MONOSOL RX, LLC v. BIODELIVERY SCIENCES INTERNATIONAL, INC.

COMPLAINT against BIODELIVERY SCIENCES INTERNATIONAL, INC. ( Filing and Admin fee $ 400 receipt number 0312-7587113) with JURY DEMAND, filed by MONOSOL RX, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(HECHT, DAVID) [Transferred from New Jersey on 9/14/2017.] (Entered: 01/13/2017)

2017-01-13

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COMPLAINT against BIODELIVERY SCIENCES INTERNATIONAL, INC. ( Filing and Admin fee $ 400 receipt number 0312-7587113) with JURY DEMAND, filed by MONOSOL RX, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(HECHT, DAVID) [Transferred from New Jersey on 9/14/2017.] (Entered: 01/13/2017)

2017-01-13

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COMPLAINT against BIODELIVERY SCIENCES INTERNATIONAL, INC. ( Filing and Admin fee $ 400 receipt number 0312-7587113) with JURY DEMAND, filed by MONOSOL RX, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(HECHT, DAVID) [Transferred from New Jersey on 9/14/2017.] (Entered: 01/13/2017)

2017-01-13

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COMPLAINT against BIODELIVERY SCIENCES INTERNATIONAL, INC. ( Filing and Admin fee $ 400 receipt number 0312-7587113) with JURY DEMAND, filed by MONOSOL RX, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(HECHT, DAVID) [Transferred from New Jersey on 9/14/2017.] (Entered: 01/13/2017)

2017-01-13

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COMPLAINT against BIODELIVERY SCIENCES INTERNATIONAL, INC. ( Filing and Admin fee $ 400 receipt number 0312-7587113) with JURY DEMAND, filed by MONOSOL RX, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(HECHT, DAVID) [Transferred from New Jersey on 9/14/2017.] (Entered: 01/13/2017)

2017-01-13

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AO120 Patent Form filed. (jem) [Transferred from New Jersey on 9/14/2017.] (Entered: 01/13/2017)

2017-01-13

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SUMMONS ISSUED as to BIODELIVERY SCIENCES INTERNATIONAL, INC. Attached is the official court Summons, please fill out Defendant and Plaintiff's attorney information and serve. Issued By John Moller (jem) [Transferred from New Jersey on 9/14/2017.] (Entered: 01/13/2017)

2017-01-13

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Judge Brian R. Martinotti and Magistrate Judge Douglas E. Arpert added. (jjc) [Transferred from New Jersey on 9/14/2017.]

2017-01-13

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Ex Parte MOTION for Extension of Time to File Answer by BIODELIVERY SCIENCES INTERNATIONAL, INC.. (CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 02/13/2017)

2017-02-13

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Application and Proposed Order for Clerk's Order to extend time to answer. (CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 02/14/2017)

2017-02-14

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Clerk`s Text Order - The document 5 Application for Clerk's Order to Ext Answer/Proposed Order submitted by BIODELIVERY SCIENCES INTERNATIONAL, INC. has been GRANTED. The answer due date has been set for 3/1/2017. (mmh) [Transferred from New Jersey on 9/14/2017.]

2017-02-14

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Corporate Disclosure Statement by BIODELIVERY SCIENCES INTERNATIONAL, INC.. (CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/01/2017)

2017-03-01

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MOTION to Dismiss by BIODELIVERY SCIENCES INTERNATIONAL, INC.. Responses due by 3/20/2017 (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Declaration, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, Part 1, # 9 Exhibit 5, Part 2, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11)(CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/01/2017)

2017-03-01

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MOTION to Transfer Case to EASTERN DISTRICT OF NORTH CAROLINA by BIODELIVERY SCIENCES INTERNATIONAL, INC.. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Declaration of Mark A. Sirgo, # 4 Declaration of Scott S. Christie, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, Part 1, # 10 Exhibit 5, Part 2, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12, # 18 Exhibit 13)(CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/01/2017)

2017-03-01

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NOTICE of Appearance by JAMIE L. LUCIA on behalf of MONOSOL RX, LLC (LUCIA, JAMIE) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/17/2017)

2017-03-17

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NOTICE of Appearance by WILLIAM C. BATON on behalf of MONOSOL RX, LLC (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/17/2017)

