In Re: BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation

Application Number	Patent Number	External Links
-	US6051379	Espacenet Google Patents

TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation. The following cases as listed in Schedule A, are transferred to our district pursuant to 28 USC 1407; Central District of California - Quest Diagnostics Incorporated et al v Myriad Genetics, Inc 8:13cv01587; Northern District of California - Counsyl, Inc v Myriad Genetics, Inc, 5:13cv4391; District of Utah - University of Utah Research Foundation et al v Ambry Genetics, 2:13cv640; University of Utah Research Foundation et al v Quest Diagnostics, 2:13cv 967. Signed by John G. Heyburn II, Chairman of the Panel on Multidistrict Litigation on 02/25/14. Case assigned to Judge Robert J. Shelby (rks) (Entered: 02/27/2014)

2014-02-25

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MDL MEMBER CASE ADDED (USDC District of Utah, 2:13cv640, 2:13cv 954, 2:13cv967) Pursuant to 1 MDL Transfer Order (rks) (Entered: 02/28/2014)

2014-02-28

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CONDITIONAL TRANSFER ORDER from Judicial Panel on Multidistrict Litigation The following case as listed in Schedule CTO-1, is transferred to our district pursuant to 28 USC 1407; Northern District of California - Invitae Corporation v. Myriad Genetics, Inc 13-5495; signed by Jeffery N. Luthi, Clerk of the MDL Panel on 2/28/14. (rks) (Entered: 02/28/2014)

2014-02-28

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MDL MEMBER CASE OPENED as 2:14cv150. (USDC Northern District of California, 5:13cv4391) Pursuant to MDL Conditional Transfer Order CTO# 1 (jwt) (Entered: 02/28/2014)

2014-02-28

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MDL MEMBER CASE OPENED as 2:14cv152. ( USDC Central California, 8:13cv1587) Pursuant to 1 MDL Transfer Order (rks) (Entered: 03/03/2014)

2014-03-03

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MDL MEMBER CASE OPENED as 2:14cv00153. ( USDC for Northern District of California, 3:13cv05495) Pursuant to MDL Conditional Transfer Order CTO# 1 (jwt) (Entered: 03/04/2014)

2014-03-04

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MEMORANDUM DECISION and Order Denying Plaintiffs' Motion for Preliminary Injunction (Docket Number 5 in case 2:13cv640). See order for details. Signed by Judge Robert J. Shelby on 3/10/2014. (jwt)

2014-03-10

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ORDER and Notice of Case Management Hearing.( Scheduling Conference set for 4/25/2014 02:00 PM in Rm 7.300 before Judge Robert J. Shelby.) Signed by Judge Robert J. Shelby on 3/10/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS(jwt) (Entered: 03/10/2014)

2014-03-10

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NOTICE OF APPEAL filed by Myriad Genetics. Appeals to the USCA for the Federal Circuit. Filing fee $ 505, receipt number 1088-2013981. (Biegler, Geoff) (Entered: 03/13/2014)

2014-03-13

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Transmission of Preliminary Record to USCA-Federal Circuit re 9 Notice of Appeal. (Attachments: # 1 Appendix)(jmr) (Entered: 03/14/2014)

2014-03-14

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USCA Case Number Case Appealed to Federal Circuit Case Number 14-1366 for 9 Notice of Appeal filed by Myriad Genetics. (jmr) (Entered: 03/19/2014)

2014-03-19

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ORDER Assigning Case to MDL Case Pursuant to MDL Panel Ruling (entered in case 2:13cv1049-RJS). Signed by Judge Robert J. Shelby on 3/19/2014. (jwt) (Entered: 03/21/2014)

2014-03-21

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MDL MEMBER CASE ADDED ( USDC District of Utah, 2:13-cv-1049) per 12 Order Assigning case to MDL Case Pursuant to MDL Panel Ruling. (jwt) (Entered: 03/21/2014)

2014-03-21

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ORDER for Assignment to MDL Case No. 2:14-MD-2510 (entered as docket no. 37 in case 2:13-cv-1069-RJS). Signed by Judge Robert J. Shelby on 3/19/2014. (jwt) (Entered: 03/21/2014)

2014-03-21

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MDL MEMBER CASE ADDED ( USDC District of Utah, 2:13-cv-1069) Pursuant to 14 ORDER for Assignment to MDL Case No. 2:14-MD-2510 (jwt) (Entered: 03/21/2014)

2014-03-21

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MOTION Transfer Pursuant to Section 1404 and Memorandum in Support filed by MDL Notice Myriad Genetics. (Attachments: # 1 Exhibit 1 - Tentative Order, # 2 Text of Proposed Order)(Johnson, Kristine) (Entered: 03/21/2014)

2014-03-21

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ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Invitae Corporation filed by Myriad Genetics.(Johnson, Kristine) (Entered: 03/21/2014)

2014-03-21

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MOTION Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extension of Time and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Exhibit A - Proposed Discovery, # 2 Text of Proposed Order)(Johnson, Kristine) (Entered: 03/21/2014)

2014-03-21

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AFFIDAVIT/DECLARATION of Christopher Ho in Support re 18 MOTION Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extension of Time and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine) (Entered: 03/21/2014)

2014-03-21

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NOTICE of Withdrawal of Motion to Transfer by Myriad Genetics re 16 MOTION Transfer Pursuant to Section 1404 and Memorandum in Support (McCarthy, Michael) (Entered: 04/02/2014)

2014-04-02

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MEMORANDUM in Opposition re 18 MOTION Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extension of Time and Memorandum in Support Invitae's Memorandum in Opposition to Plaintiffs' Motion to Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extending Time to Respond to Motion to Dismiss [Dkt. 18] Redocketed per request of the Clerk on April 6, 2014 filed by MDL Notice Invitae Corporation, Counter Defendant Invitae Corporation. (Cornish, Rita) Modified to reflect original file date on 4/7/2014 (rks). (Entered: 04/07/2014)

2014-04-04

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AFFIDAVIT/DECLARATION of Robert S. Clark in Opposition re 18 MOTION Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extension of Time and Memorandum in Support Invitae's Memorandum in Opposition to Plaintiffs' Motion to Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extending Time to Respond to Motion to Dismiss, Redocketed per request of the Clerk on April 6, 2014 filed by MDL Notice Invitae Corporation, Counter Defendant Invitae Corporation. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Clark, Robert) Modified to reflect original file date on 4/7/2014 (rks). (Entered: 04/07/2014)

2014-04-04

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NOTICE FROM THE COURT - The relocation move of the CM/ECF server disrupted some docketing which occurred between 2:20 pm on April 4 (Friday) and 12 midnight on April 4. An entry was made in this case but does not appear on the docket. If you e-filed anything in that period of time, it will be necessary for you to refile as soon as possible. If the event you are docketing allows extra text, please add this text to your docket entry: "Redocketed per request of the Clerk on April 6, 2014" (rks) (Entered: 04/06/2014)

2014-04-06

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ANSWER to Complaint with Jury Demand Invitae Corporation's Answer and Affirmative Defenses to Counterclaims [related to consolidated Case No. 13-cv-05495] filed by Invitae Corporation.(Cornish, Rita) (Entered: 04/11/2014)

2014-04-11

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MOTION for Admission Pro Hac Vice of Daralyn J. Durie and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029596, filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - proposed Order)(Krannich, Jess) (Entered: 04/14/2014)

2014-04-14

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MOTION for Admission Pro Hac Vice of Timothy C. Saulsbury and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029603, filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - ECF registration, # 3 Exhibit C - proposed Order)(Krannich, Jess) (Entered: 04/14/2014)

2014-04-14

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MOTION for Admission Pro Hac Vice of Mark A. Lemley and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029607, filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - proposed Order)(Krannich, Jess) (Entered: 04/14/2014)

2014-04-14

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MOTION for Admission Pro Hac Vice of Josephine Young and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029611, filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - ECF registration, # 3 Exhibit C - proposed Order)(Krannich, Jess) (Entered: 04/14/2014)

2014-04-14

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MOTION for Admission Pro Hac Vice of Rebecca Fett and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029622, filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - ECF registration, # 3 Exhibit C - proposed Order)(Krannich, Jess) (Entered: 04/14/2014)

2014-04-14

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MOTION for Admission Pro Hac Vice of Nicholas Groombridge and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029628, filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - ECF registration, # 3 Exhibit C - proposed Order)(Krannich, Jess) (Entered: 04/14/2014)

2014-04-14

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MOTION for Admission Pro Hac Vice of Kira A. Davis and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029632, filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - ECF registration, # 3 Exhibit C - proposed Order)(Krannich, Jess) (Entered: 04/14/2014)

2014-04-14

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ORDER granting (25) Motion for Admission Pro Hac Vice Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt) (Entered: 04/15/2014)

2014-04-15

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ORDER granting (26) Motion for Admission Pro Hac Vice Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt) (Entered: 04/15/2014)

2014-04-15

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ORDER granting (27) Motion for Admission Pro Hac Vice Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt) (Entered: 04/15/2014)

2014-04-15

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ORDER granting (28) Motion for Admission Pro Hac Vice Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt) (Entered: 04/15/2014)

2014-04-15

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ORDER granting (29) Motion for Admission Pro Hac Vice of Rebecca Fett for Counsyl, Inc. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt) (Entered: 04/15/2014)

2014-04-15

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ORDER granting (30) Motion for Admission Pro Hac Vice of Nicholas Groombridge for Counsyl, Inc. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt) (Entered: 04/15/2014)

2014-04-15

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ORDER granting (31) Motion for Admission Pro Hac Vice Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 4/14/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt) (Entered: 04/15/2014)

2014-04-15

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DECLARATION of Sean E. George, Ph.D. Supplemental Declaration of Sean E. George, Ph.D., in Support of Motion to Dismiss for Lack of Personal Jurisdiction [Motion is filed as Dkt. No. 12 in Case No. 2:13-cv-1049] filed by Invitae Corporation. (Cornish, Rita) (Entered: 04/17/2014)

2014-04-17

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REPORT OF ATTORNEY PLANNING MEETING. (Attachments: # 1 Exhibit A - Plaintiffs' Proposed Scheduling Order, # 2 Exhibit B - Defendants' Proposed Scheduling Order)(Johnson, Kristine) (Entered: 04/18/2014)

2014-04-18

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EXHIBITS filed by BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation re 40 Attorney Planning Meeting. (Johnson, Kristine) (Entered: 04/18/2014)

2014-04-18

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NOTICE of Withdrawal of Motion to Dismiss Under Rule 12(B)(1) or, In the Alternative, to Transfer Quest's Declaratory Judgment Action by Myriad Genetics (McCarthy, Michael) (Entered: 04/22/2014)

2014-04-22

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NOTICE of Withdrawal of Motion to Dismiss, Transfer, or Stay in Favor of First-Filed Action in the United States District Court for the Central District of California by Quest Diagnostics, Quest Diagnostics Nichols Institute (Braithwaite, Jared) (Entered: 04/22/2014)

2014-04-22

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REPLY to Response to Motion re 18 MOTION Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extension of Time and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine) (Entered: 04/23/2014)

2014-04-23

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NOTICE of Appearance by Brady L. Rasmussen on behalf of Labroratory Corporation of America Holdings (Rasmussen, Brady) (Entered: 04/24/2014)

2014-04-24

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Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 4/25/2014. The court addresses the following: SCHEDULING. Mr. Mangum will prepare an order styled Pretrial Order No. 2-Scheduling Order and circulate to counsel. The court will generally follow the Local Patent Rules, but incorporate into the timing the parties' stipulations concerning various dates, as set forth in the Attorney Planning Meeting. Requests for extensions that are not stipulated will be carefully scrutinized. Plaintiffs must disclose accused instrumentalities by 5/2/2014. PENDING MOTIONS. A hearing on Quest's Motion for Leave to File First Amended Complaint, dkt. 32 in 2:14-cv-00152) is set for 6/6/2014 at 2:30 p.m. Quest's request to provide supplemental briefing on choice of law issues is granted. Quest's supplemental brief must be filed by 5/2/2014. Plaintiffs may file a response not later than 5/16/2014. Plaintiffs' Motion to Dismiss Ambry's Antitrust Counterclaims, dkt. 95 in 2:13-cv-00640, will also be heard on 6/6/2014 at 2:30 p.m. Discovery on antitrust issues will be stayed until the court rules on that motion. Concerning Invitae's Motion to Dismiss for Lack of Jurisdiction, dkt. 12 in 2:13-cv-01049, plaintiffs will have 60 days to complete discovery on issues relating to personal jurisdiction over Invitae, up to 6/24/2014. Plaintiffs Opposition to that Motion shall be filed no later than 7/8/2014. The court will set a hearing when the Opposition is filed. DISCOVERY ISSUES. Plaintiffs shall have 240 and Defendants 360 deposition hours. Depositions will generally be limited to 7 hours, with some exceptions. Inventors will be limited to 14 hours, and depositions must be completed in a single session, no more than 2 consecutive days, with each day limited to no more than seven hours. Each side will have 150 interrogatories, and 150 requests for admission (exclusive of requests for admission relating to the authenticity of documents, which will be unlimited). The court will employ the short form discovery process to resolve disputes as they arise. If parties submit discovery disputes to the court they should submit them to both Judge Shelby and Magistrate Judge Pead. The parties are working on an agreement regarding electronically stored information and a protective order. The parties will submit to Judge Shelby and Magistrate Judge Pead every 45 days a joint status report addressing any issues they wish to raise, any requests for a status conference, and also: 1) what has been done since the last status report; 2) what is currently scheduled; 3) what is the status of discovery; and 4) outstanding motions and the status of briefing. Set Deadlines/Hearing as to dkt entry 95 in 2:13-cv-00640-RJS, Plaintiffs MOTION to Dismiss Antitrust Counterclaims and dkt entry 32 in 2:14-cv-00152-RJS, MOTION for Leave to file FIRST AMENDED COMPLAINT. Motions set for hearing on 6/6/2014 at 2:30 PM in Rm 7.300 before Judge Robert J. Shelby. Court Reporter: Ray Fenlon. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS. Plaintiff's cnsl: Kristine Johnson, David Mangum, Michael McCarthy; Defendant's cnsl: William Gaede, Nick Groombridge, Larry Laycock, Martin Lueck, Emmett McMahon, Nirav Desai, Jared Braithwaite, Edgar Cataxinos, Charles Roberts, Richard Blaylock, Rita Cornish, Nirav Desai, Matias Ferrario, Leslie Grab, Kirke Hasson, Jess Krannich. (mjm) (Entered: 05/14/2014)

