VAN DYKE v. WAKE FOREST UNIVERSITY HEALTH SCIENCES et al
| DR. MARK E. VAN DYKE |
| WAKE FOREST UNIVERSITY HEALTH SCIENCES, KERANETICS, INC., VIRTUE LABS, LLC, LUKE BURNETT, KIM WESTMORELAND and CHARLES W. TODD JOHNSON |
| 1:2021cv00627 |
| August 10, 2021 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 29, 2021. A more recent docket listing may be available from PACER.
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Filing 62
NOTICE of Attorney Appearance by attorney SOPHIA V. BLAIR on behalf of Defendant VIRTUE LABS, LLC (BLAIR, SOPHIA)
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Filing 61
NOTICE of Special Appearance by attorney JASMINE G. CHALASHTORI on behalf of Defendants LUKE BURNETT, CHARLES W. TODD JOHNSON, KERANETICS, INC., KIM WESTMORELAND ( Filing fee $ 25 receipt number 0418-3147702.) (CHALASHTORI, JASMINE)
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Filing 60
MEMORANDUM filed by Defendant WAKE FOREST UNIVERSITY HEALTH SCIENCES re #59 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF STANDING filed by WAKE FOREST UNIVERSITY HEALTH SCIENCES. (LONG, JOSHUA)
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Filing 59
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF STANDING by WAKE FOREST UNIVERSITY HEALTH SCIENCES. Response to Motion due by 10/13/2021 (LONG, JOSHUA)
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Filing 58
MEMORANDUM filed by Defendants LUKE BURNETT, CHARLES W. TODD JOHNSON, KIM WESTMORELAND re #57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Second Amended Complaint (Doc. 52) filed by LUKE BURNETT, CHARLES W. TODD JOHNSON, KIM WESTMORELAND. (HINGER, CATHY)
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Filing 57
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Second Amended Complaint (Doc. 52) by LUKE BURNETT, CHARLES W. TODD JOHNSON, KIM WESTMORELAND. Response to Motion due by 10/13/2021 (HINGER, CATHY)
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Filing 56
MEMORANDUM filed by Defendant KERANETICS, INC. re #55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Second Amended Complaint (Doc. 52) filed by KERANETICS, INC.. (HINGER, CATHY)
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Filing 55
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Second Amended Complaint (Doc. 52) by KERANETICS, INC.. Response to Motion due by 10/13/2021 (Attachments: #1 Exhibit A - Patents and Applications Referenced by Plaintiff)(HINGER, CATHY)
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Filing 54
MEMORANDUM filed by Defendant VIRTUE LABS, LLC re #53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiff's Second Amended Complaint filed by VIRTUE LABS, LLC. (STAFFORD, THOMAS)
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Filing 53
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiff's Second Amended Complaint by VIRTUE LABS, LLC. Response to Motion due by 10/13/2021 (STAFFORD, THOMAS)
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Filing 52
Second AMENDED COMPLAINT against defendant All Defendants, filed by MARK E. VAN DYKE. (Attachments: #1 Exhibit 1 - WFU Offer Letter, #2 Exhibit 2 - WFU Handbook, #3 Exhibit 3 - Van Dyke Assignment of Rights, #4 Exhibit 4 - Memo Confirming Share of Revenue, #5 Exhibit 5 - License Agreement, #6 Exhibit 6 - KeraNetics Visiting Scientist Agreement, #7 Exhibit 7 - Consulting Agreement, #8 Exhibit 8 - Manufacturing Project Report, #9 Exhibit 9 - '095 Patent, #10 Exhibit 10 - Patent Application, #11 Exhibit 11 - Keratin Protocols, #12 Exhibit 12 - Laboratory Notes, #13 Exhibit 13 - Laboratory Notes, #14 Exhibit 14 - Boyd's Laboratory Notes, #15 Exhibit 15 - '631 Patent, #16 Exhibit 16 - PTAB Rejection of Patent Application, #17 Exhibit 17 - KeraNetics' Application for FDA Clearance, #18 Exhibit 18 - Declaration of Van Dyke, #19 Exhibit 19 - Virtue Labs Web Page, #20 Exhibit 20 - Raleigh Life Article, #21 Exhibit 21 - Virtue Labs Zoom Page, #22 Exhibit 22 - Triad News Article, #23 Exhibit 23 - Big Idea Conference Agenda, #24 Exhibit 24 - KeraNetics Press Release (2017), #25 Exhibit 25 - KeraNetics Press Release (2018))(SCHOUTEN, JOSEPH)
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Filing 51
NOTICE by LUKE BURNETT, CHARLES W. TODD JOHNSON, KERANETICS, INC., VIRTUE LABS, LLC, WAKE FOREST UNIVERSITY HEALTH SCIENCES, KIM WESTMORELAND re #47 Order on Joint Motion,,,, (Notice of Defendants Consent Pursuant to Fed. R. Civ. P. 15(a)(2)) (HARTZELL, SAMUEL)