2017-03-17

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Letter from MonoSol to the Hon. Douglas E. Arpert, U.S.M.J.. (LUCIA, JAMIE) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/17/2017)

2017-03-17

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NOTICE of Appearance by DAVID LEIGH MOSES on behalf of MONOSOL RX, LLC (MOSES, DAVID) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/17/2017)

2017-03-17

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ORDER granting Plaintiff's request for an extension of the briefing schedule for Defendant BioDelivery Sciences International Inc.'s pending Motion to Dismiss and Motion to Transfer. Signed by Judge Brian R. Martinotti on 3/24/2017. (seb) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/24/2017)

2017-03-24

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Letter from MonoSol to the Hon. Brian R. Martinotti, U.S.D.J.. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 04/21/2017)

2017-04-21

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LETTER ORDER modifying briefing schedule re: 7 Motion to Dismiss and 8 Motion to Transfer. Signed by Judge Brian R. Martinotti on 4/24/2017. (mmh) [Transferred from New Jersey on 9/14/2017.] (Entered: 04/24/2017)

2017-04-24

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Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney JAMIE L. LUCIA terminated. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 04/26/2017)

2017-04-26

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BRIEF in Opposition filed by MONOSOL RX, LLC re 7 MOTION to Dismiss (Attachments: # 1 Declaration of C. Adams, # 2 Certificate of Service)(BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 05/01/2017)

2017-05-01

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Exhibit to 17 Brief in Opposition to Motion by MONOSOL RX, LLC. (BATON, WILLIAM)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from New Jersey on 9/14/2017.] (Entered: 05/01/2017)

2017-05-01

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BRIEF in Opposition filed by MONOSOL RX, LLC re 8 MOTION to Transfer Case to EASTERN DISTRICT OF NORTH CAROLINA (Attachments: # 1 Declaration of C. Adams, # 2 Certificate of Service)(BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 05/01/2017)

2017-05-01

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Letter from Scott S. Christie to the Hon. Brian R. Martinotti, re 15 Order. (CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 05/15/2017)

2017-05-15

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LETTER ORDER granting request for a further extension of the briefing schedule for BioDelivery's pending Motion to Dismiss and Motion to Transfer. Signed by Judge Brian R. Martinotti on 5/16/2017. (mmh) [Transferred from New Jersey on 9/14/2017.] (Entered: 05/16/2017)

2017-05-16

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Letter from Monosol to the Hon. Brian R. Martinotti, U.S.D.J.. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 05/31/2017)

2017-05-31

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LETTER ORDER that the deadline for BDSI to submit its reply to the pending Motion to Dismiss and the pending Motion to Transfer is extended to 6/21/2017. Signed by Judge Brian R. Martinotti on 6/1/2017. (mmh) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/01/2017)

2017-06-01

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Letter from Scott S. Christie to the Hon. Brian R. Martinotti, U.S.D.J. (Attachments: # 1 TC Heartland LLC v. Kraft Foods Group Brands LLC)(CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/13/2017)

2017-06-13

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Letter from MonoSol to the Hon. Brian R. Martinotti, U.S.D.J. re 24 Letter. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/16/2017)

2017-06-16

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Letter from MonoSol to the Hon. Brian R. Martinotti, U.S.D.J.. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/21/2017)

2017-06-21

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REPLY to Response to Motion filed by BIODELIVERY SCIENCES INTERNATIONAL, INC. re 7 MOTION to Dismiss (Attachments: # 1 Declaration, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14)(CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/21/2017)

2017-06-21

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REPLY to Response to Motion filed by BIODELIVERY SCIENCES INTERNATIONAL, INC. re 8 MOTION to Transfer Case to EASTERN DISTRICT OF NORTH CAROLINA (CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/21/2017)

2017-06-21

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APPLICATION/PETITION for the Pro Hac Vice admission of J. Hibey and C. Adams for by MONOSOL RX, LLC. (Attachments: # 1 Certification of W. Baton, # 2 Certification J. Hibey, # 3 Certification of C. Adams, # 4 Text of Proposed Order)(BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/21/2017)

2017-07-21

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ORDER admitting James F. Hibey, Esq. and Cassandra Adams, Esq. pro hac vice. Signed by Magistrate Judge Douglas E. Arpert on 7/24/2017. (mmh) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/24/2017)

