Gordian Medical, Inc. et al v. Vaughn et al
| Gordian Medical, Inc. doing business as American Medical Technologies and AMT Ultimate Holdings, L.P. |
| Misty Vaughn and Curitec, LLC |
| 1:2022cv00319 |
| March 11, 2022 |
| US District Court for the District of Delaware |
| Sherry R Fallon |
| Maryellen Noreika |
| Contract: Other |
| 28 U.S.C. Β§ 1332 Diversity-Notice of Removal |
| None |
Docket Report
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Filing 22
REPORT AND RECOMMENDATIONS- re #9 MOTION to Dismiss for Lack of Jurisdiction Over the Person. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 5/20/2022. Signed by Judge Sherry R. Fallon on 5/6/2022. (lih)
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Filing 21
MOTION for Pro Hac Vice Appearance of Attorney Benjamin G. Reynolds - filed by Curitec, LLC. Motions referred to Sherry R. Fallon.(Thomas, Lawrence)
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SO ORDERED- re #21 MOTION for Pro Hac Vice Appearance of Attorney Benjamin G. Reynolds. Signed by Judge Sherry R. Fallon on 4/28/2022. (lih)
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Pro Hac Vice Attorney Benjamin G Reynolds for Curitec, 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. (mpb)
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Filing 20
AFFIDAVIT of Service for Summons and Docketed Filings served on Misty Vaughn on April 21, 2022, filed by AMT Ultimate Holdings, L.P., Gordian Medical, Inc.. (Cole, Andrew)
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Filing 19
AFFIDAVIT of Service for Summons and Docketed Filings served on Janet D. on behalf of Curitec, LLC on April 21, 2022, filed by AMT Ultimate Holdings, L.P., Gordian Medical, Inc.. (Cole, Andrew)
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ORAL ORDER re D.I. #17 Joint Status Report: Whereas service of process remains unperfected as to defendants Misty Vaughn and Curitec, LLC (D.I. 1 at ΒΆ 2; D.I. 17 at 2; 4/13/2022 issuance of summons; 4/19/2022 issuance of summons); whereas defendant Curitec, LLC has filed a Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction (D.I. 9); and whereas the motion to dismiss is now fully briefed; the Court finds it is premature to enter a scheduling order. Therefore, IT IS HEREBY ORDERED that the parties are directed to meet and confer on a proposed form of scheduling order that addresses the unripe pending motions and further case management upon completion of service of process on the defendants. Ordered by Judge Sherry R. Fallon on 4/26/2022. (lih)
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Filing 18
Joint Letter to The Honorable Maryellen Noreika and The Honorable Sherry R. Fallon from Andrew L. Cole regarding Reporting Regarding Lack of Unanimous Consent to Magistrate Jurisdiction - re #14 Order Referring Case to Magistrate Judge,,,,,. (Cole, Andrew)
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Filing 17
Joint STATUS REPORT Pursuant to April 13, 2022 Oral Order by AMT Ultimate Holdings, L.P., Gordian Medical, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cole, Andrew) Modified on 4/21/2022 (lih).
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Summons Issued as to Curitec, LLC on 4/19/2022. (srs)
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REQUEST: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #13 . (lih)
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Filing 16
REPLY to Response to Motion re #9 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by Curitec, LLC. (Thomas, Lawrence) Modified on 4/14/2022 (lih).
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Filing 15
Letter to Clerk of Court from Andrew L. Cole regarding Summons Directed to Defendant Misty Vaughn. (Attachments: #1 Summons Forms - Unsigned)(Cole, Andrew)
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Filing 14
ORAL ORDER REFERRING CASE to Magistrate Judge Sherry R. Fallon - IT IS HEREBY ORDERED that this case and the pending motions are referred to Magistrate Judge Sherry R. Fallon 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. 22-319-MN-SRF. The Court requests that the parties consider consenting to Judge Fallon's jurisdiction over this case (or alternatively, over the pending motions (including those motions filed in Chancery Court)). Thus, IT IS FURTHER ORDERED that, should the parties consent to Judge Fallon's jurisdiction over the case or the pending motions, they should complete the appropriate attached form and submit it to Diana_welham@ded.uscourts.gov. If the parties do not consent to Judge Fallon's jurisdiction in any capacity, they shall file a letter stating such no later than 4/20/2022. ORDERED by Judge Maryellen Noreika on 4/13/2022. (Attachments: #1 Magistrate Consent - Motion) Motions referred to Sherry R. Fallon.(dlw) Modified on 4/13/2022 (dlw).
