LABORATORY CORPORATION OF AMERICA HOLDINGS v. KEARNS
| North Carolina Middle District Court | |
| Judge: | Thomas D Schroeder |
| Referred: | Joe L Webster |
| Case #: | 1:14-cv-01029 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | Dec 09, 2014 |
| Terminated: | Mar 20, 2015 |
| Last checked: Sunday Jun 07, 2015 9:32 AM EDT |
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Counter Claimant
WILLIAM G. KEARNS
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Represented By
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Counter Defendant
LABORATORY CORPORATION OF AMERICA HOLDINGS
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Represented By
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Defendant
William G. Kearns
18216 McKernon Way
Poolsville, MD 20837 |
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Defendant
WILLIAM G. KEARNS
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Represented By
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Plaintiff
LABORATORY CORPORATION OF AMERICA HOLDINGS
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Represented By
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GPO
Jan 30 2015
MEMORANDUM OPINION AND ORDER: Plaintiff LabCorp's motion for a preliminary injunction (Docs. 3, 17) GRANTED in part and DENIED in part, and Defendant Kearns be PRELIMINARILY ENJOINED as set out. This Preliminary Injunction shall only become effective when Plaintiff LabCorp gives security to the Clerk of Court in the amount of $775,000. Signed by JUDGE THOMAS D. SCHROEDER on 1/30/2015. (Powell, Gloria). |
| Docket last updated: 11 hours ago |
| Thursday, March 26, 2015 | ||
| 36 | 36
order
Order on Motion for Release of Bond Obligation
Thu 03/26 3:04 PM
ORDER signed by JUDGE THOMAS D. SCHROEDER on 03/26/2015. IT IS ORDERED that the surety bond posted on February 3, 2015, in the amount of seven hundred seventy five thousand and 00/100 ($775,000.00) is hereby released to Plaintiff Laboratory Corporation of American Holdings. (Coyne, Michelle) |
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| Tuesday, March 24, 2015 | ||
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utility
Motions Submitted
Tue 03/24 12:10 PM
Motions Submitted:35 MOTION for Release of Bond Obligation to JUDGE THOMAS D. SCHROEDER. (Powell, Gloria) |
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| Monday, March 23, 2015 | ||
| 35 | 35
motion
Release of Bond Obligation
Mon 03/23 12:30 PM
MOTION for Release of Bond Obligation by LABORATORY CORPORATION OF AMERICA HOLDINGS. Responses due by 4/16/2015(DUPUY, JENNIFER) |
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Att: 1
Text of Proposed Order
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| Friday, March 20, 2015 | ||
| 34 | 34
misc
Stipulation of Dismissal
Fri 03/20 11:42 AM
STIPULATION of Dismissal of Case with Prejudice by LABORATORY CORPORATION OF AMERICA HOLDINGS. (DUPUY, JENNIFER) |
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| Thursday, March 19, 2015 | ||
| 33 | 33
order
Order on Motion for Permanent Injunction
Fri 03/20 9:09 AM
ORDER signed by JUDGE THOMAS D. SCHROEDER on 03/19/2015 GRANTING 32 Consent Motion for Permanent Injunction. (Coyne, Michelle) |
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| Tuesday, March 17, 2015 | ||
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notice
Notice - Other
Tue 03/17 2:45 PM
ELECTRONIC NOTICE TO COUNSEL: Due to the filing of32 Consent Motion for Permanent Injunction, the Initial Pretrial Conference scheduled for March 18, 2015 is CANCELLED. (Powell, Gloria) |
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| Monday, March 16, 2015 | ||
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utility
Motions Submitted
Mon 03/16 6:05 PM
Motions Submitted:32 Consent MOTION for Permanent Injunction (Proposed Order) to JUDGE THOMAS D. SCHROEDER. (Powell, Gloria) |
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| Friday, March 13, 2015 | ||
| 32 | 32
motion
Permanent Injunction
Fri 03/13 5:22 PM
Consent MOTION for Permanent Injunction (Proposed Order) by LABORATORY CORPORATION OF AMERICA HOLDINGS. Responses due by 4/6/2015 (DUPUY, JENNIFER) |
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| Monday, February 09, 2015 | ||
| 31 | 31
notice
Notice of Initial Pretrial Conference Hearing
Mon 02/09 1:50 PM
NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 3/18/2015 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
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| Tuesday, February 03, 2015 | ||
| 30 | 30
misc
Bond
