Case number 1:20-cv-01025
PURESHIELD, INC. et al v. INHOLD, LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 1, 2022 | 38 | Stipulation of Dismissal (4) Docket Text: STIPULATION of Dismissal of Case by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (GEARING, BRIAN) |
| Mar 21, 2022 | N/A | Order on Motion for Extension of Time (0) Docket Text: TEXT ORDER granting [37] Consent Motion for Extension of Time. The parties shall file their stipulation of dismissal by 03/31/2022. Issued by MAG/JUDGE L. PATRICK AULD on 03/21/2022. (AULD, L.) |
| Mar 21, 2022 | N/A | Motions Referred (0) Docket Text: Motion Referred: RE: [37] Consent MOTION for Extension of Time to File Stipulation of Dismissal, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Mar 18, 2022 | 37 | Motion for Extension of Time (Text of Proposed Order) (1) Docket Text: Consent MOTION for Extension of Time to File Stipulation of Dismissal by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (Attachments: # (1) Text of Proposed Order)(GEARING, BRIAN) |
| Mar 18, 2022 | 37 | Motion for Extension of Time (Main Document) (4) Docket Text: Consent MOTION for Extension of Time to File Stipulation of Dismissal by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (Attachments: # (1) Text of Proposed Order)(GEARING, BRIAN) |
| Mar 8, 2022 | N/A | Set/Reset Deadlines/Hearings (0) Docket Text: Set Deadlines: Stipulation of Dismissal due by 3/18/2022. (See [36] Notice of Settlement). (Blay, Debbie) |
| Mar 7, 2022 | 36 | Notice of Settlement (4) Docket Text: NOTICE of Settlement by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC (TEHRANI, ALI) |
| Feb 23, 2022 | N/A | Order on Motion for Protective Order (0) Docket Text: TEXT ORDER (A) granting [35] Consent Motion for Entry of Confidentiality Agreement and Protective Order; (B) adopting as the Court's Order [35-2] Joint ESI Protocol; and (C) adopting as the Court's Order [35-1] Confidentiality Agreement and Protective Order with the following clarification: notwithstanding the language in Paragraph 3.c. and 9, nothing in [35-1] Confidentiality Agreement and Protective Order authorizes (much less compels) any party to submit materials to the Court with special handling requirements and/or to file a motion to seal materials submitted to the Court simply because a party has designated such materials as Confidential or Confidential - Attorneys' Eyes Only; to the contrary, a party must have an independent, good-faith basis to believe that the law governing sealing applicable to the particular situation warrants any special handling/sealing of materials before seeking such relief by proper motion. Issued by MAG/JUDGE L. PATRICK AULD on 02/23/2022. (AULD, L.) |
| Feb 23, 2022 | N/A | Motions Referred (0) Docket Text: Motion Referred: RE: [35] Consent MOTION for Protective Order , to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Feb 22, 2022 | 35 | Motion for Protective Order (Text of Proposed Order ESI Protocol) (13) Docket Text: Consent MOTION for Protective Order by INHOLD, LLC, NOVALENT, LTD.. Response to Motion due by 3/8/2022 (Attachments: # (1) Text of Proposed Order Proposed Protective Order, # (2) Text of Proposed Order ESI Protocol)(SOUTHERLAND, JEFFREY) |
| Feb 22, 2022 | 35 | Motion for Protective Order (Text of Proposed Order Proposed Protective Order) (15) Docket Text: Consent MOTION for Protective Order by INHOLD, LLC, NOVALENT, LTD.. Response to Motion due by 3/8/2022 (Attachments: # (1) Text of Proposed Order Proposed Protective Order, # (2) Text of Proposed Order ESI Protocol)(SOUTHERLAND, JEFFREY) |
| Feb 22, 2022 | 35 | Motion for Protective Order (Main Document) (4) Docket Text: Consent MOTION for Protective Order by INHOLD, LLC, NOVALENT, LTD.. Response to Motion due by 3/8/2022 (Attachments: # (1) Text of Proposed Order Proposed Protective Order, # (2) Text of Proposed Order ESI Protocol)(SOUTHERLAND, JEFFREY) |
| Jan 11, 2022 | N/A | Order on Motion to Stay (0) Docket Text: TEXT ORDER granting [34] Joint Stipulation and Motion to Stay Proceedings. This case is stayed until 02/07/2022. If the parties have not filed a stipulation of dismissal by that date, all required litigation activity shall resume and the parties shall file any motion for protective order and/or for an order governing discovery of electronically stored information by 02/21/2022. The parties should not anticipate receiving any further stays of this action or any further extensions of time to file any motion for protective order and/or for an order governing discovery of electronically stored information. Issued by MAG/JUDGE L. PATRICK AULD on 01/11/2022. (AULD, L.) |
