SWK Funding LLC v. Best ABT, Inc.
| SWK Funding LLC |
| Best ABT, Inc. |
| 1:2023cv01123 |
| October 10, 2023 |
| US District Court for the District of Delaware |
| Gregory B Williams |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Pro Hac Vice Attorney John E. Lucian and Michael D. Silberfarb for Best ABT, 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. (apk) |
SO ORDERED, re #30 MOTION for Pro Hac Vice Appearance of Attorney Michael Silberfarb filed by Best ABT, Inc., #29 MOTION for Pro Hac Vice Appearance of Attorney John Lucian filed by Best ABT, Inc. Signed by Judge Gregory B. Williams on 11/14/23. (ntl)
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| Filing 30 MOTION for Pro Hac Vice Appearance of Attorney Michael Silberfarb - filed by Best ABT, Inc.. (Currier, Anna) |
| Filing 29 MOTION for Pro Hac Vice Appearance of Attorney John Lucian - filed by Best ABT, Inc.. (Currier, Anna) |
| Pro Hac Vice Attorney David C. Schulte for SWK Funding 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. (mkr) |
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SO ORDERED, re #25 MOTION for Pro Hac Vice Appearance of Attorney David C. Schulte filed by SWK Funding LLC. Signed by Judge Gregory B. Williams on 11/1/23. (ntl)
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| Filing 28 Joint STATEMENT Pursuant to Local Rule 81.2 by SWK Funding LLC. (Will, Thomas) |
| Filing 27 ANSWER to #7 Complaint with Affirmative and Special Defenses by Best ABT, Inc..(Currier, Anna) |
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SO ORDERED, re #26 Joint STIPULATION TO EXTEND TIME Answer to Complaint to 10/30/2023 filed by Best ABT, Inc. Signed by Judge Gregory B. Williams on 10/24/23. (ntl)
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| Filing 26 Joint STIPULATION TO EXTEND TIME Answer to Complaint to 10/30/2023 - filed by Best ABT, Inc.. (Currier, Anna) |
| Filing 25 MOTION for Pro Hac Vice Appearance of Attorney David C. Schulte - filed by SWK Funding LLC. (Will, Thomas) |
| Filing 24 NOTICE of Appearance by Thomas Parker Will on behalf of SWK Funding LLC (Will, Thomas) |
| Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb) |
| Filing 23 Local Counsel Letter sent. Notice of Compliance deadline set for 11/9/2023. (apk) |
| Filing 22 Record of case transferred in from District of New York Southern; Case Number in Other District: 1:23-cv-06953. Copy of Docket Sheet and original file |
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Filing 21
STIPULATION AND ORDER: WHEREAS, the Court, upon consideration of the Defendant's Motion, the Parties' agreement, the record, and applicable authorities, hereby ORDERS that Defendant's Motion shall be: GRANTED IN PART, and that this action be, and is hereby, TRANSFERRED to the United States District Court for the District of Delaware. The Court ORDERS that Defendant's motion, in all other respects, be, and is hereby, DENIED. The Clerk of Court shall take the necessary steps to transfer this action in accordance with normal procedures. Motions terminated: #15 MOTION to Dismiss Complaint on Forum Non-Conveniens Grounds. MOTION to Transfer Case in the Alternative. filed by Best ABT, Inc. (Signed by Judge Denise L. Cote on 10/6/2023) (vfr) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/10/2023.]
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| Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by Best ABT, Inc...(Silberfarb, Michael) [Transferred from New York Southern on 10/10/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Delaware.(vfr) [Transferred from New York Southern on 10/10/2023.] |
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Filing 19
ORDER Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by October 20, 2023. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiff shall file any opposition to the motion to dismiss by October 20, 2023. Defendant's reply, if any, shall be filed by October 27. At the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that, pursuant to Rule 4(8) of the Court's Individual Rules of Practice in Civil Cases, the plaintiff shall file on ECF, by October 20, a letter no longer than two pages explaining the basis for its belief that diversity of citizenship exists. (Amended Pleadings due by 10/20/2023., Replies due by 10/27/2023., Responses due by 10/20/2023) (Signed by Judge Denise L. Cote on 10/3/2023) (jca) [Transferred from New York Southern on 10/10/2023.]
