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Case number 1:23-cv-00126

Oracle Corporation v. Vilox Technologies, LLC > Documents

Date Field Doc. No.Description (Pages)
Oct 11, 2023 50 Official Transcript of Motion Hearing held on 07/27/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 11/1/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/9/2024. (dh) (Entered: 10/11/2023) (0)
Oct 11, 2023 N/A Remark - The NEFs for D.I. Nos. 48 and 49 have been emailed to wramey@rameyfirm.com; LitParalegals@rameyfirm.com; litattorneys@rameyfirm.com; josephdebellis@gmail.com. (dlw) (Entered: 10/11/2023) (0)
Oct 11, 2023 49 ORAL ORDER - Vilox Technologies, LLC was told on March 20, 2023 that it had 30 days to comply with Local Rule 83.5. To date it has not done so. THEREFORE IT IS HEREBY ORDERED that, if Vilox Technologies, LLC does not comply with Local Rule 83.5 by October 18, 2023, the Court will enter default for failure to plead or otherwise defend this case. IT IS FURTHER ORDERED that Defendants have until October 18, 2023 to respond to Plaintiff's Motion to Dismiss Joseph L. De Bellis' Counterclaim. ORDERED by Judge Maryellen Noreika on 10/11/2023. (dlw) (Entered: 10/11/2023) (0)
Oct 11, 2023 48 ORAL ORDER - Having failed to show cause in response to the Court's September 11, 2023 Oral Order (D.I. 43), IT IS HEREBY ORDERED that Defendant Vilox Technologies, LLC's Answer to the Complaint 42 is STRICKEN. ORDERED by Judge Maryellen Noreika on 10/11/2023. (dlw) (Entered: 10/11/2023) (0)
Oct 11, 2023 47 ORAL ORDER - It has come to the Court's attention that the parties have submitted to the Clerk's Office proposed stipulations extending time. Each of the stipulations includes Vilox Technologies, LLC, an entity for which no local counsel has appeared in violation of Local Rule 83.5. Moreover, the only signature on the stipulations is Joseph L. De Bellis, who is not an attorney and who cannot represent Vilox Technologies, LLC. THEREFORE, the Court will not docket the most recent submissions received by the Clerk's Office and will not grant the requested extensions. ORDERED by Judge Maryellen Noreika on 10/11/2023. ***Copy emailed to: wramey@rameyfirm.com; LitParalegals@rameyfirm.com; litattorneys@rameyfirm.com; josephdebellis@gmail.com 10/11/2023*** (dlw) (Entered: 10/11/2023) (0)
Sep 25, 2023 46 OPENING BRIEF in Support re 45 MOTION to Dismiss 41 Counterclaim for Failure to State a Claim filed by Oracle Corporation. Answering Brief/Response due date per Local Rules is 10/10/2023. (Egan, Brian) Modified on 9/26/2023 (dlw). (Entered: 09/25/2023) (10)
Sep 25, 2023 45 MOTION to Dismiss 41 Counterclaim for Failure to State a Claim - filed by Oracle Corporation. (Egan, Brian) Modified on 9/26/2023 (dlw). (Entered: 09/25/2023) (4)
Sep 25, 2023 44 ORAL ORDER Setting Teleconference: A Telephone Conference is scheduled for December 4, 2023 at 10:00 AM before Judge Jennifer L. Hall to discuss ADR. Plaintiff's counsel shall initiate the call to chambers. Ordered by Judge Jennifer L. Hall on 9/25/2023. ***Copy emailed to: wramey@rameyfirm.com; LitParalegals@rameyfirm.com; litattorneys@rameyfirm.com; josephdebellis@gmail.com 9/25/2023*** Associated Cases: 1:23-cv-00126-MN, 1:23-cv-00302-MN(ceg) (Entered: 09/25/2023) (0)
Sep 13, 2023 N/A Remark: Courtesy copy of D.I. 42 received on 9/13/2023. (jfm) (Entered: 09/13/2023) (0)
Sep 11, 2023 N/A Remark - The NEF for D.I. 42 (Vilox Technologies, LLC answer to Amended Complaint) has been emailed to: wramey@rameyfirm.com; LitParalegals@rameyfirm.com; litattorneys@rameyfirm.com; josephdebellis@gmail.com. (dlw) (Entered: 09/11/2023) (0)
