LabMD, Inc. v. The Privacy Institute et al
| LabMD, Inc. |
| Robert J. Boback, The Privacy Institute, Reed Smith, LLP, Tiversa Holding Corp., Brian J. Tarquinio and Jarrod D. Shaw |
| 1:2019cv00852 |
| June 26, 2019 |
| US District Court for the Eastern District of Virginia |
| Ivan D Davis |
| Anthony J Trenga |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Case transferred from Virginia Eastern has been opened in Western District of Pennsylvania as case 2:20-cv-00766. (aott) |
Filing 125
ORDERED that this action be, and the same hereby is, TRANSFERRED to the United States District Court for the Western District of Pennsylvania; that Defendant Robert J. Boback's Motion to Dismiss #70 , Defendant Tiversa Holding Corp's Motion to Dismiss #72 , and Defendant Reed Smith LLP's and Jarrod Shaw's Motion to Dismiss #76 be, and the same hereby are, referred to the Western District of Pennsylvania; that the hearing on the Motions #70 #72 #76 , currently scheduled for Friday, May 22, 2020 at 10:00 a.m., be, and the same hereby is, CANCELLED. Signed by District Judge Anthony J Trenga on 05/18/2020. (choy, )(Copies sent to counsel of record on 05/18/2020)
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| Case transferred to District of United States District Court for the Western District of Pennsylvania. Original file, certified copy of transfer order, and docket sheet sent. (choy, ) |
| Filing 124 AFFIDAVIT of Service for Summons and Amended Complaint served on Brian J. Tarquinio on May 11, 2020, filed by LabMD, Inc.. (Biss, Steven) |
| Filing 123 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #122 Reply to Response to Motion (Grimsley, Douglas) |
| Filing 122 REPLY to Response to Motion re #72 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue to filed by Tiversa Holding Corp.. (Attachments: #1 Exhibit 1)(Grimsley, Douglas) |
| Filing 121 REPLY to Response to Motion re #70 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction and Improper Venue filed by Robert J. Boback. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F)(Helsel, Scott) |
| Filing 120 CERTIFICATE of Service re #119 Reply to Response to Motion by Edward John Bennett on behalf of Reed Smith, LLP, Jarrod D. Shaw (Bennett, Edward) |
| Filing 119 REPLY to Response to Motion re #76 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue filed by Reed Smith, LLP, Jarrod D. Shaw. (Attachments: #1 Exhibit 15)(Bennett, Edward) |
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Filing 118
ORDERED that the Motion is GRANTED; The Clerk shall place 108 under seal. Signed by Magistrate Judge Ivan D. Davis on 05/06/2020. (choy, )(Copies sent to all counsel of record on 05/06/2020)
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Filing 117
ORDERED that Defendants Reed Smith, LLPs and Jarrod Shaws Motion to Strike or, In the Alternative, For Leave to File a Surreply #110 be, and the same hereby is, GRANTED in part and DENIED in part. The motion is granted to the extent the Court accepts as filed the attached memorandum and exhibit as a sur-reply; and it is otherwise denied; that Plaintiff LabMD, Inc.s Motion to Disqualify #66 be, and the same hereby is, DENIED; that the hearing on the Motion to Disqualify #66 and Motion to Strike or, In the Alternative, For Leave to File a Surreply #110 , currently scheduled for Friday, May 22, 2020, be, and the same hereby is, CANCELLED. Signed by District Judge Anthony J Trenga on 05/04/2020. (choy, )(Copies sent to counsel on 05/04/2020)
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Filing 116
ORDER that Tiversa Holding Corp's Consent Motion for Coordinated Hearing Date Regarding Motion to Dismiss the Amended Complaint is GRANTED; Tiversa HoldingCorp. is permitted to appear for, attend or otherwise participate in a May 22, 2020 hearing concerning its Motion to Dismiss LabMD, Inc.'s Amended Complaint through its pro hac vice counsel and without its Virginia counsel. Signed by District Judge Anthony J Trenga on 05/01/2020. (choy, )
