ProPhase Labs, Inc. v. Predictive Laboratories, Inc. et al
| ProPhase Labs, Inc. |
| Predictive Laboratories, Inc. and Predictive Technology Group, Inc. |
| 1:2022cv00101 |
| January 25, 2022 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Maryellen Noreika |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 22 NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's First Set of Interrogatories to Defendants, Defendants' Objections and Responses to Plaintiff's First Set of Requests for Production to Defendants, and Defendants' Objections and Responses to Plaintiff's First Set of Requests for Admission to Defendants filed by Predictive Laboratories, Inc., Predictive Technology Group, Inc..(Golden, Ronald) |
| Filing 21 NOTICE OF SERVICE of Subpoena Duces Tecum to Deloitte & Touche LLP filed by ProPhase Labs, Inc.. (Attachments: #1 Exhibit A - Subpoena, #2 Exhibit B - Proof of Service)(Eckard, Mark) |
| Filing 20 NOTICE OF SERVICE of Subpoena Duces Tecum to Cooper Savas LLC, fka Cooper Williams filed by ProPhase Labs, Inc.. (Attachments: #1 Exhibit A - Subpoena, #2 Exhibit B - Proof of Service)(Eckard, Mark) |
SO ORDERED D.I. #19 STIPULATION TO EXTEND TIME for Defendants to serve their responses to Plaintiff's Discovery requests (D.I.11) and Inititial disclosures pursuant to the Court's Scheduling Order and Federal Rule of Civil Procedure 26 until May 21, 2022 and fo filed by Predictive Laboratories, Inc., Predictive Technology Group, Inc. Ordered by Judge Christopher J. Burke on 4/26/2022. (dlb)
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| Filing 19 STIPULATION TO EXTEND TIME for Defendants to serve their responses to Plaintiff's Discovery requests (D.I.11) and Inititial disclosures pursuant to the Court's Scheduling Order and Federal Rule of Civil Procedure 26 until May 21, 2022 and for Plaintiff and Defendants to serve their initial disclosures pursuant to paragraph 3 of this court's E-Discovery Default Standard to May 21, 2022 - filed by Predictive Laboratories, Inc., Predictive Technology Group, Inc.. (Golden, Ronald) |
| Filing 18 NOTICE of of Subpoena to Deloitte & Touche LLP by ProPhase Labs, Inc. (Attachments: #1 Exhibit 1)(Eckard, Mark) |
| Filing 17 NOTICE of of Subpoena to Cooper Savas LLC, f/k/a Cooper Williams by ProPhase Labs, Inc. (Attachments: #1 Exhibit 1)(Eckard, Mark) |
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SO ORDERED D.I. #16 STIPULATION TO EXTEND TIME for Predictive Laboratories, Inc. and Predictive Technology Group, Inc. to serve its Initial Disclosures pursuant to the court's scheduling order and Federal Rules of Civil Procedure 26 to April 28, 2022 filed by Predictive Laboratories, Inc., Predictive Technology Group, Inc. Ordered by Judge Christopher J. Burke on 4/18/2022. (dlb)
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| Filing 16 STIPULATION TO EXTEND TIME for Predictive Laboratories, Inc. and Predictive Technology Group, Inc. to serve its Initial Disclosures pursuant to the court's scheduling order and Federal Rules of Civil Procedure 26 to April 28, 2022 - filed by Predictive Laboratories, Inc., Predictive Technology Group, Inc.. (Golden, Ronald) |
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Filing 15
ORAL ORDER: With the parties having no disputes as to the form of the proposed Scheduling Order (D.I. 14), the Court has today entered that Order. To the extent that either party wishes the Court to schedule an in-person or telephonic Case Management Conference at this time, they should so inform the Court by letter. To the extent that the parties do not do so, the Court will not set a conference at this time. Ordered by Judge Christopher J. Burke on 4/12/2022. (dlb)
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Filing 14
SCHEDULING ORDER: Joinder of Parties due by 4/30/2022. Amended Pleadings due by 4/30/2022. Discovery due by 9/1/2022. Opening Expert Reports due by 10/15/2022. Rebuttal Expert Reports due by 11/15/2022. Status Report due by 8/31/2022. Dispositive Motions due by 1/20/2023. A Pretrial Conference is set for 6/5/2023 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A Jury Trial is set for 6/12/2023 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. A Jury Trial is set for 6/13/2023 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 4/12/2022. (dlb)
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| Remark: The parties should follow the Courts Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burkes portion of the District Courts webpage: #CJB Copy Order (dlb). |
| Filing 13 Letter to The Honorable Christopher J. Burke from Ronald P. Golden III regarding consent to U.S. Magistrate Judge Burke. (Golden, Ronald) |
| Filing 12 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by ProPhase Labs, Inc.. (Eckard, Mark) |
| Filing 11 NOTICE OF SERVICE of (1) Plaintiffs First Set of Requests for Production of Documents to Defendants; (2) Plaintiffs First Set of Interrogatories to Defendants; (3) Plaintiffs First Set of Requests for Admission to Defendants; and (4) Plaintiffs Rule 26(a)(1) Initial Disclosures filed by ProPhase Labs, Inc..(Eckard, Mark) |
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Filing 10
ORAL ORDER: By no later than seven days from today's date, the parties shall meet and confer and submit a letter of no more than one (1) single-spaced page indicating whether they would jointly agree to consent to Judge Burke's jurisdiction to conduct all proceedings in this case. Ordered by Judge Christopher J. Burke on 4/1/2022. (dlb)
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| Filing 9 PROPOSED ORDER Joint Proposed Scheduling Order by ProPhase Labs, Inc.. (Eckard, Mark) |
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Filing 8
ORAL ORDER: IT IS HEREBY ORDERED that within (30) days from the date of this Order, the parties shall jointly file a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order Non-Patent" up through and including paragraph number 10 (i.e., regarding the portions of the case schedule leading up to, but not including, the case dispositive motion stage of the case) and that is consistent with paragraphs 9-14 of Judge Noreika's "Non-Patent" Scheduling Order (i.e., regarding the portions of the case schedule from the case dispositive motion stage through post-trial motions). To the extent that the parties disagree as to portions of the proposed Scheduling Order, they may highlight those disagreements in bolded text in the Order and explain their respective positions in a joint letter, which shall not exceed three (3) single-spaced pages, and shall be filed along with the proposed Order. After receiving these materials, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference. Both Scheduling Orders can be found on Judge Burke's/Judge Noreika's portions of the District Court's website. Ordered by Judge Christopher J. Burke on 3/1/2022. (mlc)
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| Filing 7 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Predictive Laboratories, Inc., Predictive Technology Group, Inc.. (Golden, Ronald) |
| Filing 6 ANSWER to #1 Complaint, by Predictive Laboratories, Inc., Predictive Technology Group, Inc..(Golden, Ronald) |
| REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (dlb) |
| Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burkes portion of the District Court's webpage: https://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke (dlb) |
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Filing 5
ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke - IT IS HEREBY ORDERED that this case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 22-101-MN-CJB. ORDERED by Judge Maryellen Noreika on 2/3/2022. (dlw)
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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) |
| Filing 4 Summons Issued with Magistrate Consent Notice attached as to Predictive Technology Group, Inc. on 1/26/2022. (twk) |
| Filing 3 Summons Issued with Magistrate Consent Notice attached as to Predictive Laboratories, Inc. on 1/26/2022. (twk) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (twk) |
| Filing 1 COMPLAINT filed against Predictive Laboratories, Inc., Predictive Technology Group, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3788810.) - filed by ProPhase Labs, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(twk) |
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