Tongwei Solar Hefei Co. Ltd., Inc. v. Solaria Corp.
| Tongwei Solar Hefei Co. Ltd., Inc. |
| Solaria Corp. |
| 1:2021cv01047 |
| July 19, 2021 |
| US District Court for the District of Delaware |
| Stephanos Bibas |
| Maryellen Noreika |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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Filing 30
Order, I GRANT Tongwei's Motion to Lift Stay (D.I. #23 ) for the reasons stated in the attached order. If Tongwei wishes to file an amended complaint, it SHALL do so by November 7, 2022. Otherwise, the parties SHALL submit a proposed scheduling order by November 14, 2022, using this template: https://www.ded.uscourts.gov/sites/ded/files/Scheduling%20Order.pdf. Signed by Judge Stephanos Bibas on 10/5/2022. (srs)
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Filing 29
REPLY BRIEF re #23 MOTION to Lift Stay re #22 Order on Motion to Dismiss/Failure to State Claim,, Order on Motion to Stay, filed by Tongwei Solar Hefei Co. Ltd., Inc.. (Golden, Ronald)
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Filing 28
DECLARATION re #27 Answering Brief in Opposition, (Declaration of Jens Petry) by Solaria Corp.. (Balick, Steven)
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Filing 27
ANSWERING BRIEF in Opposition re #23 MOTION to Lift Stay re #22 Order on Motion to Dismiss/Failure to State Claim,, Order on Motion to Stay, filed by Solaria Corp..Reply Brief due date per Local Rules is 8/19/2022. (Balick, Steven)
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Filing 26
NOTICE requesting Clerk to remove David P. Prueter as co-counsel. Reason for request: no longer with firm. (Mayo, Andrew)
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Filing 25
DECLARATION re #23 MOTION to Lift Stay re #22 Order on Motion to Dismiss/Failure to State Claim,, Order on Motion to Stay, Declaration of Lin Yuan in Support of Plaintiff's Motion to Stay by Tongwei Solar Hefei Co. Ltd., Inc.. (Golden, Ronald)
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Filing 24
OPENING BRIEF in Support re #23 MOTION to Lift Stay re #22 Order on Motion to Dismiss/Failure to State Claim,, Order on Motion to Stay, filed by Tongwei Solar Hefei Co. Ltd., Inc..Answering Brief/Response due date per Local Rules is 8/12/2022. (Golden, Ronald)
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Filing 23
MOTION to Lift Stay re #22 Order on Motion to Dismiss/Failure to State Claim,, Order on Motion to Stay, - filed by Tongwei Solar Hefei Co. Ltd., Inc.. (Attachments: #1 Text of Proposed Order)(Golden, Ronald)
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Filing 22
ORDER, I GRANT IN PART Solarias motion to dismiss [D.I. #8 ]. I dismiss Tongwei's interference-with-contract claims without prejudice. Its trade-libel and interference-with-business-relations claims may proceed. I GRANT Solaria's motion to stay this case [D.I. #8 ] pending the outcome of a related German patent-infringement suit. But if that litigation is still ongoing in six months-July 21, 2022-Tongwei may ask me to lift the stay. Signed by Judge Stephanos Bibas on 1/21/2022. (nmg)
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Filing 21
MEMORANDUM OPINION. Signed by Judge Stephanos Bibas on 1/21/2022. (nmg)
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Filing 20
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 12/14/2021. (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 19
REPLY BRIEF re #8 MOTION to Dismiss for Failure to State a Claim, or in the alternative MOTION to Stay filed by Solaria Corp. (Mayo, Andrew) Modified on 11/3/2021 (dlw).
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Filing 18
STIPULATION Seeking to Extend the Deadline by which Solaria's Reply Brief is Due in Support of its Motion to Dismiss or Stay (D.I. 8), by Solaria Corp.. (Balick, Steven)
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SO ORDERED re #18 Stipulation Extending Time to File Reply Brief (Set Briefing Schedule: re #8 MOTION to Dismiss for Failure to State a Claim, or in the alternative, MOTION to Stay - Reply Brief due 11/2/2021). ORDERED by Judge Maryellen Noreika on 10/22/2021. (dlw)
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Filing 17
ANSWERING BRIEF in Opposition re #8 MOTION to Dismiss for Failure to State a Claim, or in the alternative MOTION to Stay filed by Tongwei Solar Hefei Co. Ltd., Inc. Reply Brief due date per Local Rules is 10/26/2021. (Attachments: #1 Exhibit A)(Golden, Ronald) Modified on 10/22/2021 (dlw).