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| Filing 115 NOTICE by Reed Smith, LLP, Jarrod D. Shaw re #106 MOTION to Seal , noting submission of motion on consent and without oral argument (Marx, Jared) |
| Set Hearings Motion Hearing set for 5/22/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (choy, ) |
| Filing 114 Memorandum in Opposition re #70 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction and Improper Venue, #72 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue to, #76 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue filed by LabMD, Inc.. (Attachments: #1 Affidavit A - Declaration of Michael J. Daugherty, #2 Exhibit B - OGR Report, #3 Exhibit C - ALJ Decision, #4 Exhibit D - R&R)(Biss, Steven) |
| Set Deadlines as to #110 MOTION to Strike #103 Reply to Response to Motion, or for Surreply,, #66 MOTION to Disqualify Counsel . Motion Hearing set for 5/22/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, ) |
| Filing 113 Notice of Hearing Date set for May 22 re #110 MOTION to Strike #103 Reply to Response to Motion, or for Surreply, (Marx, Jared) |
| Filing 112 Notice of Hearing Date set for May 22 re #66 MOTION to Disqualify Counsel (Marx, Jared) |
| Notice of Correction re #106 MOTION to Seal . The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (choy, ) |
| Filing 111 Memorandum in Support re #110 MOTION to Strike #103 Reply to Response to Motion, or for Surreply, PUBLIC REDACTED, filed by Reed Smith, LLP, Jarrod D. Shaw. (Attachments: #1 Affidavit of Robert Cary)(Marx, Jared) |
| Filing 110 MOTION to Strike #103 Reply to Response to Motion, or for Surreply, by Reed Smith, LLP, Jarrod D. Shaw. (Marx, Jared) |
| Filing 109 CERTIFICATE of Service re 108 Sealed Memorandum in Support by Jared Paul Marx on behalf of Reed Smith, LLP, Jarrod D. Shaw (Marx, Jared) |
| Filing 107 Notice of Under Seal Filing LCvR5 (B) by Reed Smith, LLP, Jarrod D. Shaw re #106 MOTION to Seal (Marx, Jared) |
| Filing 106 MOTION to Seal by Reed Smith, LLP, Jarrod D. Shaw. (Marx, Jared) |
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Filing 105
ORDERED that Plaintiff LabMD, Inc.'s Motion for Extension of Time to File Memoranda in Opposition to Defendants Tiversa Holding Corp., Robert J. Boback, Reed Smith, LLP and Jarrod Shaws motions to dismiss #70 #72 #76 is GRANTED; Plaintiff shall file its memoranda in opposition to Defendants motions to dismiss on or before April 30, 2020.Signed by District Judge Anthony J Trenga on 04/28/2020. (choy, )
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| Filing 104 MOTION for Extension of Time to File Response/Reply as to #70 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction and Improper Venue, #72 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue to, #76 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue (Unopposed Motion) by LabMD, Inc.. (Attachments: #1 Proposed Order)(Biss, Steven) |
| Filing 103 REPLY to Response to Motion re #66 MOTION to Disqualify Counsel filed by LabMD, Inc.. (Attachments: #1 Exhibit A - Declaration of Michael Daugherty, #2 Exhibit B - Declaration of James Hawkins, #3 Exhibit C - Declaration of Daniel Regard, #4 Exhibit D - Pierson Email)(Biss, Steven) |
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Filing 102
ORDERED that the Motion is GRANTED. The Clerk shall place Dkt. Nos. 97 , 97 -1, and 97 -2 under seal. Signed by Magistrate Judge Ivan D. Davis on 04/21/2020. (choy, )
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| Filing 101 Memorandum in Opposition re #66 MOTION to Disqualify Counsel , PUBLIC REDACTED, filed by Reed Smith, LLP, Jarrod D. Shaw. (Attachments: #1 Affidavit, Public Redacted, of Robert Cary, #2 Affidavit, Public Redacted, of Bernard J. DiMuro, Esq.)(Marx, Jared) |
| Filing 100 CERTIFICATE of Service re 97 Sealed Response/Reply/Opposition by Jared Paul Marx on behalf of Reed Smith, LLP, Jarrod D. Shaw (Marx, Jared) |