2017-07-24

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NOTICE of Appearance by RAVIN R. PATEL on behalf of BIODELIVERY SCIENCES INTERNATIONAL, INC. (PATEL, RAVIN) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/24/2017)

2017-07-24

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Minute Entry for proceedings held before Judge Brian R. Martinotti: In-Person Status & Settlement Conference held on 7/25/2017; case settled. 60 Day Order to issue; parties to submit proposed order within 60 days. (Court Reporter: Not on the record.) (DS) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/25/2017)

2017-07-25

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Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement.( Administrative Termination deadline set for 9/25/2017). Signed by Judge Brian R. Martinotti on 7/25/2017. (DS) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/25/2017)

2017-07-25

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Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-7984613.) (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/25/2017)

2017-07-25

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Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-7984639.) (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/25/2017)

2017-07-25

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Letter from MonoSol to the Hon. Brian R. Martinotti, U.S.D.J. re 33 Order 60-Day Administrative Termination. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 09/13/2017)

2017-09-13

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Stipulated Order Transferring Case to the United States District Court for the District of Delaware. Signed by Judge Brian R. Martinotti on 9/14/2017. (mmh) [Transferred from New Jersey on 9/14/2017.] (Entered: 09/14/2017)

2017-09-14

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Record of case transferred in from District of New Jersey; Case Number in Other District: 3:17-cv-00246. Copy of Docket Sheet and original file (Entered: 09/14/2017)

2017-09-14

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Local Counsel Letter sent. Notice of Compliance deadline set for 10/19/2017. (lmm) (Main Document 39 replaced on 9/14/2017) (lmm). (Main Document 39 replaced on 9/14/2017) (lmm). (Entered: 09/14/2017)

2017-09-14

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NOTICE of Appearance by James Darlington Taylor, Jr on behalf of MonoSol Rx LLC (Taylor, James) (Entered: 09/14/2017)

2017-09-14

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Oral Order

2017-09-20

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Remark

2017-09-20

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Remark re Newer Attorneys

2017-09-20

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Case Referred to Magistrate Judge (Vacant Judgeship 2017)

2017-09-20

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Case Assigned (Vacant Judgeship 2017)

2017-09-20

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ORAL ORDER: IT IS HEREBY ORDERED pursuant to Local Rule 81.2 (Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware, effective August 1, 2016) that within 21 days of the filing of the case with this District, the parties shall submit a statement identifying all pending matters which require judicial action. Ordered by Judge Christopher J. Burke on 9/20/2017. (dlb)

2017-09-20

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REMARK: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb)

2017-09-20

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REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb)

2017-09-20

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CASE REFERRED to Magistrate Judge Christopher J. Burke. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb)

2017-09-20

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Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb)

2017-09-20

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Joint STATEMENT Pursuant to Local Rule 81.2 by MonoSol Rx LLC. (Taylor, James) (Entered: 10/04/2017)

2017-10-04

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Letter MOTION for Scheduling Order for Brief Schedule on Motion to Dismiss - filed by MonoSol Rx LLC. Motions referred to Christopher J. Burke.(Taylor, James) (Entered: 10/06/2017)

2017-10-06

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NOTICE of Appearance by Brian R. Lemon on behalf of BioDelivery Sciences International, Inc. (Lemon, Brian) (Entered: 10/09/2017)

2017-10-09

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Set Briefing Schedule - open,ans,reply,surreply

2017-10-11

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SO ORDERED

2017-10-11

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Set Briefing Schedule: re BioDeliverys Motion to Dismiss and Motion to Transfer 7, 8 . Opening Brief due 10/31/2017. Answering Brief due 11/17/2017. Reply Brief due 12/1/2017. (dlb)

2017-10-11

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SO ORDERED D.I. 42 Letter MOTION for Scheduling Order for Brief Schedule on Motion to Dismiss filed by MonoSol Rx LLC. Ordered by Judge Christopher J. Burke on 10/11/2017. (dlb)

2017-10-11

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Case Assigned (in lieu of Vacant Judgeship)

2017-10-19

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Case Assigned to Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (MSG) after the case number on all documents filed. (bkb)

