REPORT AND RECOMMENDATION CHRISTOPHER J. BURKE , Magistrate Judge . Pending before the Court in this consolidated shareholder derivative action is the motion ("Motion") of Defendants Kevin J. McNamara, Timothy S. O'Toole, David P. Williams, Joel F. Gemunder, Patrick P. Grace, Thomas C. Hutton, Walter L. Krebs, Andrea R. Lindell, Thomas P. Rice, Donald E. Saunders, Arthur V. Tucker, Jr., George J. Walsh III, Frank E. Wood, Ernest J. Mrozek, and Nominal Defendant Chemed Corporation ("Chemed"...
MEMORANDUM ORDER CHRISTOPHER J. BURKE , Magistrate Judge . At Wilmington, Delaware this 18th day of December, 2015. 1. Before the Court is Defendant Warren Pumps, LLC's ("Warren") motion to resolve a discovery dispute (the "discovery motion") that has arisen in this matter. (D.I. 588) The Court has considered the parties' submissions, (D.I. 590-94), as well as the parties' arguments made during a December 16, 2015 teleconference with the Court. I. BACKGROUND AND PROCEDURAL HISTORY 2....
RULINGS AND RECOMMENDATIONS RELATIVE TO THE PARTIES' MOTIONS TO STRIKE AND OTHER DISCOVERY ISSUES YVONNE TAKVORIAN SAVILLE , Special Master . A hearing was held on December 2, 2015 in connection with discovery disputes arising between plaintiff Callwave and defendants Google and Broadsoft. 1. At the time of the December 2, 2015 hearing, plaintiffs requested that I reconsider my prior ruling regarding the production of Dr. Burger's expert report, testimony, and any declarations or...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Presently before the Court is the issue of claim construction of multiple terms in U.S. Patent No. 8,604,909 ("the '909 patent"). The Court has considered the Parties' Joint Claim Construction Brief. (D.1. 61). The Court heard oral argument on November 23, 2015. (DJ. 89). I. BACKGROUND The '909 patent relates to Real-Time Location ("RTL") systems for locating and identifying specific portable devices (sometimes referred to as "tags"...
ORDER SUE L. ROBINSON , District Judge . At Wilmington this 16 th day of December, 2015, having received a recommendation from Chief Magistrate Judge Mary Pat Thynge that this case be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this court; IT IS ORDERED that the recommendation is accepted and briefing on this bankruptcy appeal shall proceed in accordance with the following schedule per request of the parties: 1. Appellant's brief in...
MEMORANDUM ORDER CHRISTOPHER J. BURKE , Magistrate Judge . Presently pending before the Court in this patent infringement action is a motion for a partial stay of the instant proceedings (the "Motion"), filed by Defendant Toshiba Samsung Storage Technology Korea Corporation ("TSST-K" or "Defendant"). (D.I. 82) With the Motion, TSST-K seeks a partial stay of the proceedings as to Plaintiffs LG Electronics, Inc. and LG Electronics U.S.A., Inc.'s (collectively, "LG" or "Plaintiffs") claims...
MEMORANDUM ORDER SUE L. ROBINSON , District Judge . At Wilmington this 8th day of December, 2015, having conducted a de novo review of the well-reasoned Report and Recommendation issued by Magistrate Judge Sherry R. Fallon on October 8, 2015 (D.I. 34), as well as the responsive papers filed in connection therewith (D.I. 35, 37); IT IS ORDERED that the Report and Recommendation ("the Report") is adopted, pursuant to 28 U.S.C. 636(b), and defendant's objections to such are overruled. The...
REPORT AND RECOMMENDATION SHERRY R. FALLON , Magistrate Judge . I. INTRODUCTION Plaintiffs Raheem Jefferson Brennerman ("Brennerman") and Blacksands Pacific Energy Corporation, Inc. ("Blacksands") (collectively "Plaintiffs"), filed an action for defamation against Defendants Guardian News & Media Limited d/b/a The Guardian ("Guardian Ltd. (UK)") and Center for Public Integrity d/b/a International Consortium of Investigative Journalists ("CPI") (collectively "Original Defendants"),...
MEMORANDUM GREGORY M. SLEET , District Judge . I. INTRODUCTION The plaintiff Kathleen B. Miller ("Miller") filed this action against defendant Carolyn W. Colvin, Acting Commissioner of Social Security ("Commissioner"), on September 20, 2013. (D.I. 1). Miller seeks review of the Commissioner's final decision denying her applications for disability insurance benefits ("DIB") under Title II of the Social Security Act (the "Act"). Miller filed an application for DIB on January 19, 2010. (Tr....