| Filing 99 Memorandum in Support re #95 MOTION to Seal filed by Reed Smith, LLP, Jarrod D. Shaw. (Marx, Jared) |
| Filing 98 AFFIDAVIT re 97 Sealed Response/Reply/Opposition by Reed Smith, LLP, Jarrod D. Shaw. (Marx, Jared) |
| Filing 96 Notice of Filing Sealing Motion LCvR5(C) by Reed Smith, LLP, Jarrod D. Shaw re #95 MOTION to Seal (Marx, Jared) |
| Filing 95 MOTION to Seal by Reed Smith, LLP, Jarrod D. Shaw. (Attachments: #1 Proposed Order)(Marx, Jared) |
| Set Deadlines as to #76 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue, #70 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction and Improper Venue. Motion Hearing set for 5/22/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, ) |
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Filing 94
ORDER Granting #86 Motion for Pro hac vice for Thomas Brent Mason. Signed by District Judge Anthony J Trenga on 04/10/2020. (choy, )
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| Filing 93 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #92 Waiver of Hearing on Consented to Motion for Coordinated Hearing Date (Grimsley, Douglas) |
| Filing 92 Waiver of re #90 Consent MOTION for Hearing re #82 Notice of Hearing Date Consented to Motion for Coordinated Hearing Date re Motion to Dismiss Amended Complaint by Tiversa Holding Corp. (Grimsley, Douglas) |
| Filing 91 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #90 Consent MOTION for Hearing re #82 Notice of Hearing Date Consented to Motion for Coordinated Hearing Date re Motion to Dismiss Amended Complaint (Grimsley, Douglas) |
| Filing 90 Consent MOTION for Hearing re #82 Notice of Hearing Date Consented to Motion for Coordinated Hearing Date re Motion to Dismiss Amended Complaint by Tiversa Holding Corp.. (Attachments: #1 Proposed Order)(Grimsley, Douglas) |
| Filing 89 CERTIFICATE of Service re #88 Notice of Hearing Date by Edward John Bennett on behalf of Reed Smith, LLP, Jarrod D. Shaw (Bennett, Edward) |
| Filing 88 Notice of Hearing Date re #76 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue (Bennett, Edward) |
| Filing 87 Notice of Hearing Date re #70 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction and Improper Venue (Helsel, Scott) |
| Filing 86 Motion to appear Pro Hac Vice by Thomas B. Mason and Certification of Local Counsel Jared Paul Marx Filing fee $ 75, receipt number 0422-7153852. by Reed Smith, LLP, Jarrod D. Shaw. (Marx, Jared) |
| Filing 85 NOTICE of Appearance by Jared Paul Marx on behalf of Reed Smith, LLP, Jarrod D. Shaw (Marx, Jared) |
| Filing 84 Notice of Hearing Date re #70 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction and Improper Venue (Helsel, Scott) |
| Filing 83 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #82 Notice of Hearing Date (Grimsley, Douglas) |
| Filing 82 Notice of Hearing Date Tiversa re #72 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue to (Grimsley, Douglas) |
| Filing 81 CERTIFICATE of Service re #78 Notice of Hearing Date by Edward John Bennett on behalf of Reed Smith, LLP, Jarrod D. Shaw (Bennett, Edward) |
| Filing 80 CERTIFICATE of Service re #77 Memorandum in Support,, by Edward John Bennett on behalf of Reed Smith, LLP, Jarrod D. Shaw (Bennett, Edward) |
| Filing 79 CERTIFICATE of Service re #76 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue by Edward John Bennett on behalf of Reed Smith, LLP, Jarrod D. Shaw (Bennett, Edward) |
| Filing 78 Notice of Hearing Date re #76 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue (Bennett, Edward) |
| Filing 77 Memorandum in Support re #76 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue filed by Reed Smith, LLP, Jarrod D. Shaw. (Attachments: #1 Affidavit Declaration of Peter Kennedy, #2 Affidavit Declaration of Jarrod Shaw, #3 Affidavit Declaration of Edward Bennett, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14)(Bennett, Edward) |
| Filing 76 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue by Reed Smith, LLP, Jarrod D. Shaw. (Attachments: #1 Proposed Order)(Bennett, Edward) |