Sep 11, 2023 43 ORAL ORDER re 42 Answer to Amended Complaint -IT IS HEREBY ORDERED that, on or before 9/15/2023, Vilox Technologies, LLC shall SHOW CAUSE why its answer to the Amended Complaint should not be stricken for failure to comply with Rule 83.5(d) of the Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware. ORDERED by Judge Maryellen Noreika on 9/11/2023. ***Copy emailed to wramey@rameyfirm.com; LitParalegals@rameyfirm.com; litattorneys@rameyfirm.com; josephdebellis@gmail.com 9/11/2023*** (dlw) (Entered: 09/11/2023) (0)
Sep 11, 2023 42 Defendant Vilox Technologies, LLC's ANSWER to Amended Complaint for Declaratory Judgment and Breach of Contract re: 33 Amended Complaint with Jury Demand by Vilox Technologies, LLC.(dlw) (Entered: 09/11/2023) (9)
Sep 8, 2023 41 ANSWER to 33 Amended Complaint with COUNTERCLAIM against Oracle Corporation with Jury Demand - filed by Joseph L. De Bellis.(twk) (Entered: 09/08/2023) (11)
Sep 1, 2023 40 Letter to The Honorable Maryellen Noreika from Brian P. Egan regarding request to unseal certain docket entries - re (39 in 1:23-cv-00126-MN, 66 in 1:23-cv-00302-MN) Letter. (Egan, Brian) (Entered: 09/01/2023) (1)
Aug 25, 2023 N/A Remark - Pursuant to D.I. 39, D.I. 2, 25, and 33 have been unsealed. (dlw) (Entered: 08/25/2023) (0)
Aug 24, 2023 39 Letter to The Honorable Maryellen Noreika from Brian P. Egan regarding request to unseal documents. (Egan, Brian) (Entered: 08/24/2023) (2)
Aug 14, 2023 38 ORAL ORDER Setting Teleconference: A Telephone Conference is scheduled for September 25, 2023 at 10:00 AM before Judge Jennifer L. Hall to discuss ADR. Plaintiff's counsel shall initiate the call to chambers. Ordered by Judge Jennifer L. Hall on 8/14/2023. ***Copy emailed to: wramey@rameyfirm.com; LitParalegals@rameyfirm.com; litattorneys@rameyfirm.com; josephdebellis@gmail.com 8/15/2023*** Associated Cases: 1:23-cv-00126-MN, 1:23-cv-00302-MN (ceg) Modified on 8/15/2023 (ceg). (Entered: 08/14/2023) (0)
Aug 9, 2023 37 ORDER Setting Teleconference: A Telephone Conference is scheduled for August 14, 2023 at 10:00 AM before Judge Jennifer L. Hall to discuss ADR. Plaintiff's counsel shall initiate the call to chambers. (*See Order for details). Signed by Judge Jennifer L. Hall on 8/9/2023. (ceg) (Entered: 08/09/2023) (3)
Aug 7, 2023 36 ORAL ORDER REFERRING CASE to Magistrate Jennifer L. Hall for Mediation - IT IS HEREBY ORDERED that these matters are referred to Judge Jennifer L. Hall for mediation. ORDERED by Judge Maryellen Noreika on 8/7/2023. ***Copy emailed to: wramey@rameyfirm.com; LitParalegals@rameyfirm.com; litattorneys@rameyfirm.com; josephdebellis@gmail.com 8/7/2023*** (dlw) (Entered: 08/07/2023) (0)
Jul 27, 2023 N/A Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held on 7/27/2023 re pending motions. The Motion to Intervene and Substitute is GRANTED-IN-PART and DENIED-IN-PART; Dr. De Bellis may join C.A. No. 23-302, but Vilox Technologies LLC will remain in the case. Vilox LLC is terminated. The Motion to Withdraw as Counsel is DENIED, but may be renewed at a later time if appropriate. The Motion to Dismiss in 23-302-MN is GRANTED and the complaint is DISMISSED without prejudice; plaintiffs are given leave to amend the complaint within 45 days. These cases are referred to the Magistrate Judge for exploring ADR. The transcript shall serve as the Court's order. (Court Reporter Dale Hawkins.) Associated Cases: 1:23-cv-00126-MN, 1:23-cv-00302-MN(mdb) Modified on 7/27/2023 (mdb). (Entered: 07/27/2023) (0)
Jul 27, 2023 35 SUMMONS Returned Executed by Oracle Corporation.Joseph L. De Bellis served on 7/26/2023, answer due 8/16/2023. (Egan, Brian) (Entered: 07/27/2023) (2)
Jul 27, 2023 N/A CORRECTING ENTRY: The docket text of the 7/27/2023 minute entry has been corrected to reflect that the motion to dismiss was granted and the complaint dismissed without prejudice. Associated Cases: 1:23-cv-00302-MN, 1:23-cv-00126-MN(mdb) (Entered: 07/27/2023) (0)