Tue 02/03 3:28 PM
Surety BOND in the amount of $775,000.00,Bond No. 106207143, posted by LABORATORY CORPORATION OF AMERICA HOLDINGS, signed by Judge JUDGE THOMAS D. SCHROEDER..(DUPUY, JENNIFER) |
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Att: 1
Exhibit Surety Bond
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| Friday, January 30, 2015 | ||
| 29 | 29
order
Order on Motion for Preliminary Injunction
Fri 01/30 6:01 PM
MEMORANDUM OPINION AND ORDER: Plaintiff LabCorp's motion for a preliminary injunction (Docs. 3, 17) GRANTED in part and DENIED in part, and Defendant Kearns be PRELIMINARILY ENJOINED as set out. This Preliminary Injunction shall only become effective when Plaintiff LabCorp gives security to the Clerk of Court in the amount of $775.000. Signed by JUDGE THOMAS D. SCHROEDER on 1/30/2015. (Powell, Gloria) |
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| Thursday, January 29, 2015 | ||
| 28 | 28
answer
Answer to Complaint
Thu 01/29 1:38 PM
REPLY/ ANSWER to Complaint /DEFENDANT'S COUNTERCLAIM by LABORATORY CORPORATION OF AMERICA HOLDINGS. (DUPUY, JENNIFER) |
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| Monday, January 12, 2015 | ||
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minutes
Motion Hearing
Mon 01/12 12:16 PM
Minute Entry for proceedings held before JUDGE THOMAS D. SCHROEDER in WS-2: Motion Hearing held on 1/12/2015 re MOTION for Preliminary Injunction filed by LABORATORY CORPORATION OF AMERICA HOLDINGS. Attorneys Steiner, Chakeres (in-house), Dupuy, Vasco and Epner present. Arguments presented. Court takes under advisement. (Court Reporter Joseph Armstrong.) (Powell, Gloria) |
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| Thursday, January 08, 2015 | ||
| 27 | 27
respm
Declaration
Thu 01/08 5:17 PM
DECLARATION filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re24 Reply to Response to Motion, [ROBERT STEINER] filed by LABORATORY CORPORATION OF AMERICA HOLDINGS.(DUPUY, JENNIFER) |
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Att: 1
Exhibit A-Additional transcript excerpts from the deposition of William Kearns of 12/29/14
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| 26 | 26
respm
Declaration
Thu 01/08 5:15 PM
DECLARATION filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re24 Reply to Response to Motion, [JEFFREY SCHMALZ] filed by LABORATORY CORPORATION OF AMERICA HOLDINGS.(DUPUY, JENNIFER) |
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Att: 1
Exhibit A-LabCorp's Preimplantation Genetics services Key Contact Information,
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Att: 2
Exhibit B-Letter dated 4/23/14 from LapCorp to Client,
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Att: 3
Exhibit C-Redacted emails from Jeff Schmalz to William Kearns
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| 25 | 25
respm
Declaration
Thu 01/08 5:09 PM
DECLARATION of Eric Rotthoff filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re24 Reply to Response to Motion, filed by LABORATORY CORPORATION OF AMERICA HOLDINGS. (DUPUY, JENNIFER) |
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| 24 | 24
respm
Reply to Response to Motion
Thu 01/08 5:06 PM
REPLY, filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS, to Response to2 MOTION for Temporary Restraining Order and Expedited Discovery filed by LABORATORY CORPORATION OF AMERICA HOLDINGS.(DUPUY, JENNIFER) |
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Att: 1
Attachment - Unpublished Opinions
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| 23 | 23
answer
Answer to Complaint Counterclaim
Thu 01/08 3:59 PM
ANSWER to1 Complaint, , Counterclaim against by WILLIAM G. KEARNS. (THIES, MARGARET) |
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utility
Motions Submitted
Thu 01/08 7:35 PM
Motions Submitted: MOTION for Preliminary Injunction to JUDGE THOMAS D. SCHROEDER- (Powell, Gloria) |
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| Monday, January 05, 2015 | ||
| 22 | 22
respm
Response in Opposition to Motion
Mon 01/05 5:55 PM
RESPONSE in Opposition re19 Memorandum, and Plaintiff's Motion for Preliminary Injunction (Doc #2) filed by WILLIAM G. KEARNS. Replies due by 1/8/2015.(THIES, MARGARET) |
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Att: 1
Exhibit 1 - Declaration of William G. Kearns, Ph.D.,
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Att: 2
Exhibit 2 - Excerpts from Deposition of Dr. Kearns,
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Att: 3
Exhibit 3 - Declaration of Richard A. Leach, Ph.D.
