LABORATORY CORPORATION OF AMERICA HOLDINGS v. PRIFITERA
| LABORATORY CORPORATION OF AMERICA HOLDINGS |
| SALVATORE PRIFITERA |
| 1:2021cv00366 |
| May 10, 2021 |
| US District Court for the Middle District of North Carolina |
| WILLIAM L OSTEEN |
| JOI ELIZABETH PEAKE |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 27 NOTICE of Settlement in Principle by LABORATORY CORPORATION OF AMERICA HOLDINGS (LINDSAY, DAVID) |
| NOTICE OF CANCELLATION of Preliminary Injunction Hearing set 7/2/2021. (Welch, Kelly) |
| Case Reported Settled: Stipulation of Dismissal due by 8/2/2021. (See #27 Notice of Settlement.) (Welch, Kelly) |
Filing 26
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/17/2021, that the Preliminary Injunction hearing is rescheduled to July 2, 2021, at 9:30 a.m. in Greensboro Courtroom 1. FURTHER ORDERED that Plaintiff's motion to extend the Temporary Restraining Order, (Doc. #25 ), is GRANTED and the TRO is hereby extended until no earlier than July 2, 2021. (Garland, Leah)
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| Reset Deadlines/Hearings: Preliminary Injunction hearing set for 7/2/2021 09:30 AM in Greensboro Courtroom #1. (See #26 Order) (Garland, Leah) |
| Filing 25 (MOTION) NOTICE by LABORATORY CORPORATION OF AMERICA HOLDINGS Notice of Consent to Reschedule Hearing Date and Consent Motion to Extend TRO (LINDSAY, DAVID) Modified on 6/16/2021 to reflect as a motion (Welch, Kelly). |
| Motion Submitted re: #25 MOTION/JOINT NOTICE, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) |
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Filing 24
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/02/2021, that the Preliminary Injunction hearing is rescheduled to June 18, 2021, at 9:30 a.m. FURTHER ORDERED that Plaintiff's motion to extend the Temporary Restraining Order, (Doc. #23 ), is GRANTED and the TRO is hereby extended until no earlier than June 18, 2021. (Garland, Leah)
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| Set Hearing: Preliminary Injunction Hearing set for 6/18/2021 09:30 AM in Greensboro Courtroom #1. (Garland, Leah) |
| Filing 23 NOTICE by LABORATORY CORPORATION OF AMERICA HOLDINGS Notice of Consent to Hearing Date and Motion to Extend TRO (LINDSAY, DAVID) |
| Filing 22 NOTICE by LABORATORY CORPORATION OF AMERICA HOLDINGS re #21 Temporary Restraining Order,,,,, (Attachments: #1 Exhibit Bond 107414652)(LINDSAY, DAVID) |
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Filing 21
TEMPORARY RESTRAINING ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 05/26/2021, that: 1. Plaintiff's Motion for Temporary Restraining Order, (Doc. #4 ), is GRANTED. 2. Defendant Prifitera, including his agents, servants, employees, attorneys, and those persons in active concert or participation with him, is restrained and enjoined from violating the terms of the Restrictive Covenant Agreement as set out. 3. Plaintiff Labcorp shall give security in the sum of $15,000. 4. This Temporary Restraining Order is issued pursuant to Federal Rule of Civil Procedure 65(b) and shall expire when the Motion for Preliminary Injunction comes on for hearing, unless within such time the Order, for good cause shown, is extended or unless Defendant consents that it may be extended for a longerperiod. 5. Counsel for the parties shall meet and confer regarding a date for a hearing on Plaintiff's Motion for Preliminary Injunction and submit a proposed date to the court. At present, the parties have not submitted a proposed schedule and hearing date; the matter will be set for a hearing on Thursday, June 4, if a date is not promptly submitted. 6. Counsel for the parties shall meet and confer on what, if any expedited discovery, they believe is necessary prior to the Preliminary Injunction hearing and submit a proposed order to the court related to the same. (Garland, Leah)
