Case number 1:21-cv-00534
BearBox LLC et al v. Lancium LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 5, 2023 | 279 | NOTICE of (Plaintiffs' Notice of Supplemental Authority in connection with Opposition to Defendants' Motion for Fees and Expenses (D.I. 269)) by BearBox LLC, Austin Storms (Attachments: # 1 Ex. A [Federal Circuit opinion])(Mayo, Andrew) (Entered: 06/05/2023) (0) |
| May 24, 2023 | 278 | ORAL ORDER: Having reviewed Defendants' request for oral argument on their Motion for Fees and Expenses (D.I. 269), IT IS HEREBY ORDERED that an oral argument is scheduled for Thursday, June 8, 2023 at 1:00 p.m. in Courtroom 6B. Each side will be allocated up to thirty (30) minutes to present its argument. The parties shall provide the Court with electronic and hard copies of any presentation slides to be used during the oral argument by 2:00 p.m. on June 7, 2023. ORDERED by Judge Gregory B. Williams on 5/24/23. (ntl) (Entered: 05/24/2023) (0) |
| May 22, 2023 | 277 | NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re 274 Notice of Appeal (Federal Circuit) filed by BearBox LLC, Austin Storms. USCA Case Number 2023-1922. (ntl) (Entered: 05/23/2023) (4) |
| May 17, 2023 | 276 | REQUEST for Oral Argument by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara re 269 MOTION for Attorney Fees and Expenses. (Stover, Chad) (Entered: 05/17/2023) (2) |
| May 10, 2023 | 275 | REPLY BRIEF re 269 MOTION for Attorney Fees and Expenses filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # 1 Exhibit 7)(Stover, Chad) (Entered: 05/10/2023) (0) |
| May 4, 2023 | 274 | Notice of Appeal* (1) |
| May 3, 2023 | 273 | ANSWERING BRIEF in Opposition re 269 MOTION for Attorney Fees and Expenses filed by BearBox LLC, Austin Storms.Reply Brief due date per Local Rules is 5/10/2023. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Mayo, Andrew) (Main Document 273 replaced on 5/4/2023) (apk). (Entered: 05/03/2023) (0) |
| May 1, 2023 | 272 | REDACTED VERSION of 270 Opening Brief in Support, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) (Entered: 05/01/2023) (26) |
| Apr 19, 2023 | 269 | MOTION for Attorney Fees and Expenses - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Stover, Chad) (Entered: 04/19/2023) (0) |
| Apr 19, 2023 | 270 | [SEALED] OPENING BRIEF in Support re 269 MOTION for Attorney Fees and Expenses filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.Answering Brief/Response due date per Local Rules is 5/3/2023. (Attachments: # 1 Certificate of Service)(Stover, Chad) (Entered: 04/19/2023) (0) |
| Apr 19, 2023 | 271 | DECLARATION re 270 Opening Brief in Support, 269 MOTION for Attorney Fees and Expenses // Declaration of Adam Kaufmann by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Stover, Chad) (Entered: 04/19/2023) (0) |
| Apr 5, 2023 | 267 | FINAL JUDGMENT in favor of Defendants and against Plaintiffs (See Judgment for further details) (CASE CLOSED). Signed by Judge Gregory B. Williams on 4/5/23. (ntl) (Entered: 04/05/2023) (3) |
| Apr 5, 2023 | 268 | Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 04/05/2023) (4) |
| Mar 29, 2023 | 266 | Letter to The Honorable Gregory B. Williams from Chad S.C. Stover regarding no objections by Defendants to the Proposed Final Judgment filed on March 27, 2023 - re 264 Proposed Consent Judgment, 265 Order,,,. (Stover, Chad) (Entered: 03/29/2023) (1) |
| Mar 28, 2023 | 265 | ORAL ORDER: IT IS HEREBY ORDERED that, by no later than April 3, 2023, Defendants shall file a letter with the Court indicating whether they oppose entry of the [Proposed] Final Judgment (D.I. 264). If Defendants oppose any of the specific language of the [Proposed] Final Judgment, Defendants should meet and confer with Plaintiffs in attempt to resolve any disagreements and, by no later than April 3, 2023, the parties should submit a joint [Proposed] Final Judgment that identifies any remaining disagreements on specific language and includes each side's respective proposed language. The Court will resolve any remaining disagreements on proposed specific language before entering the Final Judgment. ORDERED by Judge Gregory B. Williams on 3/28/23. (ntl) (Entered: 03/28/2023) (0) |
| Mar 27, 2023 | 264 | PROPOSED CONSENT JUDGMENT (Proposed Final Judgment) by BearBox LLC, Austin Storms. (Mayo, Andrew) (Entered: 03/27/2023) (3) |
| Mar 6, 2023 | 262 | OPINION regarding bench trial -- The Court finds that Plaintiffs have not met their burdens to establish their sole and/or joint inventorship claims. Accordingly, the Court will enter judgment in favor of Defendants. Signed by Judge Gregory B. Williams on 3/6/23. (ntl) (Entered: 03/06/2023) (59) |
| Mar 6, 2023 | 263 | ORDER re 262 Opinion -- The parties shall submit, by no later than March 27, 2023, a proposed order by which the Court may enter final judgment consistent with the Opinion issued this day. Signed by Judge Gregory B. Williams on 3/6/23. (ntl) (Entered: 03/06/2023) (1) |
| Feb 8, 2023 | 261 | POST TRIAL BRIEF // Sur-Reply by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # 1 Exhibit 1)(Stover, Chad) (Entered: 02/08/2023) (0) |
| Feb 1, 2023 | 260 | POST TRIAL BRIEF (Reply) by BearBox LLC, Austin Storms. (Attachments: # 1 Exhibit A)(Mayo, Andrew) (Entered: 02/01/2023) (0) |
| Jan 25, 2023 | 258 | POST TRIAL BRIEF (Response) by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) (Entered: 01/25/2023) (29) |
| Jan 25, 2023 | 259 | Proposed Findings of Fact by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) (Entered: 01/25/2023) (30) |
| Jan 11, 2023 | 256 | POST TRIAL BRIEF by BearBox LLC, Austin Storms. (Mayo, Andrew) (Entered: 01/11/2023) (27) |
| Jan 11, 2023 | 257 | Proposed Findings of Fact by BearBox LLC, Austin Storms. (Mayo, Andrew) (Entered: 01/11/2023) (30) |
| Dec 7, 2022 | 254 | Letter to The Honorable Gregory B. Williams from Andrew C. Mayo regarding Plaintiffs' Citations in Response to Defendants' Objections to Dr. McClellan's Demonstrative Slides. (Mayo, Andrew) (Entered: 12/07/2022) (30) |
| Dec 7, 2022 | 255 | Letter to The Honorable Gregory B. Williams from Chad S.C. Stover regarding response to Plaintiffs' December 7, 2022 letter re: Dr. McClellan's supplemental expert report - re 254 Letter. (Stover, Chad) (Entered: 12/07/2022) (12) |
| Dec 2, 2022 | 252 | Official Transcript of Pretrial Conference held on 11.29.2022 before Judge Gregory B. Williams. Court Reporter/Transcriber Michele Rolfe,Email: michele_rolfe@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/27/2022. Redacted Transcript Deadline set for 1/3/2023. Release of Transcript Restriction set for 3/2/2023. (Rolfe, Michele) (Entered: 12/02/2022) (23) |
| Dec 2, 2022 | 253 | [SEALED] Letter to The Honorable Gregory B. Williams from Andrew C. Mayo regarding revised trial exhibit list. (Attachments: # 1 Exhibit 1 - PTX201, # 2 Exhibit 2 - PTX922, # 3 Exhibit 3 - Revised Trial Exhibit List)(Mayo, Andrew) (Entered: 12/02/2022) (0) |
| Nov 29, 2022 | 250 | ORDER regarding the parties' motions in limine. Signed by Judge Gregory B. Williams on 11/29/22. (ntl) (Entered: 11/29/2022) (2) |
| Nov 29, 2022 | 251 | Letter to The Honorable Gregory B. Williams from Andrew C. Mayo regarding redactions to November 23, 2022 sealed memorandum order. (Mayo, Andrew) (Entered: 11/29/2022) (1) |
| Nov 28, 2022 | 248 | NOTICE of Appearance by William J. Burton on behalf of Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara (Burton, William) (Entered: 11/28/2022) (2) |
| Nov 28, 2022 | 249 | REDACTED VERSION of 243 Letter by BearBox LLC, Austin Storms. (Mayo, Andrew) (Entered: 11/28/2022) (1) |
| Nov 23, 2022 | 247 | MEMORANDUM ORDER re 236 MOTION to Strike Emergency Motion to Strike the Supplemental Expert Report of Plaintiffs' Expert, Dr. McClellan, and Motion to Expedite Briefing on the Same - filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. Signed by Judge Gregory B. Williams on 11/23/2022.This order has been emailed to local counsel. (etg) Modified on 11/30/2022 (ntl). (Main Document 247 replaced on 11/30/2022) (ntl). (Entered: 11/23/2022) (6) |
| Nov 22, 2022 | 244 | REDACTED VERSION of 223 Opening Brief in Support, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) (Entered: 11/22/2022) (15) |
| Nov 22, 2022 | 245 | REDACTED VERSION of 227 Reply Brief by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) (Entered: 11/22/2022) (3) |
| Nov 22, 2022 | 246 | REDACTED VERSION of 237 Letter,, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Stover, Chad) (Entered: 11/22/2022) (0) |
| Nov 21, 2022 | 243 | [SEALED] Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding November 14, 2022 Oral Order. (Mayo, Andrew) (Entered: 11/21/2022) (0) |
| Nov 20, 2022 | 242 | Letter to The Honorable Gregory B. Williams from Chad S.C. Stover regarding Reply in Support of Defendants' Emergency Motion to Stike Plaintiffs' Newly Disclosed, Untimely Expert Report and Request for Expedited Briefing - re 241 Letter, 237 Letter,,. (Stover, Chad) (Entered: 11/20/2022) (4) |
| Nov 18, 2022 | 241 | [SEALED] Letter to The Honorable Gregory B. Williams from Andrew C. Mayo regarding response to defendants' motion to strike. (Attachments: # 1 Exhibit A-K)(Mayo, Andrew) (Entered: 11/18/2022) (0) |
| Nov 17, 2022 | 240 | ORAL ORDER: IT IS HEREBY ORDERED that the pretrial conference is rescheduled to November 29, 2022, to begin at 3:00 PM in Courtroom 6B. ORDERED by Judge Gregory B. Williams on 11/17/22. (ntl) (Entered: 11/17/2022) (0) |
| Nov 15, 2022 | 234 | MEMORANDUM OPINION re 152 motion to exclude certain testimony of Dr. Mark Ehsani. Signed by Judge Gregory B. Williams on 11/15/22. (ntl) (Main Document replaced and docket text updated on 1/12/2023) (etg). (Entered: 11/15/2022) (8) |
| Nov 15, 2022 | 235 | ORDER re 234 Memorandum Opinion -- 152 MOTION to Preclude Certain Testimony of Dr. Mark Ehsani filed by BearBox LLC, Austin Storms is GRANTED-IN-PART and DENIED-IN-PART. Signed by Judge Gregory B. Williams on 11/15/22. (ntl) (Entered: 11/15/2022) (1) |
| Nov 15, 2022 | 236 | MOTION to Strike Emergency Motion to Strike the Supplemental Expert Report of Plaintiffs' Expert, Dr. McClellan, and Motion to Expedite Briefing on the Same - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. Motions referred to Christopher J. Burke.(Stover, Chad) (Entered: 11/15/2022) (2) |
| Nov 15, 2022 | 237 | [SEALED] Letter to The Honorable Gregory B. Williams from Chad S.C. Stover regarding Defendants' Opening Letter Brief in Support of its Emergency Motion to Stike Plaintffs' Newly Disclosed, Untimely Expert Report and Request for Expedited Briefing - re 236 MOTION to Strike Emergency Motion to Strike the Supplemental Expert Report of Plaintiffs' Expert, Dr. McClellan, and Motion to Expedite Briefing on the Same. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Certificate of Service)(Stover, Chad) (Entered: 11/15/2022) (0) |
