MEMORANDUM GREGORY M. SLEET, Chief Judge. I. INTRODUCTION On April 24, 2008, LG Electronics U.S.A., Inc. and LG Electronics, Inc. (collectively, "LG") filed this patent infringement action against Whirlpool Corporation and Maytag Corporation (collectively, "Whirlpool"). (D.I. 1.) LG filed its second amended complaint on May 26, 2009, alleging, among other things, that Whirlpool manufactured and sold refrigerators which infringed U.S. Patent No. 7,316,121 ("the '121 patent") and seeking...
OPINION REN E MARIE BUMB, District Judge. Plaintiff Bayer CropScience AG claims that Defendant Dow AgroSciences LLC has infringed its patent, patent number 6,153,401 (the "401 patent"). Defendant has raised various affirmative defenses and counterclaims. Plaintiff has moved to strike Defendant's fifth and seventh affirmative defenses, as well as its third counterclaim. For the reasons that follow, Plaintiff's motion is GRANTED, in part, and DENIED, in part. It is GRANTED with respect to...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION Plaintiff Mumin Rahim ("plaintiff"), an inmate at the James T. Vaughn Correctional Center ("VCC"), Smyrna, Delaware, filed this lawsuit alleging violations of his constitutional right to due process. Plaintiff proceeds pro se and was granted leave to proceed without prepayment of fees. ( See D.I. 4) Presently before the court is defendants' motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). (D.I. 23) The court has...
MEMORANDUM OPINION TIMOTHY R. RICE, United States Magistrate Judge. Plaintiff Lisa A. Hemphill seeks various forms of equitable relief in the wake of a jury's finding that her employer, the City of Wilmington ("the City"), retaliated against her in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e et seq. The City objects to each of Hemphill's requests, arguing she is entitled to no relief at all, notwithstanding the jury verdict in her favor. Based on...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION On December 3, 2010, Benihana of Tokyo, Inc. ("plaintiff" or "BOT") filed this complaint comprising six causes of action ("claims"): (1) breach of contract; (2) specific performance; (3) conversion; (4) false designation of origin; (5) trademark infringement; and (6) declaratory judgment. (D.I. 1 at 6-12) Plaintiff amended its complaint on December 7, 2010 ("amended complaint"). (D.I. 6) On February 4, 2011, defendants...
OPINION LEGROME D. DAVIS, District Judge. I. Introduction Plaintiff Alcon Research, Ltd. ("Alcon") brought this patent infringement action in response to Defendants' Par Pharmaceutical, Inc. ("Par") and Barr Laboratories Inc. ("Barr") filing of Abbreviated New Drug Applications (ANDAs) 1 for FDA approval to market generic versions of Alcon's Travatan and Travatan Z products. Travatan and Travatan Z are topical prescription eye drops used to treat glaucoma and ocular hypertension, a...
MEMORANDUM ORDER MARY PAT THYNGE, United States Magistrate Judge. I. INTRODUCTION Plaintiff Paula Couden ("Couden") and six of her children filed a civil rights and tort action against defendants Scott Duffey ("Agent Duffey"), James C. Armstrong ("Officer Armstrong"), Jay Freebery ("Officer Freebery"), Liam Sullivan ("Officer Sullivan"), New Castle County, the New Castle County Department of Police, the City of Wilmington, the City of Wilmington Department of Police, two unknown agents of...
MEMORANDUM OPINION GLEN P. STARK, District Judge. I. INTRODUCTION Plaintiff James E. Cooke, Jr. ("Plaintiff') filed this action pursuant to 42 U.S.C. 1983 alleging violations of his constitutional rights. 1 Plaintiff, a pretrial detainee, is currently housed at the Howard R. Young Correctional Institution ("HRYCI") in Wilmington, Delaware. Plaintiff appears pro se and has been granted leave to proceed in forma pauperis. (D.I. 6) The Court proceeds to review and screen the...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. I. INTRODUCTION Plaintiff James E. Cooke, Jr. ("Plaintiff) filed this action pursuant to 42 U.S.C. 1983 alleging violations of his constitutional rights. 1 Plaintiff, a pretrial detainee, is currently housed at the Howard R. Young Correctional Institution ("HRYCI") in Wilmington, Delaware. Plaintiff appears pro se and has been granted leave to proceed in forma pauperis. (D.I. 6) The Court proceeds to review and screen the...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. I. INTRODUCTION Plaintiff James E. Cooke, Jr. ("Plaintiff') filed this action pursuant to 42 U.S.C. 1983 alleging violations of his constitutional rights. 1 Plaintiff, a pretrial detainee, is currently housed at the Howard R. Young Correctional Institution ("HRYCI") in Wilmington, Delaware. Plaintiff appears pro se and has been granted leave to proceed in forma pauperis. (D.I. 9) The Court proceeds to review and screen the...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. I. INTRODUCTION Plaintiff James E. Cooke, Jr. ("Plaintiff') filed this action pursuant to 42 U.S.C. 1983 alleging violations of his constitutional rights. 1 Plaintiff, a pretrial detainee, is currently housed at the Howard R. Young Correctional Institution ("HRYCI") in Wilmington, Delaware. Plaintiff appears pro se and has been granted leave to proceed in forma pauperis. (D.I.6) The Court proceeds to review and screen the...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION Petitioner Charles T. Monroe ("petitioner") is a Delaware inmate in custody at the James T. Vaughn Correctional Center in Smyrna, Delaware. Presently before the court is petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. (D.I. 2) For the reasons that follow, the court will dismiss his application. II. FACTUAL AND PROCEDURAL BACKGROUND On May 6, 2004, Wilmington police officers Robert Fox and...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION Plaintiff Darlene Daughtry ("plaintiff") filed this action against defendant Family Dollar Stores, Inc. ("defendant"), her former employer, on December 23, 2008. (D.I. 1) Plaintiff alleges employment discrimination based on race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq., as amended by the Civil Rights Act of 1991 ("Title VII") and 42 U.S.C. 1981. After defendant filed a motion...
MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilmington this 13th day of October, 2011, having sentenced defendant Paul E. Pavulak to imprisonment for a life term, pursuant to 18 U.S.C. 3559(e), and given the complexities of the statutory scheme implicated by the charges of conviction, the court has determined to supplement its remarks made in open court by the following statement of reasons. 1. The statutory sentencing scheme for the crimes of conviction include the following: a....
MEMORANDUM GREGORY M. SLEET, Chief Judge. I. INTRODUCTION On June 18, 2009, Harry & David commenced an action against J & P Acquisition ("J & P"), Donald Hachenberger and Glenda Hachenberger for breach of contract, among other claims, in the United States District Court for the District of Oregon. Harry and David v. J & P Acquis., Inc., et al., C.A. No. 09-3056-CL (the "Oregon Action"). On December 17, 2009, the Oregon District Court dismissed Donald and Glenda Hachenberger, without...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Presently before the Court is a motion to transfer venue to the Eastern District of Michigan, pursuant to 28 U.S.C. 1404, filed by Defendant Thomson Reuters Tax and Accounting, Inc. ("Defendant"). (D.I. 6) For the reasons set forth below, Defendant's motion to transfer is denied. The Parties Plaintiff Cyralene Simms ("Plaintiff) is a resident of the State of Delaware. (D.I. 1 at 5) Plaintiff formerly worked for Defendant remotely...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Pending before the Court is the Rule 12(b)(6) Motion to Dismiss filed by defendants Greenstar New Jersey, LLC ("Greenstar NJ") and Greenstar, LLC ("Greenstar") (collectively, "Defendants") (D.I. 17) and the Rule 12(b)(2) & (6) Motions to Dismiss filed by defendant NTR plc ("NTR") (D.I. 26). Plaintiff Global Recycling Solutions LLC ("Global) opposes the motions. (D.I. 20; D.I. 30) I. BACKGROUND 1 A. The Parties Global is a New...
MEMORANDUM OPINION LEONARD STARK, District Judge. Plaintiff Red Clay School District ("Plaintiff or the "District") filed this action pursuant to 20 U.S.C. 1415(i)(C), seeking judicial review of a decision rendered by an administrative panel at a due process hearing. (D.I. 2) Presently pending before the Court is a motion for leave to file sealed first amended answer with counterclaim filed by Defendants T.S. and R.S., parents of J.S. ("Defendants"). (D.I. 16) For the reasons discussed...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION Plaintiff Kenneth R. Abraham ("plaintiff") is an inmate incarcerated at the James T. Vaughn Correctional Center, Smyrna, Delaware, who proceeds pro se and has been granted leave to proceed in forma pauperis. He filed this lawsuit pursuant to 42 U.S.C. 1983 on May 23, 2008 and has since amended the complaint. (D.I. 2, 6, 97, 117, 220) Presently before the court is a motion for summary judgment filed by defendants...
MEMORANDUM OPINION TIMOTHY R. RICE, United States Magistrate Judge. Plaintiffs Delaware Audubon Society and Public Employees for Environmental Responsibility ("PEER") oppose a plan by the United States Fish and Wildlife Service ("FWS") to build berms and repair sand dunes on and adjacent to the Prime Hook National Wildlife Refuge ("the Refuge," and "the Project"). Plaintiffs seek relief under the Administrative Procedures Act ("APA"), 5 U.S.C. 551 et seq., the National Environmental Policy...
