The Boston Consulting Group, Inc. v. GameStop Corporation
| The Boston Consulting Group, Inc. |
| GameStop Corporation |
| 1:2022cv00363 |
| March 22, 2022 |
| US District Court for the District of Delaware |
| Vacant Judgeship (2022) |
| Christopher J Burke |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 64
NOTICE OF SERVICE of 1) Defendant's First Request for Admission to Plaintiff; 2) Defendant's Third Set of Interrogatories to Plaintiff; and 3) Defendant's Second Request for Production to Plaintiff filed by GameStop Corporation.(Cannataro, Christopher)
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Filing 63
ORAL ORDER: The Court, having considered the parties' February 16, 2023 letter noting the parties jointly agree that the March 9, 2023 oral argument regarding Defendant Gamestop Corporations Motion to Dismiss (the "Motion") can be held via videoconference, IT IS HEREBY ORDERED that: (1) The hearing will be held via videoconference using the Microsoft Teams platform.; and (2) By no later than March 2, 2023, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.Ordered by Judge Christopher J. Burke on 2/17/2023. (dlb)
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Filing 62
Letter to The Honorable Christopher J. Burke from Christopher Fitzpatrick Cannataro, Esq. regarding the March 9, 2023 Hearing - re 60 Order Setting Hearing on Motion,,. (Cannataro, Christopher)
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Pro Hac Vice Attorney Paulette C. Miniter for GameStop Corporation 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 D.I. #61 MOTION for Pro Hac Vice Appearance of Attorney Paulette C. Miniter, Esq. filed by GameStop Corporation. Ordered by Judge Christopher J. Burke on 2/2/2023. (dlb)
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Filing 61
MOTION for Pro Hac Vice Appearance of Attorney Paulette C. Miniter, Esq. - filed by GameStop Corporation. (Attachments: #1 Text of Proposed Order, #2 Certification)(Seaman, John)
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Filing 60
ORAL ORDER Setting Hearing on Motion: The Court HEREBY ORDERS that oral argument on the pending motion to dismiss, (D.I. 43), will be held on March 9, 2023 at 11:00 a.m. before Judge Christopher J. Burke. The hearing will be held in Courtroom 2A, unless there is joint agreement to conduct the hearing via videoconference using the Microsoft Teams platform. By February 16, 2023, the parties shall submit a joint letter indicating whether there is joint agreement to conduct the hearing via videoconference, or whether the hearing will proceed in person. Two hours will be allocated for argument, to be split equally between the parties. Ordered by Judge Christopher J. Burke on 2/1/2023. (dlb)
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Filing 59
ORAL ORDER: The Court advises the parties that, contrary to what it said during the September 12, 2022 hearing, it now does not intend to issue a separate written decision regarding Defendant's motion to transfer. (D.I. 18) Instead, the transcript of that hearing shall serve as the substance of the Court's decision, (D.I. 58 at 56-80), and for the reasons expressed therein, the motion is DENIED. Ordered by Judge Christopher J. Burke on 1/4/2023. (dlb)
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Filing 58
Official Transcript of Videoconference re: Motion to Transfer held on 9/12/2022 before Judge Judge Burke. Court Reporter/Transcriber Deanna Warner, CSR,Email: warnerdeanna@gmail.com. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/25/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/4/2023. (dlb)
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Filing 57
NOTICE OF SERVICE of Plaintiff The Boston Consulting Group, Inc.'s Responses to Defendant GameStop Corp.'s First Set of Requests for Production and Plaintiff The Boston Consulting Group, Inc.'s Responses to Defendant GameStop Corp.'s First Set of Interrogatories filed by The Boston Consulting Group, Inc..(Christensen, Joseph)
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Filing 56
NOTICE of Change of Firm Affiliation by The Boston Consulting Group, Inc. (Christensen, Joseph)
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Filing 55
NOTICE of Withdrawal of Appearance of Thomas A. Uebler and Adam S. Waskie by The Boston Consulting Group, Inc. (Uebler, Thomas)
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Filing 54
REQUEST for Oral Argument by GameStop Corporation re #43 MOTION to Dismiss for Failure to State a Claim the First Amended Complaint. (Cannataro, Christopher)