2014-04-25

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference held on 4/25/2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or 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 5/21/2014. Redacted Transcript Deadline set for 6/2/2014. Release of Transcript Restriction set for 7/29/2014. (jwt) Modified on 7/30/2014 by removing restricted text(las). (Entered: 04/30/2014)

2014-04-30

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Quest's Supplemental Memorandum of Law in Support of its Motion for Leave to File First Amended Complaint BRIEF filed by MDL NOtice Quest Diagnostics, Quest Diagnostics Nichols Institute. (Braithwaite, Jared) (Entered: 05/02/2014)

2014-05-02

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Defendants' ANSWER to Complaint for Declaratory Judgment and Counterclaims filed by Myriad Genetics.(McCarthy, Michael) (Entered: 05/06/2014)

2014-05-06

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COUNTERCLAIM (entered in case 2:14-cv-152, docket no. 60) against Quest Diagnostics, Quest Diagnostics Nichols Institute, filed by Myriad Genetics. (jwt) (Entered: 05/08/2014)

2014-05-06

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ORDER REGARDING BRIEFING SCHEDULE AND HEARING ON MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION. Pursuant to the Court's ruling at the 4/25/2014 Scheduling Conference in MDL Case No. 2:14-md-02510, it is hereby ordered as follows: The parties shall have sixty (60) days to complete discovery regarding the issues of personal jurisdiction raised in Invitae's MOTION to Dismiss for Lack of Jurisdiction, up to and including 6/24/2014. Plaintiff's Opposition to that Motion shall be filed no later than 7/8/2014. The deadline for Inviate's Reply, if any, shall be determined by applicaiton of the local rules. Signed by Judge Robert J. Shelby on 5/6/2014.. Signed by Judge Robert J. Shelby on 5/6/2014. (jwt) (Entered: 05/07/2014)

2014-05-07

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ORDER REGARDING BRIEFING SCHEDULE AND HEARING ON QUEST'S MOTION FOR LEAVE TO AMEND. Pursuant to the Court's ruling at the April 252, 104 Scheduling Conference in MDL case 2:14MD2510, it is hereby ordered as follows: the parties shall be granted leave to file supplemental briefs on Quest Diagnostics, Inc.'s and Quest Diagnostics Nichols Institute's (collectively Quest) Docket No. 32 MOTION for Leave to file FIRST AMENDED COMPLAINT, limited to choice of law issued and Myriad Genetics, Inc. (Myriad)'s argument that the proposed defamation claims are inappropriate for these MDL proceedings. Supplemental Brief due 5/2/2014. Response due 5/16/2014. Motion Hearing set for 6/6/2014 02:30 PM in Rm 7.300 before Judge Robert J. Shelby. Discovery on the proposed claim stayed pending resolution of the motion. Signed by Judge Robert J. Shelby on 5/6/2014. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah(jwt) (Entered: 05/07/2014)

2014-05-07

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ORDER REGARDING HEARING ON MYRIAD GENETICS CORP.'S re (95 in 2:13-cv-00640-RJS) MOTION to Dismiss and Memorandum in Support Antitrust Counterclaims. Pursuant to the Court's ruling at the April 25, 2014 Scheduling Conference in MDL Case No. 2:14-MD-02510 H Motion Hearing set for 6/6/2014 02:30 PM in Rm 7.300 before Judge Robert J. Shelby as to (95 in 2:13-cv-00640-RJS) MOTION to Dismiss and Memorandum in Support Antitrust Counterclaims. Discovery on the claims sought to be dismissed stayed pending this Court's ruling on the Motion. Signed by Judge Robert J. Shelby on 5/6/2014. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, UtahAssociated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt) (Entered: 05/07/2014)

2014-05-07

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ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania, University of Utah Research Foundation filed by Quest Diagnostics, Quest Diagnostics Nichols Institute.(Braithwaite, Jared) (Entered: 05/09/2014)

2014-05-09

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PRETRIAL ORDER NO. 2 - SCHEDULING ORDER: Amended Pleadings due by 7/1/2014. Joinder of Parties due by 7/1/2014. Discovery due by 2/6/2015. (See order for other deadlines.) The Court further orders that the parties submit a Joint Status Report to both Judge Robert J. Shelby and Magistrate Judge Dustin B. Pead every 45 days, with the first such report due on 6/9/2014. Signed by Judge Robert J. Shelby on 5/9/2014. (Attachments: # 1 Exhibit A - Short Form Discovery Motion Procedure)Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS(jwt) (Entered: 05/12/2014)

2014-05-09

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PRETRIAL ORDER NO. 2 - SCHEDULING ORDER: Amended Pleadings due by 7/1/2014. Joinder of Parties due by 7/1/2014. Discovery due by 2/6/2015. (See order for other deadlines.) The Court further orders that the parties submit a Joint Status Report to both Judge Robert J. Shelby and Magistrate Judge Dustin B. Pead every 45 days, with the first such report due on 6/9/2014. Signed by Judge Robert J. Shelby on 5/9/2014. (Attachments: # 1 Exhibit A - Short Form Discovery Motion Procedure)Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS(jwt) (Entered: 05/12/2014)

2014-05-09

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DOCKET TEXT ORDER granting in part and denying in part 18 in case 2:14-md-02510-RJS, Plaintiffs' Motion to Conduct Jurisdictional Discovery Simultaneously with Fact Discovery and Extending Time to Respond to Motion to Dismiss (relating to Invitae's Motion to Dismiss, Docket No. 12 in Case No. 2:13-cv-01049). The court has granted Plaintiffs 60 days within which to conduct jurisdictional discovery. For additional details, see 50, Order Regarding Briefing Schedule and Schedule and Hearing on Motion to Dismiss for Lack of Personal Jurisdiction. Signed by Judge Robert J. Shelby on 5/16/2015. No attached document. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-01049-RJS (Entered: 05/16/2014)

2014-05-16

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RESPONSE re 48 Brief,to Quest's Supplemental Memorandum of Law in Support of Quest's Motion for Leave to file First Amended Complaint filed by Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069). (Biegler, Geoff) (Entered: 05/16/2014)

2014-05-16

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DECLARATION of Geoff D. Biegler re 58 Response (NOT to motion), In Support of Myriad filed by Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069). (Attachments: # 1 Exhibit A to Declaration of Biegler ISO Myriad's Response to Quest's Supplemental Memorandum of Law ISO Quest's Motion for Leave to File First Amended Complaint)(Biegler, Geoff) (Entered: 05/16/2014)

2014-05-16

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DECLARATION of Geoff D. Biegler re 58 Response (NOT to motion), In Support of Myriad filed by Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069). (Attachments: # 1 Exhibit A to Declaration of Biegler ISO Myriad's Response to Quest's Supplemental Memorandum of Law ISO Quest's Motion for Leave to File First Amended Complaint)(Biegler, Geoff) (Entered: 05/16/2014)

2014-05-16

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NOTICE of Change of Address by Rita M. Cornish (Cornish, Rita) (Entered: 05/23/2014)

2014-05-23

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ANSWER to 53 Counterclaim filed by Quest Diagnostics, Quest Diagnostics Nichols Institute.(Laycock, Larry) (Entered: 05/29/2014)

2014-05-29

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MOTION to Dismiss and Memorandum in Support re Quest's Counterclaims for Defamation and Unfair Competition filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: # 1 Affidavit Declaration of Biegler ISO Mot to Dismiss, # 2 Exhibit 1 to Biegler Declaration, # 3 Exhibit 2 to Biegler Declaration, # 4 Exhibit 3 to Biegler Declaration, # 5 Exhibit 4 to Biegler Declaration, # 6 Exhibit 5 to Biegler Declaration, # 7 Exhibit 6 to Biegler Declaration, # 8 Text of Proposed Order Proposed Order Granting Mot to Dismiss)(Biegler, Geoff) Modified by unterming the motion per chambers on 8/26/2014 (rks). Modified by re-terming the motion on 8/26/2014 (rks). (Entered: 06/02/2014)

2014-06-02

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MOTION to Dismiss and Memorandum in Support re Quest's Counterclaims for Defamation and Unfair Competition filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: # 1 Affidavit Declaration of Biegler ISO Mot to Dismiss, # 2 Exhibit 1 to Biegler Declaration, # 3 Exhibit 2 to Biegler Declaration, # 4 Exhibit 3 to Biegler Declaration, # 5 Exhibit 4 to Biegler Declaration, # 6 Exhibit 5 to Biegler Declaration, # 7 Exhibit 6 to Biegler Declaration, # 8 Text of Proposed Order Proposed Order Granting Mot to Dismiss)(Biegler, Geoff) Modified by unterming the motion per chambers on 8/26/2014 (rks). Modified by re-terming the motion on 8/26/2014 (rks). (Entered: 06/02/2014)

2014-06-02

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MOTION to Dismiss and Memorandum in Support re Quest's Counterclaims for Defamation and Unfair Competition filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: # 1 Affidavit Declaration of Biegler ISO Mot to Dismiss, # 2 Exhibit 1 to Biegler Declaration, # 3 Exhibit 2 to Biegler Declaration, # 4 Exhibit 3 to Biegler Declaration, # 5 Exhibit 4 to Biegler Declaration, # 6 Exhibit 5 to Biegler Declaration, # 7 Exhibit 6 to Biegler Declaration, # 8 Text of Proposed Order Proposed Order Granting Mot to Dismiss)(Biegler, Geoff) Modified by unterming the motion per chambers on 8/26/2014 (rks). Modified by re-terming the motion on 8/26/2014 (rks). (Entered: 06/02/2014)

2014-06-02

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MOTION to Dismiss and Memorandum in Support re Quest's Counterclaims for Defamation and Unfair Competition filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: # 1 Affidavit Declaration of Biegler ISO Mot to Dismiss, # 2 Exhibit 1 to Biegler Declaration, # 3 Exhibit 2 to Biegler Declaration, # 4 Exhibit 3 to Biegler Declaration, # 5 Exhibit 4 to Biegler Declaration, # 6 Exhibit 5 to Biegler Declaration, # 7 Exhibit 6 to Biegler Declaration, # 8 Text of Proposed Order Proposed Order Granting Mot to Dismiss)(Biegler, Geoff) Modified by unterming the motion per chambers on 8/26/2014 (rks). Modified by re-terming the motion on 8/26/2014 (rks). (Entered: 06/02/2014)

2014-06-02

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MOTION to Dismiss and Memorandum in Support re Quest's Counterclaims for Defamation and Unfair Competition filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: # 1 Affidavit Declaration of Biegler ISO Mot to Dismiss, # 2 Exhibit 1 to Biegler Declaration, # 3 Exhibit 2 to Biegler Declaration, # 4 Exhibit 3 to Biegler Declaration, # 5 Exhibit 4 to Biegler Declaration, # 6 Exhibit 5 to Biegler Declaration, # 7 Exhibit 6 to Biegler Declaration, # 8 Text of Proposed Order Proposed Order Granting Mot to Dismiss)(Biegler, Geoff) Modified by unterming the motion per chambers on 8/26/2014 (rks). Modified by re-terming the motion on 8/26/2014 (rks). (Entered: 06/02/2014)

2014-06-02

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MOTION to Dismiss and Memorandum in Support re Quest's Counterclaims for Defamation and Unfair Competition filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: # 1 Affidavit Declaration of Biegler ISO Mot to Dismiss, # 2 Exhibit 1 to Biegler Declaration, # 3 Exhibit 2 to Biegler Declaration, # 4 Exhibit 3 to Biegler Declaration, # 5 Exhibit 4 to Biegler Declaration, # 6 Exhibit 5 to Biegler Declaration, # 7 Exhibit 6 to Biegler Declaration, # 8 Text of Proposed Order Proposed Order Granting Mot to Dismiss)(Biegler, Geoff) Modified by unterming the motion per chambers on 8/26/2014 (rks). Modified by re-terming the motion on 8/26/2014 (rks). (Entered: 06/02/2014)