| Jan 11, 2022 | N/A | Motions Referred (0) Docket Text: Motion Referred: RE: [34] Consent MOTION to Stay Proceedings, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Jan 11, 2022 | N/A | Motions No Longer Submitted (0) Docket Text: Motion No Longer Submitted to JUDGE LORETTA C. BIGGS. [34] Consent MOTION to Stay Proceedings. Matter to be referred to Mag. Judge Auld. (Blay, Debbie) |
| Jan 6, 2022 | 34 | Motion to Stay (Text of Proposed Order) (1) Docket Text: Consent MOTION to Stay Proceedings by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. Response to Motion due by 1/27/2022 (Attachments: # (1) Text of Proposed Order)(GEARING, BRIAN) |
| Jan 6, 2022 | 34 | Motion to Stay (Main Document) (5) Docket Text: Consent MOTION to Stay Proceedings by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. Response to Motion due by 1/27/2022 (Attachments: # (1) Text of Proposed Order)(GEARING, BRIAN) |
| Jan 6, 2022 | N/A | Motions Submitted (0) Docket Text: Motion Submitted: [34] Consent MOTION to Stay Proceedings to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Dec 21, 2021 | N/A | Order on Joint Motion (0) Docket Text: TEXT ORDER granting [33] Joint Motion for Extension of Time. The parties shall file any motion for protective order and/or for an order governing discovery of electronically stored information by 01/21/2022. Issued by MAG/JUDGE L. PATRICK AULD on 12/21/2021. (AULD, L.) |
| Dec 21, 2021 | N/A | Motions Referred (0) Docket Text: Motion Referred: RE: [33] JOINT MOTION For Extension of Time to Submit a Protective Order and an ESI Order, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Dec 20, 2021 | 33 | Joint Motion (Text of Proposed Order) (1) Docket Text: JOINT MOTION For Extension of Time to Submit a Protective Order and an ESI Order by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (Attachments: # (1) Text of Proposed Order)(GEARING, BRIAN) |
| Dec 20, 2021 | 33 | Joint Motion (Main Document) (5) Docket Text: JOINT MOTION For Extension of Time to Submit a Protective Order and an ESI Order by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (Attachments: # (1) Text of Proposed Order)(GEARING, BRIAN) |
| Nov 25, 2021 | N/A | Order on Joint Motion (0) Docket Text: TEXT ORDER granting [32] Joint Motion for Extension of Time. The parties shall file any motion for protective order and/or for an order governing discovery of electronically stored information by 12/22/2021. Issued by MAG/JUDGE L. PATRICK AULD on 11/25/2021. (AULD, L.) |
| Nov 22, 2021 | 32 | Joint Motion (Text of Proposed Order) (1) Docket Text: JOINT MOTION For Extension of Time to Submit a Protective Order and an ESI Order by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (Attachments: # (1) Text of Proposed Order)(GEARING, BRIAN) |
| Nov 22, 2021 | 32 | Joint Motion (Main Document) (5) Docket Text: JOINT MOTION For Extension of Time to Submit a Protective Order and an ESI Order by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (Attachments: # (1) Text of Proposed Order)(GEARING, BRIAN) |
| Nov 22, 2021 | N/A | Motions Referred (0) Docket Text: Motion Referred: RE: [32] JOINT MOTION For Extension of Time to Submit a Protective Order and an ESI Order, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Nov 1, 2021 | N/A | Order on Motion for Extension of Time to File (0) Docket Text: TEXT ORDER granting [31] Joint Motion for Extension of Time. The parties shall file any motion for protective order and/or for an order governing discovery of electronically stored information by 11/22/2021. Issued by MAG/JUDGE L. PATRICK AULD on 11/01/2021. (AULD, L.) |
| Nov 1, 2021 | N/A | Motions Referred (0) Docket Text: Motion Referred: RE: [31] Joint MOTION for Extension of Time to File a Protective Order and an ESI Order, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) |
| Oct 29, 2021 | 31 | Motion for Extension of Time to File (Text of Proposed Order) (1) Docket Text: Joint MOTION for Extension of Time to File a Protective Order and an ESI Order by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (Attachments: # (1) Text of Proposed Order)(GEARING, BRIAN) |