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Filing 50
NOTICE of Special Appearance by attorney JAMES R. CREEKMORE on behalf of Plaintiff MARK E. VAN DYKE ( Filing fee $ 25 receipt number 0418-3117343.) (CREEKMORE, JAMES)
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Filing 49
ORDER granting #44 Motion to Withdraw as Counsel. Signed by MAG/JUDGE JOE L. WEBSTER on 08/19/2021.(Taylor, Abby)
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Filing 48
NOTICE of Special Appearance by attorney CATHY A HINGER on behalf of Defendants LUKE BURNETT, CHARLES W. TODD JOHNSON, KERANETICS, INC., KIM WESTMORELAND ( Filing fee $ 25 receipt number 0418-3115341.) (HINGER, CATHY)
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Filing 47
ORDER signed by JUDGE CATHERINE C. EAGLES on 08/18/2021, granting #45 Joint Motion. The plaintiff shall have up to and including August 20, 2021, to share his proposed Second Amended Complaint with the defendants; The defendants shall have up to and including 5 p.m. EDT September 3, 2021 to advise the plaintiff whether they will consent to the filing of the Second Amended Complaint; If the defendants consent to the filing of the Second Amended Complaint, the plaintiff shall have up to three business days from receiving such consent to file the Second Amended Complaint; If the defendants do not consent to the filing of a Second Amended Complaint, the plaintiff shall have up to and including ten calendar days to file a Motion for leave to Amend, regarding his proposed Second Amended Complaint; and All briefing on any of the parties' currently pending motions shall be stayed until following the resolution of the Motion for leave to Amend, unless the need for additional briefing is obviated beforehand by the filing of a Second Amended Complaint with consent. If a motion to amend is filed, that parties should expect a shortened briefing schedule. (Taylor, Abby)
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Motions Submitted: #45 JOINT MOTIONto Stay Further Briefing and for Order Regarding Schedule for Plaintiff to Seek to File Second Amended Complaint to JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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Filing 46
NOTICE by MARK E. VAN DYKE of Filing of Joint Chart Regarding Status of Motions Pursuant to Court's August 12, 2021 Order (SCHOUTEN, JOSEPH)
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Filing 45
JOINT MOTIONto Stay Further Briefing and for Order Regarding Schedule for Plaintiff to Seek to File Second Amended Complaint by MARK E. VAN DYKE. (Attachments: #1 Text of Proposed Order)(SCHOUTEN, JOSEPH)
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Motions Referred: RE: #44 MOTION to Withdraw As Counsel of Record, to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin)
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Filing 44
MOTION to Withdraw As Counsel of Record by VIRTUE LABS, LLC. (Attachments: #1 Text of Proposed Order)(STAFFORD, THOMAS)
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Filing 43
NOTICE of Attorney Appearance by attorney SAMUEL B. HARTZELL on behalf of Defendants LUKE BURNETT, CHARLES W. TODD JOHNSON, KERANETICS, INC., KIM WESTMORELAND (HARTZELL, SAMUEL)
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Filing 42
NOTICE of Attorney Appearance by attorney JAMES SHELTON DERRICK on behalf of Defendants LUKE BURNETT, CHARLES W. TODD JOHNSON, KERANETICS, INC., KIM WESTMORELAND (DERRICK, JAMES)
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Filing 41
STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES.(Winchester, Robin)
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Motions Submitted: #19 Joint MOTION to Dismiss for Lack of Jurisdiction And Failure to State A Claim, #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Standing and Alternative Motion to Transfer Venue to MDNC, #17 MOTION to Dismiss for Lack of Personal Jurisdiction; or in the Alternative, Motion to Transfer Venue; or in the Second Alternative, Motion to Dismiss for Failure to State a Claim to JUDGE CATHERINE C. EAGLES- (Winchester, Robin)