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utility
Motions Submitted
Mon 01/05 2:18 PM
Motions Submitted:18 MOTION to Exceed Page Limit in Opposition to Motion for Preliminary Injunction to JUDGE THOMAS D. SCHROEDER- (Powell, Gloria) |
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| Wednesday, December 31, 2014 | ||
| 21 | 21
respm
Declaration
Wed 12/31 6:01 PM
DECLARATION filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re19 Memorandum, [DECLARATION OF ERIC ROTTHOFF filed by LABORATORY CORPORATION OF AMERICA HOLDINGS. (DUPUY, JENNIFER) |
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| 20 | 20
respm
Declaration
Wed 12/31 5:59 PM
DECLARATION filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re19 Memorandum, [DECLARATION OF ROBERT STEINER] filed by LABORATORY CORPORATION OF AMERICA HOLDINGS.(DUPUY, JENNIFER) |
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Att: 1
Exhibit A-Relevant Excerpts to Deposition Transcript of William G. Kearns,
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Att: 2
Exhibit B-Relevant Exhibits to Transcript of Deposition of William G. Kearns
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| 19 | 19
respm
Memorandum
Wed 12/31 5:54 PM
MEMORANDUM filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re2 MOTION for Temporary Restraining Order and Expedited Discovery [MEMORANDUM OF LAW IN SUPPORT OF ITS APPLICATION FOR A PRELIMINARY INJUNCTION filed by LABORATORY CORPORATION OF AMERICA HOLDINGS.(DUPUY, JENNIFER) |
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Att: 1
Unpublished Opinions,
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Att: 2
Text of Proposed Order
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| 18 | 18
motion
To Exceed Page Limit
Wed 12/31 4:44 PM
MOTION to Exceed Page Limit in Opposition to Motion for Preliminary Injunction by WILLIAM G. KEARNS. Responses due by 1/26/2015(THIES, MARGARET) |
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Att: 1
Text of Proposed Order Proposed Order Granting Leave to Exceed Page Limit
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| Wednesday, December 17, 2014 | ||
| 17 | 17
order
Order
Wed 12/17 2:35 PM
CONSENT ORDER FOR TEMPRORARY RESTRAINTS AND EXPEDITED DISCOVERY signed by JUDGE THOMAS D. SCHROEDER on 12/17/2014. ORDERED that as of December 22, 2014 Defendant Kearns is restrained and enjoined from directly or indirectly through a subordinate, co-worker, peer, or any other person or entity, including but not limited to AdvaGenix LLC (AdvaGenix), contacting, soliciting or communicating with a customer or potential customer of LabCorp or its subsidiary or affiliated companies with whom Kearns had contact while employed at LabCorp for the purpose of (i) offering, selling, licensing or providing the same or substantially similar assays, commercial medical testing or anatomical pathology services offered and/or provided to such customer or potential customer by LabCorp or its subsidiary and affiliated companies or (ii) influencing said customers or potential customers decision on whether to purchase or use such assays, commercial medical testing or anatomical pathology services offered by LabCorp or its subsidiary and affiliated companies; FURTHER THAT as of December 22, 2014, Defendant Kearns, is restrained and enjoined from directly or indirectly consulting for, being employed by or otherwise engaged by any person, trade or business, including but not limited to AdvaGenix, either (i) involved in the research and development, licensing, production, distribution, or sale of preimplantation genetic diagnosis and testing that directly competes with LabCorp or any of its subsidiary and affiliated companies in the same geographic markets serviced by them or (ii) supplies, services, advises or consults with a person, trade or business involved in the research and development, licensing, production, distribution, or sale of preimplantation genetic diagnosis and testing that directly competes with LabCorp or any of its subsidiary or affiliated companies in the same geographic markets serviced by it; FURTHER THAT this Consent Temporary Restraining