MEMORANDUM RICHARD G. ANDREWS , District Judge . I. BACKGROUND In May 1981, a Superior Court jury convicted Petitioner Japhis Lampkins of first degree murder, second degree burglary, first degree conspiracy, and a weapons offense. See Lampkins v. State, 465 A.2d 785 (Del. 1983). The Superior Court sentenced Petitioner to life imprisonment without parole for the first degree murder conviction, and to five years of imprisonment for each of the remaining three convictions. Id. at 788....
REPORT AND RECOMMENDATION SHERRY R. FALLON , Magistrate Judge . I. INTRODUCTION In these patent infringement actions filed under the Hatch-Waxman Act by plaintiffs LEO Pharma A/S ("LEO Pharma"), LEO Laboratories Limited ("LEO Labs"), and LEO Pharma, Inc. ("LEO, Inc.") (collectively, "LEO") against defendants Actavis Laboratories UT, Inc. and Actavis, Inc. (together, "Actavis") and Perrigo UK Finco Limited Partnership and Perrigo Company (together, "Perrigo"), LEO alleges infringement of...
MEMORANDUM ORDER LEONARD P. STARK , District Judge . At Wilmington, this 27 th day of December, 2017, having considered Plaintiff's request for counsel (D.I. 25); IT IS ORDERED that the request fox counsel (D.I. 25) is DENIED without prejudice to renew, for the reasons that follow: Plaintiff Booker T. Martin ("Plaintiff"), a former inmate at the Sussex Correctional Center in Georgetown, Delaware, filed this action pursuant to 42 U.S.C. 1983. He appears pro se and has been granted...
MEMORANDUM ORDER LEONARD P. STARK , District Judge . At Wilmington this 27 th day of December, 2017, the Complaint in the above-captioned case having been filed on June 24, 2014, and Plaintiff having failed to show cause why Defendants Sarah Clarti and Shawn should not be dismissed for failure to serve process as required, pursuant to Fed. R. Civ. P. 4(m); IT IS ORDERED that Defendants Sarah Clarti and Shawn axe DISMISSED as Defendants, for the reasons that follow: Plaintiff proceeds...
MEMORANDUM RICHARD G. ANDREWS , District Judge . On October 28, 2014, I entered a final order and judgment (D.I. 74), which did not decide one issue, namely, who should get "attorneys' fees" and "reimbursement of costs and expenses," and how much that should be. ( Id. at 14). Plaintiff was requesting $1,000,000 in attorneys' fees and expenses, a number to which Defendants had agreed. (D.I. 85-1, p. 5). On July 1, 2015, I issued an opinion deciding both parts of the issue, namely, that...
MEMORANDUM ORDER LEONARD P. STARK , District Judge . Having reviewed the parties' briefing relating to Defendants' motion for reargument, clarification, and/or certification for interlocutory appeal under 28 U.S.C. 1292(b), IT IS HEREBY ORDERED that Defendants' motion (D.I. 227) is DENIED. 1. "Motions for reargument shall be sparingly granted," D. Del. LR 7.1.5, and are only warranted when there is an intervening change in controlling law, newly available evidence, or the need to...
MEMORANDUM Superior Court of the State of Delaware in and for New Castle County C.A. No. N17L-07-057 JRJ GREGORY M. SLEET , District Judge . I. INTRODUCTION On August 25, 2017, the defendant Anthony L. Tillman, a/k/a Nazir El ("the defendant") filed a notice of removal of Delaware State Court C.A. No. N17L-07-057-JRJ. (D.I. 1.) The defendant appears pro se and has paid the filing fee. 1 The plaintiff moves for remand. (D.I. 5.) For the reasons discussed below, the court will grant the...
REPORT AND RECOMMENDATION CHRISTOPHER J. BURKE , Magistrate Judge . 1. In this patent infringement action filed by Plaintiff Modem Telecom Systems, LLC ("Plaintiff' or "Modem Telecom")), Defendants TCL Communication Inc., TCT Mobile, Inc., TCT Mobile (US) Inc., and TCT Mobile (US) Holdings, Inc. (collectively, "Defendants") have filed a motion to dismiss the Complaint ("Motion"), pursuant to Federal Rule of Civil Procedure 12(b)(6). (D.I. 13) 1 More specifically, Defendants move to...
MEMORANDUM (Jointly Administered) LEONARD P. STARK , District Judge . Movants Michael B. Moreno ("Moreno") and Turbine Generation Services, LLC ("TGS"), defendants in the above-captioned adversary proceeding ("Defendants"), move this Court (D .I. 1) ("Motion for Leave") for leave to file an interlocutory appeal with respect to the Bankruptcy Court's Opinion (Adv. D.I. 230) 1 and Order (Adv. D.I. 231), which denied Defendants' motion (Adv. D.I. 183) ("Third Party Motion") for leave to...
