In Re: BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation
Counter Defendant: Invitae Corporation, Myriad Genetics, Quest Diagnostics, Endorecherche, Trustees of the University of Pennsylvania, Quest Diagnostics Nichols Institute, Counsyl, Inc, HSC Research and Development Limited Partnership and University of Utah Research Foundation
Counter Claimant: Pathway Genomics and Ambry Genetics
Undetermined: Labroratory Corporation of America Holdings, AARP, GeneDX, Gene by Gene, American Civil Liberties Union Foundation of Utah, MDL Panel, Association for Molecular Pathology, Public Patent Foundation, American Civil Liberties Union and Breast Cancer Action
In Re: BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation
Case Number: 2:2014md02510
Filed: February 25, 2014
Court: US District Court for the District of Utah
Office: Central Office
County: Salt Lake
Presiding Judge: Robert J Shelby
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 0271
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on March 9, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 9, 2015 Opinion or Order Filing 265 MDL ORDER Closing MDL. Signed by Judge Robert J. Shelby on 3/9/2015. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS, 2:14-cv-00443-RJS(jwt)
March 9, 2015 MDL Civil Case Terminated #265 MDL Order. (jwt)
February 25, 2015 Filing 264 MANDATE of USCA Federal Circuit as to #9 Notice of Appeal filed by Myriad Genetics. According to the USCA the decision of the USDC for the Dist of UT is AFFIRMED AND REMANDED. Judgment included with mandate: Yes. (Attachments: #1 Mandate Cover Letter)(jwt)
February 13, 2015 Opinion or Order Filing 263 ORDER in case 2:13-cv-00954-RJS; granting (262) Stipulated Motion to Dismiss between Plaintiffs and Defendant GeneDx, Inc. (re: Case No. 2:13-cv-00954) in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 2/13/2015. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00954-RJS(jwt)
February 13, 2015 Filing 262 STIPULATION of Dismissal between Plaintiffs and Defendant GeneDx, Inc. (re: Case No. 2:13-cv-00954) by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Mangum, David) Modified on 2/13/2015 - Modified event type to Motion to Dismiss (jwt).
February 6, 2015 Opinion or Order Filing 261 ORDER granting (259) Motion to Dismiss between plaintiffs Quest Diagnostics Inc. et al and University of Utah Research Foundation et al Case No. 2:14-cv-00152-RJS in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 2/6/2015. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00152-RJS(jwt)
February 6, 2015 Opinion or Order Filing 260 ORDER in case 2:13-cv-00967-RJS; granting (258) Motion to Dismiss between Plaintiffs and defendants Quest Diagnostics, Inc. and Quest Diagnostics Nichols Institute Case No. 2:13-cv-00967-RJS in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 2/6/2015. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt)
February 6, 2015 Filing 259 STIPULATION of Dismissal between plaintiffs Quest Diagnostics Inc. et al and University of Utah Research Foundation et al Case No. 2:14-cv-00152-RJS by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Mangum, David) Modified on 2/6/2015 changed event to type to Motion to Dismiss (jwt).
February 6, 2015 Filing 258 STIPULATION of Dismissal between Plaintiffs and defendants Quest Diagnostics, Inc. and Quest Diagnostics Nichols Institute Case No. 2:13-cv-00967-RJS by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Mangum, David) Modified on 2/6/2015 event type to Motion to Dismiss (jwt).
January 30, 2015 Opinion or Order Filing 257 ORDER granting (255) Stipulated Motion to Dismiss between Plaintiff Counsyl and defendants in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 1/30/2015. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt)
January 30, 2015 Opinion or Order Filing 256 ORDER in case 2:13-cv-00640-RJS; granting (254) Stipulated Motion to Dismiss between Plaintiffs and defendant Ambry, Inc. in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 1/30/2015. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt)
January 30, 2015 Filing 255 STIPULATION of Dismissal between Plaintiff Counsyl and defendants by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Mangum, David) Modified on 1/30/2015 changed event type to Motion to Dismiss(jwt).
January 30, 2015 Filing 254 STIPULATION of Dismissal between Plaintiffs and defendant Ambry, Inc. by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Mangum, David) Modified on 1/30/2015 - changed event type to Motion to Dismiss(jwt).
January 26, 2015 Opinion or Order Filing 253 ORDER granting (250) Motion to Dismiss in case 2:14-md-02510-RJS. IT IS HEREBY ORDERED that all claims in the action styled University of Utah Research Foundation, et al. v. Pathway Genomics Corporation, Case No. 2:14-cv-442-RJS are dismissed without prejudice. Each party will bear its own attorney fees and costs. Signed by Judge Robert J. Shelby on 1/23/2015. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-RJS(jwt)
January 26, 2015 Opinion or Order Filing 252 ORDER granting (249) Motion to Dismiss in case 2:14-md-02510-RJS. IT IS HEREBY ORDERED that all claims and counterclaims in the action styled Invitae Corporation v. The University of Utah Research Foundation, et al., Case No. 2:14-cv-00153-RJS (D. Utah); Related Case No. 3:13-cv-05495-JST (N.D. Cal.), are dismissed with prejudice. Each party will bear its own attorney fees and costs. Signed by Judge Robert J. Shelby on 1/23/2015. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00153-RJS(jwt)
January 26, 2015 Opinion or Order Filing 251 ORDER in case 2:13-cv-01069-RJS; granting (248) Motion to Dismiss in case 2:14-md-02510-RJS. IT IS HEREBY ORDERED that all claims in the action styled University of Utah Research Foundation, et al. v. Laboratory Corporation of America Holdings, Case No. 2:13-cv-01069-RJS are dismissed with prejudice. Each party will bear its own attorney fees and costs. Signed by Judge Robert J. Shelby on 1/23/2015. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-01069-RJS(jwt)
January 23, 2015 Filing 250 STIPULATION of Dismissal between Plaintiffs and defendant Pathway Genomics Corporation by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Mangum, David) Modified on 1/26/2015 - Event type changed to Motion to Dismiss(jwt).
January 23, 2015 Filing 249 STIPULATION of Dismissal between Defendants and Plaintiff Invitae Corporation by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Mangum, David) Modified on 1/26/2015- Event type changed to Motion to Dismiss (jwt).
January 23, 2015 Filing 248 STIPULATION of Dismissal between Plaintiffs and Defendant Labcorp Corporation of America Holdings by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Mangum, David) Modified on 1/26/2015 - event type changed to Motion to Dismiss(jwt).
December 30, 2014 Opinion or Order Filing 247 ADDENDUM TO PROTECTIVE ORDER:HIPAA QUALIFIED PROTECTIVE ORDER. Signed by Judge Robert J. Shelby on 12/30/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt)
December 23, 2014 Opinion or Order Filing 246 PRETRIAL ORDER No. 3 - Vacating Deadlines Under the Case Management Order and Setting a Briefing Schedule. Signed by Judge Robert J. Shelby on 12/23/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS, 2:14-cv-00443-RJS(jwt)
December 22, 2014 Filing 245 Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 12/22/2014. Discussion heard regarding the Joint Status Hearing Statement that was filed by the parties. In light of the filing, the Court will vacate all current deadlines and stay all fact discovery. Defendants will file a joint opening brief with a 40 page limit on argument by 3/2/2015. Opposition due by 4/1/2015. Any reply shall be due by 5/4/2015. Discussion heard regarding the Federal Circuit Order. Counsel will have discussions and figure out what order this Court should issue in light of the Circuit's order. Attorney for Plaintiff: David Mangum, Kristine Johnson, Michael McCarthy, Attorney for Defendant: Rob Clark, Colin Kemp, Richard Blaylock, Kirke Hasson, William Gaede, Joe Walkowski, John Low, Nathan Thomas, Leslie Grab, Matias Ferrario, Jess Krannich, Nicholas Groombridge, Mark Bettylion, Paul Tripodi, Lesli Gallagher, Nirav Desai, Jeremiah Frueauf, Emmett McMahon, Larry Laycock. Court Reporter: Ray Fenlon.Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS, 2:14-cv-00443-RJS(rlr)
December 22, 2014 Filing 244 STATUS REPORT Joint Hearing Statement by Invitae Corporation. (Clark, Robert)
December 19, 2014 Filing 243 NOTICE OF HEARING: (Notice generated by jwt) Status Conference set for 12/22/2014 at 03:00 PM in Rm 7.300 before Judge Robert J. Shelby. (jwt)
December 19, 2014 Opinion or Order Filing 242 DOCKET TEXT ORDER in case 2:13-cv-00640-RJS; granting (241) Motion for Hearing in case 2:14-md-02510-RJS. The court grants the motion for a Status Hearing. The hearing will be set for 3:00 PM on Monday 12/22/2014 before Judge Robert J. Shelby in courtroom 7.300. Counsel are to appear either in person or telephonically. Due to the court's limited courtroom phone capabilities, counsel for Invitae is to coordinate and facilitate all counsel wishing to appear by phone. Counsel for Invitae should contact Judge Shelby's chambers for the contact number for dialing into the courtroom. Signed by Judge Robert J. Shelby on 12/19/2014. No attached document. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS, 2:14-cv-00443-RJS(jwt)
December 18, 2014 Filing 241 Oral MOTION for Hearing re Status Conference filed by MDL Notice Invitae Corporation. (Attachments: #1 Exhibit)(Clark, Robert)
December 17, 2014 Filing 240 ANSWER to #232 Counterclaim to Counsyl's Second Amended Complaint filed by Counsyl, Inc.(Krannich, Jess)
December 15, 2014 Filing 239 Joint MOTION for Protective Order [Joint Motion for HIPAA Qualified Protective Order] filed by Counter Claimant Ambry Genetics, MDL Notice Ambry Genetics. (Attachments: #1 Text of Proposed Order HIPAA Qualified Protective Order)(Gaede, William)
December 11, 2014 Filing 238 STATUS REPORT No. 5 by BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation. (Johnson, Kristine)
December 11, 2014 Filing 237 Minute Order. Telephone Conference held before Magistrate Judge Dustin B. Pead on 12/11/2014 re #210 in 2:14-md-02510-RJS, MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by Defendants. The Court heard oral argument from the parties and ruled from the bench. For the reasons stated on the record, the Court GRANTS #210 as to the Motion to Expedite. and GRANTS in part and DENIES in part #210 Motion to Compel. The Court grants the motion as to all topics except topics 8, 9, and 10. Additionally, topic 12 is modified to apply only to Myriad's knowledge of the information described in topic 12. Written Order to follow oral order: No. Attorney for Plaintiff: Michael R. McCarthy and Geoff D. Bigler, Attorney for Defendant Emmett J. McMahon. Court Reporter: Electronic. (Time Start: 9:02:46, Time End: 9:40:38, Room 7.100) Associated Cases: 2:14-md-02510-RJS et al. (tls)
December 8, 2014 Opinion or Order Filing 236 ORDER granting (216) Motion for Admission Pro Hac Vice of Daniel R. Foster for Ambry Genetics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. in case 2:13-cv-00640-RJS Signed by Judge Robert J. Shelby on 12/8/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt)
December 5, 2014 Opinion or Order Filing 235 ORDER Setting Telephonic Hearing on Motion #210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 : Motion Hearing set for 12/11/2014 09:00 AM in Rm 7.100 before Magistrate Judge Dustin B. Pead. The parties are instructed to appear via telephone. If counsel for any party prefers to appear personally they may make a written request to do so no later than Monday, December 8, 2014. Instructions for the telephonic conference will be emailed to counsel in advance of the hearing. Signed by Magistrate Judge Dustin B. Pead on 12/5/2014. (jag)
December 2, 2014 Filing 234 REDACTION to #228 Memorandum in Support of Motion,, Supplemental Memorandum in Support of Motion to Compel Plaintiffs to Designate and Provide Witnesses on Defendants' 30(b)(6) Topic Nos. 8-23, 26-33, and 38-53 by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Braithwaite, Jared)
November 26, 2014 Filing 233 REPLY to Response to Motion re #210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by MDL NOtice Quest Diagnostics, Quest Diagnostics Nichols Institute. (Tietz, Kristine)
November 26, 2014 Filing 232 ANSWER to #223 Amended Complaint,,,,, with Jury Demand , COUNTERCLAIM against Counsyl, Inc filed by University of Utah Research Foundation, Endorecherche, Myriad Genetics, Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership.(Johnson, Kristine)
November 24, 2014 Filing 231 Supplemental MEMORANDUM in Opposition re #210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by MDL Notice Myriad Genetics. (Mrazik, Richard)
November 19, 2014 Opinion or Order Filing 230 STIPULATED PROTECTIVE ORDER - granting #227 Stipulated Motion for Protective Order. Signed by Judge Robert J. Shelby on 11/19/2014. (jwt)
November 19, 2014 Opinion or Order Filing 229 ORDER denying #209 Motion to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98. Signed by Magistrate Judge Dustin B. Pead on 11/13/2014. (jwt)
November 18, 2014 Filing 228 SEALED SUPPLEMENTAL MEMORANDUM in Support re #210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by MDL NOtice Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: #1 Exhibit A - (Previously filed with Dkt. No. 210), #2 Exhibit B - (Previously filed with Dkt. No. 210), #3 Exhibit C - Shattuck Deposition, Vol. I, #4 Exhibit D - Shattuck Deposition Vol. II)(jwt) Modified on 11/19/2014 by sealing document (las).