2017-10-19

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MOTION for Pro Hac Vice Appearance of Attorney Scott S. Christie and Ravin Patel - filed by BioDelivery Sciences International, Inc.. (Attachments: # 1 Certifications for Scott S. Christie and Ravin Patel)(Lemon, Brian) (Entered: 10/24/2017)

2017-10-24

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ORDER granting 44 MOTION for Pro Hac Vice Appearance of Attorney Scott S. Christie and Ravin Patel. Signed by Judge Mitchell S. Goldberg on 10/25/2017. (nmfn) (Entered: 10/25/2017)

2017-10-25

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Add Attorneys - PHV only

2017-10-25

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Pro Hac Vice Attorney Ravin R. Patel for BioDelivery Sciences International, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)

2017-10-25

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MOTION to Transfer Case to Eastern District of North Carolina Pursuant to 28 U.S.C. § 1404(a) - filed by BioDelivery Sciences International, Inc.. (Attachments: # 1 Text of Proposed Order)(Lemon, Brian) (Entered: 10/31/2017)

2017-10-31

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OPENING BRIEF in Support re 46 MOTION to Transfer Case to Eastern District of North Carolina Pursuant to 28 U.S.C. § 1404(a) filed by BioDelivery Sciences International, Inc..Answering Brief/Response due date per Local Rules is 11/14/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 Pt. 1, # 6 Exhibit 5 Pt. 1, # 7 Exhibit 5 Pt. 2, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13)(Lemon, Brian) (Entered: 10/31/2017)

2017-10-31

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DECLARATION re 46 MOTION to Transfer Case to Eastern District of North Carolina Pursuant to 28 U.S.C. § 1404(a) of Scott S. Christie by BioDelivery Sciences International, Inc.. (Lemon, Brian) (Entered: 10/31/2017)

2017-10-31

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DECLARATION re 46 MOTION to Transfer Case to Eastern District of North Carolina Pursuant to 28 U.S.C. § 1404(a) of Mark A. Sirgo, Pharm. D. by BioDelivery Sciences International, Inc.. (Lemon, Brian) (Entered: 10/31/2017)

2017-10-31

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MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b) - filed by BioDelivery Sciences International, Inc.. (Attachments: # 1 Text of Proposed Order)(Lemon, Brian) (Entered: 10/31/2017)

2017-10-31

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OPENING BRIEF in Support re 50 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b) filed by BioDelivery Sciences International, Inc..Answering Brief/Response due date per Local Rules is 11/14/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 Pt. 1, # 5 Exhibit 4 Pt. 2, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Lemon, Brian) (Entered: 10/31/2017)

2017-10-31

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ORDER denying as moot D.I. 8 MOTION to Transfer Case to EASTERN DISTRICT OF NORTH CAROLINA; denying as moot 7 MOTION to Dismiss. Signed by Judge Mitchell S. Goldberg on 11/1/2017. (nmfn) (Entered: 11/01/2017)

2017-11-01

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ANSWERING BRIEF in Opposition re 50 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b) filed by MonoSol Rx LLC.Reply Brief due date per Local Rules is 11/27/2017. (Taylor, James) (Entered: 11/17/2017)

2017-11-17

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ANSWERING BRIEF in Opposition re 46 MOTION to Transfer Case to Eastern District of North Carolina Pursuant to 28 U.S.C. § 1404(a) filed by MonoSol Rx LLC.Reply Brief due date per Local Rules is 11/27/2017. (Taylor, James) (Entered: 11/17/2017)

2017-11-17

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DECLARATION re 54 Answering Brief in Opposition by MonoSol Rx LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Taylor, James) (Entered: 11/17/2017)

2017-11-17

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MOTION for Pro Hac Vice Appearance of Attorney Cassandra Adams - filed by MonoSol Rx LLC. (Attachments: # 1 Certification)(Taylor, James) (Entered: 12/01/2017)

2017-12-01

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MOTION for Pro Hac Vice Appearance of Attorney Jamie Lucia - filed by MonoSol Rx LLC. (Attachments: # 1 Certification)(Taylor, James) (Entered: 12/01/2017)

2017-12-01

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MOTION for Pro Hac Vice Appearance of Attorney James F. Hibey - filed by MonoSol Rx LLC. (Attachments: # 1 Certification)(Taylor, James) (Entered: 12/01/2017)

