Rhea Drugstore Inc v. Prodigy Diabetes Care LLC

Filing 5

ORDER: The Court received the attached letters from counsel yesterday. Requests for relief should be made by motion on the docket. Construing the letter from Prodigy's lawyer as a motion to extend, the Court denies the request without prejudice. Prodigy may be in default. But that issue, too, needs fleshing out on a brief motion. Signed by Judge D. P. Marshall Jr. on 2/24/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

RHEA DRUGSTORE, INC.,
Individually and on behalf
of all others similarly situated

No. 4:15-cv-54-DPM

v.

DEFENDANT

PRODIGY DIABETES CARE, LLC
ORDER

Yesterday, the Court got the attached letters from counsel. Requests for
relief should be made by motion on the docket. Construing the letter from
Prodigy's lawyer as a motion to extend, the Court denies the request without
prejudice. Prodigy may be in default. NQ 4 & 4-1; FED. R. CIV. P. 12(a). But that
issue, too, needs fleshing out on a briefed motion.
So Ordered.

D.P. Marshall Jr.
United States District Judge

;. If r<hvtvty
1

201;-

Lawrence A. Baratta,' Jr.

PARTNER

*Admitted in NC and GA, USPTO Registered

[e-mail]

February 23, 2015

VIA U.S. MAIL and EMAIL: [e-mail]
Judge D. P. Marshall Jr.
600 West Capitol Avenue, Room B149
Little Rock, AR 72201
501-604-5410
Courtroom B155

Re:
Case No.:

RHEA DRUGSTORE, INC. v. PRODIGY DIABETES CARE, LLC
4:15CV54-DPM

Dear Judge Marshall,
We have just been retained by Prodigy Diabetes Care, LLC in the above-referenced case, and are
in the process of obtaining local counsel. In the interim, we are writing to ask for an extension of
time to answer or otherwise respond to the Plaintiffs Complaint up to and including Friday, March
20, 2015. We need this additional time to review the Complaint and associated allegations and to
obtain local counsel. We have asked Plaintiffs counsel for consent, but have not heard back from
them.
Very Truly Yours,

cc:
James Allen Carney, Jr., John Charles Williams, and Joseph Henry Bates , III
Carney Bates & Pulliam, PLLC
11311 Arcade Drive, Suite 200
Little Rock, AR 72212
501-312-8500
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Via email only

1901 Roxborough Road. Suite 250, Charlotte, NC 28211 T 704.790.3600 F 704.366.9744 worldpatents.com

CARNEY-.. BATES -.. PULLIAM
Carney Bates & Pulliam PLLC

February 23, 2014
VIA EMAIL
Judge D. P. Marshall Jr.
600 West Capitol Avenue, Room B149
Little Rock, AR 72201
Re:

Rhea Drugstore, Inc. v. Prodigy Diabetes Care, LLC
No. 4:15-cv-54-DPM

Dear Judge Marshall:
We are in receipt of a letter to the Court dated today, February 23, 2015,
from Lawrence A. Baratta, Jr., counsel for Defendant in this matter, seeking an
extension to answer or otherwise respond to Plaintiff's Complaint. After
receiving the letter, we retrieved from email spam a message in which Mr.
Baratta requested Plaintiff's consent to an extension to answer the Complaint.
We had not previously seen this message, which arrived in spam on February 20,
2015, at 4:06 p.m.
Plaintiff respectfully objects to Defendant's request for an extension by
letter. Defendant is in default, as Defendant was required to answer or respond
by February 17, 2015. See R. 4, Affidavit of Service (attached). Accordingly, no
extension would be proper. Moreover, to the extent Defendant seeks relief from
this Court, it should seek such relief by motion after a reasonable attempt to meet
and confer with Plaintiff's counsel.
Sincerely,

Allen Camey
Attachment
cc:

Lawrence A. Baratta, Jr. (via email)
Christopher L. Bernard (via email)

www.CBPLaw.com

n311Arcade Drive, Suite 200, Little Rock, AR 72212
P· 501-312-8500 f. 501-312-8505 tf. 888-551-994'4

Case 4:15-cv-00054-DPM Document 4 Filed 02/03/15 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
RHEA DRUGSTORE, INC.,
individually and on behalf of
all others similarly situated,

v.

PLAINTIFF

CASE NO. 4=15-cv-00054-DPM

PRODIGY DIABETES CARE, LLC,

DEFENDANT
JURY TRIAL DEMANDED

AFFIDAVIT OF SERVICE
STATE OF ARKANSAS )
) SS.

COUNTY OF PULASKI )
Before the undersigned notary public, duly qualified and acting in and for
this county and state, appeared John C. Williams, to me well known to be the
affiant herein, who stated the following under oath:
1.

My name is John C. Williams. I am counsel for Plaintiff in this matter.

2.

On or about January 23, 2015, copies of the Complaint and Summons

herein were sent via certified mail, return receipt requested, to the registered agent
for service for the defendant herein.
3.

The defendant accepted service of the complaint in this matter on

January 27, 2015, as evidenced by the United States Postal Service Domestic
Return Receipt, a copy of which is attached hereto as Exhibit 1.

1

Case 4:15-cv-00054-DPM Document 4 Filed 02103115 Page 2 of 2

4.

The foregoing statements are true and correct to the best of my

knowledge, information and belief.
In witness whereof, I hereunto set my hand this 3.rd day of February, 2015.
Isl John C. Williams
'=--~---CARNEY BATES & PULLIAM, PLLC

11311 Arcade Drive, Suite 200
Little Rock, AR 72212
(501) 312·8500 · Telephone
(501) 312·8505 - Facsimile
jwilliams@cbpl~w.com

SUBSCRIBED AND SWORN to before me, a Notary Public duly qualified
and acting in the county and state aforesaid, this 3.rd day of February, 2015.

MY COMMISSION EXPIRES:

.
e

JEANNE GRAY
No. 12390889
PULASKI COUNTY

My CommiHlon Explr11 H ·8·2022

2

Case 4:15-cv-00054-DPM Document 4-1 Filed 02/03/15 Page 1of2

EXHIBIT 1

Case 4:15-cv-00054-DPM Document 4-1 Filed 02/03/15 Page 2 of 2

SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can retum the card to you.
• Attach this card to the back of the mailplece,
or on the front if space permits.

1. Article Addressed to:

Rnclrew S. 0' Hara
c!)-;rOl-A /-Jufchinson
rn ct)o~ltt Rel·
Charlrttl, NC Jg~to~l 4J16
.
,

A. Sig!l)Jture

x

D Agent

6

CJ Addressee
C. Date
I

(<.,1

,f

Delivery

/£,_.

D. Is delivery address different from Item 17 CJ Yes
If YES, enter delivery address below:
CJ No

a.

~vice Type
51'Certlfled Mall
CJ Registered
D Insured Mail

0

Express Mall

D Return Receipt for Merchandise

D

C.O.D.

4. Restricted Delivery? (Extra Fee)

es

..

2. Article Number
(Transfer from service I

PS Form

3811, February 2004

7005 1820 0001 4126 4542
Domestic Return Receipt

102595-02-M-1540