November 18, 2014 Filing 227 STIPULATION Final Stipulated Protective Order by BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation. (Attachments: #1 Exhibit A - Disclosure Agreement, #2 Exhibit B - ESI Agreement, #3 Exhibit 1 - Plaintiffs' Disclosures of Custodians, #4 Exhibit 2 - Defendants' Disclosure of Custodians, #5 Exhibit 3 - List of Prelim Search, #6 Exhibit 4 - Defendants' Search Terms)(Mangum, David) Modified on 11/19/2014 event type changed to Motion for Protective Order per chambers(jwt).
November 18, 2014 Filing 226 DECLARATION of Emmett McMahon Regarding Filing Under Seal re #225 Notice of Conventional Filing, filed by Quest Diagnostics, Quest Diagnostics Nichols Institute. (Braithwaite, Jared)
November 18, 2014 Filing 225 NOTICE OF CONVENTIONAL FILING of Defendants' Supplemental Memorandum in Support of Motion to Compel Plaintiffs to Designate and Provide Witnesses on Defendants' 30(b)(6) Topic Nos. 8-23, 26-33, and 38-53 and accompanying Exhibits C and D filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute (Braithwaite, Jared)
November 12, 2014 Opinion or Order Filing 224 DOCKET TEXT ORDER deferring ruling on #210 Motion to Compel and requesting additional briefing from the parties. The parties are hereby instructed to submit briefing consistent with Judge Shelby's short form discovery order 56 . The additional briefing shall be submitted according to the following schedule: Defendants' motion and supporting memorandum due by close of business on November 18, 2014; Plaintiff Myriad's opposition due by close of business on November 24, 2014; defendants' reply memorandum, if any, due by close of business on November 26, 2014. Signed by Magistrate Judge Dustin B. Pead on 11/12/2014. No attached document. (jag)
November 10, 2014 Filing 223 AMENDED COMPLAINT (Second) for Declatory Judgment against Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, 2:14cv443), Trustees of the University of Pennsylvania(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), University of Utah Research Foundation(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), University of Utah Research Foundation(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069)., filed by Counsyl, Inc. (Krannich, Jess)
November 4, 2014 Opinion or Order Filing 222 ORDER granting #221 Motion for Extension of Time. Signed by Judge Robert J. Shelby on 11/4/2014. (chambers)
November 3, 2014 Filing 221 MOTION for Extension of Time Respond to Amended Complaint and Memorandum in Support filed by Counter Claimants Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Johnson, Kristine)
October 30, 2014 Filing 220 MEMORANDUM in Opposition re #210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by MDL Notice Myriad Genetics. (Attachments: #1 Exhibit K. Johnson Oct. 21, 2014 email)(Mrazik, Richard)
October 30, 2014 Filing 219 MEMORANDUM in Opposition re #209 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98 filed by MDL Notice Myriad Genetics. (Mrazik, Richard)
October 29, 2014 Opinion or Order Filing 218 ORDER granting #217 Motion for Extension of Time. Signed by Judge Robert J. Shelby on 10/29/2014. (chambers)
October 29, 2014 Filing 217 Stipulated MOTION for Extension of Time for all parties to serve their respective LPR 3.1 filed by In Re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation. (Attachments: #1 Text of Proposed Order)(Mangum, David)
October 29, 2014 Filing 215 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 10/10/2014 before Magistrate Judge Dustin B. Pead. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2014. Redacted Transcript Deadline set for 12/1/2014. Release of Transcript Restriction set for 1/27/2015. (jwt) Modified on 1/27/2015 by removing restricted text (las).
October 27, 2014 Filing 214 STATUS REPORT No. 4 by BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation. (Johnson, Kristine)
October 27, 2014 Opinion or Order Filing 213 DOCKET TEXT ORDER. Consistent with the short form discovery process, the court expedites briefing on docket numbers #209 and #210 as follows: any opposition thereto is due by close of business on 10/30/2014. After such time, the court will further determine how to proceed either by requesting additional briefing or scheduling a telephonic hearing. Signed by Magistrate Judge Dustin B. Pead on 10/27/2014 (docket text order, no document attached).(amn)
October 24, 2014 Filing 212 ERRATA to #209 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98 filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute . (Attachments: #1 Exhibit A-Short Form Motion to Compel w/ Exhibits)(Braithwaite, Jared)
October 24, 2014 Filing 211 MOTIONS REFERRED - #209 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98 , #210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 Motions referred to Dustin B. Pead.(chambers)
October 23, 2014 Filing 210 MOTION to Expedite , MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: #1 Exhibit A-Notice of Deposition, #2 Exhibit B-Objections to Notice, #3 Text of Proposed Order)(Braithwaite, Jared)
October 23, 2014 Filing 209 MOTION to Expedite , MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98 filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: #1 Exhibit A-Notice of Deposition, #2 Exhibit B-Deposition Transcript, #3 Exhibit C-Objections to Notice, #4 Text of Proposed Order)(Braithwaite, Jared)
October 20, 2014 Filing 208 Invitae Corporation's ANSWER to #185 Counterclaim filed by Myriad Genetics, Inc. et al. filed by Invitae Corporation.(Cornish, Rita)
October 20, 2014 Opinion or Order Filing 207 ORDER in case 2:13-cv-00640-RJS; granting (205) Motion for Issuance of Letters Rogatory in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 10/20/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00967-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS(jwt)
October 20, 2014 Opinion or Order Filing 206 ORDER granting (58) Motion for Admission Pro Hac Vice of Tara S.G. Sharp for Quest Diagnostics, Quest Diagnostics Nichols Institute in case 2:13-cv-00967-RJS. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Robert J. Shelby on 10/17/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt)
October 17, 2014 Filing 205 MOTION for Issuance of Letters Rogatory (Unopposed) filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: #1 Exhibit A-Letter Request, #2 Exhibit B-Declaration of Emmett J. McMahon, #3 Text of Proposed Order)(Braithwaite, Jared)
October 16, 2014 Filing 203 AMENDED COMPLAINT for Declatory Judgment against Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, 2:14cv443), Trustees of the University of Pennsylvania(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), University of Utah Research Foundation(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), University of Utah Research Foundation(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069) with Jury Demand., filed by Counsyl, Inc. (Krannich, Jess)
October 15, 2014 Opinion or Order Filing 202 ORDER granting (201) Motion for Admission Pro Hac Vice of Tadahiro Kaburaki for Counsyl, Inc. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 10/15/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt)
October 15, 2014 Filing 201 MOTION for Admission Pro Hac Vice of Tadahiro Kaburaki , Registration fee $ 15, receipt number 1088-2142139, filed by MDL Notice Counsyl, Inc, Counter Defendant Counsyl, Inc. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Krannich, Jess)
October 10, 2014 Filing 204 Minute Order. Proceedings held before Magistrate Judge Dustin B. Pead: Motion Hearing held on 10/10/2014 re (162, 163 and 171 in 2:14-md-02510-RJS) MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support , MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support filed by Ambry Genetics, Invitae Corporation, MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support filed by Ambry Genetics in case 2:14-md-02510-RJS. The Court heard oral argument from all parties and ruled from the bench. For the reasons stated on the record, the Court GRANTS #162 , #163 , and #171 . Plaintiffs' further responses to Interrogatory Nos. 2 and 8 are due by October 31, 2014. Written Order to follow oral order: No. Attorney for Plaintiff: Christine Johson and Kevin Spears, Attorney for Defendant Edgar Cataxinos. Court Reporter: Electronic. (Time Start: 1:00:36, Time End: 1:59:42, Room 7.100). Associated Cases: 2:14-md-02510-RJS et al. (tls)
October 10, 2014 Opinion or Order Filing 200 ORDER granting #199 Motion to Vacate the Deadline to Answer Myriad's Counterclaims. Counsyl shall answer Myriads Counterclaims in due course after Counsyl files and serves its amended complaint on or before October 17, 2014. Signed by Judge Robert J. Shelby on 10/10/2014. (las)
October 9, 2014 Filing 199 MOTION to Vacate the Deadline to Answer Myriad's Counterclaims (Unopposed) filed by MDL Notice Counsyl, Inc, Counter Defendant Counsyl, Inc. (Attachments: #1 Text of Proposed Order)(Krannich, Jess)
October 9, 2014 Opinion or Order Filing 198 ORDER granting (55) Motion for Admission Pro Hac Vice of Jamie Kurtz for Quest Diagnostics,Jamie Kurtz for Quest Diagnostics Nichols Institute. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:13-cv-00967-RJS. Signed by Judge Robert J. Shelby on 10/9/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt)
October 9, 2014 Opinion or Order Filing 197 ORDER granting (54) Motion for Admission Pro Hac Vice of Kristine A. Tietz for Quest Diagnostics,Kristine A. Tietz for Quest Diagnostics Nichols Institute. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:13-cv-00967-RJS. Signed by Judge Robert J. Shelby on 10/9/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt)
October 8, 2014 Opinion or Order Filing 196 ORDER in case 2:13-cv-00640-RJS; granting (194) Motion for Admission Pro Hac Vice of Brook B. Bond for University of Utah Research Foundation, The Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership, Endorecherche, and Myriad Genetics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 10/8/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS(jwt)
October 7, 2014 Filing 195 NOTICE of Appearance by Richard E. Mrazik on behalf of All Plaintiffs (Mrazik, Richard)
October 7, 2014 Filing 194 MOTION for Admission Pro Hac Vice of Brook B. Bond , Registration fee $ 15, receipt number 1088-2137871, filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Exhibit A - Application for Admission, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order)(Mangum, David)
October 7, 2014 Filing 193 RESPONSE re #189 Answer to Amended Complaint, Counterclaim,,, filed by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Mangum, David)
October 3, 2014 Opinion or Order Filing 192 Addendum to PROTECTIVE ORDER. Signed by Judge Robert J. Shelby on 10/2/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-RJS(jwt)
October 3, 2014 Filing 191 NOTICE OF HEARING ON MOTION re: #163 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support , #171 MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support , #162 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support : (Notice generated by Chambers) Motion Hearing set for 10/10/2014 01:00 PM in Rm 7.100 before Magistrate Judge Dustin B. Pead. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (sku)
October 2, 2014 Opinion or Order Filing 190 ORDER granting #186 Motion for Admission Pro Hac Vice of Adam R. Brausa for Counsyl, Inc. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Robert J. Shelby on 9/30/2014. (jwt)
October 1, 2014 Filing 189 ANSWER to #168 Amended Complaint, with Jury Demand , COUNTERCLAIM against Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation filed by Ambry Genetics.(Cataxinos, Edgar)
September 30, 2014 Filing 188 NOTICE OF WITHDRAWAL OF COUNSEL of Dana E. Vallera filed by Jess M. Krannich on behalf of Counsyl, Inc (Krannich, Jess)
September 30, 2014 Filing 187 REPLY to Response to Motion re #171 MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support to Limit Myriad to Ten Claims From the 698 Patent as Required by LPR 2.3(h) filed by MDL Notice Ambry Genetics. (Attachments: #1 Affidavit [Reply Declaration] of Daniel Greene)(Gaede, William)
September 26, 2014 Filing 186 MOTION for Admission Pro Hac Vice of Adam R. Brausa and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2131833, filed by MDL Notice Counsyl, Inc, Counter Defendant Counsyl, Inc. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF registration, #3 Exhibit C - proposed Order)(Krannich, Jess)
September 26, 2014 Filing 185 ANSWER to #169 Amended Complaint,,,,,, with Jury Demand , COUNTERCLAIM against Invitae Corporation filed by University of Utah Research Foundation, Endorecherche, Myriad Genetics, Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership.(Johnson, Kristine)
September 26, 2014 Filing 184 Motion for ADDENDUM to Protective Order filed by Counter Claimant Pathway Genomics, MDL Notice Pathway Genomics to Protective Order. (Bettilyon, Mark) Modified on 10/2/2014 changing event type to motion(jwt).