Jul 25, 2023 34 Amended Complaint* (1)
Jul 25, 2023 34 REDACTED VERSION of 33 Amended Complaint by Oracle Corporation. (Attachments: # 1 Exhibits 1-3)(Egan, Brian) (Entered: 07/25/2023) (0)
Jul 25, 2023 33 AMENDED COMPLAINT for Declaratory Judgment and Breach of Contract against Vilox Technologies, LLC, Joseph L. De Bellis - filed by Oracle Corporation. (Attachments: # 1 Exhibits 1-3, # 2 Summons Forms - Unsigned)(Egan, Brian) Modified on 7/26/2023 (dlw). (Additional attachment(s) added on 7/26/2023: # 3 Redlined Comparison) (dlw). Modified on 8/25/2023 (dlw). ***UNSEALED Pursuant to D.I. 39 *** (Entered: 07/25/2023) (0)
Jul 25, 2023 32 ORDER GRANTING (31 in case 1:23-cv-00126-MN; 62 in case 1:23-cv-00302-MN) MOTION for Exemption of Person from the District of Delaware's May 15, 2023 Standing Order on Personal Devices. Signed by Judge Maryellen Noreika on 7/25/2023. (dlw) (Entered: 07/25/2023) (1)
Jul 25, 2023 31 MOTION for Exemption of Person from the District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Oracle Corporation. (Attachments: # 1 [Proposed] Order)(Blumenfeld, Jack) (Entered: 07/25/2023) (0)
Jul 20, 2023 30 ORAL ORDER DENYING (28) Motion to Continue in case 1:23-cv-00126-MN, (59) Motion to Continue in case 1:23-cv-00302-MN - IT IS HEREBY ORDERED that the motions are DENIED. The hearing shall take place as scheduled. ORDERED by Judge Maryellen Noreika on 7/20/2023. ***Copy emailed to: wramey@rameyfirm.com; LitParalegals@rameyfirm.com; litattorneys@rameyfirm.com; josephdebellis@gmail.com 7/20/2023*** (dlw) (Entered: 07/20/2023) (0)
Jul 19, 2023 29 RESPONSE to Motion re 28 MOTION to Continue filed by Oracle Corporation. (Egan, Brian) Modified on 7/20/2023 (dlw). (Entered: 07/19/2023) (5)
Jul 19, 2023 28 MOTION to Continue Hearing set for 7/27/2023 filed by Vilox Technologies' CEO, Dr. Joseph L. De Bellis. (Attachments: # 1 Certificate of Service)(jdb) (Entered: 07/19/2023) (0)
Jul 10, 2023 27 ORAL ORDER Setting Hearing on (16 in 1:23-cv-00126-MN) MOTION for William P. Ramey, III to Withdraw as Attorney, (22 in 1:23-cv-00126-MN) MOTION to Intervene, (46 in 1:23-cv-00302-MN) MOTION for William P. Ramey, III to Withdraw as Attorney, (53 in 1:23-cv-00302-MN) MOTION to Intervene, (21 in 1:23-cv-00302-MN) MOTION to Dismiss PURSUANT TO FED. R. CIV. P. 12(B)(1) AND 12(B)(6) - IT IS HEREBY ORDERED that a Motion Hearing is set for 7/27/2023 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. The Court is setting aside 40 minutes for the hearing with the time split equally between the parties. Any slide presentations the parties wish to use shall be emailed (in PDF format) to MN_Civil@ded.uscourts.gov no later than 24 hours prior to the hearing with hard copies delivered to the Clerk's Office within one (1) hour thereafter. Counsel may, however, agree upon a different time to exchange their respective slides. IT IS FURTHER ORDERED that William P. Ramey, III and Joseph L. DeBellis, M.D. shall appear in Court for these proceedings. ***Copy emailed to: wramey@rameyfirm.com; LitParalegals@rameyfirm.com; litattorneys@rameyfirm.com 7/10/2023*** ***Copy mailed to Dr. DeBellis, 282 Edge of Woods Road, Southampton, NY 11968 7/10/2023*** ORDERED by Judge Maryellen Noreika on 7/10/2023. (dlw) (Entered: 07/10/2023) (0)
Jun 20, 2023 26 REDACTED VERSION of 25 Response to Motion by Oracle Corporation. (Egan, Brian) (Entered: 06/20/2023) (15)
Jun 13, 2023 25 RESPONSE to Motion re 22 MOTION to Intervene and Substitute filed by Oracle Corporation. (Egan, Brian) Modified on 8/25/2023 (dlw). ***UNSEALED Pursuant to D.I. 39 . (Entered: 06/13/2023) (15)
