Walgreen Co. v. Theranos, Inc.
| Delaware District Court | |
| Judge: | Richard G Andrews |
| Case #: | 1:16-cv-01040 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Nov 08, 2016 |
| Terminated: | Aug 08, 2017 |
| Last checked: Sunday May 07, 2017 4:16 AM EDT |
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Defendant
Theranos, Inc.
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Represented By
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Plaintiff
Walgreen Co.
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Represented By
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GPO
Jul 27 2017
REPORT AND RECOMMENDATIONS re 11 MOTION to Dismiss filed by Theranos, Inc. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 8/14/2017. Signed by Judge Mary Pat Thynge on 7/27/17. (cak) (Main Document 22 replaced on 7/27/2017) (cak). |
| 1. | Theranos settles lawsuit with Walgreens (latimes.com) |
| Submitted Wed 08/02/2017 | |
| 2. | Theranos to settle lawsuit against Walgreens for under $30M (cnbc.com) |
| Submitted Wed 06/21/2017 | |
| 3. | Walgreens Claims Theranos Voided 11.3% of Test Reports (wsj.com) |
| Submitted Wed 11/16/2016 | |
| 4. | Walgreen Sues Theranos, Seeks $140 Million in Damages (wsj.com) |
| Submitted Tue 11/08/2016 | |
| Docket last updated: 6 hours ago |
| Friday, August 25, 2017 | ||
| 26 | 26
2
pgs
order
Order
Fri 08/25 12:18 PM
SO ORDERED Granting25 Stipulation of Dismissal with prejudice. Signed by Judge Richard G. Andrews on 8/25/2017. (nms) |
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| Thursday, August 24, 2017 | ||
| 25 | 25
misc
Stipulation of Dismissal
Thu 08/24 6:05 PM
STIPULATION of Dismissal with Prejudice and Proposed Order by Walgreen Co.. (Shannon, Kevin) |
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| Tuesday, August 08, 2017 | ||
| 24 | 24
order
Order ~Util - Terminate Civil Case
Tue 08/08 2:51 PM
ORDER Granting23 Stipulation of Dismissal (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 8/4/2017. (nms) |
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| Friday, August 04, 2017 | ||
| 23 | 23
misc
Stipulation of Dismissal
Fri 08/04 9:01 AM
STIPULATION of Dismissal WITHOUT PREJUDICE by Theranos, Inc.. (Farnan, Kelly) |
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| Thursday, July 27, 2017 | ||
| 22 | 22
motion
Report and Recommendations
Thu 07/27 10:32 AM
REPORT AND RECOMMENDATIONS re11 MOTION to Dismiss filed by Theranos, Inc. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 8/14/2017. Signed by Judge Mary Pat Thynge on 7/27/17. (cak) (Main Document 22 replaced on 7/27/2017) (cak) |
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utility
- CORRECTING ENTRY
Thu 07/27 11:31 AM
CORRECTING ENTRY: The original Report and Recommendation at DI 22 was replaced with the corrected copy. (cak) |
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| Friday, June 02, 2017 | ||
| 21 | 21
order
Order Referring Motion
Fri 06/02 11:09 AM
ORAL ORDER REFERRING MOTION: The MOTION to Dismiss (D.I. 11]) is now referred to Chief Magistrate Judge Mary Pat Thynge. Ordered by Judge Richard G. Andrews on 6/2/2017. Motions referred to Mary Pat Thynge.(nms) |
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utility
Case Assigned/Reassigned
Fri 06/02 10:34 AM
Case Reassigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
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| Tuesday, May 09, 2017 | ||
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utility
Add Attorneys - PHV only
Tue 05/09 9:14 AM
Pro Hac Vice Attorney Katie Moran for Theranos, Inc. 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. (lmm) |
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| Wednesday, May 03, 2017 | ||
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utility
Add Attorneys - PHV only
Wed 05/03 2:38 PM
Pro Hac Vice Attorney Michael Mugmon for Theranos, Inc. 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. (crb) |
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utility
Add Attorneys - PHV only
Wed 05/03 3:10 PM
Pro Hac Vice Attorney Christopher T. Casamassima for Theranos, Inc. 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. (nmg) |
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utility
Add Attorneys - PHV only
Wed 05/03 3:13 PM
Pro Hac Vice Attorney Christopher Davies for Theranos, Inc. 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. (nmg) |
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| Tuesday, May 02, 2017 | ||
| 20 | 20
motion
Appear Pro Hac Vice
Tue 05/02 1:41 PM