September 25, 2014 Filing 183 MEMORANDUM in Opposition re #171 MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Mangum, David)
September 24, 2014 Filing 182 REPLY to Response to Motion re #163 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support filed by MDL Notice Ambry Genetics. (Cataxinos, Edgar)
September 24, 2014 Filing 181 REPLY to Response to Motion re #162 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support filed by MDL Notice Ambry Genetics. (Cataxinos, Edgar)
September 23, 2014 Filing 179 **SEALED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of sealed portion of Motion Hearing held on 9/5/2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number (801)809-4634. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-01049-RJS, 2:14-cv-00150-RJS, 2:14-cv-00153-RJS, 2:14-cv-00443-RJS(jwt)
September 23, 2014 Filing 178 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 9/5/2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number (801) 809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2014. Redacted Transcript Deadline set for 10/24/2014. Release of Transcript Restriction set for 12/22/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-01049-RJS, 2:14-cv-00150-RJS, 2:14-cv-00153-RJS, 2:14-cv-00443-RJS(jwt) Modified on 12/22/2014 by removing restricted text(las).
September 19, 2014 Filing 177 RESPONSE to Motion re #163 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Exhibit A - Incorporated 25 pg discussions, #2 Text of Proposed Order)(Mangum, David)
September 19, 2014 Filing 176 RESPONSE to Motion re #162 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Mangum, David)
September 19, 2014 Opinion or Order Filing 175 DOCKET TEXT ORDER entered #171 Motion to Expedite; entered #171 Motion for Protective Order. The Court expedites briefing on #171 as follows: A response to the motion should be filed as soon as possible and in no event later than close of business on 09/25/2014. A reply should be filed as soon as possible and in no event later than close of business on 09/30/2014. Signed by Magistrate Judge Dustin B. Pead on 09/19/2014. No attached document. (sku)
September 18, 2014 Filing 174 Myriad Genetics, Inc.'s ANSWER to #169 Amended Complaint,,,,,, with Jury Demand , Defendant's COUNTERCLAIM against Counsyl, Inc filed by Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069).(Mangum, David)
September 18, 2014 Filing 173 MOTIONS REFERRED - #171 MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support . Motions referred to Dustin B. Pead.(jwt)
September 18, 2014 Filing 172 AFFIDAVIT/DECLARATION of Daniel Greene in Support re #171 MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support filed by MDL Notice Ambry Genetics. (Attachments: #1 Exhibit A - Email thread, #2 Exhibit B - Email thread, #3 Exhibit C - Email thread, #4 Exhibit D - Email with attached corresponence)(Cataxinos, Edgar)
September 18, 2014 Filing 171 MOTION to Expedite Motion for Protective Order and Memorandum in Support , MOTION for Protective Order and Memorandum in Support filed by MDL Notice Ambry Genetics. (Attachments: #1 Exhibit A - Plaintiff's Initial Infringement Contentions, #2 Text of Proposed Order, #3 Supplement Certification)(Cataxinos, Edgar)
September 16, 2014 Filing 169 AMENDED COMPLAINT First Amended Complaint for Declaratory Judgment Deman for Jury Trial against Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics, Trustees of the University of Pennsylvania(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania, University of Utah Research Foundation, University of Utah Research Foundation(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069) with Jury Demand. New Defendants: The University of Utah, The University of Pennsylvania, The Hospital for Sick Children, and Endorecherche., filed by Invitae Corporation. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 1 The '282 Patent, #3 Exhibit 2 The '441 Patent, #4 Exhibit 3 The '857 Patent, #5 Exhibit 4 The '379 Patent, #6 Exhibit 5 The '721 Patent, #7 Exhibit 6 The '497 Patent, #8 Exhibit 7 The '510 Patent, #9 Exhibit 8 The '258 Patent, #10 Exhibit 9 The '237 Patent, #11 Exhibit 10 The '776 Patent, #12 Exhibit 11 The '571 Patent) (Cornish, Rita)
September 15, 2014 Filing 168 AMENDED COMPLAINT (SECOND) against Ambry Genetics with Jury Demand., filed by University of Utah Research Foundation, Endorecherche, Myriad Genetics, Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership. (Johnson, Kristine)
September 15, 2014 Opinion or Order Filing 167 DOCKET TEXT ORDER entered #162 Motion to Expedite Short Form Motion to Compel; entered #163 Motion to Expedite Short Form Motion to Compel. The Court expedites briefing on #162 and #163 as follows: Responses to both motions should be filed as soon as possible and in no event later than close of business on 09/19/2014. Replies to both motions should be filed as soon as possible and in no event later than close of business on 09/24/2014. Signed by Magistrate Judge Dustin B. Pead on 09/15/2014. No attached document. (sku)
September 15, 2014 Opinion or Order Filing 166 ORDER Following Oral Rulings. Before the court are eight Motions relating to five cases pending in this MDL. For the reasons stated at the hearing on these Motions held September 5, 2014, the court rules and orders as follows: granting (76) Motion to Amend/Correct in case 2:13-cv-640-RJS; granting (12) Motion to Dismiss for Lack of Jurisdiction in case 2:13-cv-01049-RJS; denying (87) Sealed Motion to File Supplemental Complaint relating to case 2:13-cv-01049-RJS; granting (77) Motion for Leave to File First Amended Complaint for Declaratory Judgment, relating to case 2:14-cv-00153-RJS; denying (86) Motion to Dismiss Invitae Corporation's Complaint, relating to case 2:14-cv-00153-RJS; denying (26) MOTION to Dismiss or Transfer in case 2:14-cv-00150-RJS; granting (93) Motion to Dismiss; denying (94) Motion for Sanctions in case relating to case 2:14-cv-00150-RJS. Signed by Judge Robert J. Shelby on 9/15/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-01049-RJS, 2:14-cv-00150-RJS, 2:14-cv-00153-RJS, 2:14-cv-00443-RJS(jwt) Modified on 9/15/2014 removing SEALED restriction per chambers(jwt).