Jun 2, 2023 24 Letter to The Honorable Maryellen Noreika from Brian P. Egan regarding Standing Order - re (52 in 1:23-cv-00302-MN, 21 in 1:23-cv-00126-MN) Oral Order,,,,. (Egan, Brian) (Entered: 06/02/2023) (3)
May 30, 2023 23 OPENING BRIEF in Support of D.I. 53 MOTION to Intervene and Opposed MOTION to Substitute Plaintiff/Defendant filed by Vilox Technologies, LLC. Answering Brief/Response due date per Local Rules is 6/13/2023. (Attachments: # 1 Exhibit)(smg) (Entered: 05/30/2023) (0)
May 30, 2023 22 MOTION to Intervene and Opposed MOTION to Substitute Plaintiff/Defendant - filed by Vilox Technologies, LLC. (Attachments: # 1 Text of Proposed Order)(smg) (Entered: 05/30/2023) (0)
May 30, 2023 21 ORAL ORDER - On 5/25/2023, the Court issued an Oral Order stating in part that "[t]he Court will not...accept further ex parte emails." Nevertheless, on 5/30/2023, the Court received an ex parte email stating: "We are not attempting to have an ex parte communication entered into the files. By the attached letter, we are attempting to comply with this Court's orders. Will you please provide the Honorable Judge Noreika the attached letter." The Court does not accept ex parte communications. The Court notes, however, that the referenced "attached letter" states that the patents-in-suit are "no longer owned by Vilox Technologies LLC or Vilox LLC" and those companies "no longer [have] standing." In light of counsel's representation, it appears that this Court does not have subject matter jurisdiction over these matters. On or before 6/2/2023, Oracle Corporation shall submit to the Court a letter addressing the standing issue. ORDERED by Judge Maryellen Noreika on 5/30/2023. ***Copy emailed to: wramey@rameyfirm.com; LitParalegals@rameyfirm.com; litattorneys@rameyfirm.com 5/30/2023*** (dlw) (Entered: 05/30/2023) (0)
May 25, 2023 20 ORAL ORDER - On 5/15/2023, in C.A. No. 23-302 (MN), Vilox was ordered (for the third time) to obtain local counsel on or before 5/30/2023. Today, the Court received an ex parte email in C.A. No. 23-126 (MN) and in 23-302 (MN), requesting the Court docket filings because Vilox "still does not have local Delaware counsel." The Court will not docket the filings and will not accept further ex parte emails. ORDERED by Judge Maryellen Noreika on 5/25/2023. ***Copy emailed to: wramey@rameyfirm.com; LitParalegals@rameyfirm.com; litattorneys@rameyfirm.com 5/25/2023*** (dlw) (Entered: 05/25/2023) (0)
May 15, 2023 19 ORAL ORDER re 17 MOTION to Stay - Defendant's motion to stay 17 was filed by its CEO, Dr. Joseph L. DeBillis, MD, an individual who does not appear to be a licensed attorney. (See D.I. 17 & 18). Corporations may appear in federal court only through licensed counsel. See Rowland v. California Mens Colony, Unit II Mens Advisory Council, 506 U.S. 194, 201-02 (1993). THEREFORE, IT IS HEREBY ORDERED that Defendant's motion to stay 17 is STRICKEN. ORDERED by Judge Maryellen Noreika on 5/15/2023. ***Copy mailed to Vilox Technologies, LLC on 5/16/2023*** (dlw) (Entered: 05/15/2023) (0)
May 5, 2023 18 Letter to Judge Noreika from Joesph L. DeBellis, CEO of Vilox Technologies, LLC in support of D.I. 17 Motion to Stay Proceeding. (vfm) (Entered: 05/05/2023) (4)
May 5, 2023 17 Defendant's MOTION to Stay Proceedings. - filed by Vilox Technologies, LLC. (vfm) (Entered: 05/05/2023) (3)
May 5, 2023 16 RENEWED MOTION for Withdrawal of Defendant's Attorney - filed by Vilox Technologies, LLC. (dlw) (Entered: 05/05/2023) (4)