Order shall expire upon the earlier of (1) the court's decision on the Motion for Preliminary Injunction or (2) close of business on January 12, 2015 (unless the parties consent to an extension beyond January 12, 2015); FURTHER THAT Defendant Kearns agrees to respond to pending document requests by December 23, 2014 and to appear for deposition in Bethesda, Maryland on December 29, 2014; FURTHER THAT a hearing on Plaintiff Labcorp's Motion for Preliminary Injunction is set for January 12, 2015 at 10:00 am in Winston-Salem, NC in Courtroom No. 2; FURTHER THAT Plaintiff Labcorp shall file any papers in further support of its Motion for Preliminary Injunction on or before December 31, 2014; FURTHER THAT Defendant Kearns' Opposition of Plaintiff's Motion for a Preliminary Injunction shall be filed on or before January 5, 2015; FURTHER THAT Plaintiff's reply in further support of its Motion for a Preliminary Injunction shall be filed on or before January 8, 2015. (Israel, Lisa) |
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utility
Set/Reset Deadlines/Hearings
Wed 12/17 3:11 PM
Set Hearing: Plaintiff Labcorp's Motion for Preliminary Injunction Hearing set for 1/12/2015, 10:00 AM in Winston-Salem, Courtroom #2.(Butler, Carol) |
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Set/Reset Motion and R and R Deadlines/Hearings
Wed 12/17 3:28 PM
Set Deadlines:Plaintiff's Reply in further support of it's MOTION for Temporary Restraining Order due by 1/8/2015. (Butler, Carol) |
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| Tuesday, December 16, 2014 | ||
| 16 | 16
notice
Notice of Appearance
Tue 12/16 2:39 PM
NOTICE of Appearance by attorney MAURY S. EPNER on behalf of Defendant WILLIAM G. KEARNS (EPNER, MAURY) |
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| 15 | 15
motion
Joint Motion
Tue 12/16 8:43 AM
JOINT MOTION for Telephonic Scheduling Conference with Chambers by WILLIAM G. KEARNS. (THIES, MARGARET) |
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utility
Motions Submitted
Tue 12/16 9:50 AM
Motions Submitted:15 JOINT MOTION for Telephonic Scheduling Conference with Chambers to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne) |
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| Thursday, December 11, 2014 | ||
| 14 | 14
notice
Notice of Appearance
Thu 12/11 3:43 PM
NOTICE of Appearance by attorney MARGARET K. THIES on behalf of Defendant WILLIAM G. KEARNS (THIES, MARGARET) |
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| 13 | 13
notice
Notice of Appearance
Thu 12/11 3:38 PM
NOTICE of Appearance by attorney MARK VASCO on behalf of Defendant WILLIAM G. KEARNS (VASCO, MARK) |
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utility
Motions Submitted
Thu 12/11 1:21 PM
Motions Submitted:2 MOTION for Temporary Restraining Order and Expedited Discovery to JUDGE THOMAS D. SCHROEDER- (Solomon, Dianne) |
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notice
Telephonic Notice
Thu 12/11 4:03 PM
Telephone Notice to Mark Vasco, Esq. on 12/11/2014 advising counsel of hearing scheduled 12/18/2014 02:00 PM in Winston-Salem, Courtroom No. 2. Additionally, counsel informed that a response to2 MOTION for Temporary Restraining Order and Expedited Discovery is due on Wednesday, 12/17/2014 12:00 PM. (Solomon, Dianne) |
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utility
Set/Reset Motion and R and R Deadlines/Hearings
Thu 12/11 4:04 PM
Reset Deadlines re2 MOTION for Temporary Restraining Order and Expedited Discovery ; Response due by 12/17/2014 at 12:00 PM (Solomon, Dianne) |
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| Wednesday, December 10, 2014 | ||
| 12 | 12
notice
Notice of Appearance
Wed 12/10 6:01 PM
NOTICE of Appearance by attorney ROBERT I. STEINER on behalf of Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS (STEINER, ROBERT) |
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| 11 | 11
notice
Notice of Hearing
Wed 12/10 4:36 PM
NOTICE of Hearing: Motion Hearing set for 12/18/2014 02:00 PM in Winston-Salem Courtroom #2 before JUDGE THOMAS D. SCHROEDER. (Solomon, Dianne) |
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| 10 | 10
