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Case number 5:20-cv-03613

Aperture Net LLC v. Opengear, Inc. et al > Documents

Date Field Doc. No.Description (Pages)
Feb 24, 2021 58 Order Dismissing Case (1)
Docket Text:ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Susan van Keulen on 2/24/2021. (svklc2S, COURT STAFF) (Filed on 2/24/2021)
Feb 23, 2021 57 Proposed Order (1)
Feb 23, 2021 57 Main Document (2)
Docket Text: NOTICE of Voluntary Dismissal with Prejudice by Aperture Net LLC (Attachments: # (1) Proposed Order)(Anderson, Kirk) (Filed on 2/23/2021)
Feb 1, 2021 56 Order on Motion for Protective Order (22)
Docket Text:ORDER by Judge Susan van Keulen granting as modified [55] Motion for Protective Order. (svklc2S, COURT STAFF) (Filed on 2/1/2021)
Jan 29, 2021 55 Motion for Protective Order (22)
Docket Text: Consent MOTION for Protective Order filed by Aperture Net LLC. Responses due by 2/12/2021. Replies due by 2/19/2021. (Anderson, Kirk) (Filed on 1/29/2021)
Jan 15, 2021 54 Exhibit A - Certificate of Service (2)
Jan 15, 2021 54 Main Document (2)
Docket Text: NOTICE by Digi International, Inc., Opengear, Inc. re [52] Case Management Scheduling Order, Set Deadlines/Hearings / Notice of Service of Defendants' Initial Disclosures (Attachments: # (1) Exhibit A - Certificate of Service)(Aly, Amr) (Filed on 1/15/2021)
Jan 15, 2021 53 Notice of Substitution of Counsel (2)
Docket Text: NOTICE of Substitution of Counsel by Nick Gregory Saros (Saros, Nick) (Filed on 1/15/2021)
Jan 8, 2021 52 Case Management Scheduling Order (13)
Docket Text:JOINT CASE MANAGEMENT STATEMENT AND ORDER AS MODIFIED BY THE COURT. Signed by Judge Susan van Keulen on 1/8/21.
The Case Management Conference on 1/12/21 is taken off calendar.

(jhfS, COURT STAFF) (Filed on 1/8/2021)

Jan 5, 2021 51 Report of Rule 26(f) Planning Meeting (13)
Docket Text: REPORT of Rule 26(f) Planning Meeting . (Anderson, Kirk) (Filed on 1/5/2021)
Dec 23, 2020 50 Answer to Amended Complaint (10)
Docket Text: Answer to Amended Complaint / Defendants Opengear, Inc. and Digi International, Inc.'s Answer and Defenses to the First Amended Complaint byDigi International, Inc., Opengear, Inc.. (Aly, Amr) (Filed on 12/23/2020)
Dec 14, 2020 N/A Util - Teleconference Zoom (0)
Docket Text:ZOOM APPEARANCE INSTRUCTIONS FOR 1/12/21 FURTHER CASE MANAGMENT CONFERENCE.
This proceeding will be held via a Zoom webinar.

Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/svk

General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.

Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/.

(jhfS, COURT STAFF) (Filed on 12/14/2020)
Dec 10, 2020 49 Order on Motion to Dismiss (7)
Docket Text:ORDER by Judge Susan van Keulen granting in part and denying in part [28] Motion to Dismiss Plaintiff's First Amended Complaint. Defendants' Answer due 12/24/2020. Case Management Statement due by 1/5/2021. Further Case Management Conference set for 1/12/2021 09:30 AM in San Jose, Videoconference Only. (svklc2S, COURT STAFF) (Filed on 12/10/2020)
Nov 10, 2020 N/A Motion Hearing (0)
Docket Text:Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Motion to Dismiss Hearing held on 11/10/2020 via Zoom.
The Court takes the matter under submission.

