BrightSpring Health Services, Inc. v. Foster et al
| BrightSpring Health Services, Inc. and Phoenix Parent Holdings, Inc. |
| Timothy W. Foster and DB Grant Associates, Inc. |
| 1:2022cv00401 |
| March 29, 2022 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on April 29, 2022. A more recent docket listing may be available from PACER.
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Filing 30
ORDER Granting #28 Request to temporarily stay all proceedings in this matter. All current deadlines shall be stayed for thirty (30) days. Signed by Judge Richard G. Andrews on 4/29/2022. (nms)
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| Filing 29 REDACTED VERSION of #22 Second Declaration of L. Bradley Williams, by BrightSpring Health Services, Inc.. (Newcomer, John) Modified on 4/29/2022 (nms). |
| Filing 28 NOTICE of Settlement and Request to Stay Proceedings, by BrightSpring Health Services, Inc. (Newcomer, John) Modified on 4/28/2022 (nms). |
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Filing 27
ORAL ORDER: Answers was due to be filed on 4/22/2022 (see D.I. #18 , D.I. #19 ), and to date none have been. Plaintiff is directed to file a status letter within 3 days from the entry of this Order. Ordered by Judge Richard G. Andrews on 4/25/2022. (nms)
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Filing 26
ORAL ORDER: The redacted filing (D.I. #25 ) is REJECTED because parts of it are redacted in its entirety. Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. Failure to make a good faith attempt at such redactions may result in sanctions, the most common of which would be simply unsealing the entire filing. Redacting in its entirety a document that contains publicly available materials is prima facie evidence of bad faith. Revised redacted filings are DUE within five business days. Ordered by Judge Richard G. Andrews on 4/21/2022. (nms)
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| Filing 25 REDACTED VERSION of #22 Declaration of L. Bradley Williams, by BrightSpring Health Services, Inc.. (Newcomer, John) Modified on 4/20/2022 (nms). |
| REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #22 . (nms) |
| Filing 24 CERTIFICATE OF SERVICE for Redacted Version of Amended Complaint (D.I. #23 ), by BrightSpring Health Services, Inc.. (Newcomer, John) Modified on 4/8/2022 (nms). |
| DEFICIENCY NOTICE by the Court issued to BrightSpring Health Services, Inc. re #23 Redacted Document. Upon review it was determined that this filing does not comply with Local Rule 5.2(b)(1). Plaintiff is directed to supplement the docket with a certificate of service for this filing. (nms) |
| Filing 23 REDACTED VERSION of #21 Amended Complaint by BrightSpring Health Services, Inc.. (Newcomer, John) |
| Filing 22 [SEALED] DECLARATION re #21 Amended Complaint by BrightSpring Health Services, Inc.. (Attachments: #1 Certificate of Service)(Newcomer, John) |
| Filing 21 [SEALED] AMENDED COMPLAINT against DB Grant Associates, Inc., Timothy W. Foster- filed by BrightSpring Health Services, Inc.. (Attachments: #1 Certificate of Service)(Newcomer, John) |
| Filing 20 MOTION to File Under Seal - filed by BrightSpring Health Services, Inc.. (Attachments: #1 7.1.1 Statement, #2 Proposed Order)(Newcomer, John) Modified on 4/7/2022 (nms). |
| Filing 19 SUMMONS Returned Executed by BrightSpring Health Services, Inc.. Timothy W. Foster served on 4/1/2022, answer due 4/22/2022. (Newcomer, John) |
| Filing 18 SUMMONS Returned Executed by BrightSpring Health Services, Inc.. DB Grant Associates, Inc. served on 4/1/2022, answer due 4/22/2022. (Newcomer, John) |
| Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Matthew A. Boyd - filed by BrightSpring Health Services, Inc.. (Newcomer, John) |
| Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Ronald G. Polly, Jr. - filed by BrightSpring Health Services, Inc.. (Newcomer, John) |
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SO ORDERED, re #17 MOTION for Pro Hac Vice Appearance of Attorney Matthew A. Boyd filed by BrightSpring Health Services, Inc., and #16 MOTION for Pro Hac Vice Appearance of Attorney Ronald G. Polly, Jr., filed by BrightSpring Health Services, Inc.. Signed by Judge Richard G. Andrews on 3/31/2022. (nms)
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| Pro Hac Vice Attorney Ronald G. Polly and Matthew A. Boyd for BrightSpring Health Services, 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. (mal) |
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Filing 15
ORAL ORDER: Defendants are directed to file a response within two business days or 48 hours, whichever comes first, from the time of this Order or service of the papers on Defendant, whichever comes second. A hearing will be held at 9 a.m. on the second business day after the response is filed (i.e., if the response is filed on Friday, the hearing will be on Tuesday). Ordered by Judge Richard G. Andrews on 3/30/2022. (nms)
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Filing 14
ORDER Granting #1 MOTION to File Under Seal. Signed by Judge Richard G. Andrews on 3/30/2022. (nms)
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| Remark: Exit copies of documents to Duty Judge RGA via e-mail. (mal) |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 13 Summonses Issued (please complete the top portion of the form and print out for use/service). (mal) |
| Filing 12 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by BrightSpring Health Services, Inc.. (mal) |
| Filing 11 MEMORANDUM of Law in Support re #10 MOTION to Expedite, filed by BrightSpring Health Services, Inc..Answering Brief/Response due date per Local Rules is 4/12/2022. (mal) |
| Filing 10 MOTION to Expedite Discovery - filed by BrightSpring Health Services, Inc.. (Attachments: #1 Proposed Order, #2 7.1.1 Statement)(mal) Modified on 3/30/2022 (nms). |
| Filing 9 DECLARATION of Jeff Chapuran in support re #4 MOTION for Temporary Restraining Order by BrightSpring Health Services, Inc.. (Attachments: #1 Exhibit)(mal) |
| Filing 8 DECLARATION of Stephen Myers in support re #4 MOTION for Temporary Restraining Order, by BrightSpring Health Services, Inc.. (Attachments: #1 Exhibit)(mal) |
| Filing 7 [SEALED] EXHIBITS C-J to #6 DECLARATION of L. Bradley Williams, by BrightSpring Health Services, Inc.. (mal) Modified on 3/30/2022 (nms). |
| Filing 6 DECLARATION of L. Bradley Williams in support re #4 MOTION for Temporary Restraining Order by BrightSpring Health Services, Inc.. (Attachments: #1 Exhibit A-B and K-N)(mal) |
| Filing 5 OPENING BRIEF in Support re #4 MOTION for Temporary Restraining Order filed by BrightSpring Health Services, Inc..Answering Brief/Response due date per Local Rules is 4/12/2022. (mal) |
| Filing 4 MOTION for Temporary Restraining Order and Preliminary Injunction - filed by BrightSpring Health Services, Inc.. (Attachments: #1 Proposed Order, #2 7.1.1 Statement)(mal) Modified on 3/30/2022 (nms). |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) |
| Filing 2 COMPLAINT filed against DB Grant Associates, Inc., Timothy W. Foster - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3837084.) - filed by BrightSpring Health Services, Inc.. (Attachments: #1 Civil Cover Sheet)(mal) |
| Filing 1 MOTION to File Under Seal - filed by BrightSpring Health Services, Inc.. (Attachments: #1 Proposed Order, #2 7.1.1 Statement)(mal) . Modified on 3/30/2022 (nms). |
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