Donnelly v. ProPharma Group Topco LLC
Plaintiff: Patrick K Donnelly
Defendant: ProPharma Group Topco LLC
Case Number: 1:2021cv00894
Filed: June 23, 2021
Court: US District Court for the District of Delaware
Presiding Judge: Colm F Connolly
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2021 Opinion or Order Pro Hac Vice Attorney Daniel C. Masakayan for Patrick K Donnelly 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. (srs)
August 18, 2021 Opinion or Order Pro Hac Vice Attorney Nicholas D. SanFillippo for Patrick K Donnelly 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. (twk)
August 6, 2021 Opinion or Order SO ORDERED, re #48 MOTION for Pro Hac Vice Appearance of Attorney Nicholas D. SanFilippo and Daniel C. Masakayan filed by Patrick K Donnelly. Signed by Judge Colm F. Connolly on 8/6/2021. (fms)
August 5, 2021 Opinion or Order Filing 48 MOTION for Pro Hac Vice Appearance of Attorney Nicholas D. SanFilippo and Daniel C. Masakayan - filed by Patrick K Donnelly. (Sensing, John)
August 4, 2021 Opinion or Order Filing 47 NOTICE of Appearance by Ryan D. Konstanzer on behalf of ProPharma Group Topco LLC (Konstanzer, Ryan)
August 4, 2021 Opinion or Order Pro Hac Vice Attorneys Kevin Attridge, Samantha P. Christensen, Robert B. Gilmore, Jonathan E. Missner, and Philip J. O'Beirne for ProPharma Group Topco 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. (srs)
August 3, 2021 Opinion or Order CORRECTING ENTRY: When counsel for defendants filed their Notices of Appearance (D.I. Nos. #40 and #42 ) noticing was set to "no" instead of "yes". Noticing has been turned on in this civil action for defendant's counsel and the notice for D.I. #45 has been regenerated. (fms) Modified on 8/3/2021 (fms).
August 3, 2021 Opinion or Order SO ORDERED, re #46 MOTION for Pro Hac Vice Appearance of Attorney Jonathan E. Missner, Robert B. Gilmore, Philip J. O'Beirne, Kevin L. Attridge and Samantha P. Christensen filed by ProPharma Group Topco LLC. Signed by Judge Colm F. Connolly on 8/3/2021. (fms)
August 2, 2021 Opinion or Order Filing 46 MOTION for Pro Hac Vice Appearance of Attorney Jonathan E. Missner, Robert B. Gilmore, Philip J. O'Beirne, Kevin L. Attridge and Samantha P. Christensen - filed by ProPharma Group Topco LLC. (Hannigan, Susan)
July 26, 2021 Opinion or Order Filing 45 Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 9/14/2021 at 03:00 PM before Judge Colm F. Connolly. Counsel for Plaintiff shall coordinate the call and email the dial-in information to chambers. If the parties have no disputes about the scheduling order, the Court will not make the parties appear at a conference. Signed by Judge Colm F. Connolly on 7/26/2021. (nmf)
July 20, 2021 Opinion or Order Filing 44 NOTICE of Appearance by Jesse Leon Noa on behalf of Patrick K Donnelly (Noa, Jesse)
July 20, 2021 Opinion or Order Filing 43 NOTICE of Appearance by John Anderson Sensing on behalf of Patrick K Donnelly (Sensing, John)
July 19, 2021 Opinion or Order Filing 42 NOTICE of Appearance by Katharine Lester Mowery on behalf of ProPharma Group Topco LLC (Mowery, Katharine)
July 19, 2021 Opinion or Order Filing 41 ANSWER to #1 Complaint, by ProPharma Group Topco LLC.(Hannigan, Susan)
July 19, 2021 Opinion or Order Filing 40 NOTICE of Appearance by Susan Marie Hannigan on behalf of ProPharma Group Topco LLC (Hannigan, Susan)
June 30, 2021 Opinion or Order Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
June 23, 2021 Opinion or Order Filing 39 Local Counsel Letter sent. Notice of Compliance deadline set for 7/23/2021. (apk)
June 23, 2021 Opinion or Order Filing 38 Record of case transferred in from District of South Carolina; Case Number in Other District: 2:20-cv-04110. Copy of Docket Sheet and original file
June 23, 2021 Opinion or Order Filing 37 Case transferred to District of Delaware. The Transferring Clerk's Office hereby attests the record and the docket sheet available through CM/ECF to be the certified list. (rweb, ) [Transferred from South Carolina on 6/23/2021.]