2017-12-01

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ORDER granting 56 MOTION for Pro Hac Vice Appearance of Attorney Cassandra Adams filed by MonoSol Rx LLC. Signed by Judge Mitchell S. Goldberg on 12/4/2017. (fms) (Entered: 12/04/2017)

2017-12-04

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ORDER granting 57 MOTION for Pro Hac Vice Appearance of Attorney Jamie Lucia filed by MonoSol Rx LLC. Signed by Judge Mitchell S. Goldberg on 12/4/2017. (fms) (Entered: 12/04/2017)

2017-12-04

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ORDER granting 58 MOTION for Pro Hac Vice Appearance of Attorney James F. Hibey filed by MonoSol Rx LLC. Signed by Judge Mitchell S. Goldberg on 12/4/2017. (fms) (Entered: 12/04/2017)

2017-12-04

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ORDER: Defendant's request for a seven-day extension of time to file its reply in support of its Motion to Transfer and Motion to Dismiss is GRANTED. Defendant shall file its replies on or before December 8, 2017. Set Briefing Schedule: re 50 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b), 46 MOTION to Transfer Case to Eastern District of North Carolina Pursuant to 28 U.S.C. § 1404(a). (Reply Briefs due 12/8/2017.) Signed by Judge Mitchell S. Goldberg on 12/4/2017. (fms) (Entered: 12/04/2017)

2017-12-04

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Add Attorneys - PHV only

2017-12-04

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Pro Hac Vice Attorney James F. Hibey for MonoSol Rx LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)

2017-12-04

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Pro Hac Vice Attorney Cassandra A Adams for MonoSol Rx LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)

2017-12-04

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MOTION for Pro Hac Vice Appearance of Attorney Kia Freeman, Wyley S. Proctor, and Thomas F. Foley - filed by BioDelivery Sciences International, Inc.. (Attachments: # 1 Certification for Kia Freeman, Wyley S. Proctor, and Thomas F. Foley)(Lemon, Brian) (Entered: 12/05/2017)

2017-12-05

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Add Attorneys - PHV only

2017-12-05

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Pro Hac Vice Attorney Jamie Lucia for MonoSol Rx LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)

2017-12-05

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ORDER granting 63 Motion to Appear Pro Hac Vice of Attorney Kia Freeman, Wyley S. Proctor, and Thomas F. Foley. Signed by Judge Mitchell S. Goldberg on 12/6/2017. (nmfn) (Entered: 12/07/2017)

2017-12-07

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REPLY BRIEF re 46 MOTION to Transfer Case to Eastern District of North Carolina Pursuant to 28 U.S.C. § 1404(a) filed by BioDelivery Sciences International, Inc.. (Lemon, Brian) (Entered: 12/08/2017)

2017-12-08

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REPLY BRIEF re 50 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b) filed by BioDelivery Sciences International, Inc.. (Attachments: # 1 Exhibit 11-12)(Lemon, Brian) (Entered: 12/08/2017)

2017-12-08

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Add Attorneys - PHV only

2017-12-15

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Pro Hac Vice Attorney Wyley S. Proctor for BioDelivery Sciences International, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)

2017-12-15

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Add Attorneys - PHV only

2017-12-18

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Pro Hac Vice Attorney Kia Freeman,Thomas F. Foley for BioDelivery Sciences International, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)

2017-12-18

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Letter to Counsel from Judge Goldberg regarding Delaware Case Assignments. (gvw) (Entered: 08/15/2018)

2018-08-15

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NOTICE of Appearance by Selena E. Molina on behalf of MonoSol Rx LLC (Molina, Selena) (Entered: 10/12/2018)

2018-10-12

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Minute Entry for proceedings held before Judge Mitchell S. Goldberg - Telephone Conference regarding Motion to Transfer held on 10/15/2018. (ceg)

2018-10-15

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ORDER, Defendant's Motion to Transfer (Doc. No. 46 ) is GRANTED and this matter is to be TRANSFERRED to the United States District Court for the Eastern District of North Carolina. Defendant's Motion to Dismiss (Doc. No. 50 ) is DENIED as moot. Signed by Judge Mitchell S. Goldberg on 10/16/2018. (nmg) (Entered: 10/16/2018)