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Filing 53
NOTICE OF SERVICE of Defendant GameStop Corp.'s Responses and Objections to Plaintiff's First Set of Interrogatories and Requests for Production filed by GameStop Corporation.(Cannataro, Christopher)
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Pro Hac Vice Attorney Andrew H. Bean for GameStop Corporation 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 #49 MOTION for Pro Hac Vice Appearance of Attorney Andrew H. Bean filed by GameStop Corporation. Signed by Judge Christopher J. Burke on 10/13/2022. (apk)
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Filing 52
REPLY BRIEF re #43 MOTION to Dismiss for Failure to State a Claim the First Amended Complaint /Defendant GameStop Corp.'s Reply Brief in Support of Motion to Dismiss filed by GameStop Corporation. (Seaman, John)
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Filing 51
NOTICE of Appearance by Christopher Fitzpatrick Cannataro on behalf of GameStop Corporation (Cannataro, Christopher)
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Filing 50
ANSWERING BRIEF in Opposition re #43 MOTION to Dismiss for Failure to State a Claim the First Amended Complaint filed by The Boston Consulting Group, Inc..Reply Brief due date per Local Rules is 9/26/2022. (Uebler, Thomas)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 9/12/2022 regarding D.I. #18 MOTION to Transfer Case to the United States District Court for the Northern District of Texas, Dallas Division filed by GameStop Corporation. The Court DENIED the Motion for the reasons stated on the record. (Court Reporter Deanna Warner. Clerk: S. Simonetti) Appearances: T. Uebler, E. Totino, N. Sims, M. Boardman, J. Christensen for Plaintiff; J. Seaman, T. Cox, A. Bean for Defendant. (mlc)
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Filing 49
MOTION for Pro Hac Vice Appearance of Attorney Andrew H. Bean - filed by GameStop Corporation. (Attachments: #1 Certification of Andrew H. Bean, #2 Text of Proposed Order)(Seaman, John)
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SO ORDERED D.I. #48 STIPULATION TO EXTEND TIME to respond to Motion to Dismiss and Reply to Motion to Dismiss to September 19, 2022 and October 12, 2022 filed by GameStop Corporation. Ordered by Judge Christopher J. Burke on 9/7/2022. (dlb)
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Filing 48
STIPULATION TO EXTEND TIME to respond to Motion to Dismiss and Reply to Motion to Dismiss to September 19, 2022 and October 12, 2022 - filed by GameStop Corporation. (Seaman, John)
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Filing 47
ORAL ORDER: The Court, having considered Defendant's Notice Regarding Intent to Have Newer Attorney Participate in Argument at Hearing on Defendant's Motion to Transfer Venue, (D.I. 46), and pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, hereby ORDERS as follows: (1) The hearing scheduled for September 12, 2022 at 10:00 a.m. will now be held via videoconference using the Microsoft Teams platform. By no later than September 8, 2022 the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (2) The Court will ensure that the parties have at least 60 minutes of argument collectively; and (3) it will permit more experienced counsel for Defendant to assist when appropriate. Ordered by Judge Christopher J. Burke on 8/22/2022. (dlb)
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Filing 46
Letter to The Honorable Christopher J. Burke from John M. Seaman, Esq. regarding September 12, 2022 Hearing. (Seaman, John)
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Filing 45
REPLY BRIEF re #18 MOTION to Transfer Case to the United States District Court for the Northern District of Texas, Dallas Division filed by GameStop Corporation. (Seaman, John)
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Filing 44
OPENING BRIEF in Support re #43 MOTION to Dismiss for Failure to State a Claim the First Amended Complaint filed by GameStop Corporation.Answering Brief/Response due date per Local Rules is 8/29/2022. (Seaman, John)
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Filing 43
MOTION to Dismiss for Failure to State a Claim the First Amended Complaint - filed by GameStop Corporation. (Attachments: #1 Text of Proposed Order)(Seaman, John)
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Filing 42
NOTICE OF SERVICE of Rule 26 Initial Disclosures filed by The Boston Consulting Group, Inc..(Christensen, Joseph)
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Filing 41
