Delaware District Court
Judge:Maryellen Noreika
Case #: 1:23-cv-01064
Nature of Suit190 Contract - Other Contract
Cause28:1441 Notice of Removal
Case Filed:Sep 27, 2023
Terminated:Apr 18, 2024
Last checked: Monday Mar 25, 2024 4:31 AM EDT
Counter Claimant
TherapeuticsMD, Inc.
Represented By
Donna Lynn Culver
Morris, Nichols, Arsht & Tunnell LLP
contact info
Counter Defendant
Afaxys Pharma, LLC
Represented By
Kathleen M. Miller
Smith, Katzenstein, & Jenkins LLP
contact info
Robert Karl Beste, III
Smith, Katzenstein, & Jenkins LLP
contact info
Daniel Taylor
Smith, Katzenstein & Jenkins LLP
contact info
Julie M. O'Dell
Smith, Katzenstein & Jenkins, LLP
contact info
Margaret Peg Donahue Hall
contact info
Laurie N. Patton
contact info
Defendant
TherapeuticsMD, Inc.
Represented By
Donna Lynn Culver
Morris, Nichols, Arsht & Tunnell LLP
contact info
Plaintiff
Afaxys Pharma, LLC
Represented By
Kathleen M. Miller
Smith, Katzenstein, & Jenkins LLP
contact info
Robert Karl Beste, III
Smith, Katzenstein, & Jenkins LLP
contact info
Daniel Taylor
Smith, Katzenstein & Jenkins LLP
contact info
Julie M. O'Dell
Smith, Katzenstein & Jenkins, LLP
contact info
Margaret Peg Donahue Hall
contact info
Laurie N. Patton
contact info


Docket last updated: 2 hours ago
Thursday, April 18, 2024
26 26 order SO ORDERED ~Util - Terminate Civil Case Thu 04/18 2:52 PM
SO ORDERED re25 Stipulation of Dismissal with prejudice ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 4/18/2024. (dlw)
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25 25 misc Stipulation of Dismissal Thu 04/18 2:37 PM
STIPULATION of Dismissal by Afaxys Pharma, LLC. (Taylor, Daniel)
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Friday, February 09, 2024
24 24 discov Notice of Service Fri 02/09 5:16 PM
NOTICE OF SERVICE of Plaintiff Afaxys Pharma, LLC's, (1) First Set of Requests for Production of Documents and Things (Nos. 1-29); and (2) First Set of Interrogatories (Nos. 1-13) filed by Afaxys Pharma, LLC.(Taylor, Daniel)
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Thursday, December 21, 2023
23 23 discov Notice of Service Thu 12/21 3:06 PM
NOTICE OF SERVICE of Defendant/Counterclaim Plaintiff's Rule 26(a)(1) Initial Disclosures and Paragraph 3 Disclosures filed by TherapeuticsMD, Inc..(Culver, Donna)
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22 22 discov Notice of Service Thu 12/21 10:23 AM
NOTICE OF SERVICE of Plaintiff Afaxys Pharma, LLC's initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) and Paragraph 3 of the District of Delaware Default Standard for Discovery filed by Afaxys Pharma, LLC.(Taylor, Daniel)
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Monday, December 04, 2023
21 21 order Protective Order Mon 12/04 10:39 AM
STIPULATED PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 12/4/2023. (dlw)
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Friday, December 01, 2023
20 20 misc Proposed Order Fri 12/01 11:51 AM
PROPOSED ORDER Stipulated Protective Order by Afaxys Pharma, LLC. (Taylor, Daniel) Modified on 12/1/2023 (mdb)
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Tuesday, November 21, 2023
19 19 order Scheduling Order - General Tue 11/21 11:22 AM
SCHEDULING ORDER: Joinder of Parties due by 4/16/2024. Amended Pleadings due by 4/16/2024. Fact Discovery completed by 8/30/2024. Opening Expert Reports due by 9/27/2024. Rebuttal Expert Reports due by 10/25/2024. Reply Expert Reports due by 11/8/2024. Expert Discovery due by 12/13/2024. A Pretrial Conference is set for 4/1/2025 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 4-day Bench Trial is set for 4/8/2025 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 11/21/2023. (dlw)
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Thursday, November 16, 2023
18 18 misc Letter Thu 11/16 12:15 PM
Letter to The Honorable Maryellen Noreika from Daniel A. Taylor regarding The Parties' Joint Proposed Scheduling Order.(Taylor, Daniel)
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Att: 1 Exhibit A - Joint Proposed Scheduling Order
Wednesday, October 18, 2023
17 17 misc Redacted Document Wed 10/18 2:53 PM
REDACTED VERSION of3 Exhibit to a Document,7 Answer to Complaint (Notice of Removal), Counterclaim,16 Exhibit to a Document by Afaxys Pharma, LLC. (Taylor, Daniel)
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16 16 misc Exhibit to a Document Wed 10/18 12:58 PM
[SEALED] EXHIBIT re15 Opening Brief in Support by Afaxys Pharma, LLC. (Taylor, Daniel) Modified on 10/18/2023 (dlw)
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15 15 respm Brief - Opening Brief in Support Wed 10/18 12:53 PM
OPENING BRIEF in Support re14 Unopposed MOTION to Seal Defendant TherapeuticsMD, Inc.'s Answer and Counterclaim (D.I. 3-1; D.I. 7) filed by Afaxys Pharma, LLC. Answering Brief/Response due date per Local Rules is 11/1/2023. (Taylor, Daniel) Modified on 10/18/2023 (dlw)
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14 14 motion Seal Wed 10/18 12:50 PM
Unopposed MOTION to Seal Defendant TherapeuticsMD, Inc.'s Answer and Counterclaim (D.I. 3-1; D.I. 7) - filed by Afaxys Pharma, LLC.(Taylor, Daniel) Modified on 10/18/2023 (dlw)