MOTION for Pro Hac Vice Appearance of Attorney Christopher Davies - filed by Theranos, Inc.. (Farnan, Kelly) |
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order
SO ORDERED
Tue 05/02 2:48 PM
SO ORDERED, re20 MOTION for Pro Hac Vice Appearance of Attorney Christopher Davies filed by Theranos, Inc. Signed by Judge Sue L. Robinson on 5/2/2017. (fms) |
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| Friday, April 07, 2017 | ||
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utility
- CORRECTING ENTRY
Fri 04/07 3:06 PM
CORRECTING ENTRY: D.I. 19 (Motion for Pro Hac Vice Appearance) has been removed and replaced with a version that contains a so ordered line. (fms) |
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order
SO ORDERED
Fri 04/07 3:12 PM
SO ORDERED, re19 MOTION for Pro Hac Vice Appearance of Attorney Michael Mugmon, Chris Casamassima, Katie Moran and Matthew Benedetto filed by Theranos, Inc. Signed by Judge Sue L. Robinson on 4/7/2017. (fms) |
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| Wednesday, April 05, 2017 | ||
| 19 | 19
motion
Appear Pro Hac Vice
Wed 04/05 3:58 PM
MOTION for Pro Hac Vice Appearance of Attorney Michael Mugmon, Chris Casamassima, Katie Moran and Matthew Benedetto - filed by Theranos, Inc.. (Farnan, Kelly) |
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| 18 | 18
notice
Notice re Attorney Appearance - Requesting Removal of Co-Counsel
Wed 04/05 3:46 PM
NOTICE requesting Clerk to remove Sean Eskovitz, Brant W. Bishop, P.C. and Kieran Gostin of Wilkinson Walsh + Eskovitz LLP as co-counsel. Reason for request: no longer represents. (Farnan, Kelly) |
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| Friday, February 24, 2017 | ||
| 17 | 17
misc
Request for Oral Argument
Fri 02/24 10:56 AM
REQUEST for Oral Argument by Theranos, Inc. re11 MOTION to Dismiss for Failure to State a Claim . (Farnan, Kelly) |
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| Tuesday, February 21, 2017 | ||
| 16 | 16
15
pgs
respm
Brief - Reply
Tue 02/21 5:36 PM
REPLY BRIEF re11 MOTION to Dismiss for Failure to State a Claim filed by Theranos, Inc.. (Farnan, Kelly) |
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| Monday, February 06, 2017 | ||
| 15 | 15
respm
Brief - Answering Brief in Opposition
Mon 02/06 5:54 PM
ANSWERING BRIEF in Opposition re11 MOTION to Dismiss for Failure to State a Claim filed by Walgreen Co..Reply Brief due date per Local Rules is 2/13/2017.(Shannon, Kevin) |
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Att: 1
Exhibit A
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| Thursday, January 12, 2017 | ||
| 14 | 14
misc
Redacted Document
Thu 01/12 3:06 PM
REDACTED VERSION of2 Complaint [Amended Redacted Version] by Walgreen Co..(Shannon, Kevin) |
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Att: 1
Exhibit A-D
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| 13 | 13
21
pgs
misc
Redacted Document
Thu 01/12 2:12 PM
REDACTED VERSION of12 Opening Brief in Support by Theranos, Inc.. (Farnan, Kelly) |
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| Thursday, January 05, 2017 | ||
| 12 | 12
respm
Brief - Opening Brief in Support
Thu 01/05 6:00 PM
[SEALED] OPENING BRIEF in Support re11 MOTION to Dismiss for Failure to State a Claim filed by Theranos, Inc..Answering Brief/Response due date per Local Rules is 1/19/2017. (Farnan, Kelly) |
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| 11 | 11
motion
Dismiss/Fail to State Claim
Thu 01/05 5:49 PM
MOTION to Dismiss for Failure to State a Claim - filed by Theranos, Inc..(Farnan, Kelly) |
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Att: 1
Text of Proposed Order
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| Tuesday, November 29, 2016 | ||
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utility
Add Attorneys - PHV only
Tue 11/29 10:46 AM
Pro Hac Vice Attorney Sean Eskovitz for Theranos, Inc. 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. (lmm) |
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utility
Add Attorneys - PHV only
Tue 11/29 10:56 AM
Pro Hac Vice Attorney Brant W. Bishop and Kieran Gostin for Theranos, Inc. 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. (lmm) |
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| Monday, November 28, 2016 | ||
| 10 | 10
motion
Appear Pro Hac Vice
Mon 11/28 9:46 AM
MOTION for Pro Hac Vice Appearance of Attorney Sean Eskovitz, Brant Bishop and Kieran Gostin of Wilkinson Walsh + Eskovitz - filed by Theranos, Inc..(Farnan, Kelly) |
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Att: 1
Certifications by Counsel