June 22, 2021 Opinion or Order Filing 36 ORDER finding as moot #12 Motion to Seal; granting #24 Motion to Transfer Case; granting #25 Motion to Stay; finding as moot #26 Motion to Seal Signed by Honorable Joseph Dawson, III on 6/22/21.(rweb, ) [Transferred from South Carolina on 6/23/2021.]
April 8, 2021 Opinion or Order Filing 34 TEXT ORDER granting #32 Motion to Substitute Attorney. Signed by Honorable Joseph Dawson, III on 4/8/21.(rweb, ) [Transferred from South Carolina on 6/23/2021.]
April 7, 2021 Opinion or Order Filing 33 CERTIFICATE OF CONSULTATION byProPharma Group Topco LLC re #32 MOTION to Substitute Attorney . (Young, J) [Transferred from South Carolina on 6/23/2021.]
April 6, 2021 Opinion or Order Filing 32 MOTION to Substitute Attorney by ProPharma Group Topco LLC. Response to Motion due by 4/20/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Young, J) [Transferred from South Carolina on 6/23/2021.]
February 10, 2021 Opinion or Order Filing 31 CASE READY FOR RULING ON #25 MOTION to Stay , #26 MOTION to Seal , #12 MOTION to Seal , #24 MOTION to Transfer Case Responses/Objections filed (rweb, ) [Transferred from South Carolina on 6/23/2021.]
February 5, 2021 Opinion or Order Filing 30 REPLY to Response to Motion re #26 MOTION to Seal Response filed by ProPharma Group Topco LLC. (Nettles, William) [Transferred from South Carolina on 6/23/2021.]
February 5, 2021 Opinion or Order Filing 29 REPLY to Response to Motion re #24 MOTION to Transfer Case Response filed by ProPharma Group Topco LLC. (Nettles, William) [Transferred from South Carolina on 6/23/2021.]
January 29, 2021 Opinion or Order Filing 28 RESPONSE in Opposition re #24 MOTION to Transfer Case Pursuant to 28 USC 1004(a) Response filed by Patrick K Donnelly.Reply to Response to Motion due by 2/5/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Signature Page, #2 Exhibit Email)(Shytle, Courtney) [Transferred from South Carolina on 6/23/2021.]
January 29, 2021 Opinion or Order Filing 27 RESPONSE in Opposition re #26 MOTION to Seal Exhibits to its Motion to Transfer Response filed by Patrick K Donnelly.Reply to Response to Motion due by 2/5/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Shytle, Courtney) [Transferred from South Carolina on 6/23/2021.]
January 15, 2021 Opinion or Order Filing 26 MOTION to Seal by ProPharma Group Topco LLC. Response to Motion due by 1/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) [Transferred from South Carolina on 6/23/2021.]
January 15, 2021 Opinion or Order Filing 25 MOTION to Stay by ProPharma Group Topco LLC. Response to Motion due by 1/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) [Transferred from South Carolina on 6/23/2021.]
January 15, 2021 Opinion or Order Filing 24 MOTION to Transfer Case by ProPharma Group Topco LLC. Response to Motion due by 1/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 ProPharma Amended and Restated Limited Liability Company Agreement, dated September 30, 2016, #3 Executed ProPharma Management Incentive Unit Agreement and accompanying exhibits, dated January 18, 2017, #4 ProPharma Group Topco, LLC board member removal agreement, dated September 3, 2019, #5 Email from M. Farah to S. Robinson regarding incentive equity, dated November 5, 2019 , #6 Proposed Repurchase Agreement between Patrick Donnelly and ProPharma Group Topco, LLC, #7 Email chain between Plaintiffs and Defendants counsel, dated November 25, 2020 through December 9, 2020, #8 Proposed Order Granting Motion to Transfer Venue Pursuant to 28 U.S.C 1404)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) Modified on 2/9/2021 to correct exhibit descriptions by filing user(rweb, ). [Transferred from South Carolina on 6/23/2021.]
January 12, 2021 Opinion or Order Filing 23 Case Reassigned to Judge Honorable Joseph Dawson, III. Judge Honorable Margaret B Seymour no longer assigned to the case. (glev, ) [Transferred from South Carolina on 6/23/2021.]