September 15, 2014 Filing 165 MOTIONS REFERRED - #163 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support , #162 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support Motions referred to Dustin B. Pead.(jwt)
September 12, 2014 Filing 164 STATUS REPORT No. 3 by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine)
September 12, 2014 Filing 163 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support filed by MDL Notice Ambry Genetics, Counter Defendant Invitae Corporation. (Attachments: #1 Exhibit Excerpt to Interrogatory No. 8, #2 Exhibit Certification, #3 Text of Proposed Order)(Cataxinos, Edgar)
September 12, 2014 Filing 162 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support filed by MDL Notice Ambry Genetics, Counter Defendant Invitae Corporation. (Attachments: #1 Exhibit Excerpt of Interrogatory No. 2, #2 Exhibit Certification, #3 Text of Proposed Order)(Cataxinos, Edgar)
September 10, 2014 Filing 161 Plaintiffs' ANSWER to #54 Counterclaim of defendants Quest Diagnostics, Inc. and Quest Diagnostics Nichols Institute filed by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation.(Mangum, David)
September 8, 2014 Filing 160 Plaintiffs' ANSWER to #111 Counterclaim of Pathway Genomics Corporation filed by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation.(Mangum, David)
September 5, 2014 Filing 170 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 9/5/2014. The court hears oral argument and rules as follows: Plaintiffs (University of Utah Research Foundation, et al.) Motion for Leave to File Second Amended Complaint (Dkt. 76 in Case No. 2:13-cv-00640) is GRANTED; Defendant Invitae Corporations Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 12 in Case No. 2:13-cv-01049) is GRANTED;Plaintiffs (University of Utah Research Foundation, et al.) Motion to file Supplemental Complaint (Dkt. 87 in this MDL case, relating to Case No. 2:13-cv-01049) is DENIED; Plaintiff Invitae Corporations Motion to File First Amended Complaint for Declaratory Judgment (Dkt. 77 in this MDL case, relating to Case No. 2:14-cv-00153) is GRANTED;Defendant Myriad Genetics Inc.s Motion to Dismiss Invitae Corporations Complaint (Dkt. 86 in this MDL case, relating to Case No. 2:14-cv-00153) is DENIED; Defendant Myriad Genetics Inc.s Motion to Dismiss or Transfer Counsyl, Inc.s Complaint (Dkt. 26 in Case No. 2:14-cv-00150) is DENIED; Defendant Counsyl, Inc.s Motion to Dismiss (Dkt. 93 in this MDL case, relating to Case No. 2:14-cv-00443) is GRANTED; Plaintiff Counsyl, Inc.s Motion for Sanctions (Dkt. 94 in this MDL case, relating to Case No. 2:14-cv-00150) is DENIED;An order will be issued. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS, 2:14-cv-00443-RJS.Attorney for Plaintiff: Kristine Johnson, Michael McCarthy, David Mangum, Geoff Biegler, Attorney for Defendant: William Gaede, Daralyn Durie, Colin Kemp, Kirke Hasson, Edward Cataxinos, Larry Laycock, Rita Cornish, Richard Blaylock, Jess Krannich. Court Reporter: Ray Fenlon. (mjm)
August 31, 2014 Filing 159 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Motion Hearing set for 9/5/2014 at 1:00 p.m. Please see ORIGINAL NOTICE OF HEARING IN MEMBER CASE 2:13-CV-001049 RJS, University of Utah Research Foundation et al v. Invitae, DOCKET ENTRY 40, FILED ON 7/15/2014. This Notice of Hearing set the following motions for hearing on 9/5/2014 at 1:00 p.m.: docket entry 12, Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Invitae AND docket entry 37, SEALED MOTION for Leave to File a Supplemental Complaint and Memorandum in Support filed by Plaintiffs Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah. (mjm)
August 26, 2014 Filing 158 AMENDED NOTICE OF HEARING ON MOTION re: #76 MOTION to Amend/Correct for Leave to File a Second Amended Complaint, #77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment, #94 MOTION for Sanctions(Counsyl, Inc.'s Motion for Sanctions), #86 MOTION to Dismiss , #87 *SEALED DOCUMENT* SEALED MOTION, #93 MOTION to Dismiss (Counsyl, Inc.'s Motion to Dismiss) and IN CASE 2:14-CV-00150 RJS - DOCKET ENTRY 26 MOTION to Dismiss UNDER FED. R. CIV. P. 12(b)(1), OR IN THE ALTERNATIVE TO MOTION to TRANSFER PLAINTIFF'S COMPLAINT FOR DECLARATORY JUDGMENT; AND MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(6) filed by Myriad Genetics, Inc. : (Notice generated by Mary Jane McNamee) Motion Hearing set for 9/5/2014 AT 1:00 PM in Rm 7.300 before Judge Robert J. Shelby. PLEASE NOTE: Additional motion will he heard in case 2:14-cv-00150 RJS, docket entry 26 - MOTION to Dismiss UNDER FED. R. CIV. P. 12(b)(1), OR IN THE ALTERNATIVE TO MOTION to TRANSFER PLAINTIFF'S COMPLAINT FOR DECLARATORY JUDGMENT; AND MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(6) filed by Myriad Genetics, Inc. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm)
August 26, 2014 Opinion or Order Filing 157 ORDER in case 2:13-cv-00640-RJS; granting (152) Motion for Issuance of Letters Rogatory as to University College Cardiff Consultants Limited in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/26/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:14-cv-00153-RJS(jwt)
August 26, 2014 Opinion or Order Filing 156 ORDER in case 2:13-cv-00640-RJS; granting (150) Motion for Issuance of Letters Rogatory in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/26/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:14-cv-00153-RJS(jwt)
August 26, 2014 Opinion or Order Filing 155 ORDER in case 2:13-cv-00640-RJS; granting (148) Motion for Issuance of Letters Rogatory in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/26/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:14-cv-00153-RJS(jwt)
August 26, 2014 Opinion or Order Filing 154 ORDER in case 2:13-cv-00640-RJS; granting (146) Motion for Issuance of Letters Rogatory in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/26/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:14-cv-00153-RJS(jwt)
August 22, 2014 Filing 153 AFFIDAVIT/DECLARATION of William G. Gaede III in Support re #152 MOTION for Issuance of Letters Rogatory and Memorandum in Support to Univ. College Consultants Limited filed by MDL Notice Ambry Genetics. (Gaede, William)
August 22, 2014 Filing 152 MOTION for Issuance of Letters Rogatory and Memorandum in Support filed by MDL Notice Ambry Genetics. (Attachments: #1 Exhibit A - Letter of Request to Univ. College Cardiff Consultants, #2 Text of Proposed Order)(Gaede, William)
August 22, 2014 Filing 151 AFFIDAVIT/DECLARATION of William G. Gaede III in Support re #150 MOTION for Issuance of Letters Rogatory and Memorandum in Support to Sampson filed by MDL Notice Ambry Genetics. (Gaede, William)
August 22, 2014 Filing 150 MOTION for Issuance of Letters Rogatory and Memorandum in Support filed by MDL Notice Ambry Genetics. (Attachments: #1 Exhibit A - Letter of Request to Sampson, #2 Text of Proposed Order)(Gaede, William)
August 22, 2014 Filing 149 AFFIDAVIT/DECLARATION of William G. Gaede III in Support re #148 MOTION for Issuance of Letters Rogatory and Memorandum in Support to Cheadle filed by MDL Notice Ambry Genetics. (Gaede, William)
August 22, 2014 Filing 148 MOTION for Issuance of Letters Rogatory and Memorandum in Support as to Jeremy P. Cheadle filed by MDL Notice Ambry Genetics. (Attachments: #1 Exhibit A - Letter of Request, #2 Text of Proposed Order)(Gaede, William) Modified on 8/25/2014 adding text as to Jeremy P. Cheadle(jwt).
August 22, 2014 Filing 147 AFFIDAVIT/DECLARATION of William G. Gaede III in Support re #146 MOTION for Issuance of Letters Rogatory and Memorandum in Support as to Cardiff University filed by MDL Notice Ambry Genetics. (Gaede, William) Modified on 8/25/2014 adding text as to Cardiff University(jwt).
August 22, 2014 Filing 146 MOTION for Issuance of Letters Rogatory and Memorandum in Support as to Cardiff University filed by MDL Notice Ambry Genetics. (Attachments: #1 Exhibit A - Letter of Request, #2 Text of Proposed Order)(Gaede, William) Modified on 8/25/2014 adding text as to Cardiff University(jwt).
August 22, 2014 Opinion or Order Filing 145 ORDER in case 2:13-cv-00640-RJS; granting (142) Motion for Admission Pro Hac Vice of Bhanu K. Sadasivan for Ambry Genetics,Bhanu K. Sadasivan for Ambry Genetics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/22/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt)
August 22, 2014 Opinion or Order Filing 144 ORDER in case 2:13-cv-00640-RJS; granting (143) Motion for Admission Pro Hac Vice of Mandy H. Kim for Ambry Genetics,Mandy H. Kim for Ambry Genetics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/22/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt)
August 21, 2014 Filing 143 MOTION for Admission Pro Hac Vice of Mandy H. Kim , Registration fee $ 15, receipt number 1088-2110106, filed by MDL Notice Ambry Genetics. (Attachments: #1 Exhibit A - Application for Admission, #2 Exhibit B - ECF Registration, #3 Text of Proposed Order)(Cataxinos, Edgar)
August 21, 2014 Filing 142 MOTION for Admission Pro Hac Vice of Bhanu Sadasivan , Registration fee $ 15, receipt number 1088-2110103, filed by MDL Notice Ambry Genetics. (Attachments: #1 Exhibit A - Application for Admission, #2 Exhibit B - ECF Registration, #3 Text of Proposed Order)(Cataxinos, Edgar)
August 17, 2014 Filing 141 AMENDED NOTICE OF HEARING ON MOTION re: #76 MOTION to Amend/Correct for Leave to File a Second Amended Complaint, #77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment , #94 MOTION for Sanctions (Counsyl, Inc.'s Motion for Sanctions), #86 MOTION to Dismiss , #87 *SEALED DOCUMENT* SEALED MOTION, #93 MOTION to Dismiss (Counsyl, Inc.'s Motion to Dismiss) : (Notice generated by Mary Jane McNamee) Motion Hearing set for 9/5/2014 AT 1:00 PM in Rm 7.300 before Judge Robert J. Shelby. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm)
August 14, 2014 Filing 140 WITHDRAWAL OF MOTION by MDL Notice Ambry Genetics re #104 MOTION for Summary Judgment and Memorandum in Support on Plaintiff's Sixth and Seventh Claims For Relief and Request For Expedited Briefing filed by Ambry Genetics, #102 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss Plaintiffs' 6th and 7th Claims For Relief filed by Ambry Genetics . (Cataxinos, Edgar)
August 13, 2014 Opinion or Order Filing 139 ORDER in case 2:13-cv-00640-RJS; granting (135) Stipulated MOTION to Dismiss a) Claims Six and Seven of Myriad's Amended Complaint; b) Counts Three and Four of Ambry's Counterclaims filed by MDL Notice Myriad Genetics in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/13/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt)
August 13, 2014 Opinion or Order Filing 138 ORDER in case 2:13-cv-00640-RJS; granting (133) Stipulated MOTION for Leave to File Supplemental LPR 2.3 and 2.4 Contentions and for Plaintiffs to Assert in LPR 2.3 Contentions Eleven Claims for U.S. Patent No. 6,051,379 in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/13/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt)
August 11, 2014 Filing 137 REPLY to Response to Motion re #94 MOTION for Sanctions and Memorandum in Support (Counsyl, Inc.'s Motion for Sanctions) filed by MDL Notice Counsyl, Inc. (Krannich, Jess)
August 11, 2014 Filing 136 REPLY to Response to Motion re #93 MOTION to Dismiss and Memorandum in Support (Counsyl, Inc.'s Motion to Dismiss) filed by MDL Notice Counsyl, Inc. (Attachments: #1 Exhibit A - Counsyl Opposition)(Krannich, Jess)
August 11, 2014 Filing 135 Stipulated MOTION to Dismiss a) Claims Six and Seven of Myriad's Amended Complaint; b) Counts Three and Four of Ambry's Counterclaims filed by MDL Notice Myriad Genetics. (Attachments: #1 Text of Proposed Order)(Mangum, David)
August 7, 2014 Filing 134 REPLY to Response to Motion re #86 MOTION to Dismiss and Memorandum in Support filed by Counter Claimant Myriad Genetics. (McCarthy, Michael)
August 7, 2014 Filing 133 Stipulated MOTION for Leave to File Supplemental LPR 2.3 and 2.4 Contentions and for Plaintiffs to Assert in LPR 2.3 Contentions Eleven Claims for U.S. Patent No. 6,051,379 and Memorandum in Support filed by MDL Notice Ambry Genetics. (Attachments: #1 Text of Proposed Order Proposed Order)(Cataxinos, Edgar)
August 4, 2014 Filing 132 REPLY to Response to Motion re #87 *SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support filed by Counter Defendants Endorecherche, Endorecherche, HSC Research and Development Limited Partnership, HSC Research and Development Limited Partnership, Myriad Genetics, Myriad Genetics, Trustees of the University of Pennsylvania, Trustees of the University of Pennsylvania, University of Utah Research Foundation, University of Utah Research Foundation, MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation, Counter Claimants Myriad Genetics, Myriad Genetics. (Johnson, Kristine)