| Nov 15, 2022 | 238 | ORAL ORDER: Having reviewed Defendants' Motion for Expedited Briefing on their Emergency Motion to Strike (D.I. 236; D.I. 237), IT IS HEREBY ORDERED that not later than seventy-two (72) hours from the entry of this Order, Plaintiffs shall file their answering brief addressing Defendants' Motion. IT IS FURTHER ORDERED that not later than forty-eight (48) hours thereafter, Defendants must file their reply brief responding to Plaintiffs' Response. The letter briefing shall be consistent with Judge Williams' scheduling order for letter briefing related to motions to strike. ORDERED by Judge Gregory B. Williams on 11/15/22. (ntl) Modified on 11/15/2022 (ntl). (Entered: 11/15/2022) (0) |
| Nov 15, 2022 | 239 | [SEALED] Proposed Pretrial Order by BearBox LLC, Austin Storms. (Attachments: # 1 Exhibit 1-13)(Mayo, Andrew) (Entered: 11/15/2022) (0) |
| Nov 14, 2022 | 231 | Order (2) Docket Text: ORDER re [230] Memorandum Opinion -- 1. Lancium's First Motion for Summary Judgment (DJ. 148) is GRANTED-IN PART and DENIED-IN-PART; 2. Count V of BearBox's Second Amended Complaint (DJ. 103) is DISMISSED WITH PREJUDICE; 3. Lancium's Second Motion for Summary Judgment Regarding Damages and Motion to Exclude Opinions of David Duski (DJ. 167) is DENIED AS MOOT; and 4. Lancium's Motion to Bifurcate BearBox's Patent Inventorship Claims from the Conversion Claims (DJ. 222) is DENIED AS MOOT. Signed by Judge Gregory B. Williams on 11/14/22. (ntl) |
| Nov 14, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: Having determined that the only issue remaining for the Court to hear is Plaintiffs' claims of sole inventorship, or, alternatively, joint inventorship (D.I. 231), and since inventorship is an issue solely for the Court to determine, see, e.g., 35 U.S.C. § 256; Shum v. Intel Corp., 499 F.3d 1272, 1277 (Fed. Cir. 2007) (holding that "an action for correction of inventorship under § 256, standing alone, is an equitable claim to which no right to a jury trial attaches"), IT IS HEREBY ORDERED that the 4-day jury trial scheduled to begin on December 5, 2022 (D.I. 35 at 15) is now scheduled as a 3-day bench trial beginning on Tuesday, December 6, 2022. The pretrial conference will be held on November 22, 2022, to begin at 3:00 PM (rather than at 4:30 PM). ORDERED by Judge Gregory B. Williams on 11/14/22. (ntl) |
| Nov 14, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' "Motion for Disclosure of Third-Party Litigation Funding Arrangements" (the "Motion"), (D.I. [214]), hereby ORDERS as follows: The Court's Order here does not intend to address whether disclosure of third-party litigation funding arrangements should or should not, as a general matter, be required at the outset of most or all civil cases in this District. Instead, it focuses solely on the unique facts and circumstances at play in this case (wherein no such disclosure order had previously been entered by the Court). In light of the particular record at issue here, the Court DENIES Defendants' Motion (with one exception, set out below), for the following reasons.; (1) It does not appear that Defendants' request -- i.e., that Plaintiffs disclose certain information relating to all third-party funders for this litigation (the "requested information") -- is relevant to any claims or defenses at issue in the case. Although Defendants briefly suggested that the requested information might be relevant to standing, (D.I. 214 at 3), Plaintiffs noted in response that they are not enforcing a patent in this lawsuit, but instead seeking to correct inventorship of a patent, (D.I. 224 at 2). The Court does not see how, in those circumstances, there could be a standing issue at play here.; (2) Even if the requested information was somehow relevant to a claim or defense in this litigation, the Motion appears to be very untimely. The deposition at which Defendants learned that an entity known as Great American Mining has paid for certain costs and fees incurred in this litigation occurred in February 2022. Yet Defendants did not file the Motion until October 2022. (See D.I. 224 at 1) Defendants provide no explanation as to why they did not file the Motion earlier. Nor is it clear why Defendants did not ask further questions during the deposition (wherein they learned of the identity of the third-party funder) in order to obtain the additional information that they now belatedly seek. While Defendants vaguely suggest that the requested information is needed to "promote efficiency," (D.I. 227 at 1), it is not efficient to be making untimely requests for discovery-related information on the eve of trial.; (3) Lastly, Defendants argue that the requested information is "crucial to ensuring that this Court can remain clear of any conflicts." (D.I. 214 at 3; see also D.I. 227 at 1) To be sure, the Court has a real interest in doing what it can to reasonably assess any potential conflict of interest that might be present in a litigation matter. But the Court is now aware of the identity of the entity (i.e., Great American Mining) that has paid for certain of Plaintiffs' costs and fees incurred in this litigation. The Court is aware of no conflict that it has in light of this entity's involvement. And it is not clear to the Court how any of the requested information would be needed for it or the District Judge to be able to make this conflict-related assessment as to Great American Mining.; and (4) The Court assumes that, in light of the tenor of Plaintiffs' answering brief, there is no other entity (other than Great American Mining) that is serving as a third-party funder in this case. But just to ensure that the Court is understanding the record correctly, by no later than November 21, 2022, the Court ORDERS that Plaintiffs shall submit a letter confirming that there are no other third-party funders (or, if there are, listing them). Ordered by Judge Christopher J. Burke on 11/14/2022. (mlc) |
| Nov 14, 2022 | 232 | ORAL ORDER: Having determined that the only issue remaining for the Court to hear is Plaintiffs' claims of sole inventorship, or, alternatively, joint inventorship (D.I. 231), and since inventorship is an issue solely for the Court to determine, see, e.g., 35 U.S.C. § 256; Shum v. Intel Corp., 499 F.3d 1272, 1277 (Fed. Cir. 2007) (holding that "an action for correction of inventorship under § 256, standing alone, is an equitable claim to which no right to a jury trial attaches"), IT IS HEREBY ORDERED that the 4-day jury trial scheduled to begin on December 5, 2022 (D.I. 35 at 15) is now scheduled as a 3-day bench trial beginning on Tuesday, December 6, 2022. The pretrial conference will be held on November 22, 2022, to begin at 3:00 PM (rather than at 4:30 PM). ORDERED by Judge Gregory B. Williams on 11/14/22. (ntl) (Entered: 11/14/2022) (0) |
| Nov 14, 2022 | 233 | ORAL ORDER: The Court, having reviewed Defendants' "Motion for Disclosure of Third-Party Litigation Funding Arrangements" (the "Motion"), (D.I. 214 ), hereby ORDERS as follows: The Court's Order here does not intend to address whether disclosure of third-party litigation funding arrangements should or should not, as a general matter, be required at the outset of most or all civil cases in this District. Instead, it focuses solely on the unique facts and circumstances at play in this case (wherein no such disclosure order had previously been entered by the Court). In light of the particular record at issue here, the Court DENIES Defendants' Motion (with one exception, set out below), for the following reasons.; (1) It does not appear that Defendants' request -- i.e., that Plaintiffs disclose certain information relating to all third-party funders for this litigation (the "requested information") -- is relevant to any claims or defenses at issue in the case. Although Defendants briefly suggested that the requested information might be relevant to standing, (D.I. 214 at 3), Plaintiffs noted in response that they are not enforcing a patent in this lawsuit, but instead seeking to correct inventorship of a patent, (D.I. 224 at 2). The Court does not see how, in those circumstances, there could be a standing issue at play here.; (2) Even if the requested information was somehow relevant to a claim or defense in this litigation, the Motion appears to be very untimely. The deposition at which Defendants learned that an entity known as Great American Mining has paid for certain costs and fees incurred in this litigation occurred in February 2022. Yet Defendants did not file the Motion until October 2022. (See D.I. 224 at 1) Defendants provide no explanation as to why they did not file the Motion earlier. Nor is it clear why Defendants did not ask further questions during the deposition (wherein they learned of the identity of the third-party funder) in order to obtain the additional information that they now belatedly seek. While Defendants vaguely suggest that the requested information is needed to "promote efficiency," (D.I. 227 at 1), it is not efficient to be making untimely requests for discovery-related information on the eve of trial.; (3) Lastly, Defendants argue that the requested information is "crucial to ensuring that this Court can remain clear of any conflicts." (D.I. 214 at 3; see also D.I. 227 at 1) To be sure, the Court has a real interest in doing what it can to reasonably assess any potential conflict of interest that might be present in a litigation matter. But the Court is now aware of the identity of the entity (i.e., Great American Mining) that has paid for certain of Plaintiffs' costs and fees incurred in this litigation. The Court is aware of no conflict that it has in light of this entity's involvement. And it is not clear to the Court how any of the requested information would be needed for it or the District Judge to be able to make this conflict-related assessment as to Great American Mining.; and (4) The Court assumes that, in light of the tenor of Plaintiffs' answering brief, there is no other entity (other than Great American Mining) that is serving as a third-party funder in this case. But just to ensure that the Court is understanding the record correctly, by no later than November 21, 2022, the Court ORDERS that Plaintiffs shall submit a letter confirming that there are no other third-party funders (or, if there are, listing them). Ordered by Judge Christopher J. Burke on 11/14/2022. (mlc) (Entered: 11/14/2022) (0) |