| Oct 29, 2021 | 31 | Motion for Extension of Time to File (Main Document) (5) Docket Text: Joint MOTION for Extension of Time to File a Protective Order and an ESI Order by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (Attachments: # (1) Text of Proposed Order)(GEARING, BRIAN) |
| Oct 19, 2021 | 30 | Order Appointing Mediator (1) Docket Text: ORDER Appointing RAYMOND E. OWENS, JR., as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa) |
| Oct 19, 2021 | N/A | Set/Reset Scheduling Order Deadlines (0) Docket Text: Set/Reset Scheduling Order Deadlines. Complex case-management track. Discovery due by 5/18/2022. Mediation should be conducted midway thru the discovery period. The parties agree the mediator shall be Raymond E. Owens, Jr. Plaintiff and Defendants leave request to join additional parties or amend pleading due by 2/1/2022. Dispositive motions due by 7/18/2022. The parties do not agree to the reference of this case to a magistrate judge. ETT: approximately 5 days. A jury trial has been demanded. (Daniel, J) |
| Oct 19, 2021 | N/A | Mediation Scheduling Order (0) Docket Text: MEDIATION SCHEDULING ORDER; Mediation due by 3/7/2022. (Bond, Melisa) |
| Oct 19, 2021 | N/A | Rule 26f (Joint) (0) Docket Text: TEXT ORDER adopting [29] Joint Rule 26(f) Report. Issued by MAG/JUDGE L. PATRICK AULD on 10/19/2021. (AULD, L.) |
| Oct 19, 2021 | N/A | Motions Referred (0) Docket Text: Motions Referred: RE: [29] Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
| Oct 18, 2021 | 29 | Rule 26(f) Report (Joint) (10) Docket Text: Rule 26(f) Report (Joint) filed by all parties by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (GEARING, BRIAN) |
| Aug 31, 2021 | 28 | Notice of Initial Pretrial Conference Hearing (1) Docket Text: NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 10/25/2021 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
| Aug 30, 2021 | 27 | Answer to Complaint (24) Docket Text: DEFENDANTS' ANSWER to [1] Complaint, with Jury Demand (And Affirmative Defenses) by INHOLD, LLC, NOVALENT, LTD.. (SOUTHERLAND, JEFFREY) |
| Aug 16, 2021 | 26 | Memorandum Opinion and Order (15) Docket Text: MEMORANDUM OPINION AND ORDER, signed by JUDGE LORETTA C. BIGGS on 8/16/21, that Defendants' Motion to Dismiss, (ECF No. [21]), isDENIED as to Plaintiff's request for a declaratory judgement (Count 1); actual fraud (Count 3); and unfair competition under the UDTPA (Count 4). (Butler, Carol) |
| Feb 2, 2021 | 25 | Reply to Response to Motion (15) Docket Text: REPLY, filed by Defendants INHOLD, LLC, NOVALENT, LTD., to Response to [21] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by INHOLD, LLC, NOVALENT, LTD.. (ANDREWS, RICHARD) |
| Feb 2, 2021 | N/A | Motions Submitted (0) Docket Text: Motion Submitted: [21] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Jan 19, 2021 | 24 | Response in Opposition to Motion (30) Docket Text: RESPONSE in Opposition re [21] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by INHOLD, LLC, NOVALENT, LTD. filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. Replies due by 2/2/2021 (GEARING, BRIAN) |
| Jan 14, 2021 | N/A | Case Reassigned (0) Docket Text: Case Reassigned to JUDGE LORETTA C. BIGGS. JUDGE N. C. TILLEY, JR no longer assigned to the case. (Marsh, Keah) |
| Dec 29, 2020 | N/A | Order on Motion for Extension of Time to File Response/Reply (0) Docket Text: TEXT ORDER granting [23] Unopposed Motion for Extension of Time. Plaintiffs shall file any response to [21] Motion to Dismiss by 01/19/2021. Issued by MAG/JUDGE L. PATRICK AULD on 12/29/2020. (AULD, L.) |
| Dec 29, 2020 | N/A | Motions Referred (0) Docket Text: Motions Referred: RE: [23] MOTION for Extension of Time to File Response/Reply as to [21] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Dec 28, 2020 | 23 | Motion for Extension of Time to File Response/Reply (Main Document) (4) Docket Text: MOTION for Extension of Time to File Response/Reply as to [21] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (Attachments: # (1) Text of Proposed Order)(JOSEPH, SHANNON) |
| Dec 28, 2020 | 23 | Motion for Extension of Time to File Response/Reply (Text of Proposed Order) (2) Docket Text: MOTION for Extension of Time to File Response/Reply as to [21] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (Attachments: # (1) Text of Proposed Order)(JOSEPH, SHANNON) |