2014-06-02

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MOTION to Dismiss and Memorandum in Support re Quest's Counterclaims for Defamation and Unfair Competition filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: # 1 Affidavit Declaration of Biegler ISO Mot to Dismiss, # 2 Exhibit 1 to Biegler Declaration, # 3 Exhibit 2 to Biegler Declaration, # 4 Exhibit 3 to Biegler Declaration, # 5 Exhibit 4 to Biegler Declaration, # 6 Exhibit 5 to Biegler Declaration, # 7 Exhibit 6 to Biegler Declaration, # 8 Text of Proposed Order Proposed Order Granting Mot to Dismiss)(Biegler, Geoff) Modified by unterming the motion per chambers on 8/26/2014 (rks). Modified by re-terming the motion on 8/26/2014 (rks). (Entered: 06/02/2014)

2014-06-02

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MOTION to Dismiss and Memorandum in Support re Quest's Counterclaims for Defamation and Unfair Competition filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: # 1 Affidavit Declaration of Biegler ISO Mot to Dismiss, # 2 Exhibit 1 to Biegler Declaration, # 3 Exhibit 2 to Biegler Declaration, # 4 Exhibit 3 to Biegler Declaration, # 5 Exhibit 4 to Biegler Declaration, # 6 Exhibit 5 to Biegler Declaration, # 7 Exhibit 6 to Biegler Declaration, # 8 Text of Proposed Order Proposed Order Granting Mot to Dismiss)(Biegler, Geoff) Modified by unterming the motion per chambers on 8/26/2014 (rks). Modified by re-terming the motion on 8/26/2014 (rks). (Entered: 06/02/2014)

2014-06-02

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MOTION to Dismiss and Memorandum in Support re Quest's Counterclaims for Defamation and Unfair Competition filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: # 1 Affidavit Declaration of Biegler ISO Mot to Dismiss, # 2 Exhibit 1 to Biegler Declaration, # 3 Exhibit 2 to Biegler Declaration, # 4 Exhibit 3 to Biegler Declaration, # 5 Exhibit 4 to Biegler Declaration, # 6 Exhibit 5 to Biegler Declaration, # 7 Exhibit 6 to Biegler Declaration, # 8 Text of Proposed Order Proposed Order Granting Mot to Dismiss)(Biegler, Geoff) Modified by unterming the motion per chambers on 8/26/2014 (rks). Modified by re-terming the motion on 8/26/2014 (rks). (Entered: 06/02/2014)

2014-06-02

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MOTION to Seal Document 58 Response (NOT to motion), and Memorandum in Support filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Attachments: # 1 Text of Proposed Order Proposed Order)(Biegler, Geoff) (Entered: 06/05/2014)

2014-06-05

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REDACTION to 63 MOTION to Seal Document 58 Response (NOT to motion), and Memorandum in Support MYRIADS RESPONSE TO QUESTS SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF QUEST'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics. (Biegler, Geoff) (Entered: 06/05/2014)

2014-06-05

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ORDER in case 2:13-cv-00967-RJS; granting (63) Motion to Seal RESPONSE re 48 Brief,to Quest's Supplemental Memorandum of Law in Support of Quest's Motion for Leave to file First Amended Complaint in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 6/6/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt) (Entered: 06/06/2014)

2014-06-06

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Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 6/6/2014. The court hears oral argument and rules as follows: re: (62 in 2:14-md-02510-RJS) MOTION to Dismiss re Quest's Counterclaims for Defamation and Unfair Competition filed by Myriad Genetics. For the reasons stated on the record at the hearing on June 6, 2014, the court GRANTS the Motion. (95 in 2:13-cv-00640-RJS). MOTION to Dismiss Antitrust Counterclaims filed by Myriad Genetics. For the reasons set forth in Myriads briefing on the Motion and its argument at the hearing on June 6, 2014, which the court adopts and incorporates, the court GRANTS the Motion. The counterclaims for Antitrust Violations of the Sherman Act that Ambry has asserted against Myriad are DISMISSED without prejudice to refile. (32 in 2:14-cv-00152-RJS) MOTION for Leave to file FIRST AMENDED COMPLAINT ; filed by Quest Diagnostics, Quest Diagnostics Nichols Institute. For the reasons stated on the record at the hearing on June 6, 2014, the court DENIES the Motion without prejudice to refile. Attorney for Plaintiff: Kristine Johnson, Michael McCarthy, Attorney for Defendant: Edward Cataxinos, Eric Hagen, Larry Laycock, Martin Lueck, Emmett McMahon,. Court Reporter: Ray Fenlon. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-PMW, 2:14-cv-00443-PMW(mjm) (Entered: 07/07/2014)

2014-06-06

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ORDER in case 2:14-md-02510-RJS; denying (32) Motion for Leave to File in case 2:14-cv-00152-RJS. Signed by Judge Robert J. Shelby on 6/6/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00152-RJS(jwt) (Entered: 06/09/2014)

2014-06-09

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ORDER in case 2:13-cv-00967-RJS; granting (62) Motion to Dismiss Quest's Counterclaims for Defamation and Unfair Competition in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 6/6/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt) (Entered: 06/09/2014)

2014-06-09

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ORDER granting (95) Motion to Dismiss Ambry's Antitrust Counterclaims in case 2:13-cv-00640-RJS. The counterclaims for Antitrust Violations of the Sherman Act that Ambry has asserted against Myriad are DISMISSED without prejudice to refile. Signed by Judge Robert J. Shelby on 6/6/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt) (Entered: 06/09/2014)

2014-06-09

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STATUS REPORT by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine) (Entered: 06/09/2014)

2014-06-09

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STATUS REPORT (Corrected) by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine) (Entered: 06/09/2014)

2014-06-09

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ORDER granting 195 Motion for Admission Pro Hac Vice of James William Hill for Ambry Genetics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:13-cv-00640-RJS. Signed by Judge Robert J. Shelby on 6/11/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt) Modified by correcting link on 6/12/2014 (rks). (Entered: 06/12/2014)

2014-06-12

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MOTION Transfer of Related Case and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Johnson, Kristine) (Entered: 06/19/2014)

2014-06-19

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MOTION Transfer of Related Case and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Johnson, Kristine) (Entered: 06/19/2014)

2014-06-19

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on June 6, 2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Felton, Telephone number (801)809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or 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 7/14/2014. Redacted Transcript Deadline set for 7/25/2014. Release of Transcript Restriction set for 9/22/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS(jwt) Modified on 9/22/2014 by removing restricted text(las). (Entered: 06/23/2014)

2014-06-23

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MOTION to Amend/Correct and Memorandum in Support for Leave to File a Second Amended Complaint filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Exhibit A -- Second Amended Complaint)(Johnson, Kristine) (Entered: 06/24/2014)

2014-06-24

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Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment and Memorandum in Support filed by Counter Defendant Invitae Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Clark, Robert) (Entered: 07/01/2014)

2014-07-01

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AFFIDAVIT of Robert S. Clark re 77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment and Memorandum in Support filed by Invitae Corporation. (Clark, Robert) (Entered: 07/01/2014)

2014-07-01

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NOTICE OF CONVENTIONAL FILING of Plaintiffs' Motion for Leave to File a Supplemental Complaint filed by Counter Claimants Myriad Genetics, Myriad Genetics, Counter Defendant Myriad Genetics, MDL Notice Myriad Genetics (Johnson, Kristine) (Entered: 07/01/2014)

2014-07-01

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DECLARATION of David G. Mangum filed by Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069). (Johnson, Kristine) (Entered: 07/01/2014)

2014-07-01

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CERTIFICATE OF SERVICE by Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069) (Johnson, Kristine) (Entered: 07/01/2014)

2014-07-01

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SEALED DOCUMENT SEALED MOTION For Leave to File a Supplemental Complaint and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Exhibit Index, # 2 Exhibit A - First Amended Complaint, # 3 Exhibit B - Excerpts of Deposition of Sean George with exhibits, # 4 Exhibit C - Exhibits to Deposition of Steven Bleyle, MD)(jwt) (Entered: 07/03/2014)

2014-07-01

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NOTICE OF CONVENTIONAL FILING of Plaintiffs' Opposition to Invitae Corporation's Motion to Dismiss for Lack of Personal Jurisdiction filed by Counter Defendants Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation, MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation, Counter Claimants Myriad Genetics, Myriad Genetics (Johnson, Kristine) (Entered: 07/02/2014)

2014-07-02

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DECLARATION of David G. Mangum filed by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine) (Entered: 07/02/2014)

2014-07-02

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CERTIFICATE OF SERVICE by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania, University of Utah Research Foundation (Johnson, Kristine) (Entered: 07/02/2014)

2014-07-02

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SEALED DOCUMENT Plaintiff's Opposition to Invitae Corporation's Motion to Dismiss for Lack of Personal Jurisdiction (Docket No. 12 in 2:13cv1049) filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Exhibit Index, # 2 Exhibit A - Email dated 01/25/2013, # 3 Exhibit B - Excerpts of Deposition of Karen Gauan and exhibits, # 4 Exhibit C - Email dated 7/30/2013, # 5 Exhibit D - Email dated 01/28/2014, # 6 Exhibit E - Email dated 5/5/2014, # 7 Exhibit F - Email dated 11/13/2013, # 8 Exhibit G - Excerpts of Deposition of Karen Gauna and exhibits, # 9 Exhibit H- Excerpts of Deposition of Sean George and exhibits, # 10 Exhibit I - Invitae 02/26/2014 Powerpoint and 01/14/2014 Powerpoint presentations, # 11 Exhibit J - Google Analysis)(jwt) (Entered: 07/03/2014)

2014-07-02

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NOTICE of Consent to Transfer and Consolidate by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation (Attachments: # 1 Text of Proposed Order) (Johnson, Kristine) (Entered: 07/03/2014)

2014-07-03

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MOTION to Dismiss and Memorandum in Support filed by Counter Defendants Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation, MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation, Counter Claimants Myriad Genetics, Myriad Genetics. (Attachments: # 1 Text of Proposed Order Order)(Johnson, Kristine) (Entered: 07/03/2014)

2014-07-03

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ORDER granting (72) Motion Transfer of Related Case in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 7/7/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00443-PMW(jwt) (Entered: 07/07/2014)

2014-07-07

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ORDER granting (73) Motion Transfer of Related Case in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 7/7/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-PMW(jwt) (Entered: 07/07/2014)

2014-07-07

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MDL MEMBER CASE ADDED ( USDC District of Utah, 2:14cv442, 2:14cv443) Pursuant to Orders granting Motions to Transfer of Related Cases, 89 and 90 in case 2:14md2510. (jwt) (Entered: 07/07/2014)

2014-07-07

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MOTION to Dismiss and Memorandum in Support (Counsyl, Inc.'s Motion to Dismiss) filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - June 13 Complaint, # 2 Exhibit B - Counsyl Complaint, # 3 Exhibit C - Joint Attys Planning Mtg Report, # 4 Exhibit D - Joint Status Report (corrected), # 5 Exhibit E - ltr 06.20.14 Mangum to Groombridge, # 6 Exhibit F - Pls First Discovery Requests, # 7 Exhibit G - Declaration of Eric Evans)(Krannich, Jess) (Entered: 07/07/2014)

2014-07-07

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MOTION for Sanctions and Memorandum in Support (Counsyl, Inc.'s Motion for Sanctions) filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - June 13 Complaint, # 2 Exhibit B - Joint Attys Planning Mtg Report, # 3 Exhibit C - Order re Samsung Sanctions)(Krannich, Jess) (Entered: 07/07/2014)

2014-07-07

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SCHEDULING ORDER (see order for deadlines). Signed by Judge Robert J. Shelby on 7/7/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-RJS(jwt) (Entered: 07/08/2014)

2014-07-08

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MOTION for Admission Pro Hac Vice of Lesli Rawles Gallagher, Registration fee $ 15, receipt number 1088-2083905, filed by MDL Notice Pathway Genomics. (Attachments: # 1 Exhibit PHV Application, # 2 Exhibit ECF Registration, # 3 Text of Proposed Order Proposed Order)(Bettilyon, Mark) (Entered: 07/08/2014)

2014-07-08

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MOTION for Admission Pro Hac Vice of Paul D. Tripodi II, Registration fee $ 15, receipt number 1088-2085733, filed by MDL Notice Pathway Genomics. (Attachments: # 1 Exhibit Application for pro hac vice, # 2 Exhibit ECF Registration Form, # 3 Text of Proposed Order Proposed Order)(Bettilyon, Mark) (Entered: 07/10/2014)

2014-07-10

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ORDER granting (96) Motion for Admission Pro Hac Vice of Lesli R. Gallagher for Pathway Genomics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 7/8/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-RJS(las) (Entered: 07/11/2014)

2014-07-11

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ORDER granting (97) Motion for Admission Pro Hac Vice of Paul D. Tripodi, II for Pathway Genomics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 7/10/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-RJS(las) (Entered: 07/11/2014)