| Nov 9, 2022 | 228 | Redacted Document (5) Docket Text: REDACTED VERSION of [224] Answering Brief in Opposition by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Nov 8, 2022 | N/A | Document Unsealed (0) Docket Text: Document Unsealed -- [218] Memorandum Opinion unsealed. (ntl) |
| Nov 4, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [225] STIPULATION to extend briefing schedule in connection with motion for bifurcation by BearBox LLC, Austin Storms. Signed by Judge Gregory B. Williams on 11/4/2022. (etg) |
| Nov 3, 2022 | 225 | Stipulation (2) Docket Text: STIPULATION to extend briefing schedule in connection with motion for bifurcation by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Nov 3, 2022 | 226 | Letter (1) Docket Text: Letter to The Honorable Gregory B. Williams from Andrew C. Mayo regarding redactions to October 28, 2022 memorandum opinion. (Mayo, Andrew) |
| Nov 1, 2022 | N/A | Motions No Longer Referred (0) Docket Text: Motions No Longer Referred: [222] MOTION to Bifurcate Defendants' Motion for Bifurcation and to Expedite Briefing and Consideration of This Motion (mlc) |
| Oct 31, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [221] MOTION for Pro Hac Vice Appearance of Attorney John J. Lucas filed by BearBox LLC, Austin Storms.Ordered by Judge Christopher J. Burke on 10/31/22. (mlc) |
| Oct 31, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney John J. Lucas for BearBox LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Oct 31, 2022 | 222 | Motion to Bifurcate (Main Document) (2) Docket Text: MOTION to Bifurcate Defendants' Motion for Bifurcation and to Expedite Briefing and Consideration of This Motion - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order Proposed Order)Motions referred to Christopher J. Burke.(Stover, Chad) |
| Oct 31, 2022 | 222 | Motion to Bifurcate (Text of Proposed Order Proposed Order) (1) Docket Text: MOTION to Bifurcate Defendants' Motion for Bifurcation and to Expedite Briefing and Consideration of This Motion - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order Proposed Order)Motions referred to Christopher J. Burke.(Stover, Chad) |
| Oct 28, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Benjamin Pendroff for Raymond E. Cline, Jr, Lancium LLC, and Michael T. McNamara added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) |
| Oct 28, 2022 | 218 | Memorandum Opinion (16) Docket Text: MEMORANDUM OPINION re claim construction. Signed by Judge Gregory B. Williams on 10/28/22.This order has been emailed to local counsel. (ntl) Modified on 11/8/2022 (ntl). (Main Document 218 replaced on 11/8/2022) (ntl). |
| Oct 28, 2022 | 219 | Order (1) Docket Text: ORDER re [218] Memorandum Opinion regarding claim construction. Signed by Judge Gregory B. Williams on 10/28/22. (ntl) |
| Oct 28, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: Because the Memorandum Opinion is filed under seal, IT IS HEREBY ORDERED that the parties shall meet and confer and, no later than November 3, 2022, submit a joint proposed redacted version, accompanied by a supporting memorandum, detailing how, under applicable law, the Court may approve any requested redactions. In the absence of a timely, compliant request, the Court will unseal the entire opinion. ORDERED by Judge Gregory B. Williams on 10/28/22. (ntl) |
| Oct 28, 2022 | 221 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John J. Lucas - filed by BearBox LLC, Austin Storms. Motions referred to Christopher J. Burke.(Mayo, Andrew) |
| Oct 27, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [217] MOTION for Pro Hac Vice Appearance of Attorney Benjamin T. Pendroff filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. Ordered by Judge Christopher J. Burke on 10/27/22. (mlc) |
| Oct 26, 2022 | 217 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Benjamin T. Pendroff - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)Motions referred to Christopher J. Burke.(Stover, Chad) |
| Oct 26, 2022 | 217 | Motion for Leave to Appear Pro Hac Vice (Certification by Counsel to be Admitted Pro Hac Vice) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Benjamin T. Pendroff - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)Motions referred to Christopher J. Burke.(Stover, Chad) |
| Oct 25, 2022 | 216 | Redacted Document (Main Document) (5) Docket Text: REDACTED VERSION of [214] MOTION for Disclosure of Third-Party Litigation Funding Arrangements by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) 7.1.1 Statement, # (2) Text of Proposed Order, # (3) Exhibit A, # (4) Exhibit B)(Stover, Chad) |
| Oct 25, 2022 | 216 | Redacted Document (7.1.1 Statement) (2) Docket Text: REDACTED VERSION of [214] MOTION for Disclosure of Third-Party Litigation Funding Arrangements by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) 7.1.1 Statement, # (2) Text of Proposed Order, # (3) Exhibit A, # (4) Exhibit B)(Stover, Chad) |
| Oct 25, 2022 | 216 | Redacted Document (Text of Proposed Order) (1) Docket Text: REDACTED VERSION of [214] MOTION for Disclosure of Third-Party Litigation Funding Arrangements by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) 7.1.1 Statement, # (2) Text of Proposed Order, # (3) Exhibit A, # (4) Exhibit B)(Stover, Chad) |
| Oct 25, 2022 | 216 | Redacted Document (Exhibit A) (3) Docket Text: REDACTED VERSION of [214] MOTION for Disclosure of Third-Party Litigation Funding Arrangements by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) 7.1.1 Statement, # (2) Text of Proposed Order, # (3) Exhibit A, # (4) Exhibit B)(Stover, Chad) |
| Oct 25, 2022 | 216 | Redacted Document (Exhibit B) (4) Docket Text: REDACTED VERSION of [214] MOTION for Disclosure of Third-Party Litigation Funding Arrangements by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) 7.1.1 Statement, # (2) Text of Proposed Order, # (3) Exhibit A, # (4) Exhibit B)(Stover, Chad) |
| Oct 24, 2022 | 215 | Letter (2) Docket Text: Letter to The Honorable Gregory B. Williams from Andrew C. Mayo regarding meet and confer following Markman hearing to address claim terms in dispute. (Mayo, Andrew) |
| Oct 20, 2022 | N/A | Markman Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Gregory B. Williams - Markman Hearing held on 10/20/2022. (Court Reporter M. Rolfe.) (ntl) |
| Oct 11, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney David M. Lisch for Raymond E. Cline, Jr., Lancium LLC, and Michael T. McNamara added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) |
| Oct 7, 2022 | 212 | Memorandum Opinion (8) Docket Text: MEMORANDUM OPINION. Signed by Judge Gregory B. Williams on 10/07/2022. (etg) |
| Oct 7, 2022 | 213 | Order (1) Docket Text: ORDER re [212] MEMORANDUM OPINION: Defendants' Objections (D.I. 146) to the Report are OVERRULED; The Report (D.I. 143) is ADOPTED; Defendants' Motion (D.I. 120) is GRANTED-IN-PART and DENIED-IN-PART; and Plaintiffs' unjust enrichment claim (Count VI) is dismissed with prejudice. Signed by Judge Gregory B. Williams on 10/7/2022. (etg) |
| Oct 5, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: In order to resolve Defendants' pending summary judgment motion (D.I. 148), IT IS HEREBY ORDERED that a Markman Hearing is now scheduled for 10/20/22, at 10:00 AM in Courtroom 6B. The Court is setting aside one (1) hour for the Markman hearing with the time split equally between the two sides. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to gbw_civil@ded.uscourts.gov no later than 48 hours prior to the hearing with hard copies delivered to the Clerk's office within one hour thereafter. Based on the parties' construction of the disputed terms in their respective summary judgment briefing, the parties need not file additional briefing on this matter. ORDERED by Judge Gregory B. Williams on 10/5/22. (ntl) |
| Sep 29, 2022 | 210 | Letter (1) Docket Text: Letter to The Honorable Gregory B. Williams from Andrew C. Mayo regarding response to Defendant's September 28, 2022 letter. (Mayo, Andrew) |
| Sep 28, 2022 | 209 | Letter (2) Docket Text: Letter to The Honorable Gregory B. Williams from Chad S.C. Stover regarding Defendants' request for oral argument re: their summary judgment and Dabuert motions - re [148] MOTION for Summary Judgment , [167] MOTION for Summary Judgment Regarding Damages and Motion to Exclude Opinions of David Duski, [201] Request for Oral Argument,. (Stover, Chad) |
| Sep 7, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Gregory B Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (apk) |
| Aug 5, 2022 | 202 | Redacted Document (11) Docket Text: REDACTED VERSION of [191] Reply Brief, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Aug 5, 2022 | 203 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [192] Declaration by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 43)(Stover, Chad) |
| Aug 5, 2022 | 203 | Redacted Document (Exhibit 43) (1) Docket Text: REDACTED VERSION of [192] Declaration by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 43)(Stover, Chad) |
| Aug 5, 2022 | 204 | Redacted Document (4) Docket Text: REDACTED VERSION of [193] Statement, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Aug 5, 2022 | 205 | Redacted Document (7) Docket Text: REDACTED VERSION of [194] Statement by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) Modified on 8/8/2022 (dlw). |
| Aug 5, 2022 | 206 | Redacted Document (29) Docket Text: REDACTED VERSION of [195] Reply Brief by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) Modified on 8/8/2022 (dlw). |
| Aug 5, 2022 | 207 | Redacted Document (Main Document) (3) Docket Text: REDACTED VERSION of [196] Declaration by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 30-42)(Stover, Chad) Modified on 8/8/2022 (dlw). |
| Aug 5, 2022 | 207 | Redacted Document (Exhibit 30-42) (1) Docket Text: REDACTED VERSION of [196] Declaration by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 30-42)(Stover, Chad) Modified on 8/8/2022 (dlw). |
| Aug 5, 2022 | 208 | Redacted Document (8) Docket Text: REDACTED VERSION of [190] Reply Brief by BearBox LLC, Austin Storms. (Mayo, Andrew) Modified on 8/8/2022 (dlw). |
| Aug 4, 2022 | 201 | Request for Oral Argument (2) Docket Text: REQUEST for Oral Argument by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara re [148] MOTION for Summary Judgment , [167] MOTION for Summary Judgment Regarding Damages and Motion to Exclude Opinions of David Duski. (Stover, Chad) |
| Aug 2, 2022 | 197 | Redacted Document (14) Docket Text: REDACTED VERSION of [180] Answering Brief in Opposition, by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Aug 2, 2022 | 198 | Redacted Document (4) Docket Text: REDACTED VERSION of [181] Declaration by BearBox LLC, Austin Storms. (Mayo, Andrew) Modified on 8/2/2022 (dlw). |