MEMORANDUM GREGORY M. SLEET , District Judge . I. INTRODUCTION On November 15, 2006, Plaintiff Amir Fatir brought this lawsuit against current and former Delaware DOC employees Stanley Taylor, David Pierce, Janice Henry, James Satterfield, and Ronald Pawlowski (collectively the "Defendants"). (D.I. 10.) Mr. Fatir asserts Eighth Amendment claims related to the inhumane conditions of confinement under 42 U.S.C. 1983. Id. On February 6, 2015, Mr. Fatir added Defendants Joyce Talley,...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Presently before the Court is Defendant's Motion to Declare This Case Exceptional Pursuant to 35 U.S.C. 285. (D.I. 138; C.A. No. 14-339 D.I. 49). 1 The motion has been fully briefed. (D.I. 139, 143, 145). The Court heard oral argument on October 13, 2015. (D.I. 147). Defendant Jaguar Land Rover North America, LLC asks that this case be declared "exceptional" so that it may be awarded attorneys' fees and non-tax able costs...
MEMORANDUM ORDER RICHARD G. ANDREWS , District Judge . Plaintiff, Universal American Corporation ("Universal"), brought a 15-count Amended Complaint against the above-captioned Defendants for causes of action arising out of a merger between Universal and Partners Healthcare Solutions, Inc. ("APS"). 1 (D.I. 39). As part of the consideration exchanged for the merger agreement, Universal paid Defendants 6.5 million shares of Universal stock. (D.I. 63 at 2). Count XIV of the Amended Complaint...
MEMORANDUM ORDER SUE L. ROBINSON , District Judge . At Wilmington this 28th day of December, 2015, having reviewed defendants' 1 motion for relief from the continued application of the injunction entered by the court in March 2014, as well as the papers filed in connection therewith; IT IS ORDERED that said motion (D.I. 678) is granted, for the reasons that follow: 1. Background. By order dated March 31, 2014, the court granted plaintiffs' 2 motion for entry of a permanent injunction...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Currently before the Court are the parties' objections to a Report and Recommendation and Memorandum Opinion issued by a Magistrate Judge. On or around November 8, 2012, plaintiff Gimaex Holding, Inc. and defendant Spartan Motors USA, Inc. executed a Venture Agreement (the "Agreement") creating Spartan-Gimaex Innovations, LLC, a joint venture. Gimaex and Spartan each have a 50% ownership interest in the Joint Venture. Ultimately, the...
MEMORANDUM RICHARD G. ANDREWS , District Judge . The Motion for Provisional Entry of Appearance (D.I. 97) is DENIED. Interestingly, the Devlin Law Firm — Plaintiffs possible counsel — submits no proposed order with the motion. I do not think that is a coincidence. It is hard to figure out what sort of order the Devlin Law Firm would envision were I to grant its motion. That is because the Devlin Law Firm is essentially seeking an order to limit its potential liability for conduct it has...
MEMORANDUM RICHARD G. ANDREWS , District Judge . The Motion for Provisional Entry of Appearance (D.I. 111) is DENIED. Interestingly, the Devlin Law Firm — Plaintiff's possible counsel — submits no proposed order with the motion. I do not think that is a coincidence. It is hard to figure out what sort of order the Devlin Law Firm would envision were I to grant its motion. That is because the Devlin Law Firm is essentially seeking an order to limit its potential liability for conduct it...
REPORT AND RECOMMENDATION SHERRY R. FALLON , Magistrate Judge . At Wilmington this 21st day of December, 2015, I recommend that the court dismiss Defendants, Bay Valley Pulp and Paper Co. ("Bay Valley") and Bird Escher Wyss, Inc. ("Bird Escher"), from the above-captioned case without prejudice for the following reasons: 1. On February 26, 2015, Plaintiffs filed the present asbestos related personal injury action against multiple defendants in the Superior Court of the State of Delaware....
MEMORANDUM OPINION ROBINSON , District Judge . I. PROCEDURAL BACKGROUND Pending before the court are multiple motions filed by the parties following an 18 month-long arbitration. Roquette Freres, S.A. ("Roquette") is a French corporation with its principal place of business in Lestrem, France. Solazyme, Inc. ("Solazyme") is a Delaware corporation with its principal place of business in South San Francisco, California. The court has jurisdiction pursuant to 28 U.S.C. 1332. Roquette...
MEMORANDUM RICHARD G. ANDREWS , District Judge . The Motion for Provisional Entry of Appearance (No. 13-2061, D.I. 120) 1 is DENIED. Interestingly, the Devlin Law Firm-Plaintiffs possible counsel — submits no proposed order with the motion. I do not think that is a coincidence. It is hard to figure out what sort of order the Devlin Law Firm would envision were I to grant its motion. That is because the Devlin Law Firm is essentially seeking an order to limit its potential liability for...
MEMORANDUM ORDER RICHARD G. ANDREWS , District Judge . This Court held a jury trial on September 14-18, 2015, at the conclusion of which the jury found in favor of Plaintiff in the amount of $390,000 on its unjust enrichment claim. (D.I. 127). Pursuant to Federal Rule of Civil Procedure 59(e), Plaintiff now moves to amend the judgment to include the award of pre-judgment and post-judgment interest. (D.I. 132). The motion is fully briefed. (D.I. 133, 134, 137). The parties do not dispute...