2018-10-16

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Case transferred to the Eastern District of North Carolina United States District Court. Case transferred electronically. (nmg)

2018-10-30

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Remark: Case transferred from Delaware has been opened in EASTERN DISTRICT OF NORTH CAROLINA as case 5:18-cv-00514, filed 10/30/2018. (nmg)

2018-10-30

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Overview

Parties

Plaintiff

BioDelivery Sciences International, Inc. Follow

Represented By

Counter Defendant

MonoSol Rx LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

AO120 Patent Form filed. (jem) [Transferred from New Jersey on 9/14/2017.] (Entered: 01/13/2017)

SUMMONS ISSUED as to BIODELIVERY SCIENCES INTERNATIONAL, INC. Attached is the official court Summons, please fill out Defendant and Plaintiff's attorney information and serve. Issued By *John Moller* (jem) [Transferred from New Jersey on 9/14/2017.] (Entered: 01/13/2017)

Judge Brian R. Martinotti and Magistrate Judge Douglas E. Arpert added. (jjc) [Transferred from New Jersey on 9/14/2017.]

Ex Parte MOTION for Extension of Time to File Answer by BIODELIVERY SCIENCES INTERNATIONAL, INC.. (CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 02/13/2017)

Application and Proposed Order for Clerk's Order to extend time to answer. (CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 02/14/2017)

Clerk`s Text Order - The document 5 Application for Clerk's Order to Ext Answer/Proposed Order submitted by BIODELIVERY SCIENCES INTERNATIONAL, INC. has been GRANTED. The answer due date has been set for 3/1/2017. (mmh) [Transferred from New Jersey on 9/14/2017.]

Corporate Disclosure Statement by BIODELIVERY SCIENCES INTERNATIONAL, INC.. (CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/01/2017)

NOTICE of Appearance by JAMIE L. LUCIA on behalf of MONOSOL RX, LLC (LUCIA, JAMIE) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/17/2017)

NOTICE of Appearance by WILLIAM C. BATON on behalf of MONOSOL RX, LLC (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/17/2017)

Letter from MonoSol to the Hon. Douglas E. Arpert, U.S.M.J.. (LUCIA, JAMIE) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/17/2017)

NOTICE of Appearance by DAVID LEIGH MOSES on behalf of MONOSOL RX, LLC (MOSES, DAVID) [Transferred from New Jersey on 9/14/2017.] (Entered: 03/17/2017)

Letter from MonoSol to the Hon. Brian R. Martinotti, U.S.D.J.. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 04/21/2017)

LETTER ORDER modifying briefing schedule re: 7 Motion to Dismiss and 8 Motion to Transfer. Signed by Judge Brian R. Martinotti on 4/24/2017. (mmh) [Transferred from New Jersey on 9/14/2017.] (Entered: 04/24/2017)

Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney JAMIE L. LUCIA terminated. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 04/26/2017)

BRIEF in Opposition filed by MONOSOL RX, LLC re 7 MOTION to Dismiss (Attachments: # 1 Declaration of C. Adams, # 2 Certificate of Service)(BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 05/01/2017)

BRIEF in Opposition filed by MONOSOL RX, LLC re 8 MOTION to Transfer Case to EASTERN DISTRICT OF NORTH CAROLINA (Attachments: # 1 Declaration of C. Adams, # 2 Certificate of Service)(BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 05/01/2017)

Letter from Scott S. Christie to the Hon. Brian R. Martinotti, re 15 Order. (CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 05/15/2017)

LETTER ORDER granting request for a further extension of the briefing schedule for BioDelivery's pending Motion to Dismiss and Motion to Transfer. Signed by Judge Brian R. Martinotti on 5/16/2017. (mmh) [Transferred from New Jersey on 9/14/2017.] (Entered: 05/16/2017)

Letter from Monosol to the Hon. Brian R. Martinotti, U.S.D.J.. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 05/31/2017)

LETTER ORDER that the deadline for BDSI to submit its reply to the pending Motion to Dismiss and the pending Motion to Transfer is extended to 6/21/2017. Signed by Judge Brian R. Martinotti on 6/1/2017. (mmh) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/01/2017)