| Filing 75 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #74 Memorandum in Support, (Grimsley, Douglas) |
| Filing 74 Memorandum in Support re #72 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue to filed by Tiversa Holding Corp.. (Attachments: #1 Declaration of Griffin Schultz)(Grimsley, Douglas) |
| Filing 73 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #72 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue to (Grimsley, Douglas) |
| Filing 72 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue to by Tiversa Holding Corp.. (Attachments: #1 Proposed Order)(Grimsley, Douglas) |
| Filing 71 Memorandum in Support re #70 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction and Improper Venue filed by Robert J. Boback. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Helsel, Scott) |
| Filing 70 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction and Improper Venue by Robert J. Boback. (Attachments: #1 Proposed Order Proposed Order)(Helsel, Scott) |
| Notice of Correction re #70 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction and Improper Venue. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (choy, ) |
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Filing 69
ORDERED that Defendant Reed Smith LLP's and Jarrod Shaw's Motion to Dismiss #28 be, and the same hereby is, DENIED as moot; that Defendant Robert J. Boback's Motion to Dismiss Complaint Under Rules 12(b)(2), (3), and (6) #34 be, and the same hereby is, DENIED as moot; that Defendant Tiversa Holding Corp. Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(3), and 12(b)(6) #42 be, and the same hereby is, DENIED as moot; that the hearing on Motions [28,34,42], currently scheduled for Friday, April 10, 2020 at 10:00 a.m., be and the same, hereby is, CANCELLED. Signed by District Judge Anthony J Trenga on 03/19/2020. (choy, )
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| Notice of Correction re #66 MOTION to Disqualify Counsel . The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument (choy, ) |
| Filing 68 AMENDED COMPLAINT against All Defendants, filed by LabMD, Inc..(Biss, Steven) |
| Filing 67 Memorandum in Support re #66 MOTION to Disqualify Counsel filed by LabMD, Inc.. (Attachments: #1 Exhibit A - Cary Email, #2 Exhibit B - 7.16.19 Email)(Biss, Steven) |
| Filing 66 MOTION to Disqualify Counsel by LabMD, Inc.. (Biss, Steven) |
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Filing 65
Order Rule 16(b) Scheduling Order. Because the parties' Proposed Amended Joint Discovery Plan #64 adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for March 18, 2020, pursuant to Rule 16(b) and this Court's February 25, 2020, Order, is cancelled. Upon consideration of the representations made by the parties in their Proposed Amended Joint Discovery Plan, the Court makes the following rulings: The parties' Amended Joint Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the Court. See order for further details. Signed by Magistrate Judge Ivan D. Davis on 3/16/2020. (lgue, )
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| Filing 64 [Proposed] Amended Joint Discovery Plan by Robert J. Boback.(Helsel, Scott) |
| Filing 63 [Proposed] Joint Discovery Plan by Robert J. Boback.(Helsel, Scott) |
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Filing 62
ORDER Granting #59 Motion for Pro hac vice for David Randall Jeffrey Riskin. Signed by District Judge Anthony J Trenga on 03/02/2020. (choy, )
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Filing 61
ORDER Granting #58 Motion for Pro hac vice for Andrew Wheeler Rudge. Signed by District Judge Anthony J Trenga on 03/02/2020. (choy, )
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Filing 60
ORDER Granting #57 Motion for Pro hac vice for Margaret Anne Keeley. Signed by District Judge Anthony J Trenga on 03/02/2020. (choy, )