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Att: 1 Text of Proposed Order
order SO ORDERED Wed 10/18 2:03 PM
SO ORDERED re14 Unopposed MOTION to Seal Defendant TherapeuticsMD, Inc.'s Answer and Counterclaim (D.I. 3-1; D.I. 7) - IT IS HEREBY ORDERED that the unopposed motion is GRANTED. ORDERED by Judge Maryellen Noreika on 10/18/2023. (dlw)
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Tuesday, October 17, 2023
13 13 order Oral Order Tue 10/17 3:07 PM
ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 10/17/2023. (dlw)
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12 12 answer Answer to Counterclaim Tue 10/17 12:22 PM
ANSWER to7 Answer to Complaint (Notice of Removal), Counterclaim by Afaxys Pharma, LLC.(Taylor, Daniel)
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Friday, October 13, 2023
utility Add Attorneys - PHV only Fri 10/13 9:38 AM
Pro Hac Vice Attorneys Margaret Peg Donahue Hall and Laurie N. Patton for Afaxys Pharma, LLC 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. (mpb)
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Tuesday, October 10, 2023
11 11 motion Appear Pro Hac Vice Tue 10/10 3:38 PM
MOTION for Pro Hac Vice Appearance of Attorney Margaret "Peg" Donahue Hall and Laurie N. Patton - filed by Afaxys Pharma, LLC. (Taylor, Daniel)
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order SO ORDERED Tue 10/10 4:38 PM
SO ORDERED re11 MOTION for Pro Hac Vice Appearance of Attorney Margaret "Peg" Donahue Hall and Laurie N. Patton filed by Afaxys Pharma, LLC. ORDERED by Judge Maryellen Noreika on 10/10/2023. (dlw)
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Wednesday, October 04, 2023
10 10 misc Disclosure Statement - Rule 7.1 Wed 10/04 4:20 PM
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Afaxys, Inc. for Afaxys Pharma, LLC filed by Afaxys Pharma, LLC. (Taylor, Daniel)
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9 9 misc Redacted Document Wed 10/04 4:15 PM
REDACTED VERSION of3 Exhibit to a Document State Court Complaint by Afaxys Pharma, LLC. (Taylor, Daniel)
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utility Case Assigned/Reassigned Wed 10/04 1:34 PM
Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
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Friday, September 29, 2023
8 8 notice Notice of Attorney Appearance - Substitution of Counsel Fri 09/29 12:07 PM
NOTICE OF SUBSTITUTION OF COUNSEL re Afaxys Pharma, LLC: Entry of appearance of attorney Daniel Taylor. Attorney Kathleen M. Miller terminated. (Taylor, Daniel)
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utility - CORRECTING ENTRY Fri 09/29 8:19 AM
CORRECTING ENTRY: Previously filed answer has been DELETED. Counsel is advised to refile using the appropriate code. (Answer to Complaint - Notice of Removal) (smg)
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Thursday, September 28, 2023
7 7 answer Answer to Complaint Counterclaim Thu 09/28 4:38 PM
[SEALED] ANSWER to Complaint (Notice of Removal), COUNTERCLAIM Defendant's Answer to Complaint and Counterclaims against Afaxys Pharma, LLC by TherapeuticsMD, Inc..(Culver, Donna)
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Att: 1 Certificate of Service
6 6 2 pgs order Order on Motion to Seal Thu 09/28 4:08 PM
ORDER granting D.I.1 MOTION for Leave to File Under Seal - filed by TherapeuticsMD, Inc. (See Order for additional details) Signed by Judge Colm F. Connolly on 09/28/2023. (smg)
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utility Remark Thu 09/28 10:22 AM
Remark: Exit copies to Duty Judge CFC. (smg)
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utility Remark Thu 09/28 4:09 PM
Remark: Case submitted for routine judicial assignment. (smg)
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Wednesday, September 27, 2023
5 5 misc Disclosure Statement - Rule 7.1 Thu 09/28 10:14 AM
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by TherapeuticsMD, Inc.(smg)
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Att: 1 Certificate of Service
4 4 misc Magistrate Consent Forms Thu 09/28 10:12 AM
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg)
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3 3 misc Exhibit to a Document Thu 09/28 10:09 AM
[SEALED] EXHIBIT - State Court Complaint re2 Notice of Removal, by TherapeuticsMD, Inc.(smg)
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Att: 1 Defendant's Answer to Complaint and Counterclaims
2 2 notice Notice of Removal Thu 09/28 10:07 AM
NOTICE OF REMOVAL and copies of documents from Delaware Superior Court, Case Number N23C 08-00220 PRW CCLD (Filing fee $402, receipt number ADEDC-4234315)- filed by TherapeuticsMD, Inc.(smg)
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Att: 1 Exhibit A,
Att: 2 Civil Cover Sheet,
Att: 3 Certificate of Service
1 1 motion Seal Thu 09/28 10:05 AM
MOTION for Leave to File Under Seal - filed by TherapeuticsMD, Inc.(smg)
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Att: 1 Text of Proposed Order,
Att: 2 Certificate of Service