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Pro Hac Vice Attorney Ronald S. Lemieux for Solaria Corp. 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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Pro Hac Vice Attorney David P. Prueter for Solaria Corp. 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)
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SO ORDERED re #16 Stipulated Order (Set Briefing Schedule: re #8 MOTION to Dismiss for Failure to State a Claim, or in the alternative MOTION to Stay - Answering Brief due 10/19/2021). ORDERED by Judge Maryellen Noreika on 9/28/2021. (dlw)
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Filing 16
PROPOSED ORDER // Stipulated Order Extending the Deadline for Plaintiff to File its Answering Brief in Opposition to Defendant's Motion to Dismiss to October 19, 2021 by Tongwei Solar Hefei Co. Ltd., Inc. (Golden, Ronald) Modified on 9/28/2021 (dlw).
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Filing 15
STATEMENT // Certification Pursuant to Local Rule 7.1.1 re #8 MOTION to Dismiss for Failure to State a Claim , or in the alternative MOTION to Stay by Solaria Corp. (Balick, Steven) Modified on 9/27/2021 (dlw).
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Filing 14
ORAL ORDER re #8 MOTION to Dismiss for Failure to State a Claim, or in the alternative, MOTION to Stay - Defendant's motion to dismiss includes a motion in the alternative to stay pending resolution of a German action which is a nondispositive motion that, pursuant to Local Rule 7.1.1, requires an averment of counsel that a reasonable effort has been made to reach agreement with Plaintiff on this issue. THEREFORE, IT IS HEREBY ORDERED that, on or before 9/24/2021, Defendant shall file the requisite Rule 7.1.1 Statement regarding their alternative motion to stay. ORDERED by Judge Maryellen Noreika on 9/21/2021. (dlw)
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Filing 13
MOTION for Pro Hac Vice Appearance of Attorney Ronald S. Lemieux and David P. Prueter - filed by Solaria Corp.. (Balick, Steven)
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Filing 12
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Solaria Corp.. (Balick, Steven)
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Filing 11
DECLARATION of Suvi Sharma re #9 Opening Brief in Support by Solaria Corp. (Balick, Steven) Modified on 9/21/2021 (dlw).
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Filing 10
DECLARATION of Jens Petry re #9 Opening Brief in Support by Solaria Corp. (Attachments: #1 Exhibit A & B)(Balick, Steven) Modified on 9/21/2021 (dlw).
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Filing 9
OPENING BRIEF in Support re #8 MOTION to Dismiss for Failure to State a Claim, or in the alternative MOTION to Stay filed by Solaria Corp. Answering Brief/Response due date per Local Rules is 10/5/2021. (Balick, Steven) Modified on 9/21/2021 (dlw).
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Filing 8
MOTION to Dismiss for Failure to State a Claim, or in the alternative, MOTION to Stay - filed by Solaria Corp. (Attachments: #1 Text of Proposed Order)(Balick, Steven) Modified on 9/21/2021 (dlw).
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SO ORDERED re #13 MOTION for Pro Hac Vice Appearance of Attorney Ronald S. Lemieux and David P. Prueter filed by Solaria Corp. ORDERED by Judge Maryellen Noreika on 9/21/2021. (dlw)
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SO ORDERED re #7 STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to September 23, 2021 (Set/Reset Answer Deadlines: Solaria Corp. answer due 9/23/2021). ORDERED by Judge Maryellen Noreika on 8/13/2021. (dlw)
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Filing 7
STIPULATION TO EXTEND TIME to Respond to the Complaint to September 23, 2021 - filed by Solaria Corp.. (Balick, Steven)
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Filing 6
AFFIDAVIT of Service for Summons and Complaint served on Antonio Alvarez, CEO, Agent for Service of Solaria Corp. on August 3, 2021, filed by Tongwei Solar Hefei Co. Ltd., Inc.. (Brauerman, Stephen)
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Pro Hac Vice Attorney Filardo Vincent, Jr.,Charles Wizenfeld for Tongwei Solar Hefei Co. Ltd., 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. (apk)
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Filing 5
MOTION for Pro Hac Vice Appearance of Attorney Vincent Filardo, Jr. and Charles Wizenfeld - filed by Tongwei Solar Hefei Co. Ltd., Inc.. (Brauerman, Stephen)
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Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
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SO ORDERED re #5 MOTION for Pro Hac Vice Appearance of Attorney Vincent Filardo, Jr. and Charles Wizenfeld filed by Tongwei Solar Hefei Co. Ltd., Inc. ORDERED by Judge Maryellen Noreika on 7/21/2021. (dlw)
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Filing 4
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Tongwei Co., Ltd. for Tongwei Solar Hefei Co. Ltd., Inc. filed by Tongwei Solar Hefei Co. Ltd., Inc.. (Brauerman, Stephen)
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Filing 3
Summonses Issued (please complete the top portion of the form and print out for use/service). (myr)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr)
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Filing 1
COMPLAINT filed with Jury Demand against Solaria Corp. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3660290.) - filed by Tongwei Solar Hefei Co. Ltd., Inc.. (Attachments: #1 Civil Cover Sheet)(myr)
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