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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 8/12/221. It appears to the Court that almost all of the issues raised in the multiple motions to dismiss have been resolved, either because they are moot or because they have been decided by the Western District of Virginia. To assist the Court in making efficient use of its time, the parties are directed to immediately confer and no later than August 17, 2021, to jointly file a chart that identifies by MDNC docket number the motions that are moot in whole or in part and the motions have been resolved in whole or in part by the Western District of Virginia. For any issues that remain to be resolved, the chart must identify each such issue and for each issue must include the MDNC docket number of the motion and relevant briefs and the MDNC ECF page numbers of the briefs where the issue is discussed. To the extent any matters are still at issue and have not been fully briefed, the parties shall comply with the schedule established by the Western District of Virginia in the order shown at Doc. 34 of the MDNC docket. Any party who does not yet have counsel admitted in this district, as required by the Local Rules, is authorized to comply with this Order through out-of-state counsel who appeared when the case was pending in WDNC. North Carolina counsel for other parties shall immediately provide a copy of this order to any out of state counsel.(Winchester, Robin)
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Filing 40
NOTICE of Attorney Appearance by attorney CHRISTOPHER S. EDWARDS on behalf of Plaintiff MARK E. VAN DYKE (EDWARDS, CHRISTOPHER)
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Filing 39
NOTICE of Attorney Appearance by attorney JOSEPH A. SCHOUTEN on behalf of Plaintiff MARK E. VAN DYKE (SCHOUTEN, JOSEPH)
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Filing 38
ECF 30 Day Notice for James Robert Creekmore. ECF 30 Day Notice due by 9/10/2021. (Attachments: #1 Notice for Cathy A. Hinger, #2 Notice for Lela Marie Ames, #3 Notice for Cullen Stafford, #4 Notice for Robert A. Ziogas) (Sheets, Jamie)
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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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Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)
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Filing 37
Case transferred in from District of Virginia Western; Case Number 7:21-cv-00290. Original file certified copy of transfer order and docket sheet received.
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Filing 36
Order transferring case to Middle District of North Carolina; the Individual Defendants and Virtue Labs Motions to Dismiss for Lack of Personal Jurisdiction are DENIED, without prejudice, as MOOT as these parties do not contest jurisdiction in the Middle District of North Carolina. Signed by Judge Elizabeth K. Dillon on 8/10/2021. (ams) [Transferred from Virginia Western on 8/10/2021.]
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Filing 35
Paper State Court Records received from Montgomery County Circuit Court, CL20000973-00, consisting of 1 large envelope, (Paper records available for viewing in the Clerk's Office.) (Attachments: #1 Cover Letter)(ams) [Transferred from Virginia Western on 8/10/2021.]
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Filing 34
CONSENT ORDER STAYING DEADLINES. Signed by Judge Elizabeth K. Dillon on 6/23/2021. (ams) [Transferred from Virginia Western on 8/10/2021.]
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Filing 33
Negative Corporate Disclosure Statement by Virtue Labs, LLC (Stafford, Cullen) [Transferred from Virginia Western on 8/10/2021.]
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Filing 32
Brief / Memorandum in Support re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Standing and Alternative Motion to Transfer Venue to MDNC . filed by Wake Forest University Health Sciences. (Attachments: #1 Exhibit A (Release of WFUHS))(Long, Joshua) [Transferred from Virginia Western on 8/10/2021.]
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Filing 31
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Standing and Alternative Motion to Transfer Venue to MDNC by Wake Forest University Health Sciences. (Long, Joshua) [Transferred from Virginia Western on 8/10/2021.]
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Filing 30
Positive Corporate Disclosure Statement by Wake Forest University Health Sciences identifying Corporate Parent Wake Forest University for Wake Forest University Health Sciences. (Long, Joshua) [Transferred from Virginia Western on 8/10/2021.]