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| Filing 59 Motion to appear Pro Hac Vice by David R.J. Riskin and Certification of Local Counsel Edward Bennett Filing fee $ 75, receipt number 0422-7098183. by Reed Smith, LLP, Jarrod D. Shaw. (Bennett, Edward) |
| Filing 58 Motion to appear Pro Hac Vice by Andrew W. Rudge and Certification of Local Counsel Edward Bennett Filing fee $ 75, receipt number 0422-7098182. by Reed Smith, LLP, Jarrod D. Shaw. (Bennett, Edward) |
| Filing 57 Motion to appear Pro Hac Vice by Margaret A. Keeley and Certification of Local Counsel Edward Bennett Filing fee $ 75, receipt number 0422-7098176. by Reed Smith, LLP, Jarrod D. Shaw. (Bennett, Edward) |
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Filing 56
ORDER Granting #49 Motion for Pro hac vice for Brett Wray Farrar. Signed by District Judge Anthony J Trenga on 02/26/2020. (choy, )
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Filing 55
ORDER Granting #37 Motion for Pro hac vice for David John Berardinelli. Signed by District Judge Anthony J Trenga on 02/26/2020. (choy, )
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Filing 54
ORDER Granting #50 Motion for Pro hac vice for Steven William Zoffer. Signed by District Judge Anthony J Trenga on 02/26/2020. (choy, )
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Filing 53
ORDER Granting #39 Motion for Pro hac vice for Daniel McArdle Booker.. Signed by District Judge Anthony J Trenga on 02/26/2020. (choy, )
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| Filing 52 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #50 Motion to appear Pro Hac Vice by Steven W. Zoffer and Certification of Local Counsel Douglas M. Grimsley Filing fee $ 75, receipt number 0422-7090978. (Grimsley, Douglas) |
| Filing 51 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #49 Motion to appear Pro Hac Vice by Brett W. Farrar and Certification of Local Counsel Dougas M. Grimsley Filing fee $ 75, receipt number 0422-7090920. (Grimsley, Douglas) |
| Filing 50 Motion to appear Pro Hac Vice by Steven W. Zoffer and Certification of Local Counsel Douglas M. Grimsley Filing fee $ 75, receipt number 0422-7090978. by Tiversa Holding Corp.. (Grimsley, Douglas) |
| Filing 49 Motion to appear Pro Hac Vice by Brett W. Farrar and Certification of Local Counsel Dougas M. Grimsley Filing fee $ 75, receipt number 0422-7090920. by Tiversa Holding Corp.. (Grimsley, Douglas) |
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Filing 48
SCHEDULING ORDER: Initial Pretrial Conference set for 3/18/2020 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 7/16/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Discovery due by 7/10/2020. Signed by District Judge Anthony J. Trenga on 2/25/2020. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir)
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| Set Deadlines as to #28 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 4/10/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (klau, ) |
| Set Deadlines as to #34 MOTION to Dismiss for Failure to State a Claim and For Lack of Personal Jurisdiction and Improper Venue. Motion Hearing set for 4/10/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (klau, ) |
| Set Deadlines as to #42 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue. Motion Hearing set for 4/10/2020 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (klau, ) |
| Filing 47 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #46 Notice of Hearing Date (Grimsley, Douglas) |
| Filing 46 Notice of Hearing Date set for April 10, 2020 re #42 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue (Grimsley, Douglas) |
| Filing 45 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #44 Memorandum in Support, (Grimsley, Douglas) |
| Filing 44 Memorandum in Support re #42 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue filed by Tiversa Holding Corp.. (Attachments: #1 Declaration of Griffin Schultz)(Grimsley, Douglas) |
| Filing 43 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #42 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue (Grimsley, Douglas) |