Total Time in Court: 10:52am-12:09pm (1 hour, 17 minutes).
Court Reporter: Irene Rodriquez via Zoom.
Plaintiff Attorney: Kirk Anderson via Zoom.
Defendant Attorney: Amr Aly and Amit Patel via Zoom.

(This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Date Filed: 11/10/2020)

Nov 10, 2020 47 Notice (Other) (8)
Docket Text: NOTICE by Aperture Net LLC re [38] Opposition/Response to Motion, Plaintiff's Presentation Slides (Anderson, Kirk) (Filed on 11/10/2020)
Nov 10, 2020 46 Notice (Other) (30)
Docket Text: NOTICE by Digi International, Inc., Opengear, Inc. re [28] MOTION to Dismiss /Defendants' Notice of Motion and Motion to Dismiss the First Amended Complaint/ Defendants' Hearing Presentation (Aly, Amr) (Filed on 11/10/2020)
Nov 2, 2020 45 Order (1)
Docket Text:ORDER re Oral Argument. Signed by Judge Susan van Keulen on 11/2/2020. (svklc2S, COURT STAFF) (Filed on 11/2/2020)
Oct 19, 2020 N/A Clerk's Notice (0)
Docket Text:CLERK'S NOTICE: SETTING OF MOTION TO DISMISS ON 11/10/20 AT 10AM.
Motion To Dismiss Hearing set for 11/10/2020 10:00 AM before Magistrate Judge Susan van Keulen.
This proceeding will be held via a Zoom webinar.

Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/svk

General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.

Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/.

(This is a text-only entry generated by the court. There is no document associated with this entry.).(jhfS, COURT STAFF) (Filed on 10/19/2020)
Oct 9, 2020 43 Exhibit A (19)
Oct 9, 2020 43 Main Document (3)
Docket Text: NOTICE by Digi International, Inc., Opengear, Inc. re [28] MOTION to Dismiss /Defendants' Notice of Motion and Motion to Dismiss the First Amended Complaint/Request for Oral Argument on Defendants' Motion to Dismiss the First Amended Complaint (Attachments: # (1) Exhibit A)(Aly, Amr) (Filed on 10/9/2020)
Oct 8, 2020 42 Exhibit A (22)
Oct 8, 2020 42 Main Document (12)
Docket Text: REPLY (re [28] MOTION to Dismiss /Defendants' Notice of Motion and Motion to Dismiss the First Amended Complaint ) filed byDigi International, Inc., Opengear, Inc.. (Attachments: # (1) Exhibit A)(Aly, Amr) (Filed on 10/8/2020)
Oct 6, 2020 41 Transcript Order (2)
Docket Text: TRANSCRIPT ORDER for proceedings held on 9/1/2020 before Magistrate Judge Susan van Keulen by Aperture Net LLC, for Court Reporter Lee-Anne Shortridge. (Anderson, Kirk) (Filed on 10/6/2020)
Oct 2, 2020 40 Order (1)
Docket Text:ORDER Granting Withdrawal of Plaintiff's Patent L.R. 3-1 & 3-2 Disclosures re [35] Order, [34] Notice. (svklc2S, COURT STAFF) (Filed on 10/2/2020)
Sep 29, 2020 39 Transcript (18)
Docket Text: Transcript of Proceedings held on 9-1-20, before Judge Susan van Keulen. Court Reporter Lee-Anne Shortridge, telephone number e-mail: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re [32] Transcript Order ) Release of Transcript Restriction set for 12/28/2020. (Related documents(s) [32]) (lasS, COURT STAFF) (Filed on 9/29/2020)
Sep 24, 2020 38 Proposed Order (1)
Sep 24, 2020 36 Proposed Order (1)
Sep 24, 2020 38 Declaration (4)
Sep 24, 2020 38 Exhibit (2)
Sep 24, 2020 38 Exhibit (2)
Sep 24, 2020 38 Exhibit (20)
Sep 24, 2020 38 Exhibit (2)
Sep 24, 2020 38 Main Document (18)
Docket Text: OPPOSITION/RESPONSE (re [28] MOTION to Dismiss /Defendants' Notice of Motion and Motion to Dismiss the First Amended Complaint ) filed byAperture Net LLC. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Declaration, # (6) Proposed Order)(Anderson, Kirk) (Filed on 9/24/2020)
Sep 24, 2020 37 Order on Motion for Extension of Time to File Response/Reply (1)
Docket Text:ORDER GRANTING REQUEST TO CHANGE TIME AS MODIFIED BY THE COURT JURY TRIAL DEMANDED by Judge Susan van Keulen granting as modified [36] Second MOTION for Extension of Time to File Response/Reply as to [28] the First Amended Complaint.
Replies due by 10/8/2020.