2014-07-11

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MEMORANDUM in Opposition re 76 MOTION to Amend/Correct and Memorandum in Support for Leave to File a Second Amended Complaint filed by MDL Notice Ambry Genetics. (Attachments: # 1 Affidavit [Declaration] of Daniel Greene, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Gaede, William) (Entered: 07/11/2014)

2014-07-11

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AFFIDAVIT/DECLARATION of Daniel Greene in Opposition re 76 MOTION to Amend/Correct and Memorandum in Support for Leave to File a Second Amended Complaint filed by MDL Notice Ambry Genetics. (Attachments: # 1 Exhibit A - Corrected, # 2 Exhibit B - Corrected, # 3 Exhibit C - Corrected, # 4 Exhibit D - Corrected, # 5 Exhibit E - Corrected, # 6 Exhibit F - Corrected, # 7 Exhibit G - Corrected, # 8 Exhibit H - Corrected)(Gaede, William) (Entered: 07/11/2014)

2014-07-11

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MOTION to Dismiss and Memorandum in Support of Motion to Dismiss Plaintiffs' 6th and 7th Claims For Relief filed by MDL Notice Ambry Genetics. (Gaede, William) (Entered: 07/11/2014)

2014-07-11

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AFFIDAVIT/DECLARATION of Daniel Greene in Support re 102 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss Plaintiffs' 6th and 7th Claims For Relief filed by MDL Notice Ambry Genetics. (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)(Gaede, William) (Entered: 07/11/2014)

2014-07-11

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MOTION for Summary Judgment and Memorandum in Support on Plaintiff's Sixth and Seventh Claims For Relief and Request For Expedited Briefing filed by MDL Notice Ambry Genetics. (Attachments: # 1 Affidavit - Declaration of Daniel Greene [appendix doc. 10], # 2 Appendix of Supporting Documents, # 3 Appendix Doc No. 1, # 4 Appendix Doc. No. 2, # 5 Appendix Doc. No. 3, # 6 Appendix Doc. No. 4, # 7 Appendix Doc. No. 5, # 8 Appendix Doc. No. 6, # 9 Appendix Doc. No. 7, # 10 Appendix Doc. No. 8, # 11 Appendix Doc. No. 9)(Gaede, William) (Entered: 07/11/2014)

2014-07-11

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NOTICE OF HEARING ON MOTION re: 94 MOTION for Sanctions and Memorandum in Support (Counsyl, Inc.'s Motion for Sanctions), 102 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss Plaintiffs' 6th and 7th Claims For Relief, 93 MOTION to Dismiss and Memorandum in Support (Counsyl, Inc.'s Motion to Dismiss), 76 MOTION to Amend/Correct and Memorandum in Support for Leave to File a Second Amended Complaint, 104 MOTION for Summary Judgment and Memorandum in Support on Plaintiff's Sixth and Seventh Claims For Relief and Request For Expedited Briefing, 77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment and Memorandum in Support, 86 MOTION to Dismiss and Memorandum in Support, 87 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 9/5/2014 at 1:00 PM in Rm 7.300 before Judge Robert J. Shelby. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm) (Entered: 07/15/2014)

2014-07-15

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MEMORANDUM in Opposition re 77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine) (Entered: 07/18/2014)

2014-07-18

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MEMORANDUM in Opposition re 87 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support Invitae Corporation's Memorandum in Opposition to Myriad's Motion for Leave to File a Supplemental Complaint filed by MDL Notice Invitae Corporation, Counter Defendant Invitae Corporation. (Cornish, Rita) (Entered: 07/18/2014)

2014-07-18

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AFFIDAVIT/DECLARATION of Colin T. Kemp in Opposition re 87 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support Declaration of Colin T. Kemp in Support of Invitae Corporation's Memorandum in Opposition to Myriad's Motion for Leave to File a Supplemental Complaint filed by MDL Notice Invitae Corporation, Counter Defendant Invitae Corporation. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit Exhibit A Excerpts of Transcript of Deposition of Invitae Corporation through its 30(b)(6) witness Sean George, # 3 Exhibit Exhibit B Excerpt of the Transcript of Deposition of Intermountain Health/Select Health through its 30(b)(6) witness Steve Bleyl, M.D.)(Cornish, Rita) (Entered: 07/18/2014)

2014-07-18

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NOTICE OF CONVENTIONAL FILING of 1.Invitae Corporations Reply Memorandum in Support of Motion to Dismiss for Lack of Personal Jurisdiction; and Declaration of Colin Kemp re Need to File Under Seal filed by Counter Defendant Invitae Corporation (Clark, Robert) (Entered: 07/21/2014)

2014-07-21

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MEMORANDUM in Opposition re 86 MOTION to Dismiss and Memorandum in Support filed by Counter Defendant Invitae Corporation. (Clark, Robert) (Entered: 07/21/2014)

2014-07-21

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ANSWER to Complaint with Jury Demand, Affirmative Defenses (in Case No. 2:14-cv-442, Dkt. No. 2), COUNTERCLAIM against Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation filed by Pathway Genomics.(Bettilyon, Mark) (Entered: 07/22/2014)

2014-07-22

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SEALED DOCUMENT Invitae Corporation's Reply Memorandum in Support of Motion to Dismiss for Lack of Personal Jurisdiction (Docket No. 12 in 2:13cv1049) filed by MDL Notice Invitae Corporation. (las) (Entered: 07/23/2014)

2014-07-22

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SEALED DOCUMENTDeclaration of Colin T. Kemp in Support of Invitae Corporation's Reply Memorandum in Support of Motion to Dismiss for lack of Personal Jurisdiction filed by MDL Notice Invitae Corporation. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(las) (Entered: 07/30/2014)

2014-07-22

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Counter Claimant Pathway Genomics, MDL Notice Pathway Genomics. (Bettilyon, Mark) (Entered: 07/25/2014)

2014-07-25

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MEMORANDUM in Opposition re 93 MOTION to Dismiss and Memorandum in Support (Counsyl, Inc.'s Motion to Dismiss), 94 MOTION for Sanctions and Memorandum in Support (Counsyl, Inc.'s Motion for Sanctions) filed by Counter Defendants Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Exhibit A - Motion to Dismiss (Cal. Action), # 2 Exhibit B - Reply Memo.)(Johnson, Kristine) (Entered: 07/25/2014)

2014-07-25

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AFFIDAVIT/DECLARATION of David G. Mangum in Opposition re 94 MOTION for Sanctions and Memorandum in Support (Counsyl, Inc.'s Motion for Sanctions), 93 MOTION to Dismiss and Memorandum in Support (Counsyl, Inc.'s Motion to Dismiss) filed by Counter Defendants Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Exhibit A - March 14-18 email string, # 2 Exhibit B - April 3 email, # 3 Exhibit C - April 9 email, # 4 Exhibit D - April 16 email, # 5 Exhibit E - May 14 letter, # 6 Exhibit F - May 7 letter, # 7 Exhibit G - May 8 letter, # 8 Exhibit H - May 20 letter, # 9 Exhibit I - June 4 letter, # 10 Exhibit J - June 6 letter, # 11 Exhibit K- June 19 letter, # 12 Exhibit L - June 17 email, # 13 Exhibit M- June 17 letter, # 14 Exhibit N - June 20 letter)(Johnson, Kristine) (Entered: 07/25/2014)

2014-07-25

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STATUS REPORT No. 2 by BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation. (Johnson, Kristine) (Entered: 07/25/2014)

2014-07-25

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MOTION for Extension of Time to File Memorandum in Opposition to Motion to Dismiss and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Johnson, Kristine) (Entered: 07/28/2014)

2014-07-28

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REPLY to Response to Motion re 76 MOTION to Amend/Correct and Memorandum in Support for Leave to File a Second Amended Complaint filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Exhibit A - July 23, 2014 Letter)(Johnson, Kristine) (Entered: 07/28/2014)

2014-07-28

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ORDER granting 117 Motion for Extension of Time. Signed by Judge Robert J. Shelby on 6/29/2014. (chambers) (Entered: 07/29/2014)

2014-07-29

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Trustees of the University of Pennsylvania identifying None as Corporate Parent. (Johnson, Kristine) (Entered: 07/30/2014)

2014-07-30

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Trustees of the University of Pennsylvania identifying None as Corporate Parent. (Johnson, Kristine) (Entered: 07/30/2014)

2014-07-30

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Myriad Genetics identifying None as Corporate Parent. (Johnson, Kristine) (Entered: 07/30/2014)

2014-07-30

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Endorecherche identifying None as Corporate Parent. (Johnson, Kristine) (Entered: 07/30/2014)

2014-07-30

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice HSC Research and Development Limited Partnership identifying None as Corporate Parent. (Johnson, Kristine) (Entered: 07/30/2014)

2014-07-30

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice University of Utah Research Foundation identifying None as Corporate Parent. (Johnson, Kristine) (Entered: 07/30/2014)

2014-07-30

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Myriad Genetics identifying None as Corporate Parent. (Johnson, Kristine) (Entered: 07/30/2014)

2014-07-30

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice University of Utah Research Foundation identifying None as Corporate Parent. (Johnson, Kristine) (Entered: 07/30/2014)

2014-07-30

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice HSC Research and Development Limited Partnership identifying None as Corporate Parent. (Johnson, Kristine) (Entered: 07/30/2014)

2014-07-30

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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by MDL Notice Endorecherche identifying None as Corporate Parent. (Johnson, Kristine) (Entered: 07/30/2014)

2014-07-30

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REPLY to Response to Motion re 77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment and Memorandum in Support Reply Memorandum in Support of Motion for Leave to File First Amended Complaint for Declaratory Judgment filed by MDL Notice Invitae Corporation, Counter Defendant Invitae Corporation. (Cornish, Rita) (Entered: 08/04/2014)

2014-08-04

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REPLY to Response to Motion re 87 SEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in SupportSEALED DOCUMENT SEALED MOTION and Memorandum in Support filed by Counter Defendants Endorecherche, Endorecherche, HSC Research and Development Limited Partnership, HSC Research and Development Limited Partnership, Myriad Genetics, Myriad Genetics, Trustees of the University of Pennsylvania, Trustees of the University of Pennsylvania, University of Utah Research Foundation, University of Utah Research Foundation, MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation, Counter Claimants Myriad Genetics, Myriad Genetics. (Johnson, Kristine) (Entered: 08/04/2014)

2014-08-04

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Stipulated MOTION for Leave to File Supplemental LPR 2.3 and 2.4 Contentions and for Plaintiffs to Assert in LPR 2.3 Contentions Eleven Claims for U.S. Patent No. 6,051,379 and Memorandum in Support filed by MDL Notice Ambry Genetics. (Attachments: # 1 Text of Proposed Order Proposed Order)(Cataxinos, Edgar) (Entered: 08/07/2014)

2014-08-07

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REPLY to Response to Motion re 86 MOTION to Dismiss and Memorandum in Support filed by Counter Claimant Myriad Genetics. (McCarthy, Michael) (Entered: 08/07/2014)

2014-08-07

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Stipulated MOTION to Dismiss a) Claims Six and Seven of Myriad's Amended Complaint; b) Counts Three and Four of Ambry's Counterclaims filed by MDL Notice Myriad Genetics. (Attachments: # 1 Text of Proposed Order)(Mangum, David) (Entered: 08/11/2014)

2014-08-11

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REPLY to Response to Motion re 93 MOTION to Dismiss and Memorandum in Support (Counsyl, Inc.'s Motion to Dismiss) filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - Counsyl Opposition)(Krannich, Jess) (Entered: 08/11/2014)

2014-08-11

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REPLY to Response to Motion re 94 MOTION for Sanctions and Memorandum in Support (Counsyl, Inc.'s Motion for Sanctions) filed by MDL Notice Counsyl, Inc. (Krannich, Jess) (Entered: 08/11/2014)

2014-08-11

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ORDER in case 2:13-cv-00640-RJS; granting (133) Stipulated MOTION for Leave to File Supplemental LPR 2.3 and 2.4 Contentions and for Plaintiffs to Assert in LPR 2.3 Contentions Eleven Claims for U.S. Patent No. 6,051,379 in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/13/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt) (Entered: 08/13/2014)

2014-08-13

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ORDER in case 2:13-cv-00640-RJS; granting (135) Stipulated MOTION to Dismiss a) Claims Six and Seven of Myriad's Amended Complaint; b) Counts Three and Four of Ambry's Counterclaims filed by MDL Notice Myriad Genetics in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/13/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt) (Entered: 08/13/2014)

2014-08-13

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WITHDRAWAL OF MOTION by MDL Notice Ambry Genetics re 104 MOTION for Summary Judgment and Memorandum in Support on Plaintiff's Sixth and Seventh Claims For Relief and Request For Expedited Briefing filed by Ambry Genetics, 102 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss Plaintiffs' 6th and 7th Claims For Relief filed by Ambry Genetics . (Cataxinos, Edgar) (Entered: 08/14/2014)