| Dec 22, 2020 | 22 | Brief (27) Docket Text: BRIEF re [21] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (ANDREWS, RICHARD) |
| Dec 22, 2020 | 21 | Motion to Dismiss for Failure to State a Claim (4) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by INHOLD, LLC, NOVALENT, LTD.. Response to Motion due by 1/12/2021 (ANDREWS, RICHARD) |
| Dec 11, 2020 | 20 | Notice of Attorney Appearance (2) Docket Text: NOTICE of Attorney Appearance by attorney JEFFREY L. ROETHER on behalf of Plaintiffs PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC (ROETHER, JEFFREY) |
| Dec 11, 2020 | 19 | Notice of Attorney Appearance (2) Docket Text: NOTICE of Attorney Appearance by attorney SHANNON R. JOSEPH on behalf of Plaintiffs PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC (JOSEPH, SHANNON) |
| Dec 7, 2020 | 18 | Response (4) Docket Text: RESPONSE re [15] MOTION for Extension of Time to File Answer re [1] Complaint, Non-Opposition filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. Replies due by 12/21/2020 (GEARING, BRIAN) |
| Dec 7, 2020 | N/A | Order on Motion for Extension of Time to Answer (0) Docket Text: TEXT ORDER granting [15] Motion for Extension of Time. Defendants shall answer or otherwise respond by 12/22/2020. According to [7] Affidavit of Service and [8] Affidavit of Service, Plaintiffs served Defendants with [1] Complaint on 11/17/2020. E-mails that appear in [15-1] Exhibit A to [15] Motion reflect (1) that, on 12/02/2020, Defendants' counsel asked Plaintiffs' (New York- and District of Columbia-based) counsel to "confirm [their] agreement to a 30-day extension of time for [Defendants] to respond [to [1] Complaint]," (2) Plaintiffs' counsel countered with a demand for Defendants' counsel to "provide [the] basis for an extension," citing circumstances indicating Defendants' prior "aware[ness] of the assertions in [[1] C]omplaint since at least last July 2020" and events in "November 2020" reflecting Defendants' knowledge of "the same subject matter as [the] claims in [[1] C]omplaint," (3) Defendants' counsel (A) replied that "[e]xtensions like what [they] asked for are routinely agreed to as a matter of course in North Carolina," (B) noted that the choice of Defendants' counsel to forego the courtesy of proceeding by waiver of service had reduced the amount of time available to respond to [1] Complaint, and (C) asked Plaintiffs' counsel to identify "any extension of time that Plaintiff[s] will consent to," in order to avoid "the need to file a motion representing [their] opposition to this routine request," and (4) Plaintiffs' counsel rejoined with (A) a condescending lecture on Federal Rule of Civil Procedure 6(b) (complete with "emphasis added"), (B) a declaration that "[t]he mere assertion that such extensions are purportedly 'agreed to as a matter of course in North Carolina' is not good cause," (C) assertions that Defendants are "certainly in the position to file a responsive pleading in this case" and that "circumstances do not warrant an extension," and (D) accusations that, contrary to their professional obligations to refrain from filing motions for improper purposes, Defendants' counsel "seeks an extension to avoid filing a responsive pleading in the federal district court with proper and exclusive subject matter jurisdiction over the patent law issues, while [Defendants'] improper motion for leave to file a second amended complaint on the same issues in [North Carolina] state court remains pending," as well as that their extension request "is simply intended to delay this case." Defendants' counsel then timely filed [15] Motion, "pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 6.1(a), to extend the time within which Defendants may answer or otherwise respond to [[1]] Complaint in this action by fourteen (14) days, through and including December 22, 2020," explaining that they "require[d] additional time to prepare a response to [[1]] Complaint," (A) referencing the reduced response time attributable to the decision of Plaintiffs' counsel to proceed without offering waiver of service as an option, (B) observing (as would already have been obvious to Plaintiffs' counsel) that the "intervening Thanksgiving holiday" further reduced the time available for formulation of a responsive pleading or motion, and (C) stating (as again Plaintiffs' counsel already should have appreciated) that Defendants' counsel also had "obligations in other litigation matters." Via Text Order dated 12/04/2020, the Court shortened the response deadline as to [15] Motion and Plaintiffs filed [18] Non-Opposition Response, agreeing to the requested 14-day extension, while (unconvincingly) attributing their prior refusal of consent (1) to the fact that the original e-mail from Defendants' counsel asked for an extension of 30 days (but without attaching any evidence that, when directly asked about consent to a shorter extension, they had stipulated to an extension of 14 days) and (2) to the purported inadequacy of the prior showing by Defendants' counsel of "the need for an extension," which [15] Motion supposedly remedied (apparently by reminding Plaintiffs' counsel about Thanksgiving Day and the need attorneys have to juggle obligations in multiple cases). In [18] Non-Opposition Response, Plaintiffs' counsel also (unconvincingly) denied that they "ha[d] levied any allegations of unprofessional conduct against opposing counsel, without acknowledging (much less justifying) their earlier allegation that Defendants' counsel sought an extension for the improper purpose of delaying this action to achieve a tactical advantage in a separate state action. Although the Court appreciates the belated willingness of Plaintiffs' counsel to consent to [15] Motion, the Court believes that the above-recounted course of conduct by Plaintiffs' counsel warrants further discussion, aimed at heading off future problems. To begin, the Court observes that the Federal Rules of Civil Procedure "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1. "Most lawyers and parties cooperate to achieve these ends. But discussions of ways to improve the administration of civil justice regularly include pleas to discourage over-use, misuse, and abuse of procedural tools that increase cost and result in delay. Effective advocacy is consistent with -- and indeed depends upon -- cooperative and proportional use of procedure." Fed. R. Civ. P. 1 advisory comm. notes, 2015 amend. Moreover, "[o]ur adversarial system relies on attorneys to treat each other with a high degree of civility and respect," Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1263 (9th Cir. 2010), because "[t]he extension of normal courtesies and exercise of civility expedite litigation and are of substantial benefit to the administration of justice," Marcangelo v. Boardwalk Regency, 47 F.3d 88, 90 (3d Cir. 1995). Consistent with the foregoing imperatives, this Court has "adopted" as its own "Code of Professional Responsibility... the Code of Professional Responsibility adopted by the Supreme Court of North Carolina, as amended from time to time by that state court, except as otherwise provided by specific rule of this Court." M.D.N.C. LR 83.10e(b). North Carolina's Code of Professional Responsibility, in turn, mandates that: (1) "[a] lawyer should use the law's procedures only for legitimate purposes," N.C.R. Prof'l Conduct 0.1[5]; (2) "[a] lawyer should demonstrate respect for the legal system and for those who serve it, including... other lawyers," id.; (3) "a lawyer should treat opposing counsel with courtesy and respect," N.C.R. Prof'l Conduct 0.1[13]; and (4) "lawyers should... foster civility among members of the bar by acceding to reasonable requests that do not prejudice the interests of the client," id. As to the latter point in particular (and as applies specifically to Federal Rule of Civil Procedure 6(b)), "requests for extensions of time made before the applicable deadline has passed should 'normally be granted in the absence of bad faith on the part of the party seeking relief or prejudice to the adverse party.'" Ahanchian, 624 F.3d at 1259 (internal ellipsis omitted) (quoting 4B Charles Alan Wright & Arthur R. Miller, Federal Practice & Procedure s 1165 (3d ed. 2004)). "Here, [Plaintiffs'] counsel took knowing advantage of the constrained time to respond created by [their decision not to afford Defendants an opportunity to waive service], the [Thanksgiving] federal holiday, and [Defendants' counsel's other