Outcome Capital, LLC v. Elios Vision, Inc.
| Outcome Capital, LLC |
| Elios Vision, Inc. |
| 1:2024cv00436 |
| April 8, 2024 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Pro Hac Vice Attorney Andrew J. Bedigian for Elios Vision, 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. (vfm) |
| Pro Hac Vice Attorney Michael Paris for Outcome Capital, 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. (oam) |
| Pro Hac Vice Attorney Andrew Husick for Outcome Capital, 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. (oam) |
| Filing 32 Pro Hac Vice Fee - Credit Card Payment received for Andrew J. Bedigian. ( re #31 MOTION for Pro Hac Vice Appearance of Attorney Andrew J. Bedigian )( Payment of $ 50, receipt number ADEDC-4421571).(Stover, Chad) |
| Filing 31 MOTION for Pro Hac Vice Appearance of Attorney Andrew J. Bedigian - filed by Elios Vision, Inc.. (Stover, Chad) |
SO ORDERED, re #31 MOTION for Pro Hac Vice Appearance of Attorney Andrew J. Bedigian, filed by Elios Vision, Inc.. Signed by Judge Richard G. Andrews on 6/3/2024. (nms)
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| Filing 30 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Elios Vision, Inc.. (Stover, Chad) |
| Filing 29 DECLARATION of Trace Schmeltz re #25 MOTION to Set Aside Default, by Elios Vision, Inc.. (Stover, Chad) Modified on 5/30/2024 (nms). |
| Filing 28 DECLARATION of Andrew J. Bedigian re #25 MOTION to Set Aside Default, by Elios Vision, Inc.. (Attachments: #1 Exhibit A)(Stover, Chad) Modified on 5/30/2024 (nms). |
| Filing 27 DECLARATION of Elliot Friedman re #25 MOTION to Set Aside Default, by Elios Vision, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stover, Chad) Modified on 5/30/2024 (nms). |
| Filing 26 OPENING BRIEF in Support re #25 MOTION to Set Aside Default filed by Elios Vision, Inc..Answering Brief/Response due date per Local Rules is 6/13/2024. (Stover, Chad) |
| Filing 25 MOTION to Set Aside Default - filed by Elios Vision, Inc.. (Attachments: #1 7.1.1 Certification, #2 Proposed Order)(Stover, Chad) Modified on 5/30/2024 (nms). |
| Filing 24 NOTICE of Appearance by Chad S.C. Stover on behalf of Elios Vision, Inc. (Stover, Chad) |
| Filing 23 Pro Hac Vice Fee - Credit Card Payment received for Andrew J. Husick, Esquire and Michael Paris, Esquire. ( re #22 MOTION for Pro Hac Vice Appearance of Attorney Michael Paris, Esquire, #21 MOTION for Pro Hac Vice Appearance of Attorney Andrew J. Husick, Esquire )( Payment of $ 100, receipt number ADEDC-4418839).(Uebler, Thomas) |
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SO ORDERED, re #22 MOTION for Pro Hac Vice Appearance of Attorney Michael Paris, Esq., filed by Outcome Capital, LLC, and #21 MOTION for Pro Hac Vice Appearance of Attorney Andrew J. Husick, Esq., filed by Outcome Capital, LLC. Signed by Judge Richard G. Andrews on 5/30/2024. (nms)
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| Filing 22 MOTION for Pro Hac Vice Appearance of Attorney Michael Paris, Esquire - filed by Outcome Capital, LLC. (Uebler, Thomas) |
| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Andrew J. Husick, Esquire - filed by Outcome Capital, LLC. (Uebler, Thomas) |
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Filing 20
ORDER Granting Unopposed Motion to Unseal the Pleadings (D.I. #19 ). Signed by Judge Richard G. Andrews on 5/29/2024. (nms)
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| Remark: D.I. #2 has been unsealed per the Order at D.I. #20 . (nms) |
| Filing 19 UNOPPOSED Motion to Unseal the Pleadings - filed by Outcome Capital, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order, #3 Certificate of Service)(Uebler, Thomas) Modified on 5/28/2024 (nms). |
| Filing 18 NOTICE of Appearance by Terisa Shoremount on behalf of Outcome Capital, LLC (Shoremount, Terisa) |
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Filing 17
