BioLink Life Sciences, Inc. v. AVARA Pharmaceutical Services, Inc.
| BioLink Life Sciences, Inc. |
| AVARA PHARMACEUTICAL SERVICES, INC., and AVARA Pharmaceutical Services, Inc. |
| 5:2022cv00404 |
| October 5, 2022 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Breach of Contract |
| Plaintiff |
Docket Report
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| Motion Submitted to District Judge Louise Wood Flanagan regarding #13 MOTION to Dismiss complaint and MOTION for More Definite Statement. (Collins, S.) |
| Filing 17 Request for Judicial Notice regarding #16 Reply to Response to Motion to Dismiss #13 filed by AVARA Pharmaceutical Services, Inc.. (Attachments: #1 Exhibit RJN Ex. 1 - Delaware Secretary of State Website) (Krimnus, Serge) Modified on 12/1/2022 to terminate as a pending motion and to revise docket text. (Collins, S.). |
| Filing 16 REPLY to Response to Motion regarding #13 MOTION to Dismiss complaint and MOTION for More Definite Statement filed by AVARA Pharmaceutical Services, Inc.. (Krimnus, Serge) |
| Filing 15 RESPONSE in Opposition regarding #13 MOTION to Dismiss complaint and MOTION for More Definite Statement filed by BioLink Life Sciences, Inc.. (Penry, J.) |
TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendant has filed a motion to dismiss and motion for more definite statement, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motion filed 11/4/22. Signed by District Judge Louise Wood Flanagan on 11/14/2022. (Collins, S.)
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| Filing 14 Memorandum in Support regarding #13 MOTION to Dismiss complaint and MOTION for More Definite Statement filed by AVARA Pharmaceutical Services, Inc.. (Krimnus, Serge) |
| Filing 13 MOTION to Dismiss complaint and, MOTION for More Definite Statement filed by AVARA Pharmaceutical Services, Inc.. (Krimnus, Serge) |
| NOTICE OF DEFICIENCY regarding #12 Motion to Dismiss. Counsel is directed to refile their Motion to Dismiss and Memorandum in Support as separate pleadings. Counsel should first file the Motion to Dismiss using the motion event. Counsel should then file the Memorandum in Support, using the MEMORANDUM IN SUPPORT event located under the Responses and Replies category, linking to the Motion to Dismiss when prompted to do so. See Section V.E.1(b) of the CM/ECF Policies and Procedures Manual. In addition, counsel should select all motion events pertaining to this pleading when refiling. Counsel should review the Policies and Procedure Manual for instructions on selecting multiple motion events. (Collins, S.) |
| Filing 12 **CORRECTED AND REFILED AT #13 ** MOTION to Dismiss and MOTION for a more definite statement filed by AVARA Pharmaceutical Services, Inc.. (Attachments: #1 Memorandum in Support of Def's Motion to Dismiss) (Krimnus, Serge) Modified on 11/9/2022 (Collins, S.). |
| Filing 11 Notice of Appearance filed by J. Anthony Penry on behalf of BioLink Life Sciences, Inc.. (Penry, J.) |
| Filing 10 Notice of Special Appearance for non-district by Serge Krimnus on behalf of AVARA Pharmaceutical Services, Inc.. (Krimnus, Serge) |
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Filing 9
ORDER granting #8 Motion for Extension of Time to Answer regarding #8 MOTION for Extension of Time to File Answer, #1 Notice of Removal. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Peter A. Moore, Jr., Clerk of Court on 10/11/2022. A copy of this Order was sent via US mail to J. Anthony Penry of Penry Riemann PLLC at 2245 Gateway Access Pt., Suite 203, Raleigh, NC 27607 (Collins, S.)
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #8 MOTION for Extension of Time to File Answer. (Collins, S.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.) |
| Filing 8 MOTION for Extension of Time to File Answer #1 Notice of Removal filed by AVARA Pharmaceutical Services, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Puryear, Paul) Modified on 10/11/2022 to create docket entry relationship to DE1. (Collins, S.). |
| Filing 7 Notice filed by AVARA Pharmaceutical Services, Inc. Filed Notice to State Court of Removal. (Puryear, Paul) |
| Filing 6 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, J. Anthony Penry of Penry Riemann PLLC at 2245 Gateway Access Pt., Suite 203, Raleigh, NC 27607 mailed via US Mail on October 6, 2022. (Rudd, D.) |
| Filing 5 Financial Disclosure Statement by AVARA PHARMACEUTICAL SERVICES, INC., identifying Corporate Parent Avara US Holdings LLC for AVARA PHARMACEUTICAL SERVICES, INC.,. (Puryear, Paul) |
| Filing 4 Notice of Appearance filed by Paul J Puryear, Jr on behalf of AVARA PHARMACEUTICAL SERVICES, INC.,. (Puryear, Paul) |
| Filing 3 Notice filed by AVARA PHARMACEUTICAL SERVICES, INC., Supplemental Removal Cover Sheet. (Puryear, Paul) |
| Filing 2 Notice filed by AVARA PHARMACEUTICAL SERVICES, INC., Civil Cover Sheet. (Puryear, Paul) |
| Filing 1 NOTICE OF REMOVAL by AVARA PHARMACEUTICAL SERVICES, INC., from North Carolina Superior Court, Wake County, case number 22 CVS 11081. ( Filing fee $ 402 receipt number ANCEDC-6763727), filed by AVARA PHARMACEUTICAL SERVICES, INC.,. (Attachments: #1 Exhibit 1 - State Summons, #2 Exhibit 2 - State Complaint, #3 Exhibit 3 - Notice of Removal - NC) (Puryear, Paul) |
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