Letter from Scott S. Christie to the Hon. Brian R. Martinotti, U.S.D.J. (Attachments: # 1 TC Heartland LLC v. Kraft Foods Group Brands LLC)(CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/13/2017)

Letter from MonoSol to the Hon. Brian R. Martinotti, U.S.D.J. re 24 Letter. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/16/2017)

Letter from MonoSol to the Hon. Brian R. Martinotti, U.S.D.J.. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/21/2017)

REPLY to Response to Motion filed by BIODELIVERY SCIENCES INTERNATIONAL, INC. re 7 MOTION to Dismiss (Attachments: # 1 Declaration, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14)(CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/21/2017)

REPLY to Response to Motion filed by BIODELIVERY SCIENCES INTERNATIONAL, INC. re 8 MOTION to Transfer Case to EASTERN DISTRICT OF NORTH CAROLINA (CHRISTIE, SCOTT) [Transferred from New Jersey on 9/14/2017.] (Entered: 06/21/2017)

ORDER admitting James F. Hibey, Esq. and Cassandra Adams, Esq. pro hac vice. Signed by Magistrate Judge Douglas E. Arpert on 7/24/2017. (mmh) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/24/2017)

NOTICE of Appearance by RAVIN R. PATEL on behalf of BIODELIVERY SCIENCES INTERNATIONAL, INC. (PATEL, RAVIN) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/24/2017)

Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement.( Administrative Termination deadline set for 9/25/2017). Signed by Judge Brian R. Martinotti on 7/25/2017. (DS) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/25/2017)

Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-7984613.) (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/25/2017)

Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-7984639.) (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 07/25/2017)

Letter from MonoSol to the Hon. Brian R. Martinotti, U.S.D.J. re 33 Order 60-Day Administrative Termination. (BATON, WILLIAM) [Transferred from New Jersey on 9/14/2017.] (Entered: 09/13/2017)

Stipulated Order Transferring Case to the United States District Court for the District of Delaware. Signed by Judge Brian R. Martinotti on 9/14/2017. (mmh) [Transferred from New Jersey on 9/14/2017.] (Entered: 09/14/2017)

Record of case transferred in from District of New Jersey; Case Number in Other District: 3:17-cv-00246. Copy of Docket Sheet and original file (Entered: 09/14/2017)

Local Counsel Letter sent. Notice of Compliance deadline set for 10/19/2017. (lmm) (Main Document 39 replaced on 9/14/2017) (lmm). (Main Document 39 replaced on 9/14/2017) (lmm). (Entered: 09/14/2017)

NOTICE of Appearance by James Darlington Taylor, Jr on behalf of MonoSol Rx LLC (Taylor, James) (Entered: 09/14/2017)

Oral Order

Remark

Remark re Newer Attorneys

Case Referred to Magistrate Judge (Vacant Judgeship 2017)

Case Assigned (Vacant Judgeship 2017)

Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb)

Joint STATEMENT Pursuant to Local Rule 81.2 by MonoSol Rx LLC. (Taylor, James) (Entered: 10/04/2017)

Letter MOTION for Scheduling Order for Brief Schedule on Motion to Dismiss - filed by MonoSol Rx LLC. Motions referred to Christopher J. Burke.(Taylor, James) (Entered: 10/06/2017)

NOTICE of Appearance by Brian R. Lemon on behalf of BioDelivery Sciences International, Inc. (Lemon, Brian) (Entered: 10/09/2017)

Set Briefing Schedule - open,ans,reply,surreply

SO ORDERED

Set Briefing Schedule: re BioDeliverys Motion to Dismiss and Motion to Transfer 7, 8 . Opening Brief due 10/31/2017. Answering Brief due 11/17/2017. Reply Brief due 12/1/2017. (dlb)

SO ORDERED D.I. 42 Letter MOTION for Scheduling Order for Brief Schedule on Motion to Dismiss filed by MonoSol Rx LLC. Ordered by Judge Christopher J. Burke on 10/11/2017. (dlb)

Case Assigned (in lieu of Vacant Judgeship)

Case Assigned to Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (MSG) after the case number on all documents filed. (bkb)

MOTION for Pro Hac Vice Appearance of Attorney Scott S. Christie and Ravin Patel - filed by BioDelivery Sciences International, Inc.. (Attachments: # 1 Certifications for Scott S. Christie and Ravin Patel)(Lemon, Brian) (Entered: 10/24/2017)