2014-08-14

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AMENDED NOTICE OF HEARING ON MOTION re: 76 MOTION to Amend/Correct for Leave to File a Second Amended Complaint, 77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment, 94 MOTION for Sanctions (Counsyl, Inc.'s Motion for Sanctions), 86 MOTION to Dismiss, 87 SEALED DOCUMENT SEALED MOTION, 93 MOTION to Dismiss (Counsyl, Inc.'s Motion to Dismiss) : (Notice generated by Mary Jane McNamee) Motion Hearing set for 9/5/2014 AT 1:00 PM in Rm 7.300 before Judge Robert J. Shelby. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm) (Entered: 08/17/2014)

2014-08-17

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MOTION for Admission Pro Hac Vice of Bhanu Sadasivan, Registration fee $ 15, receipt number 1088-2110103, filed by MDL Notice Ambry Genetics. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration, # 3 Text of Proposed Order)(Cataxinos, Edgar) (Entered: 08/21/2014)

2014-08-21

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MOTION for Admission Pro Hac Vice of Mandy H. Kim, Registration fee $ 15, receipt number 1088-2110106, filed by MDL Notice Ambry Genetics. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration, # 3 Text of Proposed Order)(Cataxinos, Edgar) (Entered: 08/21/2014)

2014-08-21

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ORDER in case 2:13-cv-00640-RJS; granting (143) Motion for Admission Pro Hac Vice of Mandy H. Kim for Ambry Genetics,Mandy H. Kim for Ambry Genetics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/22/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt) (Entered: 08/22/2014)

2014-08-22

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ORDER in case 2:13-cv-00640-RJS; granting (142) Motion for Admission Pro Hac Vice of Bhanu K. Sadasivan for Ambry Genetics,Bhanu K. Sadasivan for Ambry Genetics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/22/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt) (Entered: 08/22/2014)

2014-08-22

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MOTION for Issuance of Letters Rogatory and Memorandum in Support as to Cardiff University filed by MDL Notice Ambry Genetics. (Attachments: # 1 Exhibit A - Letter of Request, # 2 Text of Proposed Order)(Gaede, William) Modified on 8/25/2014 adding text as to Cardiff University(jwt). (Entered: 08/22/2014)

2014-08-22

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AFFIDAVIT/DECLARATION of William G. Gaede III in Support re 146 MOTION for Issuance of Letters Rogatory and Memorandum in Support as to Cardiff University filed by MDL Notice Ambry Genetics. (Gaede, William) Modified on 8/25/2014 adding text as to Cardiff University(jwt). (Entered: 08/22/2014)

2014-08-22

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MOTION for Issuance of Letters Rogatory and Memorandum in Support as to Jeremy P. Cheadle filed by MDL Notice Ambry Genetics. (Attachments: # 1 Exhibit A - Letter of Request, # 2 Text of Proposed Order)(Gaede, William) Modified on 8/25/2014 adding text as to Jeremy P. Cheadle(jwt). (Entered: 08/22/2014)

2014-08-22

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AFFIDAVIT/DECLARATION of William G. Gaede III in Support re 148 MOTION for Issuance of Letters Rogatory and Memorandum in Support to Cheadle filed by MDL Notice Ambry Genetics. (Gaede, William) (Entered: 08/22/2014)

2014-08-22

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MOTION for Issuance of Letters Rogatory and Memorandum in Support filed by MDL Notice Ambry Genetics. (Attachments: # 1 Exhibit A - Letter of Request to Sampson, # 2 Text of Proposed Order)(Gaede, William) (Entered: 08/22/2014)

2014-08-22

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AFFIDAVIT/DECLARATION of William G. Gaede III in Support re 150 MOTION for Issuance of Letters Rogatory and Memorandum in Support to Sampson filed by MDL Notice Ambry Genetics. (Gaede, William) (Entered: 08/22/2014)

2014-08-22

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MOTION for Issuance of Letters Rogatory and Memorandum in Support filed by MDL Notice Ambry Genetics. (Attachments: # 1 Exhibit A - Letter of Request to Univ. College Cardiff Consultants, # 2 Text of Proposed Order)(Gaede, William) (Entered: 08/22/2014)

2014-08-22

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AFFIDAVIT/DECLARATION of William G. Gaede III in Support re 152 MOTION for Issuance of Letters Rogatory and Memorandum in Support to Univ. College Consultants Limited filed by MDL Notice Ambry Genetics. (Gaede, William) (Entered: 08/22/2014)

2014-08-22

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ORDER in case 2:13-cv-00640-RJS; granting (146) Motion for Issuance of Letters Rogatory in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/26/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:14-cv-00153-RJS(jwt) (Entered: 08/26/2014)

2014-08-26

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ORDER in case 2:13-cv-00640-RJS; granting (148) Motion for Issuance of Letters Rogatory in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/26/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:14-cv-00153-RJS(jwt) (Entered: 08/26/2014)

2014-08-26

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ORDER in case 2:13-cv-00640-RJS; granting (150) Motion for Issuance of Letters Rogatory in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/26/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:14-cv-00153-RJS(jwt) (Entered: 08/26/2014)

2014-08-26

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ORDER in case 2:13-cv-00640-RJS; granting (152) Motion for Issuance of Letters Rogatory as to University College Cardiff Consultants Limited in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 8/26/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:14-cv-00153-RJS(jwt) (Entered: 08/26/2014)

2014-08-26

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AMENDED NOTICE OF HEARING ON MOTION re: 76 MOTION to Amend/Correct for Leave to File a Second Amended Complaint, 77 Plaintiff's MOTION for Leave to File First Amended Complaint for Declaratory Judgment, 94 MOTION for Sanctions(Counsyl, Inc.'s Motion for Sanctions), 86 MOTION to Dismiss, 87 SEALED DOCUMENT SEALED MOTION, 93 MOTION to Dismiss (Counsyl, Inc.'s Motion to Dismiss) and IN CASE 2:14-CV-00150 RJS - DOCKET ENTRY 26 MOTION to Dismiss UNDER FED. R. CIV. P. 12(b)(1), OR IN THE ALTERNATIVE TO MOTION to TRANSFER PLAINTIFF'S COMPLAINT FOR DECLARATORY JUDGMENT; AND MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(6) filed by Myriad Genetics, Inc. : (Notice generated by Mary Jane McNamee) Motion Hearing set for 9/5/2014 AT 1:00 PM in Rm 7.300 before Judge Robert J. Shelby. PLEASE NOTE: Additional motion will he heard in case 2:14-cv-00150 RJS, docket entry 26 - MOTION to Dismiss UNDER FED. R. CIV. P. 12(b)(1), OR IN THE ALTERNATIVE TO MOTION to TRANSFER PLAINTIFF'S COMPLAINT FOR DECLARATORY JUDGMENT; AND MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(6) filed by Myriad Genetics, Inc. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (mjm) (Entered: 08/26/2014)

2014-08-26

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NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Motion Hearing set for 9/5/2014 at 1:00 p.m. Please see ORIGINAL NOTICE OF HEARING IN MEMBER CASE 2:13-CV-001049 RJS, University of Utah Research Foundation et al v. Invitae, DOCKET ENTRY 40, FILED ON 7/15/2014. This Notice of Hearing set the following motions for hearing on 9/5/2014 at 1:00 p.m.: docket entry 12, Defendant's MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Invitae AND docket entry 37, SEALED MOTION for Leave to File a Supplemental Complaint and Memorandum in Support filed by Plaintiffs Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah. (mjm) (Entered: 08/31/2014)

2014-08-31

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Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 9/5/2014. The court hears oral argument and rules as follows: Plaintiffs (University of Utah Research Foundation, et al.) Motion for Leave to File Second Amended Complaint (Dkt. 76 in Case No. 2:13-cv-00640) is GRANTED; Defendant Invitae Corporations Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 12 in Case No. 2:13-cv-01049) is GRANTED;Plaintiffs (University of Utah Research Foundation, et al.) Motion to file Supplemental Complaint (Dkt. 87 in this MDL case, relating to Case No. 2:13-cv-01049) is DENIED; Plaintiff Invitae Corporations Motion to File First Amended Complaint for Declaratory Judgment (Dkt. 77 in this MDL case, relating to Case No. 2:14-cv-00153) is GRANTED;Defendant Myriad Genetics Inc.s Motion to Dismiss Invitae Corporations Complaint (Dkt. 86 in this MDL case, relating to Case No. 2:14-cv-00153) is DENIED; Defendant Myriad Genetics Inc.s Motion to Dismiss or Transfer Counsyl, Inc.s Complaint (Dkt. 26 in Case No. 2:14-cv-00150) is DENIED; Defendant Counsyl, Inc.s Motion to Dismiss (Dkt. 93 in this MDL case, relating to Case No. 2:14-cv-00443) is GRANTED; Plaintiff Counsyl, Inc.s Motion for Sanctions (Dkt. 94 in this MDL case, relating to Case No. 2:14-cv-00150) is DENIED;An order will be issued. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS, 2:14-cv-00443-RJS.Attorney for Plaintiff: Kristine Johnson, Michael McCarthy, David Mangum, Geoff Biegler, Attorney for Defendant: William Gaede, Daralyn Durie, Colin Kemp, Kirke Hasson, Edward Cataxinos, Larry Laycock, Rita Cornish, Richard Blaylock, Jess Krannich. Court Reporter: Ray Fenlon. (mjm) (Entered: 09/16/2014)

2014-09-05

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Plaintiffs' ANSWER to 111 Counterclaim of Pathway Genomics Corporation filed by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation.(Mangum, David) (Entered: 09/08/2014)

2014-09-08

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Plaintiffs' ANSWER to 54 Counterclaim of defendants Quest Diagnostics, Inc. and Quest Diagnostics Nichols Institute filed by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation.(Mangum, David) (Entered: 09/10/2014)

2014-09-10

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MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support filed by MDL Notice Ambry Genetics, Counter Defendant Invitae Corporation. (Attachments: # 1 Exhibit Excerpt of Interrogatory No. 2, # 2 Exhibit Certification, # 3 Text of Proposed Order)(Cataxinos, Edgar) (Entered: 09/12/2014)

2014-09-12

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MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support filed by MDL Notice Ambry Genetics, Counter Defendant Invitae Corporation. (Attachments: # 1 Exhibit Excerpt to Interrogatory No. 8, # 2 Exhibit Certification, # 3 Text of Proposed Order)(Cataxinos, Edgar) (Entered: 09/12/2014)

2014-09-12

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STATUS REPORT No. 3 by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Johnson, Kristine) (Entered: 09/12/2014)

2014-09-12

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MOTIONS REFERRED - 163 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support, 162 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support Motions referred to Dustin B. Pead.(jwt) (Entered: 09/15/2014)

2014-09-15

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ORDER Following Oral Rulings. Before the court are eight Motions relating to five cases pending in this MDL. For the reasons stated at the hearing on these Motions held September 5, 2014, the court rules and orders as follows: granting (76) Motion to Amend/Correct in case 2:13-cv-640-RJS; granting (12) Motion to Dismiss for Lack of Jurisdiction in case 2:13-cv-01049-RJS; denying (87) Sealed Motion to File Supplemental Complaint relating to case 2:13-cv-01049-RJS; granting (77) Motion for Leave to File First Amended Complaint for Declaratory Judgment, relating to case 2:14-cv-00153-RJS; denying (86) Motion to Dismiss Invitae Corporation's Complaint, relating to case 2:14-cv-00153-RJS; denying (26) MOTION to Dismiss or Transfer in case 2:14-cv-00150-RJS; granting (93) Motion to Dismiss; denying (94) Motion for Sanctions in case relating to case 2:14-cv-00150-RJS. Signed by Judge Robert J. Shelby on 9/15/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-01049-RJS, 2:14-cv-00150-RJS, 2:14-cv-00153-RJS, 2:14-cv-00443-RJS(jwt) Modified on 9/15/2014 removing SEALED restriction per chambers(jwt). (Entered: 09/15/2014)

2014-09-15

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DOCKET TEXT ORDER entered 162 Motion to Expedite Short Form Motion to Compel; entered 163 Motion to Expedite Short Form Motion to Compel. The Court expedites briefing on 162 and 163 as follows: Responses to both motions should be filed as soon as possible and in no event later than close of business on 09/19/2014. Replies to both motions should be filed as soon as possible and in no event later than close of business on 09/24/2014. Signed by Magistrate Judge Dustin B. Pead on 09/15/2014. No attached document. (sku) (Entered: 09/15/2014)

2014-09-15

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AMENDED COMPLAINT (SECOND) against Ambry Genetics with Jury Demand., filed by University of Utah Research Foundation, Endorecherche, Myriad Genetics, Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership. (Johnson, Kristine) (Entered: 09/15/2014)

2014-09-15

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AMENDED COMPLAINT First Amended Complaint for Declaratory Judgment Deman for Jury Trial against Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics, Trustees of the University of Pennsylvania(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania, University of Utah Research Foundation, University of Utah Research Foundation(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069) with Jury Demand. New Defendants: The University of Utah, The University of Pennsylvania, The Hospital for Sick Children, and Endorecherche., filed by Invitae Corporation. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit 1 The '282 Patent, # 3 Exhibit 2 The '441 Patent, # 4 Exhibit 3 The '857 Patent, # 5 Exhibit 4 The '379 Patent, # 6 Exhibit 5 The '721 Patent, # 7 Exhibit 6 The '497 Patent, # 8 Exhibit 7 The '510 Patent, # 9 Exhibit 8 The '258 Patent, # 10 Exhibit 9 The '237 Patent, # 11 Exhibit 10 The '776 Patent, # 12 Exhibit 11 The '571 Patent) (Cornish, Rita) (Entered: 09/16/2014)