January 5, 2021 Opinion or Order Filing 22 REPLY to Response to Motion re #12 MOTION to Seal Response filed by ProPharma Group Topco LLC. (Nettles, William) [Transferred from South Carolina on 6/23/2021.]
December 29, 2020 Opinion or Order Filing 21 RESPONSE in Opposition re #12 MOTION to Seal Response filed by Patrick K Donnelly.Reply to Response to Motion due by 1/5/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Shytle, Courtney) [Transferred from South Carolina on 6/23/2021.]
December 28, 2020 Opinion or Order Filing 20 TEXT ORDER granting #18 Motion by Nicholas D SanFilippo to Appear Pro Hac Vice. Entered at the direction of Honorable Margaret B Seymour on 12/23/2020.(jbry, ) [Transferred from South Carolina on 6/23/2021.]
December 28, 2020 Opinion or Order Filing 19 TEXT ORDER granting #17 Motion by Daniel C. Masakayan to Appear Pro Hac Vice. Entered at the direction of Honorable Margaret B Seymour on 12/23/2020.(jbry, ) [Transferred from South Carolina on 6/23/2021.]
December 22, 2020 Opinion or Order Filing 18 MOTION to Appear Pro Hac Vice by Nicholas D SanFilippo ( Filing fee $ 350 receipt number 0420-9549533) by Patrick K Donnelly. Response to Motion due by 1/5/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Mt PHV, #2 Exhibit ApplicationPHV, #3 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Shytle, Courtney) [Transferred from South Carolina on 6/23/2021.]
December 22, 2020 Opinion or Order Filing 17 MOTION to Appear Pro Hac Vice by Daniel C. Masakayan ( Filing fee $ 350 receipt number 0420-9549385) by Patrick K Donnelly. Response to Motion due by 1/5/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application Pro Hac, #2 Exhibit Cert Good Standing, #3 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Shytle, Courtney) Modified on 12/22/2020 (SSW). [Transferred from South Carolina on 6/23/2021.]
December 17, 2020 Opinion or Order Filing 16 ORDER granting #11 Motion to Appear Pro Hac Vice: Robert B. Gilmore who represents ProPharma Group Topco, LLC is granted admission pro hac vice in this case. Signed by Honorable Margaret B Seymour on 12/17/2020.(vdru, ) [Transferred from South Carolina on 6/23/2021.]
December 17, 2020 Opinion or Order Filing 15 ORDER granting #10 Motion to Appear Pro Hac Vice. Philip J. OBeirne who represents ProPharma Group Topco, LLC is granted admission pro hac vice in this case. Signed by Honorable Margaret B Seymour on 12/17/2020.(vdru, ) [Transferred from South Carolina on 6/23/2021.]
December 17, 2020 Opinion or Order Filing 14 ORDER granting #9 Motion to Appear Pro Hac Vice: Kevin L. Attridge who represents ProPharma Group Topco, LLC is granted admission pro hac vice in this case. Signed by Honorable Margaret B Seymour on 12/17/2020.(vdru, ) [Transferred from South Carolina on 6/23/2021.]
December 17, 2020 Opinion or Order Filing 13 ORDER granting #8 Motion to Appear Pro Hac Vice: Jonathan E. Missner who represents ProPharma Group Topco, LLC is granted admission pro hac vice in this case. Signed by Honorable Margaret B Seymour on 12/17/2020.(vdru, ) [Transferred from South Carolina on 6/23/2021.]
December 11, 2020 Opinion or Order Filing 12 MOTION to Seal by ProPharma Group Topco LLC. Response to Motion due by 12/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Ex. A to Motion, #2 Memo in Support of Motion to Redact and Seal, #3 Ex. 1 to Memo, #4 Ex. 2 to Memo, #5 Proposed Order)No proposed order.(Nettles, William) [Transferred from South Carolina on 6/23/2021.]
December 11, 2020 Opinion or Order Filing 11 MOTION to Appear Pro Hac Vice by Robert Gilmore ( Filing fee $ 350 receipt number 0420-9527356) by ProPharma Group Topco LLC. Response to Motion due by 12/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) (Attachment 1 replaced on 12/15/2020) (vdru, ). Modified on 12/15/2020 to replace attachment 1 with corrected document as provided by the filer. (vdru, ). [Transferred from South Carolina on 6/23/2021.]