| Aug 2, 2022 | 199 | Redacted Document (4) Docket Text: REDACTED VERSION of [182] Statement by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Aug 2, 2022 | 200 | Redacted Document (4) Docket Text: REDACTED VERSION of [183] Statement by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Jul 27, 2022 | 186 | Redacted Document (30) Docket Text: REDACTED VERSION of [176] Answering Brief in Opposition by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Jul 27, 2022 | 187 | Redacted Document (6) Docket Text: REDACTED VERSION of [177] Statement, by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Jul 27, 2022 | 188 | Redacted Document (6) Docket Text: REDACTED VERSION of [178] Statement by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Jul 27, 2022 | 189 | Redacted Document (30) Docket Text: REDACTED VERSION of [179] Declaration by BearBox LLC, Austin Storms. (Mayo, Andrew) Modified on 7/28/2022 (dlw). |
| Jul 26, 2022 | 184 | Redacted Document (15) Docket Text: REDACTED VERSION of [174] Answering Brief in Opposition, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Jul 26, 2022 | 185 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [175] Declaration, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1-2)(Stover, Chad) |
| Jul 26, 2022 | 185 | Redacted Document (Exhibit 1-2) (20) Docket Text: REDACTED VERSION of [175] Declaration, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1-2)(Stover, Chad) |
| Jul 15, 2022 | 171 | Redacted Document (21) Docket Text: REDACTED VERSION of [168] Opening Brief in Support, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Collins, Kevin) |
| Jul 15, 2022 | 172 | Redacted Document (3) Docket Text: REDACTED VERSION of [169] Statement, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Jul 15, 2022 | 173 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [170] Declaration, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 24-29)(Stover, Chad) |
| Jul 15, 2022 | 173 | Redacted Document (Exhibit 24-29) (17) Docket Text: REDACTED VERSION of [170] Declaration, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 24-29)(Stover, Chad) |
| Jul 8, 2022 | 167 | Motion for Summary Judgment (Main Document) (2) Docket Text: MOTION for Summary Judgment Regarding Damages and Motion to Exclude Opinions of David Duski - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order)(Stover, Chad) Modified on 7/11/2022 (dlw). |
| Jul 8, 2022 | 167 | Motion for Summary Judgment (Text of Proposed Order) (1) Docket Text: MOTION for Summary Judgment Regarding Damages and Motion to Exclude Opinions of David Duski - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order)(Stover, Chad) Modified on 7/11/2022 (dlw). |
| Jun 30, 2022 | 166 | Answer to Counterclaim (15) Docket Text: ANSWER to [145] Answer to Amended Complaint,, Counterclaim, by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Jun 29, 2022 | 163 | Redacted Document (30) Docket Text: REDACTED VERSION of [149] Opening Brief in Support, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Jun 29, 2022 | 164 | Redacted Document (5) Docket Text: REDACTED VERSION of [150] Statement by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Jun 29, 2022 | 165 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [151] Declaration, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1-23)(Stover, Chad) (Main Document 165 replaced on 7/6/2022) (dlw). (Attachment 1 replaced on 7/6/2022) (dlw). |
| Jun 29, 2022 | 165 | Redacted Document (Exhibit 1-23) (30) Docket Text: REDACTED VERSION of [151] Declaration, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1-23)(Stover, Chad) (Main Document 165 replaced on 7/6/2022) (dlw). (Attachment 1 replaced on 7/6/2022) (dlw). |
| Jun 27, 2022 | 162 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Reply Expert Report of David R. Duski filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Jun 24, 2022 | 160 | Redacted Document (13) Docket Text: REDACTED VERSION of [153] Opening Brief in Support, by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Jun 24, 2022 | 161 | Redacted Document (Main Document) (3) Docket Text: REDACTED VERSION of [154] Declaration by BearBox LLC, Austin Storms. (Attachments: # (1) Exhibit A-B)(Mayo, Andrew) Modified on 6/27/2022 (dlw). |
| Jun 24, 2022 | 161 | Redacted Document (Exhibit A-B) (24) Docket Text: REDACTED VERSION of [154] Declaration by BearBox LLC, Austin Storms. (Attachments: # (1) Exhibit A-B)(Mayo, Andrew) Modified on 6/27/2022 (dlw). |
| Jun 23, 2022 | 157 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of David R. Duski on June 30, 2022 at 9AM CT filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Jun 23, 2022 | 158 | Response to Objections (16) Docket Text: RESPONSE TO OBJECTIONS by BearBox LLC, Austin Storms re [146] Objection to Report and Recommendations, . (Mayo, Andrew) |
| Jun 23, 2022 | 159 | Notice to Take Deposition (1) Docket Text: NOTICE to Take Deposition of Jennifer Vanderhart on June 30, 2022 filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Jun 22, 2022 | 156 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Expert Report of Jennifer Vanderhart, Ph.D. and Corrected Expert Report of Jennifer Vanderhart Ph.D. filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Jun 20, 2022 | 155 | Notice of Change of Address (2) Docket Text: NOTICE of Change of Address by Chad S.C. Stover (Stover, Chad) |
| Jun 16, 2022 | N/A | Motions No Longer Referred (0) Docket Text: Motion No Longer Referred: [152] MOTION to Preclude Certain Testimony of Dr. Mark Ehsani (dlw) |
| Jun 15, 2022 | 148 | Motion for Summary Judgment (Main Document) (2) Docket Text: MOTION for Summary Judgment - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order)(Stover, Chad) |
| Jun 15, 2022 | 148 | Motion for Summary Judgment (Text of Proposed Order) (1) Docket Text: MOTION for Summary Judgment - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order)(Stover, Chad) |
| Jun 15, 2022 | 152 | Motion to Preclude (2) Docket Text: MOTION to Preclude Certain Testimony of Dr. Mark Ehsani - filed by BearBox LLC, Austin Storms. Motions referred to Christopher J. Burke.(Mayo, Andrew) Modified on 6/16/2022 (dlw). |
| Jun 10, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [147] Stipulation to Amend Certain Dispositive Motion and Daubert Deadlines filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. Ordered by Judge Christopher J. Burke on 6/10/2022. (dlb) |
| Jun 10, 2022 | 147 | Stipulation (2) Docket Text: STIPULATION and [Proposed] Order to Amend Certain Dispositive Motion and Daubert Deadlines re SO ORDERED, Set Scheduling Order Deadlines, SO ORDERED,, Set Scheduling Order Deadlines, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Jun 9, 2022 | 146 | Objection to Report and Recommendations (Main Document) (13) Docket Text: OBJECTION to [143] Report and Recommendations by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification Pursuant to District of Delaware Standing Order for Objections Filed Under Fed. R. Civ. P. 72, # (2) Exhibit 1, # (3) Exhibit 2)(Stover, Chad) |
| Jun 9, 2022 | 146 | Objection to Report and Recommendations (Certification Pursuant to District of Delaware Standing Order for Objections Fi) (2) Docket Text: OBJECTION to [143] Report and Recommendations by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification Pursuant to District of Delaware Standing Order for Objections Filed Under Fed. R. Civ. P. 72, # (2) Exhibit 1, # (3) Exhibit 2)(Stover, Chad) |
| Jun 9, 2022 | 146 | Objection to Report and Recommendations (Exhibit 1) (30) Docket Text: OBJECTION to [143] Report and Recommendations by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification Pursuant to District of Delaware Standing Order for Objections Filed Under Fed. R. Civ. P. 72, # (2) Exhibit 1, # (3) Exhibit 2)(Stover, Chad) |
| Jun 9, 2022 | 146 | Objection to Report and Recommendations (Exhibit 2) (30) Docket Text: OBJECTION to [143] Report and Recommendations by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification Pursuant to District of Delaware Standing Order for Objections Filed Under Fed. R. Civ. P. 72, # (2) Exhibit 1, # (3) Exhibit 2)(Stover, Chad) |
| May 27, 2022 | 144 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Supplemental Expert Report of David R. Duski filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| May 26, 2022 | N/A | Report and Recommendations (0) Docket Text: REPORT AND RECOMMENDATION: The Court, having reviewed Defendants' motion seeking dismissal, pursuant to Fed. R. Civ. P 12(b)(6), of Plaintiffs' Count V (conversion) and Count VI (unjust enrichment) in the operative Second Amended Complaint ("Motion"), (D.I. 120), the briefing related thereto, (D.I. 121; D.I. 128; D.I. 133), and having heard argument on May 23, 2022, hereby recommends as follows: (1) With regard to Count V, the Court recommends that the Motion be DENIED. Defendants' argument is that Plaintiffs' conversion claim must fail as a matter of law because under Louisiana law (which both sides agree applies to these claims) there can be no conversion of electronic files (the type of documents allegedly converted in Count V) where the owner retains a copy of those files (as Plaintiffs acknowledge it did), since in such a case, the owner is not completely deprived of the property at issue. (D.I. 133 at 2-6) This is a difficult issue, and Defendants do cite to some Louisiana state court precedent that provides some support for their position. See CamSoft Data Sys., Inc. v. S. Elecs. Supply, Inc., 2019 CA 0731, 2019 CW 0514, 2019 WL 2865359, at *2-3 & n. 3 (La. Ct. App. July 2, 2019) (concluding that a claim for conversion could not stand because "a conversion requires a deprivation of possession" and the plaintiff retained a copy of the allegedly converted electronic materials at issue); but see Mabile v. BP, p.l.c., CIVIL ACTION NO. 11-1783, 2016 WL 5231839, at *1, *23 (E.D. La. Sept. 22, 2016) (permitting a conversion claim under Louisiana law that was premised on the defendant's obtaining of the plaintiff's schematic, where the plaintiff e-mailed a digital copy of the schematic but also retained a copy); cf. Total Safety, U.S., Inc. v. Code Red Safety & Rental, LLC, CIVIL ACTION NO. 19-12953, 2019 WL 5964971, at *1, *4-5 (E.D. La. Nov. 13, 2019). But regardless of whether Defendants are correct on that point, Louisiana law says that a conversion claim can be made out not only when a defendant unlawfully interferes with a plaintiff's "possession" of a movable, but also when a defendant unlawfully interferes with the plaintiffs "ownership" of a movable. CamSoft, 2019 WL 2865359, at *2; see also (D.I. 128 at 7-8). It seems to the Court that this leaves some room for a conversion claim as to property (such as the electronic data at issue here), where, even if a plaintiff is not completely dispossessed of all copies of that property, a defendant could still be said to have taken steps to have wrongfully deprived the plaintiff of "ownership" of the property. And Plaintiffs' conversion claim can be read to allege that this is what occurred here, since Plaintiffs assert, inter alia, that Defendants took certain technology that Plaintiffs rightfully owned[,] and then Defendants wrongfully utilized that technology in their Smart Response softwarei.e., in a manner indicating to the world that they (not Plaintiffs) owned that technology. (D.I. 103 at paras. 