ORDER granting 44 MOTION for Pro Hac Vice Appearance of Attorney Scott S. Christie and Ravin Patel. Signed by Judge Mitchell S. Goldberg on 10/25/2017. (nmfn) (Entered: 10/25/2017)

Add Attorneys - PHV only

Pro Hac Vice Attorney Ravin R. Patel for BioDelivery Sciences International, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)

MOTION to Transfer Case to Eastern District of North Carolina Pursuant to 28 U.S.C. § 1404(a) - filed by BioDelivery Sciences International, Inc.. (Attachments: # 1 Text of Proposed Order)(Lemon, Brian) (Entered: 10/31/2017)

DECLARATION re 46 MOTION to Transfer Case to Eastern District of North Carolina Pursuant to 28 U.S.C. § 1404(a) of Scott S. Christie by BioDelivery Sciences International, Inc.. (Lemon, Brian) (Entered: 10/31/2017)

DECLARATION re 46 MOTION to Transfer Case to Eastern District of North Carolina Pursuant to 28 U.S.C. § 1404(a) of Mark A. Sirgo, Pharm. D. by BioDelivery Sciences International, Inc.. (Lemon, Brian) (Entered: 10/31/2017)

MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b) - filed by BioDelivery Sciences International, Inc.. (Attachments: # 1 Text of Proposed Order)(Lemon, Brian) (Entered: 10/31/2017)

ORDER denying as moot D.I. 8 MOTION to Transfer Case to EASTERN DISTRICT OF NORTH CAROLINA; denying as moot 7 MOTION to Dismiss. Signed by Judge Mitchell S. Goldberg on 11/1/2017. (nmfn) (Entered: 11/01/2017)

ANSWERING BRIEF in Opposition re 50 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b) filed by MonoSol Rx LLC.Reply Brief due date per Local Rules is 11/27/2017. (Taylor, James) (Entered: 11/17/2017)

ANSWERING BRIEF in Opposition re 46 MOTION to Transfer Case to Eastern District of North Carolina Pursuant to 28 U.S.C. § 1404(a) filed by MonoSol Rx LLC.Reply Brief due date per Local Rules is 11/27/2017. (Taylor, James) (Entered: 11/17/2017)

DECLARATION re 54 Answering Brief in Opposition by MonoSol Rx LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Taylor, James) (Entered: 11/17/2017)

MOTION for Pro Hac Vice Appearance of Attorney Cassandra Adams - filed by MonoSol Rx LLC. (Attachments: # 1 Certification)(Taylor, James) (Entered: 12/01/2017)

MOTION for Pro Hac Vice Appearance of Attorney Jamie Lucia - filed by MonoSol Rx LLC. (Attachments: # 1 Certification)(Taylor, James) (Entered: 12/01/2017)

MOTION for Pro Hac Vice Appearance of Attorney James F. Hibey - filed by MonoSol Rx LLC. (Attachments: # 1 Certification)(Taylor, James) (Entered: 12/01/2017)

ORDER granting 56 MOTION for Pro Hac Vice Appearance of Attorney Cassandra Adams filed by MonoSol Rx LLC. Signed by Judge Mitchell S. Goldberg on 12/4/2017. (fms) (Entered: 12/04/2017)

ORDER granting 57 MOTION for Pro Hac Vice Appearance of Attorney Jamie Lucia filed by MonoSol Rx LLC. Signed by Judge Mitchell S. Goldberg on 12/4/2017. (fms) (Entered: 12/04/2017)

ORDER granting 58 MOTION for Pro Hac Vice Appearance of Attorney James F. Hibey filed by MonoSol Rx LLC. Signed by Judge Mitchell S. Goldberg on 12/4/2017. (fms) (Entered: 12/04/2017)

BioDelivery Sciences International, Inc.

MonoSol Rx LLC

SUMMONS ISSUED as to BIODELIVERY SCIENCES INTERNATIONAL, INC. Attached is the official court Summons, please fill out Defendant and Plaintiff's attorney information and serve. Issued By John Moller (jem) [Transferred from New Jersey on 9/14/2017.] (Entered: 01/13/2017)