August 4, 2014 Filing 131 REPLY to Response to Motion re #77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment and Memorandum in Support Reply Memorandum in Support of Motion for Leave to File First Amended Complaint for Declaratory Judgment filed by MDL Notice Invitae Corporation, Counter Defendant Invitae Corporation. (Cornish, Rita)
July 30, 2014 Filing 130 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Endorecherche identifying None as Corporate Parent. (Johnson, Kristine)
July 30, 2014 Filing 129 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice HSC Research and Development Limited Partnership identifying None as Corporate Parent. (Johnson, Kristine)
July 30, 2014 Filing 128 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice University of Utah Research Foundation identifying None as Corporate Parent. (Johnson, Kristine)
July 30, 2014 Filing 127 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Myriad Genetics identifying None as Corporate Parent. (Johnson, Kristine)
July 30, 2014 Filing 126 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice University of Utah Research Foundation identifying None as Corporate Parent. (Johnson, Kristine)
July 30, 2014 Filing 125 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice HSC Research and Development Limited Partnership identifying None as Corporate Parent. (Johnson, Kristine)
July 30, 2014 Filing 124 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Endorecherche identifying None as Corporate Parent. (Johnson, Kristine)
July 30, 2014 Filing 123 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Myriad Genetics identifying None as Corporate Parent. (Johnson, Kristine)
July 30, 2014 Filing 122 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Trustees of the University of Pennsylvania identifying None as Corporate Parent. (Johnson, Kristine)
July 30, 2014 Filing 121 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Trustees of the University of Pennsylvania identifying None as Corporate Parent. (Johnson, Kristine)
July 29, 2014 Opinion or Order Filing 119 ORDER granting #117 Motion for Extension of Time. Signed by Judge Robert J. Shelby on 6/29/2014. (chambers)
July 28, 2014 Filing 118 REPLY to Response to Motion re #76 MOTION to Amend/Correct and Memorandum in Support for Leave to File a Second Amended Complaint filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Exhibit A - July 23, 2014 Letter)(Johnson, Kristine)
July 28, 2014 Filing 117 MOTION for Extension of Time to File Memorandum in Opposition to Motion to Dismiss and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Johnson, Kristine)
July 25, 2014 Filing 116 STATUS REPORT No. 2 by BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation. (Johnson, Kristine)
July 25, 2014 Filing 115 AFFIDAVIT/DECLARATION of David G. Mangum in Opposition re #94 MOTION for Sanctions and Memorandum in Support (Counsyl, Inc.'s Motion for Sanctions), #93 MOTION to Dismiss and Memorandum in Support (Counsyl, Inc.'s Motion to Dismiss) filed by Counter Defendants Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Exhibit A - March 14-18 email string, #2 Exhibit B - April 3 email, #3 Exhibit C - April 9 email, #4 Exhibit D - April 16 email, #5 Exhibit E - May 14 letter, #6 Exhibit F - May 7 letter, #7 Exhibit G - May 8 letter, #8 Exhibit H - May 20 letter, #9 Exhibit I - June 4 letter, #10 Exhibit J - June 6 letter, #11 Exhibit K- June 19 letter, #12 Exhibit L - June 17 email, #13 Exhibit M- June 17 letter, #14 Exhibit N - June 20 letter)(Johnson, Kristine)
July 25, 2014 Filing 114 MEMORANDUM in Opposition re #93 MOTION to Dismiss and Memorandum in Support (Counsyl, Inc.'s Motion to Dismiss), #94 MOTION for Sanctions and Memorandum in Support (Counsyl, Inc.'s Motion for Sanctions) filed by Counter Defendants Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Exhibit A - Motion to Dismiss (Cal. Action), #2 Exhibit B - Reply Memo.)(Johnson, Kristine)
July 25, 2014 Filing 113 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Counter Claimant Pathway Genomics, MDL Notice Pathway Genomics. (Bettilyon, Mark)
July 22, 2014 Filing 120 **SEALED DOCUMENT**Declaration of Colin T. Kemp in Support of Invitae Corporation's Reply Memorandum in Support of Motion to Dismiss for lack of Personal Jurisdiction filed by MDL Notice Invitae Corporation. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(las)
July 22, 2014 Filing 112 **SEALED DOCUMENT** Invitae Corporation's Reply Memorandum in Support of Motion to Dismiss for Lack of Personal Jurisdiction (Docket No. 12 in 2:13cv1049) filed by MDL Notice Invitae Corporation. (las)
July 22, 2014 Filing 111 ANSWER to Complaint with Jury Demand , Affirmative Defenses (in Case No. 2:14-cv-442, Dkt. No. 2), COUNTERCLAIM against Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation filed by Pathway Genomics.(Bettilyon, Mark)
July 21, 2014 Filing 110 MEMORANDUM in Opposition re #86 MOTION to Dismiss and Memorandum in Support filed by Counter Defendant Invitae Corporation. (Clark, Robert)
July 21, 2014 Filing 109 NOTICE OF CONVENTIONAL FILING of 1.Invitae Corporations Reply Memorandum in Support of Motion to Dismiss for Lack of Personal Jurisdiction; and Declaration of Colin Kemp re Need to File Under Seal filed by Counter Defendant Invitae Corporation (Clark, Robert)
July 18, 2014 Filing 108 AFFIDAVIT/DECLARATION of Colin T. Kemp in Opposition re #87 *SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support Declaration of Colin T. Kemp in Support of Invitae Corporation's Memorandum in Opposition to Myriad's Motion for Leave to File a Supplemental Complaint filed by MDL Notice Invitae Corporation, Counter Defendant Invitae Corporation. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit Exhibit A Excerpts of Transcript of Deposition of Invitae Corporation through its 30(b)(6) witness Sean George, #3 Exhibit Exhibit B Excerpt of the Transcript of Deposition of Intermountain Health/Select Health through its 30(b)(6) witness Steve Bleyl, M.D.)(Cornish, Rita)
July 18, 2014 Filing 107 MEMORANDUM in Opposition re #87 *SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support Invitae Corporation's Memorandum in Opposition to Myriad's Motion for Leave to File a Supplemental Complaint filed by MDL Notice Invitae Corporation, Counter Defendant Invitae Corporation. (Cornish, Rita)
July 18, 2014 Filing 106 MEMORANDUM in Opposition re #77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine)
July 15, 2014 Filing 105 NOTICE OF HEARING ON MOTION re: #94 MOTION for Sanctions and Memorandum in Support (Counsyl, Inc.'s Motion for Sanctions), #102 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss Plaintiffs' 6th and 7th Claims For Relief, #93 MOTION to Dismiss and Memorandum in Support (Counsyl, Inc.'s Motion to Dismiss), #76 MOTION to Amend/Correct and Memorandum in Support for Leave to File a Second Amended Complaint, #104 MOTION for Summary Judgment and Memorandum in Support on Plaintiff's Sixth and Seventh Claims For Relief and Request For Expedited Briefing, #77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment and Memorandum in Support , #86 MOTION to Dismiss and Memorandum in Support , #87 *SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 9/5/2014 at 1:00 PM in Rm 7.300 before Judge Robert J. Shelby. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm)
July 11, 2014 Filing 104 MOTION for Summary Judgment and Memorandum in Support on Plaintiff's Sixth and Seventh Claims For Relief and Request For Expedited Briefing filed by MDL Notice Ambry Genetics. (Attachments: #1 Affidavit - Declaration of Daniel Greene [appendix doc. 10], #2 Appendix of Supporting Documents, #3 Appendix Doc No. 1, #4 Appendix Doc. No. 2, #5 Appendix Doc. No. 3, #6 Appendix Doc. No. 4, #7 Appendix Doc. No. 5, #8 Appendix Doc. No. 6, #9 Appendix Doc. No. 7, #10 Appendix Doc. No. 8, #11 Appendix Doc. No. 9)(Gaede, William)
July 11, 2014 Filing 103 AFFIDAVIT/DECLARATION of Daniel Greene in Support re #102 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss Plaintiffs' 6th and 7th Claims For Relief filed by MDL Notice Ambry Genetics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Gaede, William)
July 11, 2014 Filing 102 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss Plaintiffs' 6th and 7th Claims For Relief filed by MDL Notice Ambry Genetics. (Gaede, William)
July 11, 2014 Filing 101 AFFIDAVIT/DECLARATION of Daniel Greene in Opposition re #76 MOTION to Amend/Correct and Memorandum in Support for Leave to File a Second Amended Complaint filed by MDL Notice Ambry Genetics. (Attachments: #1 Exhibit A - Corrected, #2 Exhibit B - Corrected, #3 Exhibit C - Corrected, #4 Exhibit D - Corrected, #5 Exhibit E - Corrected, #6 Exhibit F - Corrected, #7 Exhibit G - Corrected, #8 Exhibit H - Corrected)(Gaede, William)
July 11, 2014 Filing 100 MEMORANDUM in Opposition re #76 MOTION to Amend/Correct and Memorandum in Support for Leave to File a Second Amended Complaint filed by MDL Notice Ambry Genetics. (Attachments: #1 Affidavit [Declaration] of Daniel Greene, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Gaede, William)
July 11, 2014 Opinion or Order Filing 99 ORDER granting (97) Motion for Admission Pro Hac Vice of Paul D. Tripodi, II for Pathway Genomics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 7/10/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-RJS(las)
July 11, 2014 Opinion or Order Filing 98 ORDER granting (96) Motion for Admission Pro Hac Vice of Lesli R. Gallagher for Pathway Genomics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 7/8/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-RJS(las)
July 10, 2014 Filing 97 MOTION for Admission Pro Hac Vice of Paul D. Tripodi II , Registration fee $ 15, receipt number 1088-2085733, filed by MDL Notice Pathway Genomics. (Attachments: #1 Exhibit Application for pro hac vice, #2 Exhibit ECF Registration Form, #3 Text of Proposed Order Proposed Order)(Bettilyon, Mark)
July 8, 2014 Filing 96 MOTION for Admission Pro Hac Vice of Lesli Rawles Gallagher , Registration fee $ 15, receipt number 1088-2083905, filed by MDL Notice Pathway Genomics. (Attachments: #1 Exhibit PHV Application, #2 Exhibit ECF Registration, #3 Text of Proposed Order Proposed Order)(Bettilyon, Mark)
July 8, 2014 Opinion or Order Filing 95 SCHEDULING ORDER (see order for deadlines). Signed by Judge Robert J. Shelby on 7/7/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-RJS(jwt)
July 7, 2014 Filing 94 MOTION for Sanctions and Memorandum in Support (Counsyl, Inc.'s Motion for Sanctions) filed by MDL Notice Counsyl, Inc. (Attachments: #1 Exhibit A - June 13 Complaint, #2 Exhibit B - Joint Attys Planning Mtg Report, #3 Exhibit C - Order re Samsung Sanctions)(Krannich, Jess)
July 7, 2014 Filing 93 MOTION to Dismiss and Memorandum in Support (Counsyl, Inc.'s Motion to Dismiss) filed by MDL Notice Counsyl, Inc. (Attachments: #1 Exhibit A - June 13 Complaint, #2 Exhibit B - Counsyl Complaint, #3 Exhibit C - Joint Attys Planning Mtg Report, #4 Exhibit D - Joint Status Report (corrected), #5 Exhibit E - ltr 06.20.14 Mangum to Groombridge, #6 Exhibit F - Pls First Discovery Requests, #7 Exhibit G - Declaration of Eric Evans)(Krannich, Jess)
July 7, 2014 Filing 91 MDL MEMBER CASE ADDED ( USDC District of Utah, 2:14cv442, 2:14cv443) Pursuant to Orders granting Motions to Transfer of Related Cases, #89 and #90 in case 2:14md2510. (jwt)
July 7, 2014 Opinion or Order Filing 90 ORDER granting (73) Motion Transfer of Related Case in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 7/7/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-PMW(jwt)
July 7, 2014 Opinion or Order Filing 89 ORDER granting (72) Motion Transfer of Related Case in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 7/7/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00443-PMW(jwt)
July 3, 2014 Filing 86 MOTION to Dismiss and Memorandum in Support filed by Counter Defendants Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation, MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation, Counter Claimants Myriad Genetics, Myriad Genetics. (Attachments: #1 Text of Proposed Order Order)(Johnson, Kristine)
July 3, 2014 Filing 85 NOTICE of Consent to Transfer and Consolidate by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation (Attachments: #1 Text of Proposed Order) (Johnson, Kristine)
July 2, 2014 Filing 88 **SEALED DOCUMENT** Plaintiff's Opposition to Invitae Corporation's Motion to Dismiss for Lack of Personal Jurisdiction (Docket No. 12 in 2:13cv1049) filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Exhibit Index, #2 Exhibit A - Email dated 01/25/2013, #3 Exhibit B - Excerpts of Deposition of Karen Gauan and exhibits, #4 Exhibit C - Email dated 7/30/2013, #5 Exhibit D - Email dated 01/28/2014, #6 Exhibit E - Email dated 5/5/2014, #7 Exhibit F - Email dated 11/13/2013, #8 Exhibit G - Excerpts of Deposition of Karen Gauna and exhibits, #9 Exhibit H- Excerpts of Deposition of Sean George and exhibits, #10 Exhibit I - Invitae 02/26/2014 Powerpoint and 01/14/2014 Powerpoint presentations, #11 Exhibit J - Google Analysis)(jwt)