84-90; see also D.I. 128 at 8); and (2) With regard to Count VI, the Court recommends that the Motion be GRANTED and that the claim be dismissed with prejudice. The Louisiana Supreme Court explicitly held in Walters v. MedSouth Record Mgmt. LLC, 38 So. 3d 243, 244 (La. 2010), that: (a) an element of an unjust enrichment claim under Louisiana law is that there must be no other remedy at law available to the plaintiff, since this type of claim is "only applicable to fill a gap in the law where no express remedy is provided"; (b) if a plaintiff asserts in a pleading that he has another type of legal remedy for the same conduct (the "other remedy"), this establishes that he is precluded from seeking an unjust enrichment remedy for that conducteven if the plaintiff is ultimately unable to pursue that other remedy in the instant proceeding (i.e., because the plaintiffs claim as to that other remedy was dismissed). Recent federal appellate and district court decisions have recognized that this is the state of Louisiana law. See Ferrara Fire Apparatus, Inc. v. JLG Indus., Inc., 581 F. Appx 440, 443-44 (5th Cir. 2014); United States v. Cytogel Pharma, LLC, CIVIL DOCKET NO. 16-13987, 2018 WL 5297753, at *16 n.218 (E.D. La. Oct. 25, 2018); Andretti Sports Mktg. La., LLC v. Nola Motorsports Host Comm., CIVIL ACTION NO. 15-2167, 2015 WL 13540096, at *7-8 (E.D. La. Dec. 2, 2015). And what Walters proscribes is what has happened here: i.e., Plaintiffs have pleaded that they had other remedies at law for the conduct that is at issue in their unjust enrichment claim (such as via a claim for trade secret misappropriation, or for conversion). (See, e.g., D.I. 103 at paras. 66-101; see also D.I. 121 at 8-9) Plaintiffs cite to some Louisiana federal district court decisions for the proposition that their unjust enrichment claim can survive under these circumstances. (D.I. 128 at 10 (citations omitted)) But those cases do not persuade the Court, as they either: (a) cite only to Fed. R. Civ. P. 8 for the proposition that a party may plead in the alternative (which, while true, is overtaken here by the fact that as a matter of substantive state law, if one pleads that one does have a legal alternative, then one simply cannot make out an unjust enrichment claim), see JP Mack Indus. LLC v. Mosaic Fertilizer, LLC, 970 F. Supp. 2d 516, 521 n.2 (E.D. La. 2013); or (b) rely on Louisiana state legal precedent that pre-dates Walters; or (c) distinguish Walters (in the Court's view, incorrectly) as only barring unjust enrichment claims from being pleaded alongside tort claims (which, even if it were an accurate reading of Walters, still would not help Plaintiffs here, as they have in fact pleaded alternative tort claims in their operative complaint). Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 6/9/2022 Ordered by Judge Christopher J. Burke on 5/26/2022. (dlb) |
| May 24, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [142] Stipulation to extend certain scheduling order deadlines. Ordered by Judge Christopher J. Burke on 8/24/2022. (dlb) |
| May 23, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [139] MOTION for Pro Hac Vice Appearance of Attorney David M. Lisch filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. Ordered by Judge Christopher J. Burke on 5/22/2022. (dlb) |
| May 23, 2022 | N/A | Motion Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 5/23/2022 via telephone regarding D.I. re [120] MOTION to Dismiss Based upon // Motion to Dismiss Counts V and VI of the Second Amended Complaint filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. The Court heard argument from the parties regarding the motion. The Court took the motion under advisement. (Court Reporter Stacy Ingram (Hawkins). Clerk: M. Crawford) Appearances: A. Mayo, B. Horton, J. Labbe for Plaintiffs; C. Stover, A. Kaufmann, M. Nelson for Defendants. (mlc) |
| May 20, 2022 | 142 | Stipulation (3) Docket Text: STIPULATION and [Proposed] Order to Amend Certain Case Deadlines re [124] Letter, SO ORDERED,, Set Scheduling Order Deadlines, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| May 9, 2022 | 141 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Expert Reports of David R. Duski, Stan McClellan and Frank McCamant filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| May 6, 2022 | 140 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Expert Report of Source Code Expert Nikolaus Baer; 2) Expert Report of Mark Ehsani, Ph.D.; and 3) Report of Shams Siddiqi, Ph.D. (Ercot Market Mechanisms) filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| May 4, 2022 | 139 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney David M. Lisch - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)Motions referred to Christopher J. Burke.(Stover, Chad) |
| May 4, 2022 | 139 | Motion for Leave to Appear Pro Hac Vice (Certification by Counsel to be Admitted Pro Hac Vice) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney David M. Lisch - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)Motions referred to Christopher J. Burke.(Stover, Chad) |
| Apr 22, 2022 | N/A | Motion Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Telephonic Motion Hearing held on 4/22/2022 regarding D.I. [134] Joint MOTION for Teleconference to Resolve Discovery Dispute; D.I. [111] MOTION to Strike [103] Amended Complaint, the Trade Secret Misappropriation Counts in the Second Amended Complaint filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. The Court heard the parties' arguments regarding the motions. The Court granted Plaintiffs' discovery dispute motion. The Court granted Defendants' Motion to Strike. The transcript shall serve as the substance of the Court's Orders. (Court Reporter Christa Chakejian. Clerk: S. Janicki) APPEARANCES: A. Mayo, B. Horton, and J. Labbe for Plaintiffs; C. Stover, M. Nelson, and A. Kaufmann for Defendants. (mlc) |
| Apr 21, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Plaintiffs' discovery dispute motion, (D.I. 124; D.I. 134), notes that pursuant to its "Guidelines for Discovery Disputes" (Guideline #2), Plaintiffs were required to "attach a proposed order to [their] letter brief as an exhibit" in which they were to "clearly set out the nature of the requested relief as to each dispute." See Guidelines for Discovery Disputes, https://www.ded.uscourts.gov/sites/ded/files/Guidelines%20for%20Discovery%20Disputes-CJB.pdf. So far as the Court can tell, Plaintiffs did not do that, and their failure to do so is impacting the Court's ability to resolve the dispute. By no later than 5:00 p.m. today, Plaintiffs shall file such a proposed order; failure to do so will result in denial of Plaintiffs' motion. Ordered by Judge Christopher J. Burke on 4/21/2022. (dlb) |
| Apr 21, 2022 | 138 | Proposed Order (1) Docket Text: PROPOSED ORDER (Order Granting Lancium's Motion to Compel) re [137] Oral Order,,, by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Apr 20, 2022 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER: The Court, having reviewed the pending motion to dismiss ("Motion"), (D.I. 120), hereby ORDERS as follows: (1) The Court will hear argument on the Motion on Monday, May 23, 2022 at 1:00 PM via teleconference.; (2) By no later than May 18, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call; and (3) The Court may choose to resolve the Motion prior to the telephone conference and will, in that event, cancel the conference (however, if any party advises the Court in advance that a newer attorney will argue the Motion, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 4/20/2022. (dlb) |
| Apr 14, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I.[119] MOTION for Pro Hac Vice Appearance of Attorney Darrick J. Hooker filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. Ordered by Judge Christopher J. Burke on 4/14/2022. (dlb) |
| Apr 14, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Darrick J. Hooker for Raymond E. Cline, Jr, Lancium LLC, and Michael T. McNamara added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Apr 13, 2022 | 135 | Request for Oral Argument (2) Docket Text: REQUEST for Oral Argument by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara re [120] MOTION to Dismiss Based upon // Motion to Dismiss Counts V and VI of the Second Amended Complaint, [111] MOTION to Strike [103] Amended Complaint, the Trade Secret Misappropriation Counts in the Second Amended Complaint. (Stover, Chad) |
| Apr 12, 2022 | 134 | Motion for Miscellaneous Relief (1) Docket Text: Joint MOTION for Teleconference to Resolve Discovery Dispute re [130] Order Setting Hearing on Motion,, - filed by BearBox LLC, Austin Storms. Motions referred to Christopher J. Burke.(Mayo, Andrew) |
| Apr 6, 2022 | 133 | Reply Brief (15) Docket Text: REPLY BRIEF re [120] MOTION to Dismiss Based upon // Motion to Dismiss Counts V and VI of the Second Amended Complaint filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Apr 5, 2022 | 132 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [126] Letter by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Stover, Chad) |
| Apr 5, 2022 | 132 | Redacted Document (Exhibit 1) (3) Docket Text: REDACTED VERSION of [126] Letter by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Stover, Chad) |
| Apr 5, 2022 | 132 | Redacted Document (Exhibit 2) (1) Docket Text: REDACTED VERSION of [126] Letter by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Stover, Chad) |
| Apr 4, 2022 | N/A | Case No Longer Referred to Mediation (0) Docket Text: CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. § 652(b). (Taylor, Daniel) |