litigation] obligation[s]. [Plaintiffs'] counsel steadfastly refused to stipulate to an extension of time, and... even accus[ed Defendants'] counsel of unethical conduct." Such uncompromising behavior is not only inconsistent with general principles of professional conduct, but also undermines the truth-seeking function of our adversarial system." Id. at 1263. "Where, as here, there is no indication of bad faith, prejudice, or undue delay, [Plaintiffs' counsel] should not [have] oppose[d the] reasonable request[] for extension of time brought [to them] by their adversaries." Id. The failure of Plaintiffs' counsel to appreciate that principle, along with their dismissal of local customs which promote consent to reasonable extension requests as somehow inconsistent with Federal Rule of Civil Procedure 6(b) and their unjustified assignment of unprofessional motives to Defendants' counsel, collectively merit acute attention because three of Plaintiffs' counsel have appeared via [9] Notice of Special Appearance, [10] Notice of Special Appearance, and [11] Notice of Special Appearance. Appearing in that manner "is a privilege, the granting of which [the United States Court of Appeals for the Fourth Circuit] ha[s] found to be 'a matter of grace resting in the sound discretion of the presiding judge.'" Bills v. United States, 11 F. App'x 342, 343 (4th Cir. 2001) (quoting Thomas v. Cassidy, 249 F.2d 91, 92 (4th Cir. 1957); see also M.D.N.C. LR 83.1(d)(1) ("By entering a[ special] appearance, an attorney agrees that... the attorney submits to the disciplinary jurisdiction of the Court for any misconduct in connection with the litigation for which the attorney is specially appearing."). If Plaintiffs' counsel cannot conform their conduct to the above-discussed commands regarding courtesy and civility to opposing counsel, they should expect the presiding judge to exercise that discretion to terminate their special appearances. Issued by MAG/JUDGE L. PATRICK AULD on 12/07/2020. (AULD, L.) Modified on 12/11/2020 (O'Doherty, Sinead). |
| Dec 4, 2020 | 17 | Corporate Disclosure Statement (2) Docket Text: Corporate Disclosure Statement by NOVALENT, LTD. identifying Corporate Parent NOVALENT MIDDLECO, INC., Grandparent Corporate Parent NOVALENT BIOTECH, INC. for NOVALENT, LTD. (Contreras, Jamie) |
| Dec 4, 2020 | 16 | Corporate Disclosure Statement (2) Docket Text: Corporate Disclosure Statement by INHOLD, LLC identifying Corporate Parent NOVALENT, LTD., Grandparent Corporate Parent NOVALENT MIDDLECO, INC., Great-Grandparent Corporate Parent NOVALENT BIOTECH, INC. for INHOLD, LLC.. (Contreras, Jamie) |
| Dec 4, 2020 | 15 | Motion for Extension of Time to File Answer (Text of Proposed Order Proposed Order) (1) Docket Text: MOTION for Extension of Time to File Answer re [1] Complaint, by INHOLD, LLC, NOVALENT, LTD.. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order Proposed Order)(SOUTHERLAND, JEFFREY) |
| Dec 4, 2020 | 15 | Motion for Extension of Time to File Answer (Exhibit A) (5) Docket Text: MOTION for Extension of Time to File Answer re [1] Complaint, by INHOLD, LLC, NOVALENT, LTD.. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order Proposed Order)(SOUTHERLAND, JEFFREY) |
| Dec 4, 2020 | 15 | Motion for Extension of Time to File Answer (Main Document) (4) Docket Text: MOTION for Extension of Time to File Answer re [1] Complaint, by INHOLD, LLC, NOVALENT, LTD.. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order Proposed Order)(SOUTHERLAND, JEFFREY) |
| Dec 4, 2020 | 14 | Notice of Attorney Appearance (2) Docket Text: NOTICE of Attorney Appearance by attorney RICHARD WYATT ANDREWS, II on behalf of Defendants INHOLD, LLC, NOVALENT, LTD. (ANDREWS, RICHARD) |
| Dec 4, 2020 | 13 | Notice of Attorney Appearance (2) Docket Text: NOTICE of Attorney Appearance by attorney BRANDY L. MANSOURATY on behalf of Defendants INHOLD, LLC, NOVALENT, LTD. (MANSOURATY, BRANDY) |
| Dec 4, 2020 | 12 | Notice of Attorney Appearance (2) Docket Text: NOTICE of Attorney Appearance by attorney JEFFREY S. SOUTHERLAND on behalf of Defendants INHOLD, LLC, NOVALENT, LTD. (SOUTHERLAND, JEFFREY) |
