed by Concordia Healthcare USA, Inc.. (Glorioso, Alessandra)
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Pro Hac Vice Attorney Angela E. Dralle for Concordia Healthcare USA, 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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Pro Hac Vice Attorney David B. Gordon for Joseph Corso 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 9
MOTION for Pro Hac Vice Appearance of Attorney David Gordon - filed by Joseph Corso. (Mann, Kevin)
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SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Angela E. Dralle filed by Concordia Healthcare USA, Inc., #8 MOTION for Pro Hac Vice Appearance of Attorney William J. Miller filed by Concordia Healthcare USA, Inc. Signed by Judge Leonard P. Stark on 5/4/21. (ntl)
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SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney David Gordon filed by Joseph Corso. Signed by Judge Leonard P. Stark on 5/4/21. (ntl)
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Pro Hac Vice Attorney William J. Miller for Concordia Healthcare USA, 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. (mal)
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Filing 8
MOTION for Pro Hac Vice Appearance of Attorney William J. Miller - filed by Concordia Healthcare USA, Inc.. (Glorioso, Alessandra)
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Filing 7
MOTION for Pro Hac Vice Appearance of Attorney Angela E. Dralle - filed by Concordia Healthcare USA, Inc.. (Glorioso, Alessandra)
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Filing 6
ANSWER to #1 Complaint, by Concordia Healthcare USA, Inc..(Glorioso, Alessandra)
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SO ORDERED, re #5 STIPULATION TO EXTEND TIME for Defendant to Answer Complaint to 5/3/2021 filed by Joseph Corso. Signed by Judge Leonard P. Stark on 4/27/21. (ntl)
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Filing 5
STIPULATION TO EXTEND TIME for Defendant to Answer Complaint to 5/3/2021 - filed by Joseph Corso. (Mann, Kevin)
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Filing 4
SUMMONS Returned Executed by Joseph Corso. Concordia Healthcare USA, Inc. served on 3/12/2021, answer due 4/5/2021. (Mann, Kevin)
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Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
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Filing 3
Summonses Issued (please complete the top portion of the form and print out for use/service). (amf)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf)
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Filing 1
COMPLAINT filed with Jury Demand against Concordia Healthcare USA, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 402, receipt number ADEDC-3566705.) - filed by Joseph Corso. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(amf)
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