Express Gene LLC v. Tecan US, Inc.
| Express Gene LLC d/b/a Express Gene Molecular Diagnostics Laboratory |
| Tecan US, Inc. |
| Express Gene LLC doing business as EXPRESS GENE MOLECULAR DIAGNOSTICS LABORATORY |
| Tecan U.S., Inc. |
| 5:2023cv00305 |
| June 8, 2023 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Robert T Numbers |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 38
AMENDED COMPLAINT SECOND against Tecan US, Inc., filed by Express Gene LLC. (Attachments: #1 Exhibit DreamPrep NGC Brochure, #2 Exhibit Fluent Brochure, #3 Exhibit 10/27/2020 Purchase Order, #4 Exhibit Express Gene's DreamPrep Payments, #5 Exhibit 11/25/2020 Material Order Confirmation, #6 Exhibit 04/24/2021 Emails) (Ayala Maura, Eduardo)
|
|
Filing 37
ORDER granting #35 Motion for Leave to File Second Amended Complaint. On or before July 28, 2023, Plaintiff shall file the proposed amended complaint [DE 35-1] as the second amended complaint. Defendant's Motion to Dismiss [DE 26] is DENIED WITHOUT PREJUDICE as moot. Defendant shall answer or otherwise respond on or before August 18, 2023. Signed by Chief U.S. District Judge Richard E. Myers II on 7/24/2023. (McNally, Kimberly)
|
|
Motions Submitted to Chief U.S. District Judge Richard E. Myers II: #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Plaintiff's Amended Complaint (DE 10). #35 MOTION for Leave to File Second Amended Complaint. (McNally, Kimberly)
|
|
Filing 36
Proposed Order regarding #35 MOTION for Leave to File Second Amended Complaint filed by Express Gene LLC. (Ayala Maura, Eduardo)
|
|
Filing 35
MOTION for Leave to File Second Amended Complaint filed by Express Gene LLC. (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Second Amended Complaint (Redlined)) (Ayala Maura, Eduardo)
|
|
Filing 34
Notice of Special Appearance for non-district by Eduardo Gianni Ayala Maura on behalf of Express Gene LLC. (Ayala Maura, Eduardo)
|
|
Notice to Counsel regarding: #35 Motion for Leave to File Second Amended Complaint. Pursuant to Local Civil Rule 7.1(b)(3) and Section V(I)(3) of the CM/ECF Policy and Procedures Manual, parties must file a proposed order with any non-dispositive motion. Please file the proposed order using the 'Proposed Order' event in the Responses and Replies category and link it back to the motion to which it corresponds. Additionally, pursuant to the Practice Preferences of Chief Judge Myers, counsel shall also email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (McNally, Kimberly)
|
|
NOTICE OF DEFICIENCY regarding #31 Notice of Special Appearance. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file their own notice of appearance to be recognized by the court as counsel of record for a party. (McNally, Kimberly)
|
|
Filing 33
Notice of Appearance filed by Leticia L. Shapiro on behalf of Tecan US, Inc.. (Shapiro, Leticia)
|
|
Filing 32
Financial Disclosure Statement by Express Gene LLC (Boyle, W.)
|
|
Filing 31
Notice of Special Appearance for non-district by W. Ellis Boyle on behalf of Express Gene LLC. (Boyle, W.)
|
|
Filing 30
Notice of Appearance filed by W. Ellis Boyle on behalf of Express Gene LLC. (Boyle, W.)
|
|
Filing 29
Notice of Special Appearance for non-district by Aaron Scott Finesilver on behalf of Tecan US, Inc.. (Finesilver, Aaron)
|
|
Filing 28
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 6/29/2023. (Copy of order mailed to Ayala Law, P.A., 2490 Coral Way, Ste 401, Miami, FL 33145.) (McNally, Kimberly)
|
|
Filing 27
Memorandum in Support regarding #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Plaintiff's Amended Complaint (DE 10) filed by Tecan US, Inc.. (Jackson, John)
|
|
Filing 26
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Plaintiff's Amended Complaint (DE 10) filed by Tecan US, Inc.. (Jackson, John)
|
|
Filing 25
ORDER granting #24 Motion for Extension of Time to Answer to #10 Amended Complaint. Defendant shall file its Response to Plaintiffs Amended Complaint, by June 29, 2023. Signed by Peter A. Moore, Jr., Clerk of Court on 6/15/2023. (McNally, Kimberly)
|
|
Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #24 MOTION for Extension of Time to File Answer regarding #10 Amended Complaint. (McNally, Kimberly)
|
|
Filing 24
MOTION for Extension of Time to File Answer regarding #10 Amended Complaint filed by Tecan US, Inc.. (Attachments: #1 Text of Proposed Order granting Extension) (Jackson, John)
|
|
Filing 23
Financial Disclosure Statement by Tecan US, Inc. identifying Corporate Parent Tecan U.S. Group, Inc., Corporate Parent Tecan Group, Ltd. for Tecan US, Inc.. (Jackson, John)
|
|
Filing 22
Notice of Appearance filed by John Christopher Jackson on behalf of Tecan US, Inc.. (Jackson, John)
|
|
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. (McNally, Kimberly)
|
|
Filing 21
Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.)