| Filing 42 MOTION to Dismiss for Failure to State a Claim , Lack of Personal Jurisdiction, and Improper Venue by Tiversa Holding Corp.. (Attachments: #1 Proposed Order)(Grimsley, Douglas) |
| Filing 41 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #40 Corporate Disclosure Statement (Grimsley, Douglas) |
| Filing 40 Corporate Disclosure Statement by Tiversa Holding Corp.. (Grimsley, Douglas) |
| Filing 39 Motion to appear Pro Hac Vice by Daniel McArdle Booker and Certification of Local Counsel Scott D. Helsel Filing fee $ 75, receipt number 0422-7089110. by Robert J. Boback. (Helsel, Scott) |
| Filing 38 CERTIFICATE OF SERVICE by Tiversa Holding Corp. re #27 Notice of Appearance (Grimsley, Douglas) |
| Filing 37 Motion to appear Pro Hac Vice by David John Berardinelli and Certification of Local Counsel Scott D. Helsel Filing fee $ 75, receipt number 0422-7089098. by Robert J. Boback. (Helsel, Scott) |
| Filing 36 Notice of Hearing Date re #34 MOTION to Dismiss for Failure to State a Claim and For Lack of Personal Jurisdiction and Improper Venue (Helsel, Scott) |
| Filing 35 Memorandum in Support re #34 MOTION to Dismiss for Failure to State a Claim and For Lack of Personal Jurisdiction and Improper Venue filed by Robert J. Boback. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D)(Helsel, Scott) |
| Filing 34 MOTION to Dismiss for Failure to State a Claim and For Lack of Personal Jurisdiction and Improper Venue by Robert J. Boback. (Attachments: #1 Proposed Order Proposed Order)(Helsel, Scott) |
| Filing 33 CERTIFICATE of Service re #30 Notice of Hearing Date by Edward John Bennett on behalf of Reed Smith, LLP, Jarrod D. Shaw (Bennett, Edward) |
| Filing 32 CERTIFICATE of Service re #29 Memorandum in Support,, by Edward John Bennett on behalf of Reed Smith, LLP, Jarrod D. Shaw (Bennett, Edward) |
| Filing 31 CERTIFICATE of Service re #28 MOTION to Dismiss for Failure to State a Claim by Edward John Bennett on behalf of Reed Smith, LLP, Jarrod D. Shaw (Bennett, Edward) |
| Filing 30 Notice of Hearing Date April 10, 2020 re #28 MOTION to Dismiss for Failure to State a Claim (Bennett, Edward) |
| Filing 29 Memorandum in Support re #28 MOTION to Dismiss for Failure to State a Claim filed by Reed Smith, LLP, Jarrod D. Shaw. (Attachments: #1 Affidavit Declaration of Peter Kennedy, #2 Affidavit Declaration of Jarrod Shaw, #3 Affidavit Declaration of Edward Bennett, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14)(Bennett, Edward) |
| Filing 28 MOTION to Dismiss for Failure to State a Claim by Reed Smith, LLP, Jarrod D. Shaw. (Attachments: #1 Proposed Order)(Bennett, Edward) |
| Filing 27 NOTICE of Appearance by Douglas Michael Grimsley on behalf of Tiversa Holding Corp. (Grimsley, Douglas) |
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Filing 26
SO ORDERED that the Motion for Extension of Time to File Answer is GRANTED; that Boback, Tiversa, Reed Smith, and Shaw shall respond to the complaint #1 by February 24, 2020. Signed by Magistrate Judge Ivan D. Davis on 01/14/2020. (choy, )(Copies mailed to counsel of record on 01/14/2020)
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| Filing 25 CERTIFICATE of Service re #24 Notice of Hearing Date by Edward John Bennett on behalf of Robert J. Boback, Reed Smith, LLP, Jarrod D. Shaw, Tiversa Holding Corp. (Bennett, Edward) |
| Filing 24 Notice of Hearing Date (Waiver) re #22 MOTION for Extension of Time to File Answer re #1 Complaint, (Bennett, Edward) |
| Filing 23 CERTIFICATE of Service re #22 MOTION for Extension of Time to File Answer re #1 Complaint, by Edward John Bennett on behalf of Robert J. Boback, Reed Smith, LLP, Jarrod D. Shaw, Tiversa Holding Corp. (Bennett, Edward) |
| Filing 22 MOTION for Extension of Time to File Answer re #1 Complaint, by Robert J. Boback, Reed Smith, LLP, Jarrod D. Shaw, Tiversa Holding Corp.. (Attachments: #1 Proposed Order)(Bennett, Edward) |
| Filing 21 NOTICE by LabMD, Inc. Regarding Service of Process (Biss, Steven) |