MEMORANDUM ORDER Bankr. Case No. 13-12965-KG (Jointly Administered) Adv. Proc. No. 15-51238-KG LEONARD P. STARK , District Judge . Having reviewed the papers submitted in connection with Defendants' motion for leave to appeal (D.I. 1, 18) (the "Motion for Leave") the Bankruptcy Court's Memorandum Opinion and Order 1 (the "Interlocutory Order"), which granted in part and denied in part Defendants' motion to dismiss (Adv. D.I. 106) 2 the above-captioned adversary proceeding, and...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Plaintiff Mahala Duffy, who proceeds pro se and has been granted leave to proceed in forma pauperis, filed this action alleging employment discrimination pursuant to 42 U.S.C. 2000e, et seq. Before the Court is Defendant's motion to dismiss. (D.I. 9). Briefing on the matter is complete. BACKGROUND Plaintiff was employed by Defendant until her employment was terminated on September 28, 2015. (D.I. 2 at p.2). Plaintiff...
MEMORANDUM GREGORY M. SLEET , District Judge . I. INTRODUCTION Plaintiff Kenneth E. Randolph ("Randolph"), an inmate at the James T. Vaughn Correctional Center, Smyrna, Delaware, proceeds prose and has been granted leave to proceed informa pauperis. He filed this complaint pursuant to 42 U.S.C. 1983 claiming violations of his constitutional rights. 1 (D.I. 3, 7, 17) II. BACKGROUND Randolph alleges violations of his right to due process during a parole revocation hearing. On May...
MEMORANDUM GREGORY M. SLEET , District Judge . The plaintiff, Anthony A. Nash ("Nash"), an inmate at the Howard R. Young Correctional Institution, Wilmington, Delaware, tiled this lawsuit pursuant to 42 U.S.C. 1983. (D.I. 3.) Nash appears pro se and has paid the filing fee. He later sought, and was granted leave to proceed in pauperis. (D.I. 105, 116.) Before the Court are several motions filed by the parties. (D.I. 104, 111, 121, 127, 150, 151, 152.) MOTION TO DISMISS FOR...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Presently before me is the issue of claim construction of multiple terms in U.S. Patent No. 6,701,344 (the '"344 patent"), U.S. Patent No. 6,714,966 (the "'966 patent"), U.S. Patent No. 6,829,634 (the '"634 patent"), U.S. Patent No. 6,910,069 (the "'069 patent"), U.S. Patent No. 6,732,147 (the '"147 patent"), and U.S. Patent No. 6,920,497 (the "'497 patent"). I have considered the parties' Joint Claim Construction Brief. (D.I. 321)....
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Presently before me is the issue of claim construction of multiple terms in U.S. Patent No. 6,701,344 ("the '344 patent"), U.S. Patent No. 6,714,966 ("the '966 patent"), U.S. Patent No. 6,829,634 ("the '634 patent"), U.S. Patent No. 6,910,069 ("the '069 patent"), and U.S. Patent No. 6,732,147 ("the '147 patent"). I have considered the parties' Joint Claim Construction Brief(D.I. 281). 1 I issued an Order and Stipulation Regarding...
MEMORANDUM ORDER GREGORY M. SLEET , District Judge . At Wilmington this 19 th day of December, 2017, having considered the plaintiff's filing titled "judicial notice 59(e) new evidence" (D.I. 48); IT IS ORDERED that the filing seeking compensatory and punitive damages (D.I. 48) is denied , for the following reasons: 1. The plaintiff, Orin Turner ("Turner"), filed this civil rights action pursuant to 42 U.S.C. 1983. On June 12, 2017, the court entered a memorandum and order denying...
MEMORANDUM Contains Confidential Information Pursuant to L.R. 26.2 GREGORY M. SLEET , District Judge . I. INTRODUCTION The plaintiff Amgen, Inc. ("Amgen"), pursuant to the Hatch-Waxman Act. filed a patent infringement action against Macleods Pharmaceuticals LTD and Macleods Phanna USA, Inc. ("Macleods") for infringement of one or more claims of U.S. Patent No. 9,375,405 ("the '405 patent") by the filing of its Abbreviated New Drug Applications ("ANDA") No. 209362 with the FDA. Presently...
MEMORANDUM OPINION GREGORY M. SLEET , District Judge . Pending before the court is a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 and an amended petition filed by petitioner John Johnson ("Johnson"). (D.I. 1; D.I. 11) The State filed an answer in opposition. (D.I. 19) For the following reasons, the court will deny the petition as time-barred by the one-year limitations period prescribed in 28 U.S.C. 2244. I. BACKGROUND A. Aggravated Menacing Conviction In...
MEMORANDUM ORDER LEONARD P. STARK , District Judge . Pending before the Court is Defendants Kyocera Corporation ("Kyocera Corp.") and Kyocera International, Inc.'s ("Kyocera International" and collectively with Kyocera Corp., "Kyocera" or "Defendants") motion to dismiss (1) Kyocera International for improper venue or, in the alternative, to transfer venue to the Southern District of California; (2) Kyocera Corp. for lack of personal jurisdiction; and (3) the entirety of...
MEMORANDUM ORDER LEONARD P. STARK , District Judge . Pending before the Court is Defendants HTC Corporation ("HTC Corp.") and HTC America Inc.'s ("HTC America" and collectively with HTC Corp., "HTC" or "Defendants") motion to dismiss (1) both Defendants for improper venue, or, in the alternative, to transfer venue to the Western District of Washington; and (2) HTC Corp. for lack of personal jurisdiction (D.I. 21). Having considered the parties' motion briefing (D.I. 22, 28, 30) and letter...