December 11, 2020 Opinion or Order Filing 10 MOTION to Appear Pro Hac Vice by Philip O'Beirne ( Filing fee $ 350 receipt number 0420-9527338) by ProPharma Group Topco LLC. Response to Motion due by 12/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) (Attachment 1 replaced on 12/15/2020) (vdru, ). Modified on 12/15/2020 to replace attachment 1 with corrected document as provided by the filer. (vdru, ). [Transferred from South Carolina on 6/23/2021.]
December 11, 2020 Opinion or Order Filing 9 MOTION to Appear Pro Hac Vice by Kevin Attridge ( Filing fee $ 350 receipt number 0420-9527319) by ProPharma Group Topco LLC. Response to Motion due by 12/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) (Attachment 1 replaced on 12/15/2020) (vdru, ). Modified on 12/15/2020 to replace attachment 1 with corrected document as provided by the filer. (vdru, ). [Transferred from South Carolina on 6/23/2021.]
December 11, 2020 Opinion or Order Filing 8 MOTION to Appear Pro Hac Vice by Jonathan Missner ( Filing fee $ 350 receipt number 0420-9527251) by ProPharma Group Topco LLC. Response to Motion due by 12/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Nettles, William) (Attachment 1 replaced on 12/15/2020) (vdru, ). Modified on 12/15/2020 to replace attachment 1 with corrected document as provided by the filer. (vdru, ). [Transferred from South Carolina on 6/23/2021.]
December 8, 2020 Opinion or Order Filing 7 NOTICE of Appearance by William Norman Nettles on behalf of ProPharma Group Topco LLC (Nettles, William) [Transferred from South Carolina on 6/23/2021.]
December 3, 2020 Opinion or Order Filing 6 TEXT ORDER granting #4 Motion to Seal Document: The Emergency Motion to Seal is granted and a Motion to Seal pursuant to Local Rule 5.03 must be filed no later than December 11, 2020. Entered at the Direction of The Honorable Margaret B Seymour on 12/2/2020.(vdru, ) [Transferred from South Carolina on 6/23/2021.]
November 25, 2020 Opinion or Order Filing 5 CIVIL COVER SHEET - Private Entry. (vdru, ) [Transferred from South Carolina on 6/23/2021.]
November 25, 2020 Opinion or Order Filing 4 MOTION to Seal by Patrick K Donnelly. Motion to Seal, on a provisional basis, portions of Complaint as well as the attachments, until such time as Defendant has had an opportunity to file a motion and memorandum, with supporting declarations, to seal some or all of these materials, pursuant to Local Rule 5.03. Response to Motion due by 12/9/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(vdru, ) [Transferred from South Carolina on 6/23/2021.]
November 25, 2020 Opinion or Order Filing 3 Summons Issued as to ProPharma Group Topco LLC. (vdru, ) [Transferred from South Carolina on 6/23/2021.]
November 25, 2020 Opinion or Order Filing 2 Local Rule 26.01 Answers to Interrogatories by Patrick K Donnelly.(vdru, ) [Transferred from South Carolina on 6/23/2021.]
November 25, 2020 Opinion or Order Filing 1 COMPLAINT against ProPharma Group Topco LLC ( Filing fee $ 402 receipt number 0420-9494236.), filed by Patrick K Donnelly. Service due by 2/23/2021 (Attachments: #1 Exhibit A: Filed Under Seal- Offer Letter, #2 Exhibit B: Filed Under Seal- Incentive Equity Agreement, #3 Exhibit C: Filed Under Seal- Valuation). (vdru, ) [Transferred from South Carolina on 6/23/2021.]

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Defendant: ProPharma Group Topco LLC
Represented By: Katharine Lester Mowery
Represented By: Susan Marie Hannigan
Represented By: Jonathan E. Missner
Represented By: Kevin Attridge
Represented By: Philip J. O'Beirne
Represented By: Robert B. Gilmore
Represented By: Ryan D. Konstanzer
Represented By: Samantha P. Christensen
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Plaintiff: Patrick K Donnelly
Represented By: John Anderson Sensing
Represented By: Daniel C. Masakayan
Represented By: Jesse Leon Noa
Represented By: Nicholas D. SanFilippo
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