By Memorandum Order entered by The Honorable Leonard P. Stark in North Atlantic Operating Co., Inc. et al. v. Dunhuang Group/d/b/a DHgate et al., Civil Action No. 18-154-LPS (D.Del. July 11, 2018), the Court granted in part Petitioners North Atlantic Operating Company, Inc. and National Tobacco Company, L.P.’s Motion to Compel Non-Party Dunhung Group d/b/a DHgate, DHlink, DHport, and DHpay to Comply with Plaintiffs’ Subpoena Duces Tecum (“Motion to Compel”) to the extent it requested the Court to transfer the Motion to Compel to the United States District Court for the Eastern District of Michigan. In so ordering, the Court found that “extraordinary circumstances exist in this case, such that transfer is warranted so as to not disrupt the issuing court’s management of the Underlying Action.” Id. at *3.

A copy of the Memorandum Order is attached.

The United States District Court for the District of Delaware has announced new procedures for assignment of cases to Senior Judge Gregory M. Sleet in light of Judge Sleet’s retirement from the bench during the fall of 2018 and two current District Judge vacancies on the Court. With respect to new civil cases, for the time being, Senior Judge Sleet will continue to draw a share of new civil cases equal to that of the Court’s active District Judges. The Court has begun the process of reassigning a portion of the civil cases currently on Judge Sleet’s docket – primarily those scheduled for trial in 2018. With respect to criminal cases, Judge Sleet will no longer be assigned new criminal matters beginning sometime in the spring of 2018. At and after that time, all new criminal cases will be assigned to the Court’s active District Judges.

In the announcement, the Court clarified that the procedures for the assignment of cases to the Vacant Judgeship docket (“VAC”) remain unchanged and no new visiting judges have been added to the list since the September 2017 announcement.

A copy of the Announcement is attached.

The United States District Court for the District of Delaware announced that, effective February 3, 2017, the Honorable Sue L. Robinson, transitioned to Senior Judge.  In the announcement, the Court also set forth certain changes to its case assignment practices given Judge Robinson’s transition to a Senior United States District Judge.  In short, Judge Robinson will not be assigned any new criminal cases or new civil cases.  Until the vacancy is filled, all new criminal cases will be assigned to Chief Judge Stark, Judge Sleet and Judge Andrews.  Until the vacancy is filled, all new civil cases will be assigned to Chief Judge Stark, Judge Sleet, Judge Andrews and a new docket referred to as “Vacant Judgeship” or “VAC”.  The cases assigned to VAC will also be referred to one of the Magistrate Judges – Judge Thynge (“MPT”), Judge Burke (“CJB”), and Fallon (“SRF”).

A copy of the Court’s Announcement is attached.

By Memorandum Order entered by The Honorable Gregory M. Sleet in Arrowpoint Capital Corp. v. Arrowpoint Asset Management, LLC, et al., Civil Action No. 10-161 (D.Del. October 11, 2016), the Court granted Plaintiff Arrowpoint Capital Corp.’s motion for partial summary judgment in its trademark infringement action against Defendants Arrowpoint Asset Management, LLC, et al. after finding that Arrowpoint Capital is entitled to summary judgment on the issue of ownership of certain marks containing the “ARROWPOINT” element and has valid and legally protectable marks. In the Memorandum Order, the Court also denied the motion for summary judgment of Defendants on Plaintiff’s claims for willful infringement, disgorgement of profits and other matters. Id. at *2-5.

A copy of the Memorandum Order is attached.