2014-09-16

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MOTION to Expedite Motion for Protective Order and Memorandum in Support, MOTION for Protective Order and Memorandum in Support filed by MDL Notice Ambry Genetics. (Attachments: # 1 Exhibit A - Plaintiff's Initial Infringement Contentions, # 2 Text of Proposed Order, # 3 Supplement Certification)(Cataxinos, Edgar) (Entered: 09/18/2014)

2014-09-18

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AFFIDAVIT/DECLARATION of Daniel Greene in Support re 171 MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support filed by MDL Notice Ambry Genetics. (Attachments: # 1 Exhibit A - Email thread, # 2 Exhibit B - Email thread, # 3 Exhibit C - Email thread, # 4 Exhibit D - Email with attached corresponence)(Cataxinos, Edgar) (Entered: 09/18/2014)

2014-09-18

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MOTIONS REFERRED - 171 MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support . Motions referred to Dustin B. Pead.(jwt) (Entered: 09/18/2014)

2014-09-18

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Myriad Genetics, Inc.'s ANSWER to 169 Amended Complaint,,,,,, with Jury Demand, Defendant's COUNTERCLAIM against Counsyl, Inc filed by Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069).(Mangum, David) (Entered: 09/18/2014)

2014-09-18

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DOCKET TEXT ORDER entered 171 Motion to Expedite; entered 171 Motion for Protective Order. The Court expedites briefing on 171 as follows: A response to the motion should be filed as soon as possible and in no event later than close of business on 09/25/2014. A reply should be filed as soon as possible and in no event later than close of business on 09/30/2014. Signed by Magistrate Judge Dustin B. Pead on 09/19/2014. No attached document. (sku) (Entered: 09/19/2014)

2014-09-19

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RESPONSE to Motion re 162 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Mangum, David) (Entered: 09/19/2014)

2014-09-19

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RESPONSE to Motion re 163 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Exhibit A - Incorporated 25 pg discussions, # 2 Text of Proposed Order)(Mangum, David) (Entered: 09/19/2014)

2014-09-19

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 9/5/2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number (801) 809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or 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 10/14/2014. Redacted Transcript Deadline set for 10/24/2014. Release of Transcript Restriction set for 12/22/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-01049-RJS, 2:14-cv-00150-RJS, 2:14-cv-00153-RJS, 2:14-cv-00443-RJS(jwt) Modified on 12/22/2014 by removing restricted text(las). (Entered: 09/23/2014)

2014-09-23

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SEALED DOCUMENT NOTICE OF FILING OF OFFICIAL TRANSCRIPT of sealed portion of Motion Hearing held on 9/5/2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number (801)809-4634. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-01049-RJS, 2:14-cv-00150-RJS, 2:14-cv-00153-RJS, 2:14-cv-00443-RJS(jwt) (Entered: 09/23/2014)

2014-09-23

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REPLY to Response to Motion re 162 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support filed by MDL Notice Ambry Genetics. (Cataxinos, Edgar) (Entered: 09/24/2014)

2014-09-24

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REPLY to Response to Motion re 163 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support filed by MDL Notice Ambry Genetics. (Cataxinos, Edgar) (Entered: 09/24/2014)

2014-09-24

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MEMORANDUM in Opposition re 171 MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Mangum, David) (Entered: 09/25/2014)

2014-09-25

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Motion for ADDENDUM to Protective Order filed by Counter Claimant Pathway Genomics, MDL Notice Pathway Genomics to Protective Order. (Bettilyon, Mark) Modified on 10/2/2014 changing event type to motion(jwt). (Entered: 09/26/2014)

2014-09-26

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ANSWER to 169 Amended Complaint,,,,,, with Jury Demand, COUNTERCLAIM against Invitae Corporation filed by University of Utah Research Foundation, Endorecherche, Myriad Genetics, Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership.(Johnson, Kristine) (Entered: 09/26/2014)

2014-09-26

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MOTION for Admission Pro Hac Vice of Adam R. Brausa and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2131833, filed by MDL Notice Counsyl, Inc, Counter Defendant Counsyl, Inc. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - ECF registration, # 3 Exhibit C - proposed Order)(Krannich, Jess) (Entered: 09/26/2014)

2014-09-26

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REPLY to Response to Motion re 171 MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support to Limit Myriad to Ten Claims From the 698 Patent as Required by LPR 2.3(h) filed by MDL Notice Ambry Genetics. (Attachments: # 1 Affidavit [Reply Declaration] of Daniel Greene)(Gaede, William) (Entered: 09/30/2014)

2014-09-30

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NOTICE OF WITHDRAWAL OF COUNSEL of Dana E. Vallera filed by Jess M. Krannich on behalf of Counsyl, Inc (Krannich, Jess) (Entered: 09/30/2014)

2014-09-30

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ANSWER to 168 Amended Complaint, with Jury Demand, COUNTERCLAIM against Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation filed by Ambry Genetics.(Cataxinos, Edgar) (Entered: 10/01/2014)

2014-10-01

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ORDER granting 186 Motion for Admission Pro Hac Vice of Adam R. Brausa for Counsyl, Inc. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Robert J. Shelby on 9/30/2014. (jwt) (Entered: 10/02/2014)

2014-10-02

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NOTICE OF HEARING ON MOTION re: 163 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support, 171 MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support, 162 MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support : (Notice generated by Chambers) Motion Hearing set for 10/10/2014 01:00 PM in Rm 7.100 before Magistrate Judge Dustin B. Pead. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (sku) (Entered: 10/03/2014)

2014-10-03

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Addendum to PROTECTIVE ORDER. Signed by Judge Robert J. Shelby on 10/2/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-RJS(jwt) (Entered: 10/03/2014)

2014-10-03

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RESPONSE re 189 Answer to Amended Complaint, Counterclaim,,, filed by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Mangum, David) (Entered: 10/07/2014)

2014-10-07

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MOTION for Admission Pro Hac Vice of Brook B. Bond, Registration fee $ 15, receipt number 1088-2137871, filed by MDL NOtice Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Exhibit B - ECF Registration Form, # 3 Text of Proposed Order)(Mangum, David) (Entered: 10/07/2014)

2014-10-07

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NOTICE of Appearance by Richard E. Mrazik on behalf of All Plaintiffs (Mrazik, Richard) (Entered: 10/07/2014)

2014-10-07

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ORDER in case 2:13-cv-00640-RJS; granting (194) Motion for Admission Pro Hac Vice of Brook B. Bond for University of Utah Research Foundation, The Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership, Endorecherche, and Myriad Genetics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 10/8/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS(jwt) (Entered: 10/08/2014)

2014-10-08

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ORDER granting (54) Motion for Admission Pro Hac Vice of Kristine A. Tietz for Quest Diagnostics,Kristine A. Tietz for Quest Diagnostics Nichols Institute. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:13-cv-00967-RJS. Signed by Judge Robert J. Shelby on 10/9/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt) (Entered: 10/09/2014)

2014-10-09

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ORDER granting (55) Motion for Admission Pro Hac Vice of Jamie Kurtz for Quest Diagnostics,Jamie Kurtz for Quest Diagnostics Nichols Institute. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:13-cv-00967-RJS. Signed by Judge Robert J. Shelby on 10/9/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt) (Entered: 10/09/2014)

2014-10-09

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MOTION to Vacate the Deadline to Answer Myriad's Counterclaims (Unopposed) filed by MDL Notice Counsyl, Inc, Counter Defendant Counsyl, Inc. (Attachments: # 1 Text of Proposed Order)(Krannich, Jess) (Entered: 10/09/2014)

2014-10-09

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ORDER granting 199 Motion to Vacate the Deadline to Answer Myriad's Counterclaims. Counsyl shall answer Myriads Counterclaims in due course after Counsyl files and serves its amended complaint on or before October 17, 2014. Signed by Judge Robert J. Shelby on 10/10/2014. (las) (Entered: 10/10/2014)

2014-10-10

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Minute Order. Proceedings held before Magistrate Judge Dustin B. Pead: Motion Hearing held on 10/10/2014 re (162, 163 and 171 in 2:14-md-02510-RJS) MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 8 and Memorandum in Support, MOTION to Expedite Short Form Motion to Compel Further Response to Defendants' Joint Interrogatory No. 2 and Memorandum in Support filed by Ambry Genetics, Invitae Corporation, MOTION to Expedite Motion for Protective Order and Memorandum in Support MOTION for Protective Order and Memorandum in Support filed by Ambry Genetics in case 2:14-md-02510-RJS. The Court heard oral argument from all parties and ruled from the bench. For the reasons stated on the record, the Court GRANTS 162, 163, and 171 . Plaintiffs' further responses to Interrogatory Nos. 2 and 8 are due by October 31, 2014. Written Order to follow oral order: No. Attorney for Plaintiff: Christine Johson and Kevin Spears, Attorney for Defendant Edgar Cataxinos. Court Reporter: Electronic. (Time Start: 1:00:36, Time End: 1:59:42, Room 7.100). Associated Cases: 2:14-md-02510-RJS et al. (tls) (Entered: 10/16/2014)

2014-10-10

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MOTION for Admission Pro Hac Vice of Tadahiro Kaburaki, Registration fee $ 15, receipt number 1088-2142139, filed by MDL Notice Counsyl, Inc, Counter Defendant Counsyl, Inc. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Krannich, Jess) (Entered: 10/15/2014)

2014-10-15

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ORDER granting (201) Motion for Admission Pro Hac Vice of Tadahiro Kaburaki for Counsyl, Inc. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 10/15/2014. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt) (Entered: 10/15/2014)

2014-10-15

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AMENDED COMPLAINT for Declatory Judgment against Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, 2:14cv443), Trustees of the University of Pennsylvania(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), University of Utah Research Foundation(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), University of Utah Research Foundation(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069) with Jury Demand., filed by Counsyl, Inc. (Krannich, Jess) (Entered: 10/16/2014)

2014-10-16

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MOTION for Issuance of Letters Rogatory (Unopposed) filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: # 1 Exhibit A-Letter Request, # 2 Exhibit B-Declaration of Emmett J. McMahon, # 3 Text of Proposed Order)(Braithwaite, Jared) (Entered: 10/17/2014)

2014-10-17

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ORDER granting (58) Motion for Admission Pro Hac Vice of Tara S.G. Sharp for Quest Diagnostics, Quest Diagnostics Nichols Institute in case 2:13-cv-00967-RJS. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Robert J. Shelby on 10/17/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt) (Entered: 10/20/2014)

2014-10-20

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ORDER in case 2:13-cv-00640-RJS; granting (205) Motion for Issuance of Letters Rogatory in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 10/20/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00967-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS(jwt) (Entered: 10/20/2014)

2014-10-20

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Invitae Corporation's ANSWER to 185 Counterclaim filed by Myriad Genetics, Inc. et al. filed by Invitae Corporation.(Cornish, Rita) (Entered: 10/20/2014)

2014-10-20

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MOTION to Expedite, MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98 filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: # 1 Exhibit A-Notice of Deposition, # 2 Exhibit B-Deposition Transcript, # 3 Exhibit C-Objections to Notice, # 4 Text of Proposed Order)(Braithwaite, Jared) (Entered: 10/23/2014)

2014-10-23

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MOTION to Expedite, MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98 filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: # 1 Exhibit A-Notice of Deposition, # 2 Exhibit B-Deposition Transcript, # 3 Exhibit C-Objections to Notice, # 4 Text of Proposed Order)(Braithwaite, Jared) (Entered: 10/23/2014)

2014-10-23

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MOTION to Expedite, MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98 filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: # 1 Exhibit A-Notice of Deposition, # 2 Exhibit B-Deposition Transcript, # 3 Exhibit C-Objections to Notice, # 4 Text of Proposed Order)(Braithwaite, Jared) (Entered: 10/23/2014)

2014-10-23

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MOTION to Expedite, MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98 filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: # 1 Exhibit A-Notice of Deposition, # 2 Exhibit B-Deposition Transcript, # 3 Exhibit C-Objections to Notice, # 4 Text of Proposed Order)(Braithwaite, Jared) (Entered: 10/23/2014)

2014-10-23

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MOTION to Expedite, MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98 filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: # 1 Exhibit A-Notice of Deposition, # 2 Exhibit B-Deposition Transcript, # 3 Exhibit C-Objections to Notice, # 4 Text of Proposed Order)(Braithwaite, Jared) (Entered: 10/23/2014)

2014-10-23

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MOTION to Expedite, MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: # 1 Exhibit A-Notice of Deposition, # 2 Exhibit B-Objections to Notice, # 3 Text of Proposed Order)(Braithwaite, Jared) (Entered: 10/23/2014)