NOTICE OF SERVICE of (i) Defendant GameStop Corp.'s Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26; (ii) Defendant GameStop Corp.'s First Requests for Production to Plaintiff; and (iii) Defendant GameStop Corp.'s First Set of Interrogatories to Plaintiff filed by GameStop Corporation.(Seaman, John)
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Filing 40
NOTICE OF SERVICE of First Set of Interrogatories and Requests for Production filed by The Boston Consulting Group, Inc..(Christensen, Joseph)
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Filing 39
DECLARATION re #37 Answering Brief in Opposition, of Michael T. Boardman by The Boston Consulting Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Christensen, Joseph)
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Filing 38
DECLARATION re #37 Answering Brief in Opposition, of Brian Harris by The Boston Consulting Group, Inc.. (Christensen, Joseph)
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Filing 37
ANSWERING BRIEF in Opposition re #18 MOTION to Transfer Case to the United States District Court for the Northern District of Texas, Dallas Division filed by The Boston Consulting Group, Inc..Reply Brief due date per Local Rules is 8/2/2022. (Christensen, Joseph)
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Filing 36
PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 7/26/2022. (dlb)
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Filing 35
STIPULATION and [Proposed] Protective Order by The Boston Consulting Group, Inc.. (Uebler, Thomas)
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Filing 34
ORAL ORDER: The Court, having reviewed the pending motion to transfer ("Motion"), (D.I. 18), hereby ORDERS as follows: (1) The Court will hear argument on the Motion on Monday, September 12, 2022 at 10:00 AM via teleconference.; (2) By no later than July 26, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call; and (3) It is possible that, prior to the teleconference, the Court will simply determine that it can decide the Motion on the papers, and in that event, it will cancel the teleconference. That said, the Court encourages (though it does not require) the parties to consider allowing a newer attorney who is familiar with the case and the Motion (if applicable) to argue the Motion. If any party advises the Court in advance that a newer attorney will argue the Motion, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the teleconference and will not cancel it. Ordered by Judge Christopher J. Burke on 7/20/2022. (dlb)
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Filing 33
ORAL ORDER: With the parties having no disputes as to the form of the proposed Scheduling Order (D.I.32), 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 7/15/2022. (dlb)
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Filing 32
SCHEDULING ORDER: Joinder of Parties due by 1/9/2023. Amended Pleadings due by 1/9/2023. Fact Discovery completed by 9/25/2023. Opening Expert Reports due by 10/9/2023. Rebuttal Expert Reports due by 11/6/2023. Expert Discovery due by 11/17/2023. Status Report due by 3/1/2023. Dispositive Motions due by 11/30/2023. Proposed Pretrial Order due by 3/25/2024. A Pretrial Conference is set for 4/5/2024 at 09:00 AM in Courtroom 2A before Judge Christopher J. Burke. A 7 day Jury Trial is set for 4/15/2024 at 09:30 AM in Courtroom 2A before Judge Christopher J. Burke. Please see order for further details and deadlines. Signed by Judge Christopher J. Burke on 7/15/2022. (dlb)
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Filing 31
NOTICE of Case Management Checklist by The Boston Consulting Group, Inc. re 24 Oral Order,,,,, (Uebler, Thomas)
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Filing 30
Letter to The Honorable Christopher J. Burke from Thomas A. Uebler regarding Scheduling Order - re 24 Oral Order,,,,,. (Attachments: #1 Scheduling Order)(Uebler, Thomas)
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Filing 29
REDACTED VERSION of #26 Exhibit to a Document Exhibit 1 to Defendant GameStop Corp.'s Opening Brief in Support of its Motion to Dismiss by GameStop Corporation. (Seaman, John)
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Pro Hac Vice Attorney Edward Totino for The Boston Consulting Group, 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. (mpb)
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Pro Hac Vice Attorney John T. Cox, III for GameStop Corporation 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 28
First AMENDED COMPLAINT against GameStop Corporation- filed by The Boston Consulting Group, Inc..(Christensen, Joseph)