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| Filing 20 NOTICE of Special Appearance by attorney BRUCE L. ATKINS on behalf of Defendant SALVATORE PRIFITERA ( Filing fee $ 25 receipt number 0418-3053251.) (ATKINS, BRUCE) |
| CASE REFERRED re: Joint Proposed Temporary Restraining Order, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) |
| Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Motion Hearing held on 5/17/2021 re #4 MOTION for Temporary Restraining Order and Expedited Discovery filed by LABORATORY CORPORATION OF AMERICA HOLDINGS. Attorneys Robert Steiner and David Lindsay present on behalf of Plaintiff. Drew Chakeres, Corporate Counsel for LabCorp present. Attorneys Thomas Buckley and Allegra Sinclair present on behalf of Defendant. Attorney Bruce Atkins and Defendant, Salvatore Prifitera, attended via teleconference. Court heard arguments from Counsel. For the reasons stated on the record the Court grants #4 Motion for Temporary Restraining Order. Court finds that a bond should be set in the amount of $15,000.00. Defendant consents to stand down with respect to the Court's written order. Court directs parties to draft and submit a proposed temporary restraining order for the Court's consideration. In the interim parties are to confer, outline a discovery schedule, then contact the case manager to provide a date for the preliminary injunction hearing. (Written Order forthcoming.) (Court Reporter Joseph Armstrong.) (Welch, Kelly) |
| Filing 19 SUGGESTION OF AUTHORITY by LABORATORY CORPORATION OF AMERICA HOLDINGS re #4 MOTION for Temporary Restraining Order and Expedited Discovery, (Attachments: #1 Exhibit A - Atlantic Pinstriping LLC v Atlantic Pinstriping Triad LLC)(LINDSAY, DAVID) |
| Filing 18 DECLARATION of William Haas filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re #17 Declaration, #4 MOTION for Temporary Restraining Order and Expedited Discovery filed by LABORATORY CORPORATION OF AMERICA HOLDINGS. (Attachments: #1 Exhibit A - Atvivo's Homepage, #2 Exhibit B - Atvivo's Common Tests Webpage, #3 Exhibit C - Atvivo's CLIA Certification, #4 Exhibit D - Feb. 24 Bonus Agreement Email)(LINDSAY, DAVID) |
| Filing 17 DECLARATION filed by Defendant SALVATORE PRIFITERA re #16 Response in Opposition to Motion, filed by SALVATORE PRIFITERA. (BUCKLEY, THOMAS) |
| Filing 16 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order and Expedited Discovery filed by LABORATORY CORPORATION OF AMERICA HOLDINGS filed by SALVATORE PRIFITERA. Replies due by 5/15/2021 (Attachments: #1 Case Law)(BUCKLEY, THOMAS) |
| Filing 15 NOTICE of Attorney Appearance by attorney ALLEGRA A. SINCLAIR on behalf of Defendant SALVATORE PRIFITERA (SINCLAIR, ALLEGRA) |
| Filing 14 NOTICE of Attorney Appearance by attorney THOMAS MORE BUCKLEY on behalf of Defendant SALVATORE PRIFITERA (BUCKLEY, THOMAS) |
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TEXT ORDER - A hearing was held on 5/11/2021, and the court neglected to mention that, in addition to cases, Plaintiff may file responsive affidavits or declarations, if appropriate, to a reply at the same time, on or before Saturday, 5/15/2021, at 5:00 p.m. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 05/12/2021.] (Cable, Frances)
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| Filing 13 NOTICE of Special Appearance by attorney DAMON SUDEN on behalf of Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS ( Filing fee $ 25 receipt number 0418-3046201.) (SUDEN, DAMON) |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie) |
| Set/Motion Hearings re: #4 MOTION for Temporary Restraining Order and Expedited Discovery: Motion Hearing set for 5/17/2021 02:00 PM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) |
| Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Telephone Conference held on 5/11/2021 re: #4 Motion for Temporary Restraining Order and Expedited Discovery; #5 Motion for Preliminary Injunction. Attorneys Robert Steiner and David Lindsay attended on behalf of Plaintiff. Attorneys Thomas Buckley, Allegra Sinclair and Bruce Atkins attended on behalf of Defendant. Court set hearing on Plaintiff's Motion for Temporary Restraining Order on 5/17/2021 at 2:00 p.m. in Greensboro, Courtroom 1. Defendant's Responses due: 5/14/2021 by 12:00 noon. Plaintiff's Reply due: 5/15/2021 by 5:00 p.m. Attorney Bruce Atkins is permitted to attend the motion hearing on 5/17/2021 via teleconference. (Court Reporter Joseph Armstrong.) (Welch, Kelly) |
| Filing 12 DECLARATION of Tumminia filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re #4 MOTION for Temporary Restraining Order and Expedited Discovery, #5 MOTION for Preliminary Injunction filed by LABORATORY CORPORATION OF AMERICA HOLDINGS. (LINDSAY, DAVID) |
| Filing 11 NOTICE of Special Appearance by attorney ROBERT I. STEINER on behalf of Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS ( Filing fee $ 25 receipt number 0418-3045265.) (STEINER, ROBERT) |
| Filing 10 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 9 Summons Issued as to SALVATORE PRIFITERA. (Sheets, Jamie) |
| Filing 8 DECLARATION of Willilam Haas filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re #4 MOTION for Temporary Restraining Order and Expedited Discovery, #5 MOTION for Preliminary Injunction filed by LABORATORY CORPORATION OF AMERICA HOLDINGS. (Attachments: #1 Exhibit Exhibit A - Prifitera's Offer Letter, #2 Exhibit Exhibit B - Prifitera's Confidentiality, Non-Solicitation, and Non-Compete Agreement, #3 Exhibit Exhibit C - Labcorp's 2019 Grant of Restricted Stock Unit Agreement, #4 Exhibit Exhibit D - Labcorp's Additional 2019 Grant of Restricted Stock Unit Agreement, #5 Exhibit Exhibit E - Labcorp's 2020 Grant of Restricted Stock Unit Agreement, #6 Exhibit Exhibit F - Prifitera Bonus Agreement)(LINDSAY, DAVID) |
| Filing 7 DECLARATION of Robert Steiner filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re #4 MOTION for Temporary Restraining Order and Expedited Discovery, #5 MOTION for Preliminary Injunction filed by LABORATORY CORPORATION OF AMERICA HOLDINGS. (Attachments: #1 Exhibit EXHIBIT A - Atvivo's webpage)(LINDSAY, DAVID) |
| Filing 6 BRIEF re #4 MOTION for Temporary Restraining Order and Expedited Discovery, #5 MOTION for Preliminary Injunction by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS filed by LABORATORY CORPORATION OF AMERICA HOLDINGS. (Attachments: #1 Exhibit A - ABT, Inc. v. Juszczyk, #2 Exhibit EXHIBIT B - CAMPBELL ALLIANCE GROUP INC V. DANDEKAR, #3 Exhibit EXHIBIT C - CARLSON ENVIRONMENTAL CONSULTANTS, PC v. SLAYTON, #4 Exhibit EXHIBIT D - XPO LOGISTICS, INC. V. NORTHROP, #5 Exhibit EXHIBIT E - ESOTERIX GENETIC LAB V. GOULART ORDER, #6 Exhibit EXHIBIT F - CAMPBELL ALLICANCE GROUP, INC. V. FORREST, #7 Exhibit EXHIBIT G - ESOTERIX GENETIC LAB LLC V. MCKEY ORDER, #8 Exhibit EXHIBIT H - MEINEKE CAR CARE CENTERS, INC. V. CATTON, #9 Exhibit EXHIBIT I - WACHOVIA INS SERVICES, INC. V. MCGUIRT, #10 Exhibit EXHIBIT J - TEAMWORKS INNOVATIONS, INC. v. STARBUCKS CORPORATION)(LINDSAY, DAVID) |
| Filing 5 MOTION for Preliminary Injunction by LABORATORY CORPORATION OF AMERICA HOLDINGS. Response to Motion due by 6/1/2021 (LINDSAY, DAVID) |
| Filing 4 MOTION for Temporary Restraining Order and Expedited Discovery by LABORATORY CORPORATION OF AMERICA HOLDINGS. Response to Motion due by 6/1/2021 (LINDSAY, DAVID) |
| Filing 3 Corporate Disclosure Statement by LABORATORY CORPORATION OF AMERICA HOLDINGS. (LINDSAY, DAVID) |
| Filing 2 NOTICE of Attorney Appearance by attorney DAVID C. LINDSAY on behalf of All Plantiffs LABORATORY CORPORATION OF AMERICA HOLDINGS (LINDSAY, DAVID) |
| Filing 1 COMPLAINT against SALVATORE PRIFITERA ( Filing fee $ 402 receipt number 0418-3045072.), filed by LABORATORY CORPORATION OF AMERICA HOLDINGS.(LINDSAY, DAVID) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie) |
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