IndustryBuilt Software Ltd. v. Wyandot USA, LLC
| IndustryBuilt Software Ltd. |
| Wyandot USA, LLC |
| 1:2023cv00259 |
| March 9, 2023 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 28 NOTICE of Withdrawal of Counsel Admitted Pro Hac Vice Todd E. Jones, Esquire by IndustryBuilt Software Ltd. (Kramer, Thomas) |
| Filing 27 NOTICE OF SERVICE of Plaintiffs Amended Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(f) re #26 Notice of Service filed by IndustryBuilt Software Ltd..(Kramer, Thomas) |
| Filing 26 NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(f) filed by IndustryBuilt Software Ltd..(Kramer, Thomas) |
| CORRECTING ENTRY: D.I. #26 deleted per counsels request. Counsel will re-file this docket item using the correct event code. (apk) |
| Filing 25 NOTICE OF SERVICE of Initial Disclosures filed by Wyandot USA, LLC.(Lyons, Jeffrey) |
Filing 24
STIPULATION AND ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION. Signed by Judge Maryellen Noreika on 8/10/2023. (dlw)
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| Filing 23 PROPOSED ORDER // Stipulation and Proposed Order Governing the Production and Exchange of Confidential and Highly Confidential Information by IndustryBuilt Software Ltd. (Attachments: #1 Exhibit)(Kramer, Thomas) Modified on 8/10/2023 (dlw). |
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SO ORDERED re #22 STIPULATION TO EXTEND TIME to Serve Initial Disclosures to August 14, 2023. ORDERED by Judge Maryellen Noreika on 8/10/2023. (dlw)
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| Filing 22 STIPULATION TO EXTEND TIME to Serve Initial Disclosures to August 14, 2023 - filed by Wyandot USA, LLC. (Lyons, Jeffrey) |
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Filing 21
SCHEDULING ORDER: Joinder of Parties due by 8/1/2023. Amended Pleadings due by 8/1/2023. Fact Discovery completed by 3/1/2024. Opening Expert Reports due by 4/5/2024. Rebuttal Expert Reports due by 5/3/2024. Reply Expert Reports due by 5/24/2024. Expert Discovery due by 6/28/2024. A Pretrial Conference is set for 10/29/2024 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 4-day Jury Trial is set for 11/5/2024 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 7/27/2023. (dlw)
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| Filing 20 Letter to The Honorable Maryellen Noreika from Thomas H. Kramer, Esquire regarding Proposed Scheduling Order Revised. (Attachments: #1 Text of Proposed Order Scheduling Order)(Kramer, Thomas) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Telephonic Scheduling Conference held on 7/18/2023 re Proposed Scheduling Order ( #18 ). A 4-day Jury Trial is set for 11/5/2024 and the Pretrial Conference will be set a week prior to the trial. The parties shall resubmit a Proposed Scheduling Order to reflect the Court's directives as discussed during today's call. (Court Reporter Stacy Ingram.) (as) |
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Filing 19
ORAL ORDER Setting Telephonic Scheduling Conference - IT IS HEREBY ORDERED that a telephonic Scheduling Conference is set for 7/18/2023 at 10:00 AM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator (diana_welham@ded.uscourts.gov). ORDERED by Judge Maryellen Noreika on 7/11/2023. (dlw)
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| Filing 18 Letter to the Honorable Maryellen Noreika from Thomas H. Kramer, Esquire regarding dispute over portions of the Proposed Scheduling Order - re 14 Oral Order,,. (Attachments: #1 Text of Proposed Order)(Kramer, Thomas) |
| Filing 17 REPLY BRIEF re #10 PARTIAL MOTION to Dismiss Count III of the Complaint for Failure to State a Claim filed by Wyandot USA, LLC. (Lyons, Jeffrey) |
| CORRECTING ENTREY: D.I. 18 filed on 6/23/2023, has been removed. The Document was intended for another matter. (jfm) |
| Filing 16 ANSWERING BRIEF in Opposition re #10 PARTIAL MOTION to Dismiss Count III of the Complaint for Failure to State a Claim filed by IndustryBuilt Software Ltd..Reply Brief due date per Local Rules is 6/23/2023. (Kramer, Thomas) |
| Pro Hac Vice Attorney Grant D. Fairbairn, Troy G. Schuyler, and Timothy M. O'Shea for Wyandot USA, 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. (jdb) |