| Apr 4, 2022 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER Resetting Hearing on Motion and Discovery Dispute Teleconference: Due to an unforeseen scheduling conflict, the Motion Hearing and Discovery Dispute Teleconference set for April 4, 2022 at 3:00 PM will be rescheduled. It is hereby ORDERED that the Discovery Dispute and Motion Hearing Teleconference is rescheduled for 4/22/2022 at 03:00 PM before Judge Christopher J. Burke. By no later than April 18, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Deborah Benyo, with a dial-in number via e-mail to use for the call. Ordered by Judge Christopher J. Burke on 4/4/2022. (dlb) |
| Apr 1, 2022 | 129 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Supplemental Objections and Responses to Defendants' Interrogatory Nos. 22, 24 and 25 filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Mar 30, 2022 | 127 | Redacted Document (30) Docket Text: REDACTED VERSION of [124] Letter by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Mar 30, 2022 | 128 | Answering Brief in Opposition (22) Docket Text: ANSWERING BRIEF in Opposition re [120] MOTION to Dismiss Based upon // Motion to Dismiss Counts V and VI of the Second Amended Complaint filed by BearBox LLC, Austin Storms.Reply Brief due date per Local Rules is 4/6/2022. (Mayo, Andrew) |
| Mar 29, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [125] Stipulation regarding 1-page letter briefs in connection with motion to strike filed by BearBox LLC, Austin Storms. Ordered by Judge Christopher J. Burke on 3/29/2022. (mlc) |
| Mar 21, 2022 | 123 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [114] Letter,, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Stover, Chad) |
| Mar 21, 2022 | 123 | Redacted Document (Exhibit 1) (10) Docket Text: REDACTED VERSION of [114] Letter,, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Stover, Chad) |
| Mar 21, 2022 | 123 | Redacted Document (Exhibit 2) (3) Docket Text: REDACTED VERSION of [114] Letter,, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Stover, Chad) |
| Mar 21, 2022 | 123 | Redacted Document (Exhibit 3) (2) Docket Text: REDACTED VERSION of [114] Letter,, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Stover, Chad) |
| Mar 21, 2022 | 123 | Redacted Document (Exhibit 4) (1) Docket Text: REDACTED VERSION of [114] Letter,, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Stover, Chad) |
| Mar 21, 2022 | 123 | Redacted Document (Exhibit 5) (1) Docket Text: REDACTED VERSION of [114] Letter,, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Stover, Chad) |
| Mar 21, 2022 | 123 | Redacted Document (Exhibit 6) (1) Docket Text: REDACTED VERSION of [114] Letter,, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Stover, Chad) |
| Mar 21, 2022 | 123 | Redacted Document (Exhibit 7) (30) Docket Text: REDACTED VERSION of [114] Letter,, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Stover, Chad) |
| Mar 17, 2022 | 122 | Redacted Document (30) Docket Text: REDACTED VERSION of [113] Letter by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Mar 16, 2022 | N/A | Motions Referred (0) Docket Text: MOTION REFERRED: [120] MOTION to Dismiss Based upon // Motion to Dismiss Counts V and VI of the Second Amended Complaint Motion referred to Christopher J. Burke.(dlb) |
| Mar 16, 2022 | 119 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Darrick J. Hooker - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)Motions referred to Christopher J. Burke.(Stover, Chad) |
| Mar 16, 2022 | 119 | Motion for Leave to Appear Pro Hac Vice (Certification by Counsel to be Admitted Pro Hac Vice) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Darrick J. Hooker - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)Motions referred to Christopher J. Burke.(Stover, Chad) |
| Mar 16, 2022 | 120 | Motion to Dismiss (Main Document) (2) Docket Text: MOTION to Dismiss Based upon // Motion to Dismiss Counts V and VI of the Second Amended Complaint - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order)(Stover, Chad) |
| Mar 16, 2022 | 120 | Motion to Dismiss (Text of Proposed Order) (1) Docket Text: MOTION to Dismiss Based upon // Motion to Dismiss Counts V and VI of the Second Amended Complaint - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order)(Stover, Chad) |
| Mar 16, 2022 | 121 | Opening Brief in Support (18) Docket Text: OPENING BRIEF in Support re [120] MOTION to Dismiss Based upon // Motion to Dismiss Counts V and VI of the Second Amended Complaint filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.Answering Brief/Response due date per Local Rules is 3/30/2022. (Stover, Chad) |
| Mar 15, 2022 | 117 | Redacted Document (Main Document) (5) Docket Text: REDACTED VERSION of [112] Letter, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Stover, Chad) |
| Mar 15, 2022 | 117 | Redacted Document (Exhibit A) (11) Docket Text: REDACTED VERSION of [112] Letter, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Stover, Chad) |
| Mar 15, 2022 | 117 | Redacted Document (Exhibit B) (1) Docket Text: REDACTED VERSION of [112] Letter, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Stover, Chad) |
| Mar 15, 2022 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' March 14, 2022 letters requesting a teleconference regarding Defendants Motion to Strike the Trade Secret Misappropriation Counts in the Second Amended Complaint (the "motion to strike") and regarding one discovery dispute. (D.I. 115; D.I. 116) It hereby ORDERS as follows: (1) A telephone conference to address the motion to strike and the discovery dispute is set for April 4, 2022 at 3:00 PM before Judge Christopher J. Burke.; (2) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (3) By March 22, 2022, any party seeking relief shall file with the Court a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issue in dispute and its position on that issue. By March 29, 2022, any party opposing the application for relief may file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (5) By no later than March 31, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Deborah Benyo, with a dial-in number via e-mail to use for the call.; and (6) The Court may choose to resolve the motion to strike and discovery dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 3/15/2022. (dlb) |
| Mar 14, 2022 | 115 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Chad S.C. Stover regarding Lancium's request for a teleconference on Lancium's Motion to Strike the Trade Secret Misappropriation Counts in the Second Amended Complaint - re [111] MOTION to Strike [103] Amended Complaint, the Trade Secret Misappropriation Counts in the Second Amended Complaint. (Stover, Chad) |
| Mar 14, 2022 | 116 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding Request for Discovery Hearing. (Mayo, Andrew) |
| Mar 3, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [109] STIPULATION TO EXTEND Current Case Deadlines filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. See Stip for details. ( Opening Expert Reports due by 4/5/2022, Rebuttal Expert Reports due by 5/6/2022, Expert Discovery due by 6/6/2022, Dispositive Motions due by 6/13/2022.) Ordered by Judge Christopher J. Burke on 3/3/2022. (dlb) |
| Mar 3, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [110] STIPULATION TO EXTEND TIME to Respond to Second Amended Complaint to March 16, 2022 filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. Ordered by Judge Christopher J. Burke on 3/3/2022. (dlb) |
| Mar 3, 2022 | 111 | Motion to Strike (Main Document) (2) Docket Text: MOTION to Strike [103] Amended Complaint, the Trade Secret Misappropriation Counts in the Second Amended Complaint - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Stover, Chad) |
| Mar 3, 2022 | 111 | Motion to Strike (Text of Proposed Order) (1) Docket Text: MOTION to Strike [103] Amended Complaint, the Trade Secret Misappropriation Counts in the Second Amended Complaint - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Stover, Chad) |
| Mar 2, 2022 | 109 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME re: Current Case Deadlines to - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Mar 2, 2022 | 110 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to Respond to Second Amended Complaint to March 16, 2022 - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Feb 22, 2022 | 108 | Notice to Take Deposition (1) Docket Text: NOTICE to Take Deposition of Raymond Cline, Jr. on February 24, 2022 filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Feb 18, 2022 | 106 | Notice of Service (Main Document) (2) Docket Text: NOTICE OF SERVICE of Amended Subpoena to Testify at a Deposition to Jason Hutzler filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Feb 18, 2022 | 106 | Notice of Service (Exhibit A) (4) Docket Text: NOTICE OF SERVICE of Amended Subpoena to Testify at a Deposition to Jason Hutzler filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Feb 18, 2022 | 107 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Austin Storms on February 23, 2022 at 9AM (CT) filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Feb 16, 2022 | 103 | Amended Complaint* (1) |
| Feb 16, 2022 | 103 | Amended Complaint (Main Document) (24) Docket Text: Second AMENDED COMPLAINT against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara- filed by BearBox LLC, Austin Storms. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mayo, Andrew) (Additional attachment(s) added on 2/17/2022: # (3) Redline Comparison) (dlw). |
| Feb 16, 2022 | 103 | Amended Complaint (Exhibit A) (30) Docket Text: Second AMENDED COMPLAINT against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara- filed by BearBox LLC, Austin Storms. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mayo, Andrew) (Additional attachment(s) added on 2/17/2022: # (3) Redline Comparison) (dlw). |
| Feb 16, 2022 | 103 | Amended Complaint (Exhibit B) (3) Docket Text: Second AMENDED COMPLAINT against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara- filed by BearBox LLC, Austin Storms. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mayo, Andrew) (Additional attachment(s) added on 2/17/2022: # (3) Redline Comparison) (dlw). |
| Feb 16, 2022 | 103 | Amended Complaint (Redline Comparison) (27) Docket Text: Second AMENDED COMPLAINT against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara- filed by BearBox LLC, Austin Storms. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mayo, Andrew) (Additional attachment(s) added on 2/17/2022: # (3) Redline Comparison) (dlw). |
| Feb 16, 2022 | 104 | Notice to Take Deposition (1) Docket Text: NOTICE to Take Deposition of Michael McNamara on February 18, 2022 filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Feb 16, 2022 | 105 | Notice to Take Deposition (1) Docket Text: NOTICE to Take Deposition of Vitor Henrique on February 21, 2022 filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Feb 14, 2022 | 102 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Rachel Arndt on February 17, 2022 filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Feb 10, 2022 | 101 | Subpoena Returned Executed (3) Docket Text: SUBPOENA Returned Executed as to Jason Hutzler to appear at a deposition on 2/2/2022 (Stover, Chad) |