| Filing 20 Summons Issued as to Robert J. Boback, Reed Smith, LLP, Jarrod D. Shaw, Brian J. Tarquinio, The Privacy Institute, Tiversa Holding Corp.. NOTICE TO ATTORNEY: Print out two Electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(choy, ) |
| Filing 19 Proposed Summons re #1 Complaint, by LabMD, Inc.. (Biss, Steven) |
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Filing 18
ORDERED that Plaintiff, within twenty-one (21) days of the date of this Order, file proofs of service, indicating service to the defendants named in this action, and absent such filings, this action will be dismissed pursuant to Fed.R.Civ.P.4(m). Signed by District Judge Anthony J Trenga on 12/03/2019. (choy, )(c/s)
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| Filing 17 Response to #16 Order to Show Cause filed by LabMD, Inc.. (Biss, Steven) |
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Filing 16
ORDERED that the Plaintiff, within ten (10) days of the date of this Order, show cause, if any there be, why this case should not be dismissed pursuant to Fed. R. Civ. P.4(m). Signed by District Judge Anthony J Trenga on 11/18/2019. (choy, )
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Filing 15
ORDER denying without prejudice #8 Motion for Extension of Time to Answer. Signed by Magistrate Judge Ivan D. Davis on 7/23/2019. (rban, )
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| Filing 14 NOTICE of Appearance by Dane Hal Butswinkas on behalf of Reed Smith, LLP, Jarrod D. Shaw (Butswinkas, Dane) |
| Filing 13 Memorandum in Opposition re #8 First MOTION for Extension of Time to File Answer re #1 Complaint, filed by LabMD, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Biss, Steven) |
| Filing 12 Financial Interest Disclosure Statement (Local Rule 7.1) by LabMD, Inc.. (Biss, Steven) |
| Set Deadlines as to #8 First MOTION for Extension of Time to File Answer re #1 Complaint, . Motion Hearing set for 7/26/2019 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (clar, ) |
| MOTIONS REFERRED to Magistrate Judge: Davis. #8 First MOTION for Extension of Time to File Answer re #1 Complaint, (clar, ) |
| Notice of Correction re #11 Certificate of Service, #9 Certificate of Service An incomplete, document was filed(clar, ) |
| Filing 11 CERTIFICATE OF SERVICE by Reed Smith, LLP re #10 Notice of Hearing Date (Bennett, Edward) |
| Filing 10 Notice of Hearing Date re #8 First MOTION for Extension of Time to File Answer re #1 Complaint, (Bennett, Edward) |
| Filing 9 CERTIFICATE OF SERVICE by Reed Smith, LLP re #8 First MOTION for Extension of Time to File Answer re #1 Complaint, (Bennett, Edward) |
| Filing 8 First MOTION for Extension of Time to File Answer re #1 Complaint, by Reed Smith, LLP. (Attachments: #1 Proposed Order)(Bennett, Edward) |
| Filing 7 CERTIFICATE OF SERVICE by Reed Smith, LLP re #6 Corporate Disclosure Statement (Bennett, Edward) |
| Filing 6 Corporate Disclosure Statement by Reed Smith, LLP. (Attachments: #1 Exhibit List of Reed Smith Professionals)(Bennett, Edward) |
| Filing 5 CERTIFICATE OF SERVICE by Jarrod D. Shaw re #3 Notice of Appearance (Bennett, Edward) |
| Filing 4 CERTIFICATE OF SERVICE by Reed Smith, LLP re #2 Notice of Appearance (Bennett, Edward) |
| Filing 3 NOTICE of Appearance by Edward John Bennett on behalf of Jarrod D. Shaw (Bennett, Edward) |
| Filing 2 NOTICE of Appearance by Edward John Bennett on behalf of Reed Smith, LLP (Bennett, Edward) |
| Filing 1 Complaint against Tiversa Holding Corp., The Privacy Institute, Brian J. Tarquinio, Jarrod D. Shaw, Reed Smith, LLP and Robert J. Boback , filed by LabMD, Inc.. (Attachments: #1 Civil Cover Sheet)(Biss, Steven) Modified on 6/26/2019 to add Deft parties. (choy, ) |
| Electronic Fee Payment - as to #1 Complaint by LabMD, Inc.. Filing fee $ 400, receipt number 0422-6710236.. (Biss, Steven) |
| Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge Ivan D. Davis. (choy, ) |
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