July 2, 2014 Filing 84 CERTIFICATE OF SERVICE by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania, University of Utah Research Foundation (Johnson, Kristine)
July 2, 2014 Filing 83 DECLARATION of David G. Mangum filed by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine)
July 2, 2014 Filing 82 NOTICE OF CONVENTIONAL FILING of Plaintiffs' Opposition to Invitae Corporation's Motion to Dismiss for Lack of Personal Jurisdiction filed by Counter Defendants Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation, MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation, Counter Claimants Myriad Genetics, Myriad Genetics (Johnson, Kristine)
July 1, 2014 Filing 87 *SEALED DOCUMENT* SEALED MOTION For Leave to File a Supplemental Complaint and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Exhibit Index, #2 Exhibit A - First Amended Complaint, #3 Exhibit B - Excerpts of Deposition of Sean George with exhibits, #4 Exhibit C - Exhibits to Deposition of Steven Bleyle, MD)(jwt)
July 1, 2014 Filing 81 CERTIFICATE OF SERVICE by Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069) (Johnson, Kristine)
July 1, 2014 Filing 80 DECLARATION of David G. Mangum filed by Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069). (Johnson, Kristine)
July 1, 2014 Filing 79 NOTICE OF CONVENTIONAL FILING of Plaintiffs' Motion for Leave to File a Supplemental Complaint filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics (Johnson, Kristine)
July 1, 2014 Filing 78 AFFIDAVIT of Robert S. Clark re #77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment and Memorandum in Support filed by Invitae Corporation. (Clark, Robert)
July 1, 2014 Filing 77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment and Memorandum in Support filed by Counter Defendant Invitae Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Clark, Robert)
June 24, 2014 Filing 76 MOTION to Amend/Correct and Memorandum in Support for Leave to File a Second Amended Complaint filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Exhibit A -- Second Amended Complaint)(Johnson, Kristine)
June 23, 2014 Filing 74 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on June 6, 2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Felton, Telephone number (801)809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2014. Redacted Transcript Deadline set for 7/25/2014. Release of Transcript Restriction set for 9/22/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS(jwt) Modified on 9/22/2014 by removing restricted text(las).
June 19, 2014 Filing 73 MOTION Transfer of Related Case and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Johnson, Kristine)
June 19, 2014 Filing 72 MOTION Transfer of Related Case and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Text of Proposed Order)(Johnson, Kristine)
June 12, 2014 Opinion or Order Filing 71 ORDER granting #195 Motion for Admission Pro Hac Vice of James William Hill for Ambry Genetics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:13-cv-00640-RJS. Signed by Judge Robert J. Shelby on 6/11/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt) Modified by correcting link on 6/12/2014 (rks).
June 9, 2014 Filing 70 STATUS REPORT (Corrected) by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine)
June 9, 2014 Filing 69 STATUS REPORT by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine)
June 9, 2014 Opinion or Order Filing 68 ORDER granting (95) Motion to Dismiss Ambry's Antitrust Counterclaims in case 2:13-cv-00640-RJS. The counterclaims for Antitrust Violations of the Sherman Act that Ambry has asserted against Myriad are DISMISSED without prejudice to refile. Signed by Judge Robert J. Shelby on 6/6/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt)
June 9, 2014 Opinion or Order Filing 67 ORDER in case 2:13-cv-00967-RJS; granting (62) Motion to Dismiss Quest's Counterclaims for Defamation and Unfair Competition in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 6/6/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt)
June 9, 2014 Opinion or Order Filing 66 ORDER in case 2:14-md-02510-RJS; denying (32) Motion for Leave to File in case 2:14-cv-00152-RJS. Signed by Judge Robert J. Shelby on 6/6/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00152-RJS(jwt)
June 6, 2014 Filing 92 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 6/6/2014. The court hears oral argument and rules as follows: re: (62 in 2:14-md-02510-RJS) MOTION to Dismiss re Quest's Counterclaims for Defamation and Unfair Competition filed by Myriad Genetics. For the reasons stated on the record at the hearing on June 6, 2014, the court GRANTS the Motion. (95 in 2:13-cv-00640-RJS). MOTION to Dismiss Antitrust Counterclaims filed by Myriad Genetics. For the reasons set forth in Myriads briefing on the Motion and its argument at the hearing on June 6, 2014, which the court adopts and incorporates, the court GRANTS the Motion. The counterclaims for Antitrust Violations of the Sherman Act that Ambry has asserted against Myriad are DISMISSED without prejudice to refile. (32 in 2:14-cv-00152-RJS) MOTION for Leave to file FIRST AMENDED COMPLAINT ; filed by Quest Diagnostics, Quest Diagnostics Nichols Institute. For the reasons stated on the record at the hearing on June 6, 2014, the court DENIES the Motion without prejudice to refile. Attorney for Plaintiff: Kristine Johnson, Michael McCarthy, Attorney for Defendant: Edward Cataxinos, Eric Hagen, Larry Laycock, Martin Lueck, Emmett McMahon,. Court Reporter: Ray Fenlon. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-PMW, 2:14-cv-00443-PMW(mjm)
June 6, 2014 Opinion or Order Filing 65 ORDER in case 2:13-cv-00967-RJS; granting (63) Motion to Seal RESPONSE re #48 Brief,to Quest's Supplemental Memorandum of Law in Support of Quest's Motion for Leave to file First Amended Complaint in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 6/6/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt)
June 5, 2014 Filing 64 REDACTION to #63 MOTION to Seal Document #58 Response (NOT to motion), and Memorandum in Support MYRIADS RESPONSE TO QUESTS SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF QUEST'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Biegler, Geoff)
June 5, 2014 Filing 63 MOTION to Seal Document #58 Response (NOT to motion), and Memorandum in Support filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: #1 Text of Proposed Order Proposed Order)(Biegler, Geoff)
June 2, 2014 Filing 62 MOTION to Dismiss and Memorandum in Support re Quest's Counterclaims for Defamation and Unfair Competition filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: #1 Affidavit Declaration of Biegler ISO Mot to Dismiss, #2 Exhibit 1 to Biegler Declaration, #3 Exhibit 2 to Biegler Declaration, #4 Exhibit 3 to Biegler Declaration, #5 Exhibit 4 to Biegler Declaration, #6 Exhibit 5 to Biegler Declaration, #7 Exhibit 6 to Biegler Declaration, #8 Text of Proposed Order Proposed Order Granting Mot to Dismiss)(Biegler, Geoff) Modified by unterming the motion per chambers on 8/26/2014 (rks). Modified by re-terming the motion on 8/26/2014 (rks).
May 29, 2014 Filing 61 ANSWER to #53 Counterclaim filed by Quest Diagnostics, Quest Diagnostics Nichols Institute.(Laycock, Larry)
May 23, 2014 Filing 60 NOTICE of Change of Address by Rita M. Cornish (Cornish, Rita)
May 16, 2014 Filing 59 DECLARATION of Geoff D. Biegler re #58 Response (NOT to motion), In Support of Myriad filed by Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069). (Attachments: #1 Exhibit A to Declaration of Biegler ISO Myriad's Response to Quest's Supplemental Memorandum of Law ISO Quest's Motion for Leave to File First Amended Complaint)(Biegler, Geoff)
May 16, 2014 Filing 58 RESPONSE re #48 Brief,to Quest's Supplemental Memorandum of Law in Support of Quest's Motion for Leave to file First Amended Complaint filed by Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069). (Biegler, Geoff)
May 16, 2014 Opinion or Order Filing 57 DOCKET TEXT ORDER granting in part and denying in part #18 in case 2:14-md-02510-RJS, Plaintiffs' Motion to Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extending Time to Respond to Motion to Dismiss (relating to Invitae's Motion to Dismiss, Docket No. 12 in Case No. 2:13-cv-01049). The court has granted Plaintiffs 60 days within which to conduct jurisdictional discovery. For additional details, see #50 , Order Regarding Briefing Schedule and Schedule and Hearing on Motion to Dismiss for Lack of Personal Jurisdiction. Signed by Judge Robert J. Shelby on 5/16/2015. No attached document. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-01049-RJS
May 9, 2014 Opinion or Order Filing 55 PRETRIAL ORDER NO. 2 - SCHEDULING ORDER: Amended Pleadings due by 7/1/2014. Joinder of Parties due by 7/1/2014. Discovery due by 2/6/2015. (See order for other deadlines.) The Court further orders that the parties submit a Joint Status Report to both Judge Robert J. Shelby and Magistrate Judge Dustin B. Pead every 45 days, with the first such report due on 6/9/2014. Signed by Judge Robert J. Shelby on 5/9/2014. (Attachments: #1 Exhibit A - Short Form Discovery Motion Procedure)Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS(jwt)
May 9, 2014 Filing 54 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania, University of Utah Research Foundation filed by Quest Diagnostics, Quest Diagnostics Nichols Institute.(Braithwaite, Jared)
May 7, 2014 Opinion or Order Filing 52 ORDER REGARDING HEARING ON MYRIAD GENETICS CORP.'S re (95 in 2:13-cv-00640-RJS) MOTION to Dismiss and Memorandum in Support Antitrust Counterclaims. Pursuant to the Court's ruling at the April 25, 2014 Scheduling Conference in MDL Case No. 2:14-MD-02510 H Motion Hearing set for 6/6/2014 02:30 PM in Rm 7.300 before Judge Robert J. Shelby as to (95 in 2:13-cv-00640-RJS) MOTION to Dismiss and Memorandum in Support Antitrust Counterclaims. Discovery on the claims sought to be dismissed stayed pending this Court's ruling on the Motion. Signed by Judge Robert J. Shelby on 5/6/2014. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, UtahAssociated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt)
May 7, 2014 Opinion or Order Filing 51 ORDER REGARDING BRIEFING SCHEDULE AND HEARING ON QUEST'S MOTION FOR LEAVE TO AMEND. Pursuant to the Court's ruling at the April 252, 104 Scheduling Conference in MDL case 2:14MD2510, it is hereby ordered as follows: the parties shall be granted leave to file supplemental briefs on Quest Diagnostics, Inc.'s and Quest Diagnostics Nichols Institute's (collectively Quest) Docket No. 32 MOTION for Leave to file FIRST AMENDED COMPLAINT, limited to choice of law issued and Myriad Genetics, Inc. (Myriad)'s argument that the proposed defamation claims are inappropriate for these MDL proceedings. Supplemental Brief due 5/2/2014. Response due 5/16/2014. Motion Hearing set for 6/6/2014 02:30 PM in Rm 7.300 before Judge Robert J. Shelby. Discovery on the proposed claim stayed pending resolution of the motion. Signed by Judge Robert J. Shelby on 5/6/2014. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah(jwt)
May 7, 2014 Opinion or Order Filing 50 ORDER REGARDING BRIEFING SCHEDULE AND HEARING ON MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION. Pursuant to the Court's ruling at the 4/25/2014 Scheduling Conference in MDL Case No. 2:14-md-02510, it is hereby ordered as follows: The parties shall have sixty (60) days to complete discovery regarding the issues of personal jurisdiction raised in Invitae's MOTION to Dismiss for Lack of Jurisdiction, up to and including 6/24/2014. Plaintiff's Opposition to that Motion shall be filed no later than 7/8/2014. The deadline for Inviate's Reply, if any, shall be determined by applicaiton of the local rules. Signed by Judge Robert J. Shelby on 5/6/2014.. Signed by Judge Robert J. Shelby on 5/6/2014. (jwt)
May 6, 2014 Filing 53 COUNTERCLAIM (entered in case 2:14-cv-152, docket no. 60) against Quest Diagnostics, Quest Diagnostics Nichols Institute, filed by Myriad Genetics. (jwt)
May 6, 2014 Filing 49 Defendants' ANSWER to Complaint for Declaratory Judgment and Counterclaims filed by Myriad Genetics.(McCarthy, Michael)
May 2, 2014 Filing 48 Quest's Supplemental Memorandum of Law in Support of its Motion for Leave to File First Amended Complaint BRIEF filed by MDL NOtice Quest Diagnostics, Quest Diagnostics Nichols Institute. (Braithwaite, Jared)
April 30, 2014 Filing 46 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference held on 4/25/2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/21/2014. Redacted Transcript Deadline set for 6/2/2014. Release of Transcript Restriction set for 7/29/2014. (jwt) Modified on 7/30/2014 by removing restricted text(las).