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| 9 | 9
motion
Stipulation to EXTEND Time
Mon 11/28 9:44 AM
STIPULATION TO EXTEND TIME Answer to January 5, 2017 - filed by Theranos, Inc.. (Farnan, Kelly) |
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order
SO ORDERED
Mon 11/28 10:12 AM
SO ORDERED, re10 MOTION for Pro Hac Vice Appearance of Attorney Sean Eskovitz, Brant Bishop and Kieran Gostin of Wilkinson Walsh + Eskovitz filed by Theranos, Inc. Signed by Judge Sue L. Robinson on 11/28/2016. (fms) |
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order
SO ORDERED ~Util - Set/Reset Answer Deadline
Mon 11/28 1:09 PM
SO ORDERED, re9 STIPULATION TO EXTEND TIME Answer to January 5, 2017 filed by Theranos, Inc., Set/Reset Answer Deadlines: Theranos, Inc. answer due 1/5/2017. See stipulation for further details. Signed by Judge Sue L. Robinson on 11/28/2016. (fms) |
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| Thursday, November 17, 2016 | ||
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utility
Add Attorneys - PHV only
Thu 11/17 9:55 AM
Pro Hac Vice Attorney Kristen R. Seeger,David A. Gordon,Lawrence P. Fogel for Walgreen Co. 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. (lmm) |
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| Tuesday, November 15, 2016 | ||
| 8 | 8
44
pgs
misc
Redacted Document
Tue 11/15 4:54 PM
REDACTED VERSION of2 Complaint by Walgreen Co..(Shannon, Kevin) |
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Att: 1
8 pgs
Exhibit A-D
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| Monday, November 14, 2016 | ||
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order
SO ORDERED
Mon 11/14 8:53 AM
SO ORDERED, re7 MOTION for Pro Hac Vice Appearance of Attorney David A. Gordon, Kristen R. Seeger and Lawrence P. Fogel filed by Walgreen Co.. Signed by Judge Sue L. Robinson on 11/14/2016. (fms) |
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| Friday, November 11, 2016 | ||
| 7 | 7
motion
Appear Pro Hac Vice
Fri 11/11 5:14 PM
MOTION for Pro Hac Vice Appearance of Attorney David A. Gordon, Kristen R. Seeger and Lawrence P. Fogel - filed by Walgreen Co..(Shannon, Kevin) |
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Att: 1
Gordon Certification,
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Att: 2
Seeger Certification,
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Att: 3
Fogel Certification
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| Thursday, November 10, 2016 | ||
| 6 | 6
service
Summons Returned Executed
Thu 11/10 2:33 PM
SUMMONS Returned Executed by Walgreen Co.. Theranos, Inc. served on 11/8/2016, answer due 11/29/2016. (Shannon, Kevin) |
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| Wednesday, November 09, 2016 | ||
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utility
Case Assigned/Reassigned
Wed 11/09 12:52 PM
Case Assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (rjb) |
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| Tuesday, November 08, 2016 | ||
| 5 | 5
order
Order on Motion to Seal Document
Tue 11/08 3:18 PM
ORDER granting1 Motion to Seal Complaint. Signed by Judge Sue L. Robinson on 11/8/2016. (nmg) |
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| 4 | 4
misc
Disclosure Statement - Rule 7.1
Tue 11/08 2:38 PM
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Walgreens Boots Alliance, Inc. for Walgreen Co. filed by Walgreen Co. (nmg) |
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| 3 | 3
misc
Magistrate Consent Forms
Tue 11/08 2:36 PM
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
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| 2 | 2
cmp
Complaint
Tue 11/08 2:35 PM
[SEALED] COMPLAINT filed with Jury Demand against Theranos, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 026504.) - filed by Walgreen Co..(nmg) |
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Att: 1
Exhibit A-D,
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Att: 2
Civil Cover Sheet
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| 1 | 1
3
pgs
motion
Seal Document
Tue 11/08 2:29 PM
MOTION to Seal Complaint - filed by Walgreen Co.(nmg) |
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Att: 1
Text of Proposed Order
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service
Summons Issued
Tue 11/08 2:39 PM
Summons Issued with Magistrate Consent Notice attached as to Theranos, Inc. on 11/8/2016. (nmg) |
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utility
Remark
Tue 11/08 2:41 PM
Remark : Exit Copies to Duty Judge (SLR). (nmg) |
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