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CORRECTING ENTRY: The docket text of D.I. 14 has been updated to reflect that the Order is an ORAL ORDER. (dlw)
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ORAL ORDER- Whereas the parties filed a Notice of Pending Matters pursuant to Local Rule 81.2 (D.I. 10) identifying the following motions pending at the time of removal: Plaintiffs' Motions for Expedited Proceedings and Preliminary Injunction; IT IS HEREBY ORDERED that on or before April 20, 2022 the parties shall jointly submit to the court a briefing schedule for the pending motions or otherwise advise in a joint submission of no more than two pages whether the foregoing motions are withdrawn, moot or no longer require resolution by the court. Ordered by Judge Sherry R. Fallon on 4/13/2022. (lih)
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Summons Issued as to Misty Vaughn on 4/13/2022. (smg)
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Filing 13
ANSWERING BRIEF in Opposition re #9 MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by AMT Ultimate Holdings, L.P., Gordian Medical, Inc..Reply Brief due date per Local Rules is 4/13/2022. (Attachments: #1 Exhibit A - Declaration of John W. Hofstetter)(Cole, Andrew)
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Pro Hac Vice Attorney David E Rothstein for Misty Vaughn 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. (mpb)
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SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney John W. Hofstetter filed by Gordian Medical, Inc., AMT Ultimate Holdings, L.P., #11 MOTION for Pro Hac Vice Appearance of Attorney Ryan J. Morley filed by Gordian Medical, Inc., AMT Ultimate Holdings, L.P.. ORDERED by Judge Maryellen Noreika on 4/4/2022. (mdb)
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Filing 12
MOTION for Pro Hac Vice Appearance of Attorney John W. Hofstetter - filed by AMT Ultimate Holdings, L.P., Gordian Medical, Inc.. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice)(Cole, Andrew)
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Filing 11
MOTION for Pro Hac Vice Appearance of Attorney Ryan J. Morley - filed by AMT Ultimate Holdings, L.P., Gordian Medical, Inc.. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice)(Cole, Andrew)
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Filing 10
NOTICE of Pending Matters Requiring Judicial Attention Filed Pursuant to Local Rule 81.2 by AMT Ultimate Holdings, L.P., Gordian Medical, Inc. (Dougherty, Jack)
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Filing 9
MOTION to Dismiss for Lack of Jurisdiction Over the Person - filed by Curitec, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order, #3 Certificate of Service)(Thomas, Lawrence) Modified on 3/23/2022 (dlw).
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Set Briefing Schedule: re #9 MOTION to Dismiss for Lack of Jurisdiction Over the Person - Answering Brief due 4/6/2022. (dlw)
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Filing 8
STATEMENT re 7 Oral Order // Defendant Curitec, LLC's Statement of Citizenship by Curitec, LLC. (Thomas, Lawrence) Modified on 3/22/2022 (dlw).
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Pro Hac Vice Attorney Joseph M Preis for Curitec, 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. (mpb)
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Filing 7
ORAL ORDER - On or before 3/25/2022 Curitec, LLC shall file a statement indicating the citizenship of each member of the LLC entity. If any member is itself an LLC (or LLP), then the statement shall also indicate the citizenship of each sub-member of the member LLC (or LLP). ORDERED by Judge Maryellen Noreika on 3/18/2022. (dlw)
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SO ORDERED re #5 MOTION for Pro Hac Vice Appearance of Attorney Joseph M. Preis filed by Curitec, LLC. ORDERED by Judge Maryellen Noreika on 3/18/2022. (dlw)
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Pro Hac Vice Attorney Joseph M Preis for Curitec, 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. (mpb)
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SO ORDERED re #6 MOTION for Pro Hac Vice Appearance of Attorney David E. Rothstein filed by Misty Vaughn. ORDERED by Judge Maryellen Noreika on 3/18/2022. (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)
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Filing 6
MOTION for Pro Hac Vice Appearance of Attorney David E. Rothstein - filed by Misty Vaughn. (Herr, Daniel)
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Filing 5
MOTION for Pro Hac Vice Appearance of Attorney Joseph M. Preis - filed by Curitec, LLC. (Orlacchio, Adam)
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Filing 4
NOTICE of Appearance by Lawrence Raymond Thomas, III on behalf of Curitec, LLC (Thomas, Lawrence)
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Filing 3
NOTICE of Appearance by Adam V. Orlacchio on behalf of Curitec, LLC (Orlacchio, Adam)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk)
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Filing 1
NOTICE OF REMOVAL and copies of documents from DE Court of Chancery, Case Number 2022-0210-MTZ (Filing fee $402, receipt number ADEDC-3823199)- filed by Misty Vaughn, Curitec, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(apk)
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