ORAL ORDER: The redacted filing (D.I. #16 ) 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, or parts of it, that contains publicly available materials is prima facie evidence of bad faith. A revised redacted filing is DUE within five business days. Ordered by Judge Richard G. Andrews on 5/22/2024. (nms)
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| Filing 16 REDACTED VERSION of #2 Complaint, by Outcome Capital, LLC. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Uebler, Thomas) Modified on 5/21/2024 (nms). |
| DEFICIENCY NOTICE by the Court issued to Plaintiff Outcome Capital, LLC re #15 Redacted Document. Upon review it was determined this filing was not a complete version of what was filed at D.I. #2 . The redaction lacked inclusion of Exhibit 1 and the Civil Cover Sheet which are part of the filing at D.I. #2 . Plaintiff is to file a revised redacted version of D.I. #2 no later than three (3) days from the date of this notice. (nms) |
| Filing 15 REDACTED VERSION of #2 Complaint, by Outcome Capital, LLC. (Uebler, Thomas) Modified on 5/20/2024 (nms). |
| Filing 14 Letter to The Honorable Richard G. Andrews, from Thomas A. Uebler, regarding redaction notice and requests to unseal the pleadings by Monday, May 20, 2024. (Attachments: #1 Exhibit A)(Uebler, Thomas) Modified on 5/14/2024 (nms). |
| Filing 13 Clerk's ENTRY OF DEFAULT as to Elios Vision, Inc. (see D.I. #11 Request for Entry of Default, filed by Outcome Capital, LLC). (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 #2 . (nms) |
| Filing 12 DECLARATION of Andrew J. Husick, Esq. re #11 Request for Default, by Outcome Capital, LLC. (Attachments: #1 Exhibits A-C)(Uebler, Thomas) Modified on 5/6/2024 (nms). |
| Filing 11 Request for Entry of Default pursuant to Fed. R. Civ. P. 55(A), by Outcome Capital, LLC. (Attachments: #1 Proposed Order)(Uebler, Thomas) Modified on 5/6/2024 (nms). |
| Filing 10 Letter to The Honorable Richard G. Andrews, from Thomas A. Uebler, regarding status. (Attachments: #1 Exhibits A-B)(Uebler, Thomas) Modified on 5/3/2024 (nms). |
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Filing 9
ORAL ORDER: An answer was due to be filed on 4/29/2024 (D.I. #8 ), and to date none has been. Plaintiff is therefore directed to file a status letter no later than three (3) days from the entry of this Order. Ordered by Judge Richard G. Andrews on 4/30/2024. (nms)
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| 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 8 SUMMONS Returned Executed by Outcome Capital, LLC.Elios Vision, Inc. served on 4/8/2024, answer due 4/29/2024. (Uebler, Thomas) |
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Filing 7
ORAL ORDER re #1 MOTION to Seal - IT IS HEREBY ORDERED that the motion is GRANTED. The redacted version shall meet the standard set forth by the Third Circuit (see In Re Avandia Mktg., Sales Practices and Prods. Liab. Litig., 924 F.3d 662 (3d Cir. 2019) and only after Defendant has had an opportunity to review the sealed papers and provide its input on the redactions. ORDERED by Judge Maryellen Noreika on 4/8/2024. (dlw)
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| Filing 6 Summonses Issued (please complete the top portion of the form and print out for use/service). (mpb) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Outcome Capital, LLC. (mpb) |
| Filing 4 EXHIBITS 2-3 to #2 Complaint, filed by Outcome Capital, LLC. (mpb) |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) |
| Filing 2 COMPLAINT with Jury Demand against Elios Vision, Inc. (Filing fee $ 405, receipt number ADEDC-4379216) - filed by Outcome Capital, LLC. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(mpb) Modified on 5/29/2024 (nms). |
| Filing 1 MOTION for Leave to File Complaint and Exhibit Under Seal - filed by Outcome Capital, LLC. (Attachments: #1 Text of Proposed Order)(mpb) |
| Remark: Case submitted for Routine Judicial Assignment. (mpb) |
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