May 3, 2023 15 ORAL ORDER re 14 OPPOSED MOTION for Withdrawal of Defendant's Attorney - IT IS HEREBY ORDERED that the Opposed Motion for Withdrawal of Defendant's Attorney is DENIED with leave to renew. The motion purports to be made "in accordance with Local Rule 9010-2 b, effective May 28, 2023" which is not a rule of this Court. The motion also does not contain the required statement pursuant to Local Rule 7.1.1. Should counsel refile the motion, it should indicate how counsel has served the motion on all parties rather than certify that it has been served via ECF when counsel had not actually filed the motion on the docket. ORDERED by Judge Maryellen Noreika on 5/3/2023. (dlw) (Entered: 05/03/2023) (0)
May 3, 2023 14 OPPOSED MOTION for Withdrawal of Defendant's Attorney - filed by Vilox Technologies, LLC. (dlw) (Entered: 05/03/2023) (4)
Apr 3, 2023 N/A SO ORDERED re 13 STIPULATION TO EXTEND TIME for Defendant to respond to the Complaint to June 9, 2023 (Set/Reset Answer Deadlines: Vilox Technologies, LLC answer due 6/9/2023). ORDERED by Judge Maryellen Noreika on 4/3/2023. (dlw) (Entered: 04/03/2023) (0)
Apr 3, 2023 13 STIPULATION TO EXTEND TIME for Defendant to respond to the Complaint to June 9, 2023 - filed by Oracle Corporation. (Blumenfeld, Jack) (Entered: 04/03/2023) (1)
Mar 31, 2023 12 NOTICE of Related Actions by Oracle Corporation (Blumenfeld, Jack) (Entered: 03/31/2023) (3)
Feb 10, 2023 N/A Pro Hac Vice Attorney Kristina D. McKenna, Jason K. Yu, Diana M. Rutowski, and Jared Bobrow for Oracle Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) (Entered: 02/10/2023) (0)
Feb 9, 2023 N/A SO ORDERED re 11 MOTION for Pro Hac Vice Appearance of Attorney Jared Bobrow, Diana M. Rutowski, Jason Yu and Kristina D. McKenna filed by Oracle Corporation. ORDERED by Judge Maryellen Noreika on 2/9/2023. (dlw) (Entered: 02/09/2023) (0)
Feb 9, 2023 11 MOTION for Pro Hac Vice Appearance of Attorney Jared Bobrow, Diana M. Rutowski, Jason Yu and Kristina D. McKenna - filed by Oracle Corporation. (Egan, Brian) (Entered: 02/09/2023) (6)
Feb 9, 2023 10 WAIVER OF SERVICE returned executed by Oracle Corporation: For Vilox Technologies, LLC waiver sent on 2/8/2023, answer due 4/10/2023. (Egan, Brian) (Entered: 02/09/2023) (1)
Feb 9, 2023 9 REDACTED VERSION of 2 Complaint by Oracle Corporation. (Blumenfeld, Jack) (Entered: 02/09/2023) (30)
Feb 8, 2023 N/A Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 02/08/2023) (0)
Feb 2, 2023 N/A Remark: Case submitted for routine judicial assignment. (mkr) (Entered: 02/02/2023) (0)
Feb 2, 2023 8 ORDER granting D.I. 1 MOTION for Leave to File Complaint and Exhibit 1 Under Seal. Signed by Judge Maryellen Noreika on 2/2/2023. (mkr) (Entered: 02/02/2023) (1)
Feb 2, 2023 N/A Remark: Exit electronic copies to Duty Judge, MN. (mkr) (Entered: 02/02/2023) (0)
Feb 2, 2023 7 Summons Issued as to Vilox Technologies, LLC on 2/2/2023. (mkr) (Entered: 02/02/2023) (2)
Feb 2, 2023 6 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Oracle Corporation. (mkr) (Entered: 02/02/2023) (2)
Feb 2, 2023 5 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,188,100 B2; 6,760,720 B2. (mkr) (Entered: 02/02/2023) (1)
Feb 2, 2023 4 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mkr) (Entered: 02/02/2023) (3)
Feb 2, 2023 3 EXHIBITS 2 and 3 to D.I. 2 SEALED Complaint filed by Oracle Corporation. (Attachments: # 1 Exhibit 3, # 2 Civil Cover Sheet) (mkr) (Entered: 02/02/2023) (0)
Feb 2, 2023 2 COMPLAINT filed with Jury Demand against Vilox Technologies, LLC (Filing fee $ 402, receipt number ADEDC-4058136.) - filed by Oracle Corporation. (Attachments: # 1 Exhibit 1)(mkr) Modified on 8/25/2023 (dlw). ***UNSEALED Pursuant to D.I. 39 *** (Entered: 02/02/2023) (0)
Feb 2, 2023 1 MOTION for Leave to File Complaint and Exhibit 1 Under Seal - filed by Oracle Corporation. (Attachments: # 1 Text of Proposed Order)(mkr) (Entered: 02/02/2023) (0)
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