April 25, 2014 Filing 56 Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 4/25/2014. The court addresses the following: SCHEDULING. Mr. Mangum will prepare an order styled Pretrial Order No. 2-Scheduling Order and circulate to counsel. The court will generally follow the Local Patent Rules, but incorporate into the timing the parties' stipulations concerning various dates, as set forth in the Attorney Planning Meeting. Requests for extensions that are not stipulated will be carefully scrutinized. Plaintiffs must disclose accused instrumentalities by 5/2/2014. PENDING MOTIONS. A hearing on Quest's Motion for Leave to File First Amended Complaint, dkt. #32 in 2:14-cv-00152) is set for 6/6/2014 at 2:30 p.m. Quest's request to provide supplemental briefing on choice of law issues is granted. Quest's supplemental brief must be filed by 5/2/2014. Plaintiffs may file a response not later than 5/16/2014. Plaintiffs' Motion to Dismiss Ambry's Antitrust Counterclaims, dkt. #95 in 2:13-cv-00640, will also be heard on 6/6/2014 at 2:30 p.m. Discovery on antitrust issues will be stayed until the court rules on that motion. Concerning Invitae's Motion to Dismiss for Lack of Jurisdiction, dkt. #12 in 2:13-cv-01049, plaintiffs will have 60 days to complete discovery on issues relating to personal jurisdiction over Invitae, up to 6/24/2014. Plaintiffs Opposition to that Motion shall be filed no later than 7/8/2014. The court will set a hearing when the Opposition is filed. DISCOVERY ISSUES. Plaintiffs shall have 240 and Defendants 360 deposition hours. Depositions will generally be limited to 7 hours, with some exceptions. Inventors will be limited to 14 hours, and depositions must be completed in a single session, no more than 2 consecutive days, with each day limited to no more than seven hours. Each side will have 150 interrogatories, and 150 requests for admission (exclusive of requests for admission relating to the authenticity of documents, which will be unlimited). The court will employ the short form discovery process to resolve disputes as they arise. If parties submit discovery disputes to the court they should submit them to both Judge Shelby and Magistrate Judge Pead. The parties are working on an agreement regarding electronically stored information and a protective order. The parties will submit to Judge Shelby and Magistrate Judge Pead every 45 days a joint status report addressing any issues they wish to raise, any requests for a status conference, and also: 1) what has been done since the last status report; 2) what is currently scheduled; 3) what is the status of discovery; and 4) outstanding motions and the status of briefing. Set Deadlines/Hearing as to dkt entry #95 in 2:13-cv-00640-RJS, Plaintiffs MOTION to Dismiss Antitrust Counterclaims and dkt entry #32 in 2:14-cv-00152-RJS, MOTION for Leave to file FIRST AMENDED COMPLAINT. Motions set for hearing on 6/6/2014 at 2:30 PM in Rm 7.300 before Judge Robert J. Shelby. Court Reporter: Ray Fenlon. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS. Plaintiff's cnsl: Kristine Johnson, David Mangum, Michael McCarthy; Defendant's cnsl: William Gaede, Nick Groombridge, Larry Laycock, Martin Lueck, Emmett McMahon, Nirav Desai, Jared Braithwaite, Edgar Cataxinos, Charles Roberts, Richard Blaylock, Rita Cornish, Nirav Desai, Matias Ferrario, Leslie Grab, Kirke Hasson, Jess Krannich. (mjm)
April 24, 2014 Filing 45 NOTICE of Appearance by Brady L. Rasmussen on behalf of Labroratory Corporation of America Holdings (Rasmussen, Brady)
April 23, 2014 Filing 44 REPLY to Response to Motion re #18 MOTION Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extension of Time and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine)
April 22, 2014 Filing 43 NOTICE of Withdrawal of Motion to Dismiss, Transfer, or Stay in Favor of First-Filed Action in the United States District Court for the Central District of California by Quest Diagnostics, Quest Diagnostics Nichols Institute (Braithwaite, Jared)
April 22, 2014 Filing 42 NOTICE of Withdrawal of Motion to Dismiss Under Rule 12(B)(1) or, In the Alternative, to Transfer Quest's Declaratory Judgment Action by Myriad Genetics (McCarthy, Michael)
April 18, 2014 Filing 41 EXHIBITS filed by BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation re #40 Attorney Planning Meeting. (Johnson, Kristine)
April 18, 2014 Filing 40 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Exhibit A - Plaintiffs' Proposed Scheduling Order, #2 Exhibit B - Defendants' Proposed Scheduling Order)(Johnson, Kristine)
April 17, 2014 Filing 39 DECLARATION of Sean E. George, Ph.D. Supplemental Declaration of Sean E. George, Ph.D., in Support of Motion to Dismiss for Lack of Personal Jurisdiction [Motion is filed as Dkt. No. 12 in Case No. 2:13-cv-1049] filed by Invitae Corporation. (Cornish, Rita)
April 15, 2014 Opinion or Order Filing 38 ORDER granting (31) Motion for Admission Pro Hac Vice Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt)
April 15, 2014 Opinion or Order Filing 37 ORDER granting (30) Motion for Admission Pro Hac Vice of Nicholas Groombridge for Counsyl, Inc. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt)
April 15, 2014 Opinion or Order Filing 36 ORDER granting (29) Motion for Admission Pro Hac Vice of Rebecca Fett for Counsyl, Inc. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt)
April 15, 2014 Opinion or Order Filing 35 ORDER granting (28) Motion for Admission Pro Hac Vice Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt)
April 15, 2014 Opinion or Order Filing 34 ORDER granting (27) Motion for Admission Pro Hac Vice Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt)
April 15, 2014 Opinion or Order Filing 33 ORDER granting (26) Motion for Admission Pro Hac Vice Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt)
April 15, 2014 Opinion or Order Filing 32 ORDER granting (25) Motion for Admission Pro Hac Vice Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt)
April 14, 2014 Filing 31 MOTION for Admission Pro Hac Vice of Kira A. Davis and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029632, filed by MDL Notice Counsyl, Inc. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF registration, #3 Exhibit C - proposed Order)(Krannich, Jess)
April 14, 2014 Filing 30 MOTION for Admission Pro Hac Vice of Nicholas Groombridge and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029628, filed by MDL Notice Counsyl, Inc. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF registration, #3 Exhibit C - proposed Order)(Krannich, Jess)
April 14, 2014 Filing 29 MOTION for Admission Pro Hac Vice of Rebecca Fett and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029622, filed by MDL Notice Counsyl, Inc. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF registration, #3 Exhibit C - proposed Order)(Krannich, Jess)
April 14, 2014 Filing 28 MOTION for Admission Pro Hac Vice of Josephine Young and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029611, filed by MDL Notice Counsyl, Inc. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF registration, #3 Exhibit C - proposed Order)(Krannich, Jess)
April 14, 2014 Filing 27 MOTION for Admission Pro Hac Vice of Mark A. Lemley and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029607, filed by MDL Notice Counsyl, Inc. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - proposed Order)(Krannich, Jess)
April 14, 2014 Filing 26 MOTION for Admission Pro Hac Vice of Timothy C. Saulsbury and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029603, filed by MDL Notice Counsyl, Inc. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - ECF registration, #3 Exhibit C - proposed Order)(Krannich, Jess)
April 14, 2014 Filing 25 MOTION for Admission Pro Hac Vice of Daralyn J. Durie and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029596, filed by MDL Notice Counsyl, Inc. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - proposed Order)(Krannich, Jess)
April 11, 2014 Filing 24 ANSWER to Complaint with Jury Demand Invitae Corporation's Answer and Affirmative Defenses to Counterclaims [related to consolidated Case No. 13-cv-05495] filed by Invitae Corporation.(Cornish, Rita)
April 6, 2014 Filing 21 NOTICE FROM THE COURT - The relocation move of the CM/ECF server disrupted some docketing which occurred between 2:20 pm on April 4 (Friday) and 12 midnight on April 4. An entry was made in this case but does not appear on the docket. If you e-filed anything in that period of time, it will be necessary for you to refile as soon as possible. If the event you are docketing allows extra text, please add this text to your docket entry: "Redocketed per request of the Clerk on April 6, 2014" (rks)
April 4, 2014 Filing 23 AFFIDAVIT/DECLARATION of Robert S. Clark in Opposition re #18 MOTION Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extension of Time and Memorandum in Support Invitae's Memorandum in Opposition to Plaintiffs' Motion to Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extending Time to Respond to Motion to Dismiss, Redocketed per request of the Clerk on April 6, 2014 filed by MDL Notice Invitae Corporation, Counter Defendant Invitae Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Clark, Robert) Modified to reflect original file date on 4/7/2014 (rks).