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SO ORDERED re #15 MOTION for Pro Hac Vice Appearance of Attorney Grant D. Fairbairn, Timothy M. O'Shea, and Schuyler G. Troy filed by Wyandot USA, LLC. ORDERED by Judge Maryellen Noreika on 6/9/2023. (dlw)
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| Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Grant D. Fairbairn, Timothy M. O'Shea, and Schuyler G. Troy - filed by Wyandot USA, LLC. (Lyons, Jeffrey) |
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Filing 14
ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 6/8/2023. (dlw)
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| Filing 13 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Wyandot Buyer, LLC for Wyandot USA, LLC filed by Wyandot USA, LLC. (Lyons, Jeffrey) |
| Filing 12 NOTICE of Appearance by Michael Edward Neminski on behalf of Wyandot USA, LLC (Neminski, Michael) |
| Filing 11 OPENING BRIEF in Support re #10 PARTIAL MOTION to Dismiss Count III of the Complaint for Failure to State a Claim filed by Wyandot USA, LLC. Answering Brief/Response due date per Local Rules is 6/16/2023. (Attachments: #1 Exhibits A-F)(Lyons, Jeffrey) Modified on 6/2/2023 (dlw). (Attachment 1 replaced on 6/5/2023) (dlw). |
| Filing 10 PARTIAL MOTION to Dismiss Count III of the Complaint for Failure to State a Claim - filed by Wyandot USA, LLC. (Attachments: #1 Text of Proposed Order)(Lyons, Jeffrey) Modified on 6/2/2023 (dlw). |
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SO ORDERED re #9 STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to June 2, 2023 (Set/Reset Answer Deadlines: Wyandot USA, LLC answer due 6/2/2023). ORDERED by Judge Maryellen Noreika on 5/2/2023. (dlw)
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| Filing 9 STIPULATION TO EXTEND TIME to Answer complaint to include June 2, 2023 - filed by IndustryBuilt Software Ltd.. (Attachments: #1 Certificate of Service)(Kramer, Thomas) |
| Filing 8 STIPULATION TO EXTEND TIME for Defendant to answer complaint to May 3, 2023 - filed by IndustryBuilt Software Ltd.. (Kramer, Thomas) |
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SO ORDERED re #8 STIPULATION TO EXTEND TIME for Defendant to answer, move, or otherwise respond to the complaint to May 3, 2023 (Set/Reset Answer Deadlines: Wyandot USA, LLC answer due 5/3/2023). ORDERED by Judge Maryellen Noreika on 4/3/2023. (dlw)
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| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Donald P. Boyle, Jr., Esquire - filed by IndustryBuilt Software Ltd.. (Attachments: #1 Certification)(Kramer, Thomas) |
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SO ORDERED re #7 MOTION for Pro Hac Vice Appearance of Attorney Donald P. Boyle, Jr., Esquire filed by IndustryBuilt Software Ltd. ORDERED by Judge Maryellen Noreika on 3/24/2023. (dlw)
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| Pro Hac Vice Attorney Donald P. Boyle, Jr and Todd E. Jones for IndustryBuilt Software Ltd. 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) |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Todd E. Jones, Esquire - filed by IndustryBuilt Software Ltd.. (Attachments: #1 Certification)(Kramer, Thomas) |
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SO ORDERED re #6 MOTION for Pro Hac Vice Appearance of Attorney Todd E. Jones, Esquire filed by IndustryBuilt Software Ltd. ORDERED by Judge Maryellen Noreika on 3/22/2023. (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. (nms) |
| Filing 5 SUMMONS Returned Executed by IndustryBuilt Software Ltd..Wyandot USA, LLC served on 3/13/2023, answer due 4/3/2023. (Kramer, Thomas) |
| Filing 4 Summons Issued as to Wyandot USA, LLC on 3/9/2023. (apk) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Aptean, Inc. for IndustryBuilt Software Ltd. filed by IndustryBuilt Software Ltd. (apk) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) |
| Filing 1 COMPLAINT filed against Wyandot USA, LLC ( Filing fee $ 402, receipt number ADEDC-4086266.) - filed by IndustryBuilt Software Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Civil Cover Sheet)(apk) |
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