(jhfS, COURT STAFF) (Filed on 9/24/2020)

Sep 24, 2020 36 Main Document (3)
Docket Text: Second MOTION for Extension of Time to File Response/Reply as to [28] MOTION to Dismiss /Defendants' Notice of Motion and Motion to Dismiss the First Amended Complaint filed by Aperture Net LLC. (Attachments: # (1) Proposed Order)(Anderson, Kirk) (Filed on 9/24/2020)
Sep 23, 2020 N/A Set Deadlines/Hearings (0)
Docket Text: Set Deadlines/Hearings: Motion Hearing set for 10/13/2020 10:00 AM before Magistrate Judge Susan van Keulen. (jhfS, COURT STAFF) (Filed on 9/23/2020)
Sep 23, 2020 35 Order (1)
Docket Text:ORDER re [34] Notice of Withdrawal of Patent L.R. 3-1 and 3-2 Disclosures filed by Aperture Net LLC. (svklc2S, COURT STAFF) (Filed on 9/23/2020)
Sep 22, 2020 34 Notice (Other) (2)
Docket Text: NOTICE by Aperture Net LLC re [30] Notice (Other) of Withdrawal of Patent Disclosures (Anderson, Kirk) (Filed on 9/22/2020)
Sep 17, 2020 33 Order on Motion for Extension of Time to File Response/Reply (1)
Docket Text:ORDER by Judge Susan van Keulen granting [31] Motion for Extension of Time to File Response/Reply as modified by the Court. Responses due by 9/24/2020. Replies due by 10/1/2020. (svklc2S, COURT STAFF) (Filed on 9/17/2020)
Sep 16, 2020 31 Proposed Order (1)
Sep 16, 2020 32 Transcript Order (2)
Docket Text: TRANSCRIPT ORDER for proceedings held on September 1, 2020 before Magistrate Judge Susan van Keulen by Digi International, Inc., Opengear, Inc., for Court Reporter Lee-Anne Shortridge. (Aly, Amr) (Filed on 9/16/2020)
Sep 16, 2020 31 Main Document (3)
Docket Text: First MOTION for Extension of Time to File Response/Reply as to [28] MOTION to Dismiss /Defendants' Notice of Motion and Motion to Dismiss the First Amended Complaint filed by Aperture Net LLC. (Attachments: # (1) Proposed Order)(Anderson, Kirk) (Filed on 9/16/2020)
Sep 15, 2020 29 Main Document (2)
Docket Text: NOTICE by Digi International, Inc., Opengear, Inc. re [27] Case Management Scheduling Order /Notice of Service of Defendants' Initial Disclosures (Attachments: # (1) Exhibit A - Certificate of Service)(Aly, Amr) (Filed on 9/15/2020)
Sep 15, 2020 29 Exhibit A - Certificate of Service (2)
Sep 15, 2020 30 Notice (Other) (2)
Docket Text: NOTICE by Aperture Net LLC of Compliance with Court Order (Anderson, Kirk) (Filed on 9/15/2020)
Sep 3, 2020 28 Main Document (18)
Docket Text: MOTION to Dismiss /Defendants' Notice of Motion and Motion to Dismiss the First Amended Complaint filed by Digi International, Inc., Opengear, Inc.. Motion Hearing set for 10/13/2020 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 9/17/2020. Replies due by 9/24/2020. (Attachments: # (1) Proposed Order Granting Defendants' Motion to Dismiss)(Aly, Amr) (Filed on 9/3/2020)
Sep 3, 2020 28 Proposed Order Granting Defendants' Motion to Dismiss (1)
Sep 1, 2020 N/A Case Management Conference - Initial (0)
Docket Text:Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Initial Case Management Conference held on 9/1/2020.
CMO to issue.