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SO ORDERED D.I. #17 MOTION for Pro Hac Vice Appearance of Attorney Trey Cox, Esq. of Gibson, Dunn & Crutcher LLP filed by GameStop Corporation. Ordered by Judge Christopher J. Burke on 6/30/2022. (dlb)
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Filing 27
ORAL ORDER: The Court, understanding from the parties that Defendant seeks to have the entirety of an exhibit to its motion to dismiss to remain under seal for the remainder of the case, (D.I. 16), hereby ORDERS that by no later than July 8, 2022, Defendant shall file a motion that provides further support for the sealing of this document in its entirety, including a factually-detailed explanation as to how that material is the "kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure." In re Avandia Mktg., Sales Pracs. & Prods. Liab. Litig., 924 F.3d 662, 672 (3d Cir. 2019) (internal quotation marks and citation omitted). To the extent that Plaintiff objects to the motion, briefing will proceed according to the Local Rules. Ordered by Judge Christopher J. Burke on 6/29/2022. (dlb)
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Filing 26
[SEALED] EXHIBIT re #22 Opening Brief in Support of GameStop Corp.'s Motion to Dismiss by GameStop Corporation. (Attachments: #1 Certificate of Service)(Seaman, John)
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SO ORDERED D.I. #16 Stipulation filed by GameStop Corporation. Ordered by Judge Christopher J. Burke on 6/22/2022. (dlb)
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Filing 25
STIPULATION TO EXTEND TIME of the Motion to Transfer and the Motion to Dismiss to July 26, 2022 and August 16, 2022 - filed by The Boston Consulting Group, Inc.. (Uebler, Thomas)
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SO ORDERED D.I. #25 STIPULATION TO EXTEND TIME of the Motion to Transfer and the Motion to Dismiss to July 26, 2022 and August 16, 2022 filed by The Boston Consulting Group, Inc. Ordered by Judge Christopher J. Burke on 6/21/2022. (dlb)
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Filing 24
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burke's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order - Patent", which can be found on Judge Burke's portion of the District Court's website under the Forms tab: (www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and both Scheduling Orders can be found on Judge Burke's portion of the District Court's website. Ordered by Judge Christopher J. Burke on 6/14/2022. (dlb)
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Filing 23
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by GameStop Corporation. (Seaman, John)
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Filing 22
OPENING BRIEF in Support re #21 MOTION to Dismiss for Failure to State a Claim filed by GameStop Corporation.Answering Brief/Response due date per Local Rules is 6/24/2022. (Seaman, John)
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Filing 21
MOTION to Dismiss for Failure to State a Claim - filed by GameStop Corporation. (Attachments: #1 Text of Proposed Order)(Seaman, John)
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Filing 20
STATEMENT re #18 MOTION to Transfer Case to the United States District Court for the Northern District of Texas, Dallas Division Defendant's Statement Under Local Rule 7.1.1 by GameStop Corporation. (Seaman, John)
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Filing 19
OPENING BRIEF in Support re #18 MOTION to Transfer Case to the United States District Court for the Northern District of Texas, Dallas Division filed by GameStop Corporation.Answering Brief/Response due date per Local Rules is 6/24/2022. (Attachments: #1 Exhibit A)(Seaman, John)
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Filing 18
MOTION to Transfer Case to the United States District Court for the Northern District of Texas, Dallas Division - filed by GameStop Corporation. (Attachments: #1 Text of Proposed Order)(Seaman, John)
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Filing 17
MOTION for Pro Hac Vice Appearance of Attorney Trey Cox, Esq. of Gibson, Dunn & Crutcher LLP - filed by GameStop Corporation. (Attachments: #1 Certification of Trey Cox, #2 Text of Proposed Order)(Seaman, John)
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SO ORDERED D.I. #12 MOTION for Pro Hac Vice Appearance of Attorney Edward Totino filed by The Boston Consulting Group, Inc. Ordered by Judge Christopher J. Burke on 6/10/2022. (dlb)
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Filing 16
STIPULATION and [Proposed] Order for Leave to File Under Seal by GameStop Corporation. (Seaman, John)