2014-10-23

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MOTIONS REFERRED - 209 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98, 210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 Motions referred to Dustin B. Pead.(chambers) (Entered: 10/24/2014)

2014-10-24

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ERRATA to 209 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98 filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute . (Attachments: # 1 Exhibit A-Short Form Motion to Compel w/ Exhibits)(Braithwaite, Jared) (Entered: 10/24/2014)

2014-10-24

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DOCKET TEXT ORDER. Consistent with the short form discovery process, the court expedites briefing on docket numbers 209 and 210 as follows: any opposition thereto is due by close of business on 10/30/2014. After such time, the court will further determine how to proceed either by requesting additional briefing or scheduling a telephonic hearing. Signed by Magistrate Judge Dustin B. Pead on 10/27/2014 (docket text order, no document attached).(amn) (Entered: 10/27/2014)

2014-10-27

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STATUS REPORT No. 4 by BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation. (Johnson, Kristine) (Entered: 10/27/2014)

2014-10-27

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 10/10/2014 before Magistrate Judge Dustin B. Pead. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or 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 11/19/2014. Redacted Transcript Deadline set for 12/1/2014. Release of Transcript Restriction set for 1/27/2015. (jwt) Modified on 1/27/2015 by removing restricted text (las). (Entered: 10/29/2014)

2014-10-29

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Stipulated MOTION for Extension of Time for all parties to serve their respective LPR 3.1 filed by In Re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation. (Attachments: # 1 Text of Proposed Order)(Mangum, David) (Entered: 10/29/2014)

2014-10-29

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ORDER granting 217 Motion for Extension of Time. Signed by Judge Robert J. Shelby on 10/29/2014. (chambers) (Entered: 10/29/2014)

2014-10-29

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MEMORANDUM in Opposition re 209 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98 filed by MDL Notice Myriad Genetics. (Mrazik, Richard) (Entered: 10/30/2014)

2014-10-30

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MEMORANDUM in Opposition re 210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by MDL Notice Myriad Genetics. (Attachments: # 1 Exhibit K. Johnson Oct. 21, 2014 email)(Mrazik, Richard) (Entered: 10/30/2014)

2014-10-30

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MOTION for Extension of Time Respond to Amended Complaint and Memorandum in Support filed by Counter Claimants Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Johnson, Kristine) (Entered: 11/03/2014)

2014-11-03

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ORDER granting 221 Motion for Extension of Time. Signed by Judge Robert J. Shelby on 11/4/2014. (chambers) (Entered: 11/04/2014)

2014-11-04

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AMENDED COMPLAINT (Second) for Declatory Judgment against Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), Endorecherche(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), HSC Research and Development Limited Partnership(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069), Myriad Genetics(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:14cv150, CA 8:13cv1587/UT 2:13cv152, NCA 3:13cv05495/UT 2:13cv153, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, 2:14cv443), Trustees of the University of Pennsylvania(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069), Trustees of the University of Pennsylvania(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), University of Utah Research Foundation(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069, UT 2:14cv442, UT 2:14cv443), University of Utah Research Foundation(UT 2:13cv640, UT 2:13cv954, UT 2:13cv967, UT 2:13cv1049, UT 2:13cv1069)., filed by Counsyl, Inc. (Krannich, Jess) (Entered: 11/10/2014)

2014-11-10

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DOCKET TEXT ORDER deferring ruling on 210 Motion to Compel and requesting additional briefing from the parties. The parties are hereby instructed to submit briefing consistent with Judge Shelby's short form discovery order 56 . The additional briefing shall be submitted according to the following schedule: Defendants' motion and supporting memorandum due by close of business on November 18, 2014; Plaintiff Myriad's opposition due by close of business on November 24, 2014; defendants' reply memorandum, if any, due by close of business on November 26, 2014. Signed by Magistrate Judge Dustin B. Pead on 11/12/2014. No attached document. (jag) (Entered: 11/12/2014)

2014-11-12

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NOTICE OF CONVENTIONAL FILING of Defendants' Supplemental Memorandum in Support of Motion to Compel Plaintiffs to Designate and Provide Witnesses on Defendants' 30(b)(6) Topic Nos. 8-23, 26-33, and 38-53 and accompanying Exhibits C and D filed by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute (Braithwaite, Jared) (Entered: 11/18/2014)

2014-11-18

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DECLARATION of Emmett McMahon Regarding Filing Under Seal re 225 Notice of Conventional Filing, filed by Quest Diagnostics, Quest Diagnostics Nichols Institute. (Braithwaite, Jared) (Entered: 11/18/2014)

2014-11-18

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STIPULATION Final Stipulated Protective Order by BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation. (Attachments: # 1 Exhibit A - Disclosure Agreement, # 2 Exhibit B - ESI Agreement, # 3 Exhibit 1 - Plaintiffs' Disclosures of Custodians, # 4 Exhibit 2 - Defendants' Disclosure of Custodians, # 5 Exhibit 3 - List of Prelim Search, # 6 Exhibit 4 - Defendants' Search Terms)(Mangum, David) Modified on 11/19/2014 event type changed to Motion for Protective Order per chambers(jwt). (Entered: 11/18/2014)

2014-11-18

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SEALED SUPPLEMENTAL MEMORANDUM in Support re 210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by MDL NOtice Quest Diagnostics, Quest Diagnostics Nichols Institute. (Attachments: # 1 Exhibit A - (Previously filed with Dkt. No. 210), # 2 Exhibit B - (Previously filed with Dkt. No. 210), # 3 Exhibit C - Shattuck Deposition, Vol. I, # 4 Exhibit D - Shattuck Deposition Vol. II)(jwt) Modified on 11/19/2014 by sealing document (las). (Entered: 11/19/2014)

2014-11-18

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ORDER denying 209 Motion to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 93-98. Signed by Magistrate Judge Dustin B. Pead on 11/13/2014. (jwt) (Entered: 11/19/2014)

2014-11-19

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STIPULATED PROTECTIVE ORDER - granting 227 Stipulated Motion for Protective Order. Signed by Judge Robert J. Shelby on 11/19/2014. (jwt) (Entered: 11/19/2014)

2014-11-19

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Supplemental MEMORANDUM in Opposition re 210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by MDL Notice Myriad Genetics. (Mrazik, Richard) (Entered: 11/24/2014)

2014-11-24

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ANSWER to 223 Amended Complaint,,,,, with Jury Demand, COUNTERCLAIM against Counsyl, Inc filed by University of Utah Research Foundation, Endorecherche, Myriad Genetics, Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership.(Johnson, Kristine) (Entered: 11/26/2014)

2014-11-26

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REPLY to Response to Motion re 210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by MDL NOtice Quest Diagnostics, Quest Diagnostics Nichols Institute. (Tietz, Kristine) (Entered: 11/26/2014)

2014-11-26

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REDACTION to 228 Memorandum in Support of Motion,, Supplemental Memorandum in Support of Motion to Compel Plaintiffs to Designate and Provide Witnesses on Defendants' 30(b)(6) Topic Nos. 8-23, 26-33, and 38-53 by Counter Claimants Quest Diagnostics, Quest Diagnostics Nichols Institute. (Braithwaite, Jared) (Entered: 12/02/2014)

2014-12-02

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ORDER Setting Telephonic Hearing on Motion 210 MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 : Motion Hearing set for 12/11/2014 09:00 AM in Rm 7.100 before Magistrate Judge Dustin B. Pead. The parties are instructed to appear via telephone. If counsel for any party prefers to appear personally they may make a written request to do so no later than Monday, December 8, 2014. Instructions for the telephonic conference will be emailed to counsel in advance of the hearing. Signed by Magistrate Judge Dustin B. Pead on 12/5/2014. (jag) (Entered: 12/05/2014)

2014-12-05

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ORDER granting (216) Motion for Admission Pro Hac Vice of Daniel R. Foster for Ambry Genetics. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. in case 2:13-cv-00640-RJS Signed by Judge Robert J. Shelby on 12/8/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt) (Entered: 12/08/2014)

2014-12-08

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Minute Order. Telephone Conference held before Magistrate Judge Dustin B. Pead on 12/11/2014 re 210 in 2:14-md-02510-RJS, MOTION to Expedite MOTION to Compel Production of a 30(b)(6) Witness to Testify Regarding Topic Nos. 8-23, 26-33, and 38-53 filed by Defendants. The Court heard oral argument from the parties and ruled from the bench. For the reasons stated on the record, the Court GRANTS 210 as to the Motion to Expedite. and GRANTS in part and DENIES in part 210 Motion to Compel. The Court grants the motion as to all topics except topics 8, 9, and 10. Additionally, topic 12 is modified to apply only to Myriad's knowledge of the information described in topic 12. Written Order to follow oral order: No. Attorney for Plaintiff: Michael R. McCarthy and Geoff D. Bigler, Attorney for Defendant Emmett J. McMahon. Court Reporter: Electronic. (Time Start: 9:02:46, Time End: 9:40:38, Room 7.100) Associated Cases: 2:14-md-02510-RJS et al. (tls) (Entered: 12/11/2014)

2014-12-11

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STATUS REPORT No. 5 by BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation. (Johnson, Kristine) (Entered: 12/11/2014)

2014-12-11

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Joint MOTION for Protective Order [Joint Motion for HIPAA Qualified Protective Order] filed by Counter Claimant Ambry Genetics, MDL Notice Ambry Genetics. (Attachments: # 1 Text of Proposed Order HIPAA Qualified Protective Order)(Gaede, William) (Entered: 12/15/2014)

2014-12-15

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ANSWER to 232 Counterclaim to Counsyl's Second Amended Complaint filed by Counsyl, Inc.(Krannich, Jess) (Entered: 12/17/2014)

2014-12-17

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Oral MOTION for Hearing re Status Conference filed by MDL Notice Invitae Corporation. (Attachments: # 1 Exhibit)(Clark, Robert) (Entered: 12/18/2014)

2014-12-18

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DOCKET TEXT ORDER in case 2:13-cv-00640-RJS; granting (241) Motion for Hearing in case 2:14-md-02510-RJS. The court grants the motion for a Status Hearing. The hearing will be set for 3:00 PM on Monday 12/22/2014 before Judge Robert J. Shelby in courtroom 7.300. Counsel are to appear either in person or telephonically. Due to the court's limited courtroom phone capabilities, counsel for Invitae is to coordinate and facilitate all counsel wishing to appear by phone. Counsel for Invitae should contact Judge Shelby's chambers for the contact number for dialing into the courtroom. Signed by Judge Robert J. Shelby on 12/19/2014. No attached document. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS, 2:14-cv-00443-RJS(jwt) (Entered: 12/19/2014)

2014-12-19

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NOTICE OF HEARING: (Notice generated by jwt) Status Conference set for 12/22/2014 at 03:00 PM in Rm 7.300 before Judge Robert J. Shelby. (jwt) (Entered: 12/19/2014)

2014-12-19

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STATUS REPORT Joint Hearing Statement by Invitae Corporation. (Clark, Robert) (Entered: 12/22/2014)

2014-12-22

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Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 12/22/2014. Discussion heard regarding the Joint Status Hearing Statement that was filed by the parties. In light of the filing, the Court will vacate all current deadlines and stay all fact discovery. Defendants will file a joint opening brief with a 40 page limit on argument by 3/2/2015. Opposition due by 4/1/2015. Any reply shall be due by 5/4/2015. Discussion heard regarding the Federal Circuit Order. Counsel will have discussions and figure out what order this Court should issue in light of the Circuit's order. Attorney for Plaintiff: David Mangum, Kristine Johnson, Michael McCarthy, Attorney for Defendant: Rob Clark, Colin Kemp, Richard Blaylock, Kirke Hasson, William Gaede, Joe Walkowski, John Low, Nathan Thomas, Leslie Grab, Matias Ferrario, Jess Krannich, Nicholas Groombridge, Mark Bettylion, Paul Tripodi, Lesli Gallagher, Nirav Desai, Jeremiah Frueauf, Emmett McMahon, Larry Laycock. Court Reporter: Ray Fenlon.Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS, 2:14-cv-00443-RJS(rlr) (Entered: 12/22/2014)

2014-12-22

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PRETRIAL ORDER No. 3 - Vacating Deadlines Under the Case Management Order and Setting a Briefing Schedule. Signed by Judge Robert J. Shelby on 12/23/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS, 2:14-cv-00443-RJS(jwt) (Entered: 12/23/2014)

2014-12-23

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ADDENDUM TO PROTECTIVE ORDER:HIPAA QUALIFIED PROTECTIVE ORDER. Signed by Judge Robert J. Shelby on 12/30/2014. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt) (Entered: 12/30/2014)

2014-12-30

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STIPULATION of Dismissal between Plaintiffs and Defendant Labcorp Corporation of America Holdings by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Mangum, David) Modified on 1/26/2015 - event type changed to Motion to Dismiss(jwt). (Entered: 01/23/2015)

2015-01-23

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STIPULATION of Dismissal between Defendants and Plaintiff Invitae Corporation by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Mangum, David) Modified on 1/26/2015- Event type changed to Motion to Dismiss (jwt). (Entered: 01/23/2015)