Total Time in Court: 9:30-9:54am (24 mins).
Court Reporter: Lee-Anne Shortridge via Zoom.
Plaintiff Attorney: Kirk Anderson via Zoom.
Defendant Attorney: Amr Aly via Zoom.

(This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Date Filed: 9/1/2020)

Sep 1, 2020 27 Case Management Scheduling Order (1)
Docket Text:CASE MANAGEMENT ORDER. Signed by Judge Susan van Keulen on 9/1/2020. (svklc2S, COURT STAFF) (Filed on 9/1/2020)
Aug 31, 2020 25 Notice of Pendency of Other Action Involving Same Patent (3)
Docket Text: NOTICE of Pendency of Other Action Involving Same Patent by Aperture Net LLC (Anderson, Kirk) (Filed on 8/31/2020)
Aug 25, 2020 N/A Util - Teleconference Zoom (0)
Docket Text:ZOOM APPEARANCE INSTRUCTIONS FOR INITIAL CASE MANAGEMENT HEARING ON 9/1/20 AT 9:30AM
This proceeding will be held via a Zoom webinar.

Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/svk

General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.

Zoom Guidance and Setup:https://www.cand.uscourts.gov/zoom/.

(jhfS, COURT STAFF) (Filed on 8/25/2020)
Aug 25, 2020 24 Joint Case Management Statement (13)
Docket Text: JOINT CASE MANAGEMENT STATEMENT filed by Aperture Net LLC. (Anderson, Kirk) (Filed on 8/25/2020)
Aug 20, 2020 23 Complaint* (1)
Aug 20, 2020 23 Exhibit (56)
Aug 20, 2020 23 Exhibit (61)
Aug 20, 2020 23 Exhibit (44)
Aug 20, 2020 23 Exhibit (14)
Aug 20, 2020 23 Main Document (6)
Docket Text: AMENDED COMPLAINT for Patent Infringement against All Defendants. Filed byAperture Net LLC. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit)(Anderson, Kirk) (Filed on 8/20/2020)
Aug 11, 2020 22 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options (1)
Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Anderson, Kirk) (Filed on 8/11/2020)
Aug 11, 2020 21 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options (1)
Docket Text: ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by parties and counsel (Aly, Amr) (Filed on 8/11/2020)
Aug 7, 2020 20 Order on Motion for Pro Hac Vice (1)
Docket Text:ORDER GRANTING [18] APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Susan van Keulen on 08/07/2020. (svklc2S, COURT STAFF) (Filed on 8/7/2020)
Aug 7, 2020 19 Order on Motion for Pro Hac Vice (1)
Docket Text:ORDER GRANTING [17] APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Susan van Keulen on 08/07/2020. (svklc2S, COURT STAFF) (Filed on 8/7/2020)
Aug 7, 2020 18 Certificate of Good Standing (1)
Aug 7, 2020 18 Main Document (1)
Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14788599.) filed by Digi International, Inc., Opengear, Inc.. (Attachments: # (1) Certificate of Good Standing)(Patel, Amit) (Filed on 8/7/2020)
Aug 7, 2020 17 Certificate of Good Standing (1)
Aug 7, 2020 17 Main Document (1)
Docket Text: MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14788262.) filed by Digi International, Inc., Opengear, Inc.. (Attachments: # (1) Certificate of Good Standing)(Aly, Amr) (Filed on 8/7/2020)
Aug 5, 2020 16 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by Christopher James Rillo (Rillo, Christopher) (Filed on 8/5/2020)
Aug 5, 2020 15 Consent/Declination to Proceed Before a US Magistrate Judge (2)
Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Digi International, Inc., Opengear, Inc... (Rillo, Christopher) (Filed on 8/5/2020)
