Afaxys Pharma, LLC v. TherapeuticsMD, Inc.
| Afaxys Pharma, LLC |
| TherapeuticsMD, Inc. |
| 1:2023cv01064 |
| September 27, 2023 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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Filing 19
SCHEDULING ORDER: Joinder of Parties due by 4/16/2024. Amended Pleadings due by 4/16/2024. Fact Discovery completed by 8/30/2024. Opening Expert Reports due by 9/27/2024. Rebuttal Expert Reports due by 10/25/2024. Reply Expert Reports due by 11/8/2024. Expert Discovery due by 12/13/2024. A Pretrial Conference is set for 4/1/2025 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 4-day Bench Trial is set for 4/8/2025 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 11/21/2023. (dlw)
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| Filing 18 Letter to The Honorable Maryellen Noreika from Daniel A. Taylor regarding The Parties' Joint Proposed Scheduling Order. (Attachments: #1 Exhibit A - Joint Proposed Scheduling Order)(Taylor, Daniel) |
| Filing 17 REDACTED VERSION of #3 Exhibit to a Document, #7 Answer to Complaint (Notice of Removal), Counterclaim, #16 Exhibit to a Document by Afaxys Pharma, LLC. (Taylor, Daniel) |
| Filing 16 [SEALED] EXHIBIT re #15 Opening Brief in Support by Afaxys Pharma, LLC. (Taylor, Daniel) Modified on 10/18/2023 (dlw). |
| Filing 15 OPENING BRIEF in Support re #14 Unopposed MOTION to Seal Defendant TherapeuticsMD, Inc.'s Answer and Counterclaim (D.I. 3-1; D.I. 7) filed by Afaxys Pharma, LLC. Answering Brief/Response due date per Local Rules is 11/1/2023. (Taylor, Daniel) Modified on 10/18/2023 (dlw). |
| Filing 14 Unopposed MOTION to Seal Defendant TherapeuticsMD, Inc.'s Answer and Counterclaim (D.I. 3-1; D.I. 7) - filed by Afaxys Pharma, LLC. (Attachments: #1 Text of Proposed Order)(Taylor, Daniel) Modified on 10/18/2023 (dlw). |
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SO ORDERED re #14 Unopposed MOTION to Seal Defendant TherapeuticsMD, Inc.'s Answer and Counterclaim (D.I. 3-1; D.I. 7) - IT IS HEREBY ORDERED that the unopposed motion is GRANTED. ORDERED by Judge Maryellen Noreika on 10/18/2023. (dlw)
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Filing 13
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 10/17/2023. (dlw)
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| Filing 12 ANSWER to #7 Answer to Complaint (Notice of Removal), Counterclaim by Afaxys Pharma, LLC.(Taylor, Daniel) |
| Pro Hac Vice Attorneys Margaret Peg Donahue Hall and Laurie N. Patton for Afaxys Pharma, 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) |
| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Margaret "Peg" Donahue Hall and Laurie N. Patton - filed by Afaxys Pharma, LLC. (Taylor, Daniel) |
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SO ORDERED re #11 MOTION for Pro Hac Vice Appearance of Attorney Margaret "Peg" Donahue Hall and Laurie N. Patton filed by Afaxys Pharma, LLC. ORDERED by Judge Maryellen Noreika on 10/10/2023. (dlw)
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| Filing 10 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Afaxys, Inc. for Afaxys Pharma, LLC filed by Afaxys Pharma, LLC. (Taylor, Daniel) |
| Filing 9 REDACTED VERSION of #3 Exhibit to a Document by Afaxys Pharma, LLC. (Taylor, Daniel) Modified on 10/5/2023 (dlw). |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 8 NOTICE OF SUBSTITUTION OF COUNSEL re Afaxys Pharma, LLC: Entry of appearance of attorney Daniel Taylor. Attorney Kathleen M. Miller terminated. (Taylor, Daniel) |
| Filing 7 [SEALED] ANSWER to Complaint (Notice of Removal), COUNTERCLAIM against Afaxys Pharma, LLC by TherapeuticsMD, Inc. (Attachments: #1 Certificate of Service)(Culver, Donna) Modified on 10/5/2023 (dlw). |
| CORRECTING ENTRY: Previously filed answer has been DELETED. Counsel is advised to refile using the appropriate code. (Answer to Complaint - Notice of Removal) (smg) |
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Filing 6
ORDER granting D.I. #1 MOTION for Leave to File Under Seal - filed by TherapeuticsMD, Inc. (See Order for additional details) Signed by Judge Colm F. Connolly on 09/28/2023. (smg)
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| Remark: Exit copies to Duty Judge CFC. (smg) |
| Remark: Case submitted for routine judicial assignment. (smg) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by TherapeuticsMD, Inc. (Attachments: #1 Certificate of Service)(smg) |
| Filing 4 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg) |
| Filing 3 [SEALED] EXHIBIT - State Court Complaint re #2 Notice of Removal, by TherapeuticsMD, Inc. (Attachments: #1 Defendant's Answer to Complaint and Counterclaims)(smg) |
| Filing 2 NOTICE OF REMOVAL and copies of documents from Delaware Superior Court, Case Number N23C-08-00220 PRW CCLD (Filing fee $402, receipt number ADEDC-4234315)- filed by TherapeuticsMD, Inc. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Certificate of Service)(smg) |
| Filing 1 MOTION for Leave to File Under Seal - filed by TherapeuticsMD, Inc. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(smg) |
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