LABORATORY CORPORATION OF AMERICA HOLDINGS v. PRIFITERA
Plaintiff: LABORATORY CORPORATION OF AMERICA HOLDINGS
Defendant: SALVATORE PRIFITERA
Case Number: 1:2021cv00366
Filed: May 10, 2021
Court: US District Court for the Middle District of North Carolina
Presiding Judge: WILLIAM L OSTEEN
Referring Judge: JOI ELIZABETH PEAKE
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2021 Filing 27 NOTICE of Settlement in Principle by LABORATORY CORPORATION OF AMERICA HOLDINGS (LINDSAY, DAVID)
July 1, 2021 NOTICE OF CANCELLATION of Preliminary Injunction Hearing set 7/2/2021. (Welch, Kelly)
July 1, 2021 Case Reported Settled: Stipulation of Dismissal due by 8/2/2021. (See #27 Notice of Settlement.) (Welch, Kelly)
June 17, 2021 Opinion or Order 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)
June 17, 2021 Reset Deadlines/Hearings: Preliminary Injunction hearing set for 7/2/2021 09:30 AM in Greensboro Courtroom #1. (See #26 Order) (Garland, Leah)
June 16, 2021 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).
June 16, 2021 Motion Submitted re: #25 MOTION/JOINT NOTICE, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
June 2, 2021 Opinion or Order 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)
June 2, 2021 Set Hearing: Preliminary Injunction Hearing set for 6/18/2021 09:30 AM in Greensboro Courtroom #1. (Garland, Leah)
June 1, 2021 Filing 23 NOTICE by LABORATORY CORPORATION OF AMERICA HOLDINGS Notice of Consent to Hearing Date and Motion to Extend TRO (LINDSAY, DAVID)
May 27, 2021 Filing 22 NOTICE by LABORATORY CORPORATION OF AMERICA HOLDINGS re #21 Temporary Restraining Order,,,,, (Attachments: #1 Exhibit Bond 107414652)(LINDSAY, DAVID)
May 26, 2021 Opinion or Order 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)
May 21, 2021 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)
May 19, 2021 CASE REFERRED re: Joint Proposed Temporary Restraining Order, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
May 17, 2021 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)
May 15, 2021 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)
May 15, 2021 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)
May 14, 2021 Filing 17 DECLARATION filed by Defendant SALVATORE PRIFITERA re #16 Response in Opposition to Motion, filed by SALVATORE PRIFITERA. (BUCKLEY, THOMAS)
May 14, 2021 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)
May 14, 2021 Filing 15 NOTICE of Attorney Appearance by attorney ALLEGRA A. SINCLAIR on behalf of Defendant SALVATORE PRIFITERA (SINCLAIR, ALLEGRA)
May 14, 2021 Filing 14 NOTICE of Attorney Appearance by attorney THOMAS MORE BUCKLEY on behalf of Defendant SALVATORE PRIFITERA (BUCKLEY, THOMAS)
May 12, 2021 Opinion or Order 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)
May 11, 2021 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)
May 11, 2021 Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie)
May 11, 2021 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)
May 11, 2021 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)
May 10, 2021 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)
May 10, 2021 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)
May 10, 2021 Filing 10 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie)
May 10, 2021 Filing 9 Summons Issued as to SALVATORE PRIFITERA. (Sheets, Jamie)
May 10, 2021 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)
May 10, 2021 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)
May 10, 2021 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)
May 10, 2021 Filing 5 MOTION for Preliminary Injunction by LABORATORY CORPORATION OF AMERICA HOLDINGS. Response to Motion due by 6/1/2021 (LINDSAY, DAVID)
May 10, 2021 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)
May 10, 2021 Filing 3 Corporate Disclosure Statement by LABORATORY CORPORATION OF AMERICA HOLDINGS. (LINDSAY, DAVID)
May 10, 2021 Filing 2 NOTICE of Attorney Appearance by attorney DAVID C. LINDSAY on behalf of All Plantiffs LABORATORY CORPORATION OF AMERICA HOLDINGS (LINDSAY, DAVID)
May 10, 2021 Filing 1 COMPLAINT against SALVATORE PRIFITERA ( Filing fee $ 402 receipt number 0418-3045072.), filed by LABORATORY CORPORATION OF AMERICA HOLDINGS.(LINDSAY, DAVID)
May 10, 2021 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)

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.

Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System

Search for this case: LABORATORY CORPORATION OF AMERICA HOLDINGS v. PRIFITERA
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: SALVATORE PRIFITERA
Represented By: THOMAS MORE BUCKLEY
Represented By: ALLEGRA A. SINCLAIR
Represented By: BRUCE L. ATKINS
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: LABORATORY CORPORATION OF AMERICA HOLDINGS
Represented By: ROBERT I. STEINER
Represented By: DAVID C. LINDSAY
Represented By: DAMON SUDEN
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?