|
|
Filing 20
Case transferred in from District of Florida Southern. Case Number 1:23-cv-21486. Transfer order and docket sheet obtained from transferring district.
|
|
Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Transfer to the Eastern District of North Carolina ("Mot") #16 and Notice by Plaintiff's Notice of No Opposition to Defendant's Motion ("Notice") #18 . Defendant argues that Plaintiff filed this lawsuit in the wrong venue, and in fact, the purchase order that forms the subject of the lawsuit contains a forum-selection clause requiring litigation in the United States District Court for the Eastern District of North Carolina. See generally Mot. Plaintiff does not oppose Defendant's motion. See generally Notice. UPON CONSIDERATION of the Motion, and the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Transfer Case #16 is GRANTED. The Clerk of Court is instructed to transfer this case to the United States District Court for the Eastern District of North Carolina. Signed by Judge K. Michael Moore on 6/8/2023. (rhr) [Transferred from Florida Southern on 6/8/2023.]
|
|
Civil Case Terminated per DE#19. Closing Case. (scn) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 18
NOTICE by Express Gene LLC re #16 Defendant's MOTION to Transfer to the Eastern District of North Carolina and Supporting Memorandum of Law of No Opposition (Ayala Maura, Eduardo) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 17
Defendant's MOTION to Stay re #16 Defendant's MOTION to Transfer to the Eastern District of North Carolina and Supporting Memorandum of Law by Tecan US, Inc.. Responses due by 6/15/2023 (Silverglate, Spencer) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 16
Defendant's MOTION to Transfer to the Eastern District of North Carolina and Supporting Memorandum of Law by Tecan US, Inc.. (Silverglate, Spencer) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 15
NOTICE of Attorney Appearance by Aaron Scott Finesilver on behalf of Tecan US, Inc.. Attorney Aaron Scott Finesilver added to party Tecan US, Inc.(pty:dft). (Finesilver, Aaron) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to Respond to Amended Complaint. #13 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #13 is GRANTED. Defendant shall respond to Plaintiff's Amended Complaint #10 on or before June 1, 2023. Signed by Judge K. Michael Moore on 5/15/2023. (fpi) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 13
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 Amended Complaint/Amended Notice of Removal by Tecan US, Inc.. Attorney Spencer Hal Silverglate added to party Tecan US, Inc.(pty:dft). (Silverglate, Spencer) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon the filing of Plaintiff's Motion to Reopen Case. 48 . On April 26, 2023, the Court entered an Order #8 dismissing the instant matter without prejudice based on a lack of subject matter jurisdiction. The Plaintiff has since filed an Amended Complaint #10 purporting to properly assert the basis for this Court's jurisdiction. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED the Motion 48 is GRANTED. The Clerk of Court is directed to REOPEN this case. All previously issued orders in this action remain in effect except those inconsistent with this Order. The Parties shall move the Court to reopen any previously filed motions that were mooted when this case was closed. Signed by Judge K. Michael Moore on 5/11/2023. (rhr) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 11
Plaintiff's MOTION to Reopen Case by Express Gene LLC. (Attachments: #1 Text of Proposed Order)(Ayala Maura, Eduardo) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 10
First AMENDED COMPLAINT against All Defendants, filed by Express Gene LLC.(Ayala Maura, Eduardo) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 9
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Express Gene LLC. Tecan US, Inc. served on 4/21/2023, response/answer due 5/12/2023. (Ayala Maura, Eduardo) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 8
ORDER Dismissing Case / Closing Case. Signed by Judge K. Michael Moore on 4/26/2023. See attached document for full details. (rhr) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 7
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 4/19/2023. (rhr) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 6
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 4/19/2023. (rhr) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 5
Bar Letter re: Admissions sent to attorney Ryan M. Sawal, mailing date April 19, 2023, (pt) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 4
Clerk's Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (rbe) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 3
Summons Issued as to Tecan US, Inc. (rbe) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 2
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe) [Transferred from Florida Southern on 6/8/2023.]
|
|
Filing 1
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16551276, filed by Express Gene LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Ayala Maura, Eduardo) [Transferred from Florida Southern on 6/8/2023.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