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Filing 29
Clerks Entry of Dismissal without prejudice Pursuant to FRCP 41(a)(1)(A)(i) as to counts IV (Misappropriation of Trade Secrets under Virginia Code 59.1-335 et seq.) and VII (Business Conspiracy under Virginia Code 18.2-499 et seq.)(ams)[Transferred from Virginia Western on 8/10/2021.]
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Filing 28
RESPONSE to Motion re #17 MOTION to Dismiss for Lack of Personal Jurisdiction; or in the Alternative, Motion to Transfer Venue; or in the Second Alternative, Motion to Dismiss for Failure to State a Claim, #19 Joint MOTION to Dismiss for Lack of Jurisdiction And Failure to State A Claim, #21 MOTION to Change Venue . filed by Mark E. Van Dyke. (Creekmore, James) [Transferred from Virginia Western on 8/10/2021.]
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Filing 27
Brief / Memorandum in Opposition re #17 MOTION to Dismiss for Lack of Personal Jurisdiction; or in the Alternative, Motion to Transfer Venue; or in the Second Alternative, Motion to Dismiss for Failure to State a Claim, #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #19 Joint MOTION to Dismiss for Lack of Jurisdiction And Failure to State A Claim . filed by Mark E. Van Dyke. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Creekmore, James) [Transferred from Virginia Western on 8/10/2021.]
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Filing 26
NOTICE of Voluntary Dismissal by Mark E. Van Dyke (Creekmore, James) [Transferred from Virginia Western on 8/10/2021.]
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Filing 25
NOTICE by Luke Burnett, Charles W. Todd Johnson, Kim Westmoreland re #1 of Consent to Removal (Hinger, Cathy) [Transferred from Virginia Western on 8/10/2021.]
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Filing 24
Brief / Memorandum in Support re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Keranetics, Inc.. (Hinger, Cathy) [Transferred from Virginia Western on 8/10/2021.]
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Filing 23
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Keranetics, Inc.. (Attachments: #1 Text of Proposed Order)(Hinger, Cathy) [Transferred from Virginia Western on 8/10/2021.]
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Filing 22
Brief / Memorandum in Support re #21 MOTION to Change Venue . filed by Keranetics, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Dr. Luke Burnett, #2 Exhibit 1-A - WFUHS SRA)(Hinger, Cathy) [Transferred from Virginia Western on 8/10/2021.]
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Filing 21
MOTION to Change Venue by Keranetics, Inc.. (Attachments: #1 Text of Proposed Order)(Hinger, Cathy) [Transferred from Virginia Western on 8/10/2021.]
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Filing 20
Brief / Memorandum in Support re #19 Joint MOTION to Dismiss for Lack of Jurisdiction And Failure to State A Claim . filed by Luke Burnett, Charles W. Todd Johnson, Kim Westmoreland. (Attachments: #1 Exhibit 1 - Declaration of Kim D. Westmoreland, #2 Exhibit 1-A - Prior Amended Complaint, #3 Exhibit 1-B - Prior Settlement Agreement, #4 Exhibit 1-C - Prior Litigation Demand Letters, #5 Exhibit 1-D - Consulting Agreement, #6 Exhibit 2 - Declaration of Charles W. Johnson, #7 Exhibit 3 - Declaration of Dr. Luke Burnett, #8 Exhibit 3-A - WHUHS Research Agreement)(Hinger, Cathy) [Transferred from Virginia Western on 8/10/2021.]
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Filing 19
Joint MOTION to Dismiss for Lack of Jurisdiction And Failure to State A Claim by Luke Burnett, Charles W. Todd Johnson, Kim Westmoreland. (Attachments: #1 Text of Proposed Order)(Hinger, Cathy) [Transferred from Virginia Western on 8/10/2021.]
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Filing 18
Brief / Memorandum in Support re #17 MOTION to Dismiss for Lack of Personal Jurisdiction; or in the Alternative, Motion to Transfer Venue; or in the Second Alternative, Motion to Dismiss for Failure to State a Claim . filed by Virtue Labs, LLC. (Attachments: #1 Exhibit A)(Ziogas, Robert) [Transferred from Virginia Western on 8/10/2021.]