2015-01-23

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STIPULATION of Dismissal between Plaintiffs and defendant Pathway Genomics Corporation by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Mangum, David) Modified on 1/26/2015 - Event type changed to Motion to Dismiss(jwt). (Entered: 01/23/2015)

2015-01-23

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ORDER in case 2:13-cv-01069-RJS; granting (248) Motion to Dismiss in case 2:14-md-02510-RJS. IT IS HEREBY ORDERED that all claims in the action styled University of Utah Research Foundation, et al. v. Laboratory Corporation of America Holdings, Case No. 2:13-cv-01069-RJS are dismissed with prejudice. Each party will bear its own attorney fees and costs. Signed by Judge Robert J. Shelby on 1/23/2015. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-01069-RJS(jwt) (Entered: 01/26/2015)

2015-01-26

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ORDER granting (249) Motion to Dismiss in case 2:14-md-02510-RJS. IT IS HEREBY ORDERED that all claims and counterclaims in the action styled Invitae Corporation v. The University of Utah Research Foundation, et al., Case No. 2:14-cv-00153-RJS (D. Utah); Related Case No. 3:13-cv-05495-JST (N.D. Cal.), are dismissed with prejudice. Each party will bear its own attorney fees and costs. Signed by Judge Robert J. Shelby on 1/23/2015. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00153-RJS(jwt) (Entered: 01/26/2015)

2015-01-26

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ORDER granting (250) Motion to Dismiss in case 2:14-md-02510-RJS. IT IS HEREBY ORDERED that all claims in the action styled University of Utah Research Foundation, et al. v. Pathway Genomics Corporation, Case No. 2:14-cv-442-RJS are dismissed without prejudice. Each party will bear its own attorney fees and costs. Signed by Judge Robert J. Shelby on 1/23/2015. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00442-RJS(jwt) (Entered: 01/26/2015)

2015-01-26

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STIPULATION of Dismissal between Plaintiffs and defendant Ambry, Inc. by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Mangum, David) Modified on 1/30/2015 - changed event type to Motion to Dismiss(jwt). (Entered: 01/30/2015)

2015-01-30

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STIPULATION of Dismissal between Plaintiff Counsyl and defendants by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Mangum, David) Modified on 1/30/2015 changed event type to Motion to Dismiss(jwt). (Entered: 01/30/2015)

2015-01-30

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ORDER in case 2:13-cv-00640-RJS; granting (254) Stipulated Motion to Dismiss between Plaintiffs and defendant Ambry, Inc. in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 1/30/2015. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS(jwt) (Entered: 01/30/2015)

2015-01-30

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ORDER granting (255) Stipulated Motion to Dismiss between Plaintiff Counsyl and defendants in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 1/30/2015. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00150-RJS(jwt) (Entered: 01/30/2015)

2015-01-30

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STIPULATION of Dismissal between Plaintiffs and defendants Quest Diagnostics, Inc. and Quest Diagnostics Nichols Institute Case No. 2:13-cv-00967-RJS by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Mangum, David) Modified on 2/6/2015 event type to Motion to Dismiss (jwt). (Entered: 02/06/2015)

2015-02-06

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STIPULATION of Dismissal between plaintiffs Quest Diagnostics Inc. et al and University of Utah Research Foundation et al Case No. 2:14-cv-00152-RJS by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Mangum, David) Modified on 2/6/2015 changed event to type to Motion to Dismiss (jwt). (Entered: 02/06/2015)

2015-02-06

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ORDER in case 2:13-cv-00967-RJS; granting (258) Motion to Dismiss between Plaintiffs and defendants Quest Diagnostics, Inc. and Quest Diagnostics Nichols Institute Case No. 2:13-cv-00967-RJS in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 2/6/2015. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00967-RJS(jwt) (Entered: 02/06/2015)

2015-02-06

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ORDER granting (259) Motion to Dismiss between plaintiffs Quest Diagnostics Inc. et al and University of Utah Research Foundation et al Case No. 2:14-cv-00152-RJS in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 2/6/2015. Associated Cases: 2:14-md-02510-RJS, 2:14-cv-00152-RJS(jwt) (Entered: 02/06/2015)

2015-02-06

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STIPULATION of Dismissal between Plaintiffs and Defendant GeneDx, Inc. (re: Case No. 2:13-cv-00954) by Endorecherche, HSC Research and Development Limited Partnership, Myriad Genetics, Trustees of the University of Pennsylvania, University of Utah Research Foundation. (Attachments: # 1 Text of Proposed Order)(Mangum, David) Modified on 2/13/2015 - Modified event type to Motion to Dismiss (jwt). (Entered: 02/13/2015)

2015-02-13

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ORDER in case 2:13-cv-00954-RJS; granting (262) Stipulated Motion to Dismiss between Plaintiffs and Defendant GeneDx, Inc. (re: Case No. 2:13-cv-00954) in case 2:14-md-02510-RJS. Signed by Judge Robert J. Shelby on 2/13/2015. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00954-RJS(jwt) (Entered: 02/13/2015)

2015-02-13

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MANDATE of USCA Federal Circuit as to 9 Notice of Appeal filed by Myriad Genetics. According to the USCA the decision of the USDC for the Dist of UT is AFFIRMED AND REMANDED. Judgment included with mandate: Yes. (Attachments: # 1 Mandate Cover Letter)(jwt) (Entered: 02/25/2015)

2015-02-25

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MANDATE of USCA Federal Circuit as to 9 Notice of Appeal filed by Myriad Genetics. According to the USCA the decision of the USDC for the Dist of UT is AFFIRMED AND REMANDED. Judgment included with mandate: Yes. (Attachments: # 1 Mandate Cover Letter)(jwt) (Entered: 02/25/2015)

2015-02-25

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MDL ORDER Closing MDL. Signed by Judge Robert J. Shelby on 3/9/2015. Associated Cases: 2:14-md-02510-RJS, 2:13-cv-00640-RJS, 2:13-cv-00954-RJS, 2:13-cv-00967-RJS, 2:13-cv-01049-RJS, 2:13-cv-01069-RJS, 2:14-cv-00150-RJS, 2:14-cv-00152-RJS, 2:14-cv-00153-RJS, 2:14-cv-00442-RJS, 2:14-cv-00443-RJS(jwt) (Entered: 03/09/2015)

2015-03-09

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Terminated MDL Case

2015-03-09

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Order from MDL

2024-04-11

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Modification of Docket

2024-04-11

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Overview

Parties

Counter Claimant

Pathway Genomics Follow

Represented By

Myriad Genetics Follow

Represented By

Mdl Notice

Labroratory Corporation of America Holdings Follow

Represented By

GeneDX Follow

Represented By

Gene by Gene Follow

Represented By

Association for Molecular Pathology Follow

Represented By

Public Patent Foundation Follow

Represented By

American Civil Liberties Union Foundation of Utah Follow

Represented By

Ambry Genetics Follow

Represented By

Breast Cancer Action Follow

Represented By

Counter Defendant

Invitae Corporation Follow

Represented By

Counsyl, Inc Follow

Represented By

In Re

BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation Follow

Represented By

Plaintiff

Endorecherche Follow

Represented By

HSC Research and Development Limited Partnership Follow

Represented By

Trustees of the University of Pennsylvania Follow

Represented By

University of Utah Research Foundation Follow

Represented By

Quest Diagnostics Nichols Institute Follow

Represented By

Defendant

Quest Diagnostics Follow

Represented By

AARP Follow

Represented By

American Civil Liberties Union Follow

Represented By

Notice

MDL Panel Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

MDL MEMBER CASE ADDED (USDC District of Utah, 2:13cv640, 2:13cv 954, 2:13cv967) Pursuant to 1 MDL Transfer Order (rks) (Entered: 02/28/2014)

MDL MEMBER CASE OPENED as 2:14cv150. (USDC Northern District of California, 5:13cv4391) Pursuant to MDL Conditional Transfer Order CTO# 1 (jwt) (Entered: 02/28/2014)

MDL MEMBER CASE OPENED as 2:14cv152. ( USDC Central California, 8:13cv1587) Pursuant to 1 MDL Transfer Order (rks) (Entered: 03/03/2014)

MDL MEMBER CASE OPENED as 2:14cv00153. ( USDC for Northern District of California, 3:13cv05495) Pursuant to MDL Conditional Transfer Order CTO# 1 (jwt) (Entered: 03/04/2014)

MEMORANDUM DECISION and Order Denying Plaintiffs' Motion for Preliminary Injunction (Docket Number 5 in case 2:13cv640). See order for details. Signed by Judge Robert J. Shelby on 3/10/2014. (jwt)

NOTICE OF APPEAL filed by Myriad Genetics. Appeals to the USCA for the Federal Circuit. Filing fee $ 505, receipt number 1088-2013981. (Biegler, Geoff) (Entered: 03/13/2014)

Transmission of Preliminary Record to USCA-Federal Circuit re 9 Notice of Appeal. (Attachments: # 1 Appendix)(jmr) (Entered: 03/14/2014)

USCA Case Number Case Appealed to Federal Circuit Case Number 14-1366 for 9 Notice of Appeal filed by Myriad Genetics. (jmr) (Entered: 03/19/2014)

ORDER Assigning Case to MDL Case Pursuant to MDL Panel Ruling (entered in case 2:13cv1049-RJS). Signed by Judge Robert J. Shelby on 3/19/2014. (jwt) (Entered: 03/21/2014)

MDL MEMBER CASE ADDED ( USDC District of Utah, 2:13-cv-1049) per 12 Order Assigning case to MDL Case Pursuant to MDL Panel Ruling. (jwt) (Entered: 03/21/2014)

ORDER for Assignment to MDL Case No. 2:14-MD-2510 (entered as docket no. 37 in case 2:13-cv-1069-RJS). Signed by Judge Robert J. Shelby on 3/19/2014. (jwt) (Entered: 03/21/2014)

MDL MEMBER CASE ADDED ( USDC District of Utah, 2:13-cv-1069) Pursuant to 14 ORDER for Assignment to MDL Case No. 2:14-MD-2510 (jwt) (Entered: 03/21/2014)

MOTION Transfer Pursuant to Section 1404 and Memorandum in Support filed by MDL Notice Myriad Genetics. (Attachments: # 1 Exhibit 1 - Tentative Order, # 2 Text of Proposed Order)(Johnson, Kristine) (Entered: 03/21/2014)

ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Invitae Corporation filed by Myriad Genetics.(Johnson, Kristine) (Entered: 03/21/2014)

NOTICE of Withdrawal of Motion to Transfer by Myriad Genetics re 16 MOTION Transfer Pursuant to Section 1404 and Memorandum in Support (McCarthy, Michael) (Entered: 04/02/2014)

ANSWER to Complaint with Jury Demand Invitae Corporation's Answer and Affirmative Defenses to Counterclaims [related to consolidated Case No. 13-cv-05495] filed by Invitae Corporation.(Cornish, Rita) (Entered: 04/11/2014)

MOTION for Admission Pro Hac Vice of Daralyn J. Durie and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029596, filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - proposed Order)(Krannich, Jess) (Entered: 04/14/2014)

MOTION for Admission Pro Hac Vice of Mark A. Lemley and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-2029607, filed by MDL Notice Counsyl, Inc. (Attachments: # 1 Exhibit A - Application, # 2 Exhibit B - proposed Order)(Krannich, Jess) (Entered: 04/14/2014)

DECLARATION of Sean E. George, Ph.D. Supplemental Declaration of Sean E. George, Ph.D., in Support of Motion to Dismiss for Lack of Personal Jurisdiction [Motion is filed as Dkt. No. 12 in Case No. 2:13-cv-1049] filed by Invitae Corporation. (Cornish, Rita) (Entered: 04/17/2014)

REPORT OF ATTORNEY PLANNING MEETING. (Attachments: # 1 Exhibit A - Plaintiffs' Proposed Scheduling Order, # 2 Exhibit B - Defendants' Proposed Scheduling Order)(Johnson, Kristine) (Entered: 04/18/2014)

EXHIBITS filed by BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation re 40 Attorney Planning Meeting. (Johnson, Kristine) (Entered: 04/18/2014)

NOTICE of Withdrawal of Motion to Dismiss Under Rule 12(B)(1) or, In the Alternative, to Transfer Quest's Declaratory Judgment Action by Myriad Genetics (McCarthy, Michael) (Entered: 04/22/2014)

NOTICE of Withdrawal of Motion to Dismiss, Transfer, or Stay in Favor of First-Filed Action in the United States District Court for the Central District of California by Quest Diagnostics, Quest Diagnostics Nichols Institute (Braithwaite, Jared) (Entered: 04/22/2014)

Pathway Genomics

Myriad Genetics

Labroratory Corporation of America Holdings

GeneDX

Gene by Gene

Association for Molecular Pathology

Public Patent Foundation

American Civil Liberties Union Foundation of Utah

Ambry Genetics

Breast Cancer Action

Invitae Corporation

Counsyl, Inc

BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation

Endorecherche

HSC Research and Development Limited Partnership

Trustees of the University of Pennsylvania

University of Utah Research Foundation

Quest Diagnostics Nichols Institute

Quest Diagnostics

AARP

American Civil Liberties Union

MDL Panel