notice
Notice of Appearance
Wed 12/10 2:26 PM
NOTICE of Appearance by attorney JENNIFER H. DUPUY on behalf of Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS (DUPUY, JENNIFER) |
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| 9 | 9
notice
Notice of Right to Consent
Wed 12/10 10:57 AM
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Coyne, Michelle) |
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| 8 | 8
service
Summons Issued
Wed 12/10 10:57 AM
Summons Issued as to WILLIAM G. KEARNS. (Coyne, Michelle) |
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utility
Case Referred to Mediation
Wed 12/10 9:19 AM
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. (Coyne, Michelle) |
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Set/Reset Deadlines/Hearings
Wed 12/10 4:37 PM
Set/Reset Deadlines/Hearings: Motion Hearing set for 12/18/2014 02:00 PM in Winston-Salem Courtroom #2 before JUDGE THOMAS D. SCHROEDER. (Solomon, Dianne) |
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| Tuesday, December 09, 2014 | ||
| 7 | 7
notice
Notice of Appearance
Tue 12/09 6:21 PM
NOTICE of Appearance by attorney PATRICIA T. BARTIS on behalf of Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS (BARTIS, PATRICIA) |
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| 6 | 6
misc
Corporate Disclosure Statement
Tue 12/09 6:21 PM
Corporate Disclosure Statement by LABORATORY CORPORATION OF AMERICA HOLDINGS. (BARTIS, PATRICIA) |
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| 5 | 5
respm
Declaration
Tue 12/09 6:20 PM
DECLARATION filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re2 MOTION for Temporary Restraining Order and Expedited Discovery filed by LABORATORY CORPORATION OF AMERICA HOLDINGS.(BARTIS, PATRICIA) |
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Att: 1
Exhibit A - Empoyment Contract,
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Att: 2
Exhibit B - Operating Agreement,
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Att: 3
Exhibit C - Email Correspondence,
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Att: 4
Exhibit D - Letter from Weinstein,
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Att: 5
Exhibit E - Letter from Steiner,
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Att: 6
Exhibit F - 11-21-14 Email Correspondence
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| 4 | 4
respm
Declaration
Tue 12/09 6:14 PM
DECLARATION of Steven M. Anderson, Ph.D filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re2 MOTION for Temporary Restraining Order and Expedited Discovery filed by LABORATORY CORPORATION OF AMERICA HOLDINGS. (BARTIS, PATRICIA) |
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| 3 | 3
respm
Memorandum
Tue 12/09 6:12 PM
MEMORANDUM filed by Plaintiff LABORATORY CORPORATION OF AMERICA HOLDINGS re2 MOTION for Temporary Restraining Order and Expedited Discovery filed by LABORATORY CORPORATION OF AMERICA HOLDINGS. (BARTIS, PATRICIA) |
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| 2 | 2
motion
Temporary Restraining Order
Tue 12/09 6:11 PM
MOTION for Temporary Restraining Order and Expedited Discovery by LABORATORY CORPORATION OF AMERICA HOLDINGS. Responses due by 1/2/2015(BARTIS, PATRICIA) |
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Att: 1
Text of Proposed Order
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| 1 | 1
cmp
Complaint
Tue 12/09 6:09 PM
COMPLAINT against William G. Kearns ( Filing fee $ 400 receipt number 0418-1619037.), filed by LABORATORY CORPORATION OF AMERICA HOLDINGS.(BARTIS, PATRICIA) |
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Att: 1
Exhibit A - Kearns Patent Application,
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Att: 2
Exhibit B - Patent Application Information Retrieval,
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Att: 3
Exhibit C - Patent Office Action Summary,
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Att: 4
Exhibit D - Patent Office Notice of Abandonement,
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Att: 5
Civil Summons
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