| Feb 8, 2022 | 100 | Subpoena Returned Executed (2) Docket Text: SUBPOENA Returned Executed as to GlidePath Power Solutions, LLC c/o Corporation Service Company on 2/4/2022 (Stover, Chad) |
| Feb 7, 2022 | 99 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Supplemental Objections and Responses to Defendants' Interrogatory Nos. 4 and 11 and Plaintiffs' Supplemental Objections and Responses to Defendants' Requests for Admission Nos. 1 and 2 filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Feb 3, 2022 | 98 | Notice of Service (Main Document) (2) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition to GlidePath Power Solutions LLC filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Feb 3, 2022 | 98 | Notice of Service (Exhibit A) (7) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition to GlidePath Power Solutions LLC filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Feb 2, 2022 | 97 | Order Adopting Report and Recommendations (1) Docket Text: ORDER ADOPTING [92] REPORT AND RECOMMENDATION GRANTING [32] Motion for Judgment on the Pleadings - IT IS HEREBY ORDERED that the [92] Report and Recommendation is ADOPTED and [32] Defendants' Motion for Judgment on the Pleadings is GRANTED. Counts III and IV of [19] Plaintiffs Amended Complaint are DISMISSED WITHOUT PREJUDICE and Count V is DISMISSED WITH PREJUDICE. Plaintiff is given leave to file a further amended complaint on or before February 16, 2022. Signed by Judge Maryellen Noreika on 2/2/2022. (dlw) |
| Jan 31, 2022 | 96 | Notice of Service (Main Document) (2) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition to Jason Hutzler filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Jan 31, 2022 | 96 | Notice of Service (Exhibit A) (4) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition to Jason Hutzler filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Jan 27, 2022 | 95 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Objections to Defendants' Rule 30(b)(6) Notice of Deposition of BearBox, LLC filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Jan 20, 2022 | 94 | Notice of Service (Main Document) (2) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition to Benjamin H. Hakes filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Jan 20, 2022 | 94 | Notice of Service (Exhibit A) (4) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition to Benjamin H. Hakes filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Jan 19, 2022 | 93 | Protective Order (6) Docket Text: Source Code ADDENDUM to Protective Order. Signed by Judge Christopher J. Burke on 1/18/2021. (dlb) |
| Jan 18, 2022 | 91 | Proposed Order (6) Docket Text: PROPOSED ORDER (Proposed Addendum to Protective Order to Address Source Code) by BearBox LLC. (Mayo, Andrew) |
| Jan 18, 2022 | 92 | Report and Recommendations (13) Docket Text: REPORT AND RECOMMENDATIONS re [32] MOTION for Judgment on the Pleadings filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 2/1/2022. Signed by Judge Christopher J. Burke on 1/18/2021. (dlb) |
| Jan 10, 2022 | 90 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Supplemental Initial Disclosures filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Jan 4, 2022 | 88 | Stipulation (2) Docket Text: STIPULATION to amend scheduling order by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Jan 4, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [88] Stipulation to amend Scheduling Order filed by BearBox LLC, Austin Storms. Ordered by Judge Christopher J. Burke on 1/4/2022. (mlc) |
| Dec 23, 2021 | 86 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of 1) Defendants' Supplemental Response to Plaintiffs' Interrogatory No. 3; 2) Defendants' Responses to Plaintiffs' Second Set of Requests for Production of Documents and Things (Nos. 31-41); and 3) Defendants Responses to Plaintiffs' Second Set of Interrogatories Directed to All Defendants (Nos. 6-16) filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Dec 23, 2021 | 87 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Plaintiffs' Objections and Responses to Defendants' Third Set of Requests for Production of Documents (Nos. 43-54), (ii) Plaintiffs' Objections and Responses to Defendants' Second Set of Requests for Admission (Nos. 34-41), and (iii) Plaintiffs' Objections and Responses to Defendants' Third Set of Interrogatories (Nos. 22-25) filed by BearBox LLC.(Mayo, Andrew) |
| Dec 15, 2021 | 85 | Notice of Service (Main Document) (2) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition to Benjamin H. Hakes filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Dec 15, 2021 | 85 | Notice of Service (Exhibit A) (4) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition to Benjamin H. Hakes filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Dec 2, 2021 | 84 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant Lancium, LLC's Objections to Plaintiffs' Notice of 30(b)(6) Deposition of Lancium, LLC filed by Lancium LLC.(Stover, Chad) |
| Nov 23, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [82] Stipulation to extend certain scheduling order deadlines filed by BearBox LLC, Austin Storms. Pretrial Conference and Trial deadlines remain unchanged. Ordered by Judge Christopher J. Burke on 11/23/2021. (dlb) |
| Nov 22, 2021 | 82 | Stipulation (2) Docket Text: STIPULATION to amend certain deadlines in scheduling order by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Nov 22, 2021 | 83 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Plaintiffs' Objections and Responses to Defendants' Second Set of Requests for Production of Documents (Nos. 12-42); (ii) Plaintiffs' Objections and Responses to Defendants' Second Set of Interrogatories (Nos. 10-21); and (iii) Plaintiffs' Objections and Responses to Defendants' First Set of Requests for Admission (Nos. 1-33) filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Nov 19, 2021 | 80 | Notice of Service (6) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition to Benjamin H. Hakes filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Nov 19, 2021 | 81 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Austin Storms on December 10, 2021 filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Nov 18, 2021 | 79 | Notice to Take Deposition (Main Document) (2) Docket Text: NOTICE to Take Deposition of Bearbox, LLC on December 9, 2021 at 9AM (ET) filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Nov 18, 2021 | 79 | Notice to Take Deposition (Exhibit A) (12) Docket Text: NOTICE to Take Deposition of Bearbox, LLC on December 9, 2021 at 9AM (ET) filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Nov 15, 2021 | 78 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants Lancium LLC, Michael T. McNamara, and Raymond E. Cline Jr.'s Third Set of Interrogatories to Plaintiffs (Nos. 22-25) (ii) Defendants Lancium LLC, Michael T. McNamara, and Raymond E. Cline Jr.'s Third Set of Requests to Produce to Plaintiffs and (iii) Defendants Lancium LLC, Michael T. McNamara, and Raymond E. Cline Jr.'s Second Requests for Admissions to Plaintiffs (Nos. 34-41) filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Nov 12, 2021 | 77 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Second Set of Requests for Production of Documents and Things to Defendants (Nos. 31-41); (2) Plaintiffs' Second Set of Interrogatories Directed to All Defendants (Nos. 6-16); and (3) Notice of Deposition of Lancium LLC filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Nov 10, 2021 | 76 | Affidavit of Service (2) Docket Text: AFFIDAVIT of Service for Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises served on Fortress Blockchain (US) Holdings Corp. on 11/4/2021, filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Nov 9, 2021 | 75 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Supplemental Objections and Responses to Defendants' First Set of Interrogatories (Nos. 1-9) filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Nov 4, 2021 | 74 | Notice of Service (Main Document) (2) Docket Text: NOTICE OF SERVICE of Subpoena to Produce Documents to Fortress Blockchain (US) Holdings Corp. filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Nov 4, 2021 | 74 | Notice of Service (Exhibit A) (29) Docket Text: NOTICE OF SERVICE of Subpoena to Produce Documents to Fortress Blockchain (US) Holdings Corp. filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A)(Stover, Chad) |
| Nov 3, 2021 | 72 | Affidavit of Service (2) Docket Text: AFFIDAVIT of Service for Subpoena to Testify at a Deposition served on Great American Mining, Inc. on 11/1/2021, filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Nov 3, 2021 | 73 | Affidavit of Service (2) Docket Text: AFFIDAVIT of Service for Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises served on Great American Mining, Inc. on 11/1/2021, filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Oct 29, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: DI 69 deleted per request of counsel, filed in incorrect case. (smg) |
| Oct 29, 2021 | 70 | Redacted Document (Main Document) (1) Docket Text: REDACTED VERSION of [62] Notice (Other), by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Stover, Chad) |
| Oct 29, 2021 | 70 | Redacted Document (Exhibit A) (20) Docket Text: REDACTED VERSION of [62] Notice (Other), by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Stover, Chad) |
| Oct 29, 2021 | 70 | Redacted Document (Exhibit B) (20) Docket Text: REDACTED VERSION of [62] Notice (Other), by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Stover, Chad) |
| Oct 29, 2021 | 70 | Redacted Document (Exhibit C) (20) Docket Text: REDACTED VERSION of [62] Notice (Other), by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Stover, Chad) |
| Oct 29, 2021 | 71 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [69] Notice of Service, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Stover, Chad) |
| Oct 29, 2021 | 71 | Redacted Document (Exhibit A) (5) Docket Text: REDACTED VERSION of [69] Notice of Service, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Stover, Chad) |
| Oct 29, 2021 | 71 | Redacted Document (Exhibit B) (30) Docket Text: REDACTED VERSION of [69] Notice of Service, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Stover, Chad) |