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| Filing 18 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Complaint on Forum Non-Conveniens Grounds. MOTION to Transfer Case in the Alternative. . Document filed by Best ABT, Inc...(Silberfarb, Michael) [Transferred from New York Southern on 10/10/2023.] |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Best ABT, Inc...(Silberfarb, Michael) [Transferred from New York Southern on 10/10/2023.] |
| Filing 16 DECLARATION of Michael D. Silberfarb in Support re: #15 MOTION to Dismiss Complaint on Forum Non-Conveniens Grounds. MOTION to Transfer Case in the Alternative.. Document filed by Best ABT, Inc.. (Attachments: #1 Exhibit A - APA, #2 Exhibit B - Royalty and Security Agreement, #3 Exhibit C - Draft Communications, #4 Proposed Order to Dismiss/Transfer Venue).(Silberfarb, Michael) [Transferred from New York Southern on 10/10/2023.] |
| Filing 15 MOTION to Dismiss Complaint on Forum Non-Conveniens Grounds., MOTION to Transfer Case in the Alternative. Document filed by Best ABT, Inc...(Silberfarb, Michael) [Transferred from New York Southern on 10/10/2023.] |
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Filing 14
ORDER: granting #13 Letter Motion for Extension of Time to File Response/Reply re #13 LETTER MOTION for Extension of Time to File Response/Reply as to #7 Complaint. addressed to Judge Denise L. Cote from Michael D. Silberfarb, Esq. dated 08/28/2023. Granted. (Signed by Judge Denise L. Cote on 8/28/2023) (ama) [Transferred from New York Southern on 10/10/2023.]
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| Filing 13 LETTER MOTION for Extension of Time to File Response/Reply as to #7 Complaint addressed to Judge Denise L. Cote from Michael D. Silberfarb, Esq. dated 08/28/2023. Document filed by Best ABT, Inc...(Silberfarb, Michael) [Transferred from New York Southern on 10/10/2023.] |
| Filing 12 NOTICE of Notice of Proof of Service, as required by the Courts Notice of Initial Pretrial Conference [Dkt. 10] re: #10 Order for Initial Pretrial Conference. Document filed by SWK Funding LLC. (Attachments: #1 Exhibit 1 -- Aug. 22, 2023 letter).(Schulte, David) [Transferred from New York Southern on 10/10/2023.] |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint served. Best ABT, Inc. served on 8/10/2023, answer due 8/31/2023. Service was accepted by Tiffany Davis, HR Manager. Document filed by SWK Funding LLC..(Schulte, David) [Transferred from New York Southern on 10/10/2023.] |
| Filing 10 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/11/2023 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 8/8/2023) (tg) [Transferred from New York Southern on 10/10/2023.] |
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Filing 9
ORDER granting #4 Motion for David C. Schulte to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh) [Transferred from New York Southern on 10/10/2023.]
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| Filing 8 DEMAND for Trial by Jury. Document filed by SWK Funding LLC.(Schulte, David) [Transferred from New York Southern on 10/10/2023.] |
| Filing 7 COMPLAINT against Best ABT, Inc.. Document filed by SWK Funding LLC. (Attachments: #1 Exhibit 1 -- agreement).(Schulte, David) [Transferred from New York Southern on 10/10/2023.] |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Best ABT, Inc...(jgo) [Transferred from New York Southern on 10/10/2023.] |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Best ABT, Inc., re: #1 Complaint. Document filed by SWK FUNDING LLC..(Schulte, David) [Transferred from New York Southern on 10/10/2023.] |
| Filing 4 MOTION for David C. Schulte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28113817. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SWK FUNDING LLC. (Attachments: #1 Exhibit 1 -- Declaration of David C. Schulte, #2 Exhibit 2 -- Supreme Court of Texas Certificate of Good Standing, #3 Proposed Order Proposed Order).(Schulte, David) [Transferred from New York Southern on 10/10/2023.] |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SWK Holdings Corporation for SWK FUNDING LLC. Document filed by SWK FUNDING LLC..(Schulte, David) [Transferred from New York Southern on 10/10/2023.] |
| Filing 2 CIVIL COVER SHEET filed..(Schulte, David) [Transferred from New York Southern on 10/10/2023.] |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against SWK FUNDING LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28113425)Document filed by SWK FUNDING LLC. (Attachments: #1 Exhibit 1 -- agreement).(Schulte, David) Modified on 8/8/2023 (jgo). [Transferred from New York Southern on 10/10/2023.] |
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| Petitioner: SWK Funding LLC | |
| Represented By: | Thomas Parker Will |
| Represented By: | David C. Schulte |
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| Respondent: Best ABT, Inc. | |
| Represented By: | Anna Elizabeth Currier |
| Represented By: | John E. Lucian |
| Represented By: | Michael D. Silberfarb |
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