April 4, 2014 Filing 22 MEMORANDUM in Opposition re #18 MOTION Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extension of Time and Memorandum in Support Invitae's Memorandum in Opposition to Plaintiffs' Motion to Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extending Time to Respond to Motion to Dismiss [Dkt. 18] *Redocketed per request of the Clerk on April 6, 2014* filed by MDL Notice Invitae Corporation, Counter Defendant Invitae Corporation. (Cornish, Rita) Modified to reflect original file date on 4/7/2014 (rks).
April 2, 2014 Filing 20 NOTICE of Withdrawal of Motion to Transfer by Myriad Genetics re #16 MOTION Transfer Pursuant to Section 1404 and Memorandum in Support (McCarthy, Michael)
March 21, 2014 Filing 19 AFFIDAVIT/DECLARATION of Christopher Ho in Support re #18 MOTION Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extension of Time and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine)
March 21, 2014 Filing 18 MOTION Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extension of Time and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: #1 Exhibit A - Proposed Discovery, #2 Text of Proposed Order)(Johnson, Kristine)
March 21, 2014 Filing 17 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Invitae Corporation filed by Myriad Genetics.(Johnson, Kristine)
March 21, 2014 Filing 16 MOTION Transfer Pursuant to Section 1404 and Memorandum in Support filed by MDL Notice Myriad Genetics. (Attachments: #1 Exhibit 1 - Tentative Order, #2 Text of Proposed Order)(Johnson, Kristine)
March 21, 2014 Filing 15 MDL MEMBER CASE ADDED ( USDC District of Utah, 2:13-cv-1069) Pursuant to #14 ORDER for Assignment to MDL Case No. 2:14-MD-2510 (jwt)
March 21, 2014 Opinion or Order Filing 14 ORDER for Assignment to MDL Case No. 2:14-MD-2510 (entered as docket no. 37 in case 2:13-cv-1069-RJS). Signed by Judge Robert J. Shelby on 3/19/2014. (jwt)
March 21, 2014 Filing 13 MDL MEMBER CASE ADDED ( USDC District of Utah, 2:13-cv-1049) per #12 Order Assigning case to MDL Case Pursuant to MDL Panel Ruling. (jwt)
March 21, 2014 Opinion or Order Filing 12 ORDER Assigning Case to MDL Case Pursuant to MDL Panel Ruling (entered in case 2:13cv1049-RJS). Signed by Judge Robert J. Shelby on 3/19/2014. (jwt)
March 19, 2014 Filing 11 USCA Case Number Case Appealed to Federal Circuit Case Number 14-1366 for #9 Notice of Appeal filed by Myriad Genetics. (jmr)
March 14, 2014 Filing 10 Transmission of Preliminary Record to USCA-Federal Circuit re #9 Notice of Appeal. (Attachments: #1 Appendix)(jmr)
March 13, 2014 Filing 9 NOTICE OF APPEAL filed by Myriad Genetics. Appeals to the USCA for the Federal Circuit. Filing fee $ 505, receipt number 1088-2013981. (Biegler, Geoff)
March 10, 2014 Opinion or Order Filing 8 ORDER and Notice of Case Management Hearing.( Scheduling Conference set for 4/25/2014 02:00 PM in Rm 7.300 before Judge Robert J. Shelby.) Signed by Judge Robert J. Shelby on 3/10/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS(jwt)
March 10, 2014 Opinion or Order Filing 7 MEMORANDUM DECISION and Order Denying Plaintiffs' Motion for Preliminary Injunction (Docket Number 5 in case 2:13cv640). See order for details. Signed by Judge Robert J. Shelby on 3/10/2014. (jwt)
March 4, 2014 Filing 6 MDL MEMBER CASE OPENED as 2:14cv00153. ( USDC for Northern District of California, 3:13cv05495) Pursuant to MDL Conditional Transfer Order CTO# 1 (jwt)
March 3, 2014 Filing 5 MDL MEMBER CASE OPENED as 2:14cv152. ( USDC Central California, 8:13cv1587) Pursuant to #1 MDL Transfer Order (rks)
February 28, 2014 Filing 4 MDL MEMBER CASE OPENED as 2:14cv150. (USDC Northern District of California, 5:13cv4391) Pursuant to MDL Conditional Transfer Order CTO# 1 (jwt)
February 28, 2014 Filing 3 CONDITIONAL TRANSFER ORDER from Judicial Panel on Multidistrict Litigation The following case as listed in Schedule CTO-1, is transferred to our district pursuant to 28 USC 1407; Northern District of California - Invitae Corporation v. Myriad Genetics, Inc 13-5495; signed by Jeffery N. Luthi, Clerk of the MDL Panel on 2/28/14. (rks)
February 28, 2014 Filing 2 MDL MEMBER CASE ADDED (USDC District of Utah, 2:13cv640, 2:13cv 954, 2:13cv967) Pursuant to #1 MDL Transfer Order (rks)
February 25, 2014 Filing 1 TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation. The following cases as listed in Schedule A, are transferred to our district pursuant to 28 USC 1407; Central District of California - Quest Diagnostics Incorporated et al v Myriad Genetics, Inc 8:13cv01587; Northern District of California - Counsyl, Inc v Myriad Genetics, Inc, 5:13cv4391; District of Utah - University of Utah Research Foundation et al v Ambry Genetics, 2:13cv640; University of Utah Research Foundation et al v Quest Diagnostics, 2:13cv 967. Signed by John G. Heyburn II, Chairman of the Panel on Multidistrict Litigation on 02/25/14. Case assigned to Judge Robert J. Shelby (rks)

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Counter defendant: Invitae Corporation
Represented By: Colin T. Kemp
Represented By: Rita M. Cornish
Represented By: Richard L. Blaylock
Represented By: Kirke M. Hasson
Represented By: Edgar R. Cataxinos
Represented By: Robert S. Clark
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Counter defendant: Myriad Genetics
Represented By: Geoff D. Biegler
Represented By: Kristine E. Johnson
Represented By: Benjamin G. Jackson
Represented By: Rebecca L. Shult
Represented By: Michael R. McCarthy
Represented By: David G. Mangum
Represented By: C. Kevin Speirs
Represented By: Limin Zheng
Represented By: Elizabeth M. Flanagan
Represented By: Jonathan E. Singer
Represented By: Richard E. Mrazik
Represented By: Brook B. Bond
Represented By: Matthew S. Gordon
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Counter defendant: Quest Diagnostics
Represented By: Larry R. Laycock
Represented By: Emmett J. McMahon
Represented By: David Martinez
Represented By: Martin R. Lueck
Represented By: Jared J. Braithwaite
Represented By: Matthew B. McFarlane
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Counter defendant: Endorecherche
Represented By: Geoff D. Biegler
Represented By: Kristine E. Johnson
Represented By: Elizabeth M. Flanagan
Represented By: Michael R. McCarthy
Represented By: David G. Mangum
Represented By: C. Kevin Speirs
Represented By: Jonathan E. Singer
Represented By: Benjamin G. Jackson
Represented By: Richard E. Mrazik
Represented By: Brook B. Bond
Represented By: Matthew S. Gordon
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Counter defendant: Trustees of the University of Pennsylvania
Represented By: Geoff D. Biegler
Represented By: Kristine E. Johnson
Represented By: Elizabeth M. Flanagan
Represented By: Michael R. McCarthy
Represented By: David G. Mangum
Represented By: C. Kevin Speirs
Represented By: Jonathan E. Singer
Represented By: Benjamin G. Jackson
Represented By: Richard E. Mrazik
Represented By: Brook B. Bond
Represented By: Matthew S. Gordon
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Counter defendant: Quest Diagnostics Nichols Institute
Represented By: Larry R. Laycock
Represented By: Emmett J. McMahon
Represented By: David Martinez
Represented By: Martin R. Lueck
Represented By: Jared J. Braithwaite
Represented By: Matthew B. McFarlane
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Counter defendant: Counsyl, Inc
Represented By: Michael Henry Page
Represented By: Josephine Young
Represented By: Kira A. Davis
Represented By: Jess M. Krannich
Represented By: Adam R. Brausa
Represented By: Tadahiro Kaburaki
Represented By: Rebecca Fett
Represented By: Dana E. Vallera
Represented By: Timothy Chen Saulsbury
Represented By: Mark A. Lemley
Represented By: Nicholas Groombridge
Represented By: Daralyn J. Durie
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Counter defendant: HSC Research and Development Limited Partnership
Represented By: Geoff D. Biegler
Represented By: Kristine E. Johnson
Represented By: Elizabeth M. Flanagan
Represented By: Michael R. McCarthy
Represented By: David G. Mangum
Represented By: C. Kevin Speirs
Represented By: Jonathan E. Singer
Represented By: Benjamin G. Jackson
Represented By: Richard E. Mrazik
Represented By: Brook B. Bond
Represented By: Matthew S. Gordon
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Counter defendant: University of Utah Research Foundation
Represented By: Geoff D. Biegler
Represented By: Kristine E. Johnson
Represented By: Elizabeth M. Flanagan
Represented By: Michael R. McCarthy
Represented By: David G. Mangum
Represented By: C. Kevin Speirs
Represented By: Jonathan E. Singer
Represented By: Benjamin G. Jackson
Represented By: Richard E. Mrazik
Represented By: Brook B. Bond
Represented By: Matthew S. Gordon
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Counter claimant: Pathway Genomics
Represented By: Mark M. Bettilyon
Represented By: Michael K. Erickson
Represented By: Lesli R. Gallagher
Represented By: Paul D. Tripodi, II
Represented By: Mica McKinney
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Counter claimant: Ambry Genetics
Represented By: Joseph A. Walkowski
Represented By: Daniel Greene
Represented By: Eric W. Hagen
Represented By: H. Dickson Burton
Represented By: William G. Gaede, III
Represented By: John C. Low
Represented By: Edgar R. Cataxinos
Represented By: Vanessa Lefort
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Undetermined: Labroratory Corporation of America Holdings
Represented By: Leslie T. Grab
Represented By: Susan A. Cahoon
Represented By: Elizabeth Mary Butler
Represented By: Nathan D. Thomas
Represented By: Matias Ferrario
Represented By: Brady L. Rasmussen
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Undetermined: AARP
Represented By: Barbara A. Jones
Represented By: John M. Mejia
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Undetermined: GeneDX
Represented By: Hemant K. Sabharwal
Represented By: Jeremiah B. Frueauf
Represented By: Nirav N. Desai
Represented By: Charles L. Roberts
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Undetermined: Gene by Gene
Represented By: Brent O. Hatch
Represented By: William G. Gaede, III
Represented By: Edgar R. Cataxinos
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Undetermined: American Civil Liberties Union Foundation of Utah
Represented By: Sandra S. Park
Represented By: Daniel Ravicher
Represented By: Lenora M. Lapidus
Represented By: John M. Mejia
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Undetermined: MDL Panel
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Undetermined: Association for Molecular Pathology
Represented By: John M. Mejia
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Undetermined: Public Patent Foundation
Represented By: John M. Mejia
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Undetermined: American Civil Liberties Union
Represented By: Sandra S. Park
Represented By: Daniel Ravicher
Represented By: Lenora M. Lapidus
Represented By: John M. Mejia
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Undetermined: Breast Cancer Action
Represented By: John M. Mejia
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In re: BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation
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