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Filing 15
Joint STATUS REPORT by The Boston Consulting Group, Inc.. (Uebler, Thomas)
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Filing 14
NOTICE of Appearance by John M. Seaman on behalf of GameStop Corporation (Seaman, John)
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Filing 13
Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burke's portion of the District Court's webpage: #CJB Standing Order re Copies (dlb)
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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)
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ORAL ORDER: The Court has reviewed the docket in light of the parties' recent consent to the Court's jurisdiction. It HEREBY ORDERS that, by no later than June 9, 2022, the parties shall file a joint status report, of no more than two (2) single-spaced pages, advising the Court of: (1) the current status of this litigation; and (2) when an Answer or motion in lieu of an Answer is expected to be filed. Ordered by Judge Christopher J. Burke on 6/2/2022. (dlb)
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Filing 12
MOTION for Pro Hac Vice Appearance of Attorney Edward Totino - filed by The Boston Consulting Group, Inc.. (Christensen, Joseph)
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Filing 11
ORDER Approving Magistrate Consent submitted by parties. Case reassigned to Magistrate Judge Christopher J. Burke. Signed by Judge Colm F. Connolly on 5/31/2022. (etg)
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Filing 10
NOTICE of Consent or Absence of Consent to Proceed before a US Magistrate Judge by The Boston Consulting Group, Inc. re #7 VAC Notice, Consent, Non-Consent, Magistrate Referral (Uebler, Thomas)
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Filing 9
NOTICE OF SUBSTITUTION OF COUNSEL re The Boston Consulting Group, Inc.: Entry of appearance of attorney Thomas A. Uebler. Attorney Edward J. McAndrew terminated. (Uebler, Thomas)
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Pro Hac Vice Attorney Michael T. Boardman and Nancy T Sims for The Boston Consulting Group, 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. (mpb)
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Filing 8
SUMMONS Returned Executed by The Boston Consulting Group, Inc.. GameStop Corporation served on 3/28/2022, answer due 4/18/2022. (McAndrew, Edward)
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SO ORDERED, re #5 MOTION for Pro Hac Vice Appearance of Attorney Nancy Nguyen Sims and Michael T. Boardman filed by The Boston Consulting Group, Inc. Signed by Judge Richard G. Andrews on 3/28/22. (ntl)
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Filing 7
VAC Notice, Consent, Non-Consent, Magistrate Referral (etg)
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Filing 6
ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-VAC-1 (March 9, 2022), which are found on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that the parties shall file the "Notice of Consent or Absence of Consent to Proceed Before a United States Magistrate Judge," being docketed along with the instant order, no later than sixty (60) days after service of the Complaint on the first defendant that is served. IT IS FURTHER ORDERED that the Notice, Consent, and Referral forms re: U.S. Magistrate Judge jurisdiction, previously docketed in this case, are VACATED. Issued by the Clerk of Court on 3/24/2022. (etg)
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Case Assigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (rjb)
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Filing 5
MOTION for Pro Hac Vice Appearance of Attorney Nancy Nguyen Sims and Michael T. Boardman - filed by The Boston Consulting Group, Inc.. (McAndrew, Edward)
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Filing 4
Summons Issued as to GameStop Corporation on 3/22/2022. (mpb)
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Filing 3
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent The Boston Consulting Group LLP for The Boston Consulting Group, Inc. filed by The Boston Consulting Group, Inc.. (mpb)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb)
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Filing 1
COMPLAINT filed with Jury Demand against GameStop Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3830120.) - filed by The Boston Consulting Group, Inc.. (Attachments: #1 Civil Cover Sheet)(mpb)
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