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Filing 17
MOTION to Dismiss for Lack of Personal Jurisdiction; or in the Alternative, Motion to Transfer Venue; or in the Second Alternative, Motion to Dismiss for Failure to State a Claim by Virtue Labs, LLC. (Ziogas, Robert) [Transferred from Virginia Western on 8/10/2021.]
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Filing 16
ORDER granting #14 Motion for Extension of Time to Answer, or Otherwise Respond to Complaint, by Wake Forest University Health Sciences answer due 6/18/2021. Signed by Judge Elizabeth K. Dillon on 06/02/2021. (ams) [Transferred from Virginia Western on 8/10/2021.]
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Filing 15
RESPONSE in Opposition re #14 MOTION for Extension of Time to File Answer re #1 Notice of Removal, or Otherwise Repond to Complaint . filed by Mark E. Van Dyke. (Attachments: #1 Exhibit Invoice for Service of Process)(Creekmore, James) [Transferred from Virginia Western on 8/10/2021.]
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Filing 14
MOTION for Extension of Time to File Answer re #1 Notice of Removal, or Otherwise Repond to Complaint by Wake Forest University Health Sciences. (Attachments: #1 Text of Proposed Order Exhibit A)(Long, Joshua) [Transferred from Virginia Western on 8/10/2021.]
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Filing 13
NOTICE by Wake Forest University Health Sciences re #1 of Consent to Removal (Long, Joshua) [Transferred from Virginia Western on 8/10/2021.]
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Filing 12
NOTICE of Appearance by Joshua F.P. Long on behalf of Wake Forest University Health Sciences (Long, Joshua) [Transferred from Virginia Western on 8/10/2021.]
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Filing 11
NOTICE of Appearance by Charles George on behalf of Virtue Labs, LLC (George, Charles) [Transferred from Virginia Western on 8/10/2021.]
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Filing 10
NOTICE of Appearance by Cullen Stafford on behalf of Virtue Labs, LLC (Stafford, Cullen) [Transferred from Virginia Western on 8/10/2021.]
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Filing 9
ORDER granting #5 MOTION for T. Cullen Stafford to Appear Pro Hac Vice. Signed by Judge Elizabeth K. Dillon on 05/26/2021. (ams) [Transferred from Virginia Western on 8/10/2021.]
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Filing 8
ORDER granting #4 MOTION for Charles George to Appear Pro Hac Vice. Signed by Judge Elizabeth K. Dillon on 05/26/2021. (ams) [Transferred from Virginia Western on 8/10/2021.]
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Filing 7
Order Requesting Transmittal of Case File from Circuit Court for Montgomery County. Signed by Judge Elizabeth K. Dillon on 05/26/2021. (ams) [Transferred from Virginia Western on 8/10/2021.]
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Filing 6
NOTICE by Virtue Labs, LLC of Consent to Removal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ziogas, Robert) [Transferred from Virginia Western on 8/10/2021.]
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Filing 5
MOTION for T. Cullen Stafford to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3707179. by Virtue Labs, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Ziogas, Robert) [Transferred from Virginia Western on 8/10/2021.]
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Filing 4
MOTION for Charles George to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3707167. by Virtue Labs, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Ziogas, Robert) [Transferred from Virginia Western on 8/10/2021.]
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Filing 3
Positive Corporate Disclosure Statement by Keranetics, Inc. identifying Corporate Parent KeraNetics Holdings, LLC for Keranetics, Inc.. (Hinger, Cathy) [Transferred from Virginia Western on 8/10/2021.]
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Filing 2
NOTICE of Appearance by Cathy A Hinger on behalf of Keranetics, Inc. (Hinger, Cathy) [Transferred from Virginia Western on 8/10/2021.]
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Filing 1
NOTICE OF REMOVAL from Montgomery County Circuit Court, case number CL20000973-00. (Filing & Administrative fee $ 402, AVAWDC-3698107), filed by Keranetics, Inc.. (Attachments: #1 Exhibit A- State Court Complaint, #2 Exhibit B-State Court Order, #3 Exhibit C-State Court Amended Complaint, #4 Civil Cover Sheet)(aab) [Transferred from Virginia Western on 8/10/2021.]
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