Aug 5, 2020 14 Proposed Order (1)
Aug 5, 2020 14 Main Document (14)
Docket Text: MOTION to Dismiss /Defendants Opengear, Inc. and Digi International, Inc.'s Notice of Motion and Motion to Dismiss the Complaint filed by Digi International, Inc., Opengear, Inc.. Motion Hearing set for 9/15/2020 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Responses due by 8/19/2020. Replies due by 8/26/2020. (Attachments: # (1) Proposed Order)(Rillo, Christopher) (Filed on 8/5/2020)
Aug 5, 2020 13 Certificate of Interested Entities (2)
Docket Text: Corporate Disclosure Statement by Digi International, Inc., Opengear, Inc. identifying Corporate Parent Digi International, Inc. for Opengear, Inc.. (Rillo, Christopher) (Filed on 8/5/2020)
Jun 29, 2020 12 Consent/Declination to Proceed Before a US Magistrate Judge (2)
Docket Text: CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Aperture Net LLC.. (Anderson, Kirk) (Filed on 6/29/2020)
Jun 24, 2020 11 Stipulation (2)
Docket Text: STIPULATION to Extend Time to Answer Complaint filed by Aperture Net LLC. (Anderson, Kirk) (Filed on 6/24/2020)
Jun 15, 2020 N/A Clerk's Notice re: Consent or Declination (0)
Docket Text:CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge.
Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms.
Consent/Declination due by 6/29/2020.
(This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 6/15/2020)
Jun 1, 2020 9 Summons Issued (2)
Docket Text: Summons Issued as to Digi International, Inc.. (cv, COURT STAFF) (Filed on 6/1/2020)
Jun 1, 2020 8 Summons Issued (2)
Docket Text: Summons Issued as to Opengear, Inc.. (cv, COURT STAFF) (Filed on 6/1/2020)
Jun 1, 2020 7 Initial Case Management Scheduling Order with ADR Deadlines (2)
Docket Text:Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/25/2020. Initial Case Management Conference set for 9/1/20 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 6/1/2020) Modified on 6/2/2020 (cv, COURT STAFF).
May 29, 2020 N/A Case Assigned by Intake (0)
Docket Text: Case assigned to Magistrate Judge Susan van Keulen.

Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.

Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/12/2020. (bwS, COURT STAFF) (Filed on 5/29/2020)

May 29, 2020 5 Certificate of Interested Entities (2)
Docket Text: Rule 7.1 Disclosures by Aperture Net LLC (Anderson, Kirk) (Filed on 5/29/2020)
May 29, 2020 4 Patent/Trademark Report (1)
Docket Text: REPORT on the filing or determination of an action regarding Patent (cc: form mailed to register). (Anderson, Kirk) (Filed on 5/29/2020)
May 29, 2020 3 Proposed Summons (2)
Docket Text: Proposed Summons. (Anderson, Kirk) (Filed on 5/29/2020)
May 29, 2020 2 Proposed Summons (2)
Docket Text: Proposed Summons. (Anderson, Kirk) (Filed on 5/29/2020)
May 29, 2020 1 Civil Cover Sheet (2)
May 29, 2020 1 Exhibit (61)
May 29, 2020 1 Exhibit (14)
May 29, 2020 1 Complaint* (1)
May 29, 2020 1 Main Document (6)
Docket Text: COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400, receipt number 0971-14520902.). Filed byAperture Net LLC. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Civil Cover Sheet)(Anderson, Kirk) (Filed on 5/29/2020)
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