| Dec 4, 2020 | N/A | Order on Motion for Extension of Time to Answer (0) Docket Text: TEXT ORDER shortening response deadline as to [15] Motion for Extension of Time to Noon on 12/07/2020. The Court encourages counsel for Plaintiffs to think long and hard about whether they want to start this case off by opposing an extremely modest request for extension of time. The Court further cautions counsel for Plaintiffs that the levying of unsupported allegations of unprofessional conduct against opposing counsel may result in sanctions against the offending counsel and/or party. Issued by MAG/JUDGE L. PATRICK AULD on 12/04/2020. (AULD, L.) |
| Dec 4, 2020 | N/A | Motions Referred (0) Docket Text: Motions Referred: RE: [15] MOTION for Extension of Time to File Answer re [1] Complaint, , to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Nov 24, 2020 | 11 | Notice of Special Appearance (3) Docket Text: NOTICE of Special Appearance by attorney ALI H.K. TEHRANI on behalf of Plaintiffs PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC ( Filing fee $ 25 receipt number 0418-2939084.) (TEHRANI, ALI) |
| Nov 23, 2020 | 10 | Notice of Special Appearance (3) Docket Text: NOTICE of Special Appearance by attorney JOSHUA M. RYCHLINSKI on behalf of Plaintiffs PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC ( Filing fee $ 25 receipt number 0418-2938249.) (RYCHLINSKI, JOSHUA) |
| Nov 23, 2020 | 9 | Notice of Special Appearance (3) Docket Text: NOTICE of Special Appearance by attorney BRIAN PAUL GEARING on behalf of Plaintiffs PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC ( Filing fee $ 25 receipt number 0418-2938172.) (GEARING, BRIAN) |
| Nov 19, 2020 | 8 | Affidavit of Service (1) Docket Text: AFFIDAVIT OF SERVICE as to NOVALENT, LTD. served on 11/17/2020, answer due 12/8/2020. (ZAMBRZYCKI, JACOB) |
| Nov 19, 2020 | 7 | Affidavit of Service (1) Docket Text: AFFIDAVIT OF SERVICE as to INHOLD, LLC served on 11/17/2020, answer due 12/8/2020. (ZAMBRZYCKI, JACOB) |
| Nov 16, 2020 | 6 | Notice of Right to Consent (Consent Form) (1) Docket Text: Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # (1) Consent Form) (Sheets, Jamie) |
| Nov 16, 2020 | 6 | Notice of Right to Consent (Main Document) (1) Docket Text: Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # (1) Consent Form) (Sheets, Jamie) |
| Nov 16, 2020 | 5 | Summons Issued (Summons - Novalent, Ltd.) (2) Docket Text: Summons Issued as to INHOLD, LLC, NOVALENT, LTD. (Attachments: # (1) Summons - Novalent, Ltd.) (Sheets, Jamie) |
| Nov 16, 2020 | 5 | Summons Issued (Main Document) (2) Docket Text: Summons Issued as to INHOLD, LLC, NOVALENT, LTD. (Attachments: # (1) Summons - Novalent, Ltd.) (Sheets, Jamie) |
| Nov 16, 2020 | N/A | Case Assigned (0) Docket Text: Case ASSIGNED to JUDGE N. C. TILLEY, JR and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie) |
| Nov 16, 2020 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie) |
| Nov 13, 2020 | 3 | Description not available (2) Docket Text: CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff VIACLEAN TECHNOLOGIES, LLC (ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 2 | Description not available (2) Docket Text: CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff PURESHIELD, INC. (ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit O) (5) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit N) (5) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit M) (5) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit L) (5) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit K) (12) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit J) (16) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit I) (21) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit H) (11) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit G) (11) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit F) (10) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit E) (15) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit D) (19) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit C) (20) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit B) (20) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Exhibit A) (21) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
| Nov 13, 2020 | 1 | Complaint (Main Document) (30) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2932218.), filed by PURESHIELD, INC., VIACLEAN TECHNOLOGIES, LLC. (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, # (16) Civil Cover Sheet)(ZAMBRZYCKI, JACOB) |