| Oct 25, 2021 | 66 | Affidavit of Service (2) Docket Text: AFFIDAVIT of Service for Subpoena to Produce Documents, Information, Or Objects or to Permit Inspection of Premises in a Civil Action and Schedule A served on GIidePath Power Solutions, LLC c/o Corporation Service Company on 10/15/2021, filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Oct 25, 2021 | 67 | Affidavit of Service (2) Docket Text: AFFIDAVIT of Service for Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises in a Civil Action and Subpoena A served on Pareto Real Estate Advisors, LLC on 10/18/2021, filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Oct 25, 2021 | 68 | Affidavit of Service (1) Docket Text: AFFIDAVIT of Service for Subpoena to Produce Documents, Information, Or Objects or to Permit Inspection of Premises in a Civil Action and Schedule A served on Benjamin H. Hakes on 10/19/2021, filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Oct 21, 2021 | 65 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants Lancium LLC, Michael T. McNamara, and Raymond E. Cline Jr.'s Second Set of Interrogatories to Plaintiffs (Nos. 10-18) and (ii) Defendants Lancium LLC, Michael T. McNamara, and Raymond E. Cline Jr.'s Second Set of Requests for Production to Plaintiffs and (iii) Defendants Lancium LLC, Michael T. McNamara, and Raymond E. Cline Jr.'s First Requests for Admissions to Plaintiffs (Nos. 1-33) filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Oct 18, 2021 | 64 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Notice of Subpoenas filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Oct 15, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The main document of the Notice of Service ([62]) has been replaced to add "CONFIDENTIAL - FILED UNDER SEAL" in the caption. (mdb) |
| Oct 15, 2021 | 61 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Andrew C. Mayo regarding request for claim construction hearing. (Mayo, Andrew) |
| Oct 15, 2021 | 63 | Letter (1) Docket Text: Letter to Judge Christopher J. Burke from Chad S.C. Stover regarding Claim Construction. (Stover, Chad) |
| Oct 11, 2021 | 60 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Supplemental Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-4) Directed to All Defendants filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Sep 13, 2021 | N/A | Remark re Newer Attorneys (0) Docket Text: REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (dlb) |
| Sep 13, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' August 31, 2021 letter regarding the need for a claim construction hearing, (D.I. 54), in light of the September 10, 2021 referral of the case, (D.I. 57), hereby ORDERS that Plaintiffs' request to extend the deadline for the parties to notify the Court whether or not claim construction is necessary in this case to October 15, 2021 is GRANTED. Ordered by Judge Christopher J. Burke on 9/13/2021. (dlb) |
| Sep 10, 2021 | 56 | Proposed Order (15) Docket Text: PROPOSED ORDER (Proposed Protective Order) by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Sep 10, 2021 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke - IT IS HEREBY ORDERED that this case, including the pending motion to dismiss, is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. § 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 21-534-MN-CJB. Signed by Judge Maryellen Noreika on 9/10/2021. (dlw) |
| Sep 10, 2021 | 58 | Protective Order (15) Docket Text: PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 9/10/2021. (dlb) |
| Sep 8, 2021 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Conference held on 9/8/2021. The Court heard argument from the parties regarding the protective order dispute, (D.I. 51). The Court ordered that Defendants' proposed provision be inserted into the parties' protective order, and further ordered the parties to submit a proposed protective order within three business days. The transcript of the teleconference shall serve as the substance of the Court's order. (Court Reporter Stacy Ingram (Hawkins). Clerk: M. Crawford) Appearances: A. Mayo, J. Labbe, B. Horton for Plaintiff; C. Stover, A. Kaufmann for Defendants. (mlc) |
| Sep 1, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [55] MOTION for Pro Hac Vice Appearance of Attorney Dana Amato Sarros filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. ORDERED by Judge Maryellen Noreika on 9/1/2021. (dlw) |
| Sep 1, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Dana A. Sarros for Raymond E. Cline, Jr, Lancium LLC, and Michael T. McNamara added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
| Aug 31, 2021 | 54 | Letter (1) Docket Text: Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding joint status report in connection with request for claim construction hearing. (Mayo, Andrew) |
| Aug 31, 2021 | 55 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Dana Amato Sarros - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)(Stover, Chad) |
| Aug 31, 2021 | 55 | Motion for Leave to Appear Pro Hac Vice (Certification by Counsel to be Admitted Pro Hac Vice) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Dana Amato Sarros - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)(Stover, Chad) |
| Aug 27, 2021 | 53 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Supplemental Objections and Responses to Defendants' First Set of Interrogatories (Nos. 1-9) filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Aug 25, 2021 | N/A | Motions Referred (0) Docket Text: MOTION REFERRED: [51] Joint MOTION for Teleconference to Resolve Protective Order Dispute Motion referred to Christopher J. Burke.(dlb) |
| Aug 25, 2021 | 51 | Motion for Miscellaneous Relief (1) Docket Text: Joint MOTION for Teleconference to Resolve Protective Order Dispute - filed by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Aug 25, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the case history in light of the August 24, 2021 referral, hereby ORDERS that going forward, the procedures for resolving a dispute relating to fact discovery shall be as follows: Should counsel find, after good faith efforts including verbal communication among Delaware and Lead Counsel for all parties to the dispute, that they are unable to resolve a discovery matter, the parties involved in the dispute shall submit a joint letter with the text set out in the Court's standard Rule 16 Scheduling Order for Patent Cases, which can be found in the "Forms" tab of Magistrate Judge Burke's page on the District Court's website. The moving party (i.e., the party seeking relief from the Court) should also file a Motion For Teleconference To Resolve Discovery Dispute. The suggested text for this motion can be found in the same Forms tab. The Court will thereafter set a discovery dispute telephone conference and letter briefing schedule. Ordered by Judge Christopher J. Burke on 8/25/2021. (dlb) |
| Aug 24, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER - IT IS HEREBY ORDERED that the current discovery dispute and all future FACT discovery disputes are referred to Judge Christopher J. Burke. Judge Burke will issue a further order regarding the logistics for the 9/8/2021 11:00 AM teleconference, including whether it will be held as scheduled or rescheduled. ORDERED by Judge Maryellen Noreika on 8/24/2021. (dlw) |
| Aug 24, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having been referred all fact discovery disputes in this case, hereby ORDERS as follows: (1) The currently-pending protective order discovery dispute will go forward on the same date and time as was previously scheduled by Judge Noreika.; (2) The parties should file a "Motion to Resolve Discovery Disputes" for the Court's administrative purposes. Some suggested text for this motion can be found in the Forms tab of Magistrate Judge Burke's page on the District Court's website.; (3) Additionally, by no later than September 2, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (4) It is possible that the Court may choose to resolve this dispute prior to the telephone conference and may, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 8/24/2021. (dlb) |
| Aug 23, 2021 | 48 | Letter (Main Document) (3) Docket Text: Joint Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding disputed provision in protective order. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) |
| Aug 23, 2021 | 48 | Letter (Text of Proposed Order) (13) Docket Text: Joint Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding disputed provision in protective order. (Attachments: # (1) Text of Proposed Order)(Mayo, Andrew) |
| Aug 5, 2021 | 47 | Request for Oral Argument (1) Docket Text: REQUEST for Oral Argument by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara re [32] MOTION for Judgment on the Pleadings . (Stover, Chad) |
| Jul 30, 2021 | 46 | Reply to Response to Motion (15) Docket Text: REPLY to Response to Motion re [32] MOTION for Judgment on the Pleadings filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Jul 28, 2021 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: Having been advised by the parties of their inability to resolve a protective order dispute, IT IS HEREBY ORDERED that a Telephone Conference is set for 9/8/2021 at 11:00 AM before Judge Maryellen Noreika. The joint 2-page letter attaching the protective order with the competing provisions included is due on or before 9/2/2021. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 7/28/2021. (dlw) |
| Jul 23, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Adam Kaufmann for Raymond E. Cline, Jr,Lancium LLC,and Michael T. McNamara added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk) |
| Jul 23, 2021 | 44 | Notice (Other) (2) Docket Text: NOTICE PF SERVICE of Defendants' Responses to Plaintiffs' First Set of Interrogatories Directed to All Defendants by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara (Stover, Chad) Modified on 7/23/2021 (dlw). |
| Jul 22, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [43] STIPULATION TO EXTEND TIME for Defendants to file a reply in support of their Motion for Judgment on the Pleadings to July 30, 2021 (Set Briefing Schedule: re [32] MOTION for Judgment on the Pleadings - Reply Brief due 7/30/2021). ORDERED by Judge Maryellen Noreika on 7/22/2021. (dlw) |
| Jul 22, 2021 | 43 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Defendants to file a reply in support of their Motion for Judgment on the Pleadings to July 30, 2021 - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Stover, Chad) |
| Jul 19, 2021 | 42 | Answering Brief in Opposition (24) Docket Text: ANSWERING BRIEF in Opposition re [32] MOTION for Judgment on the Pleadings filed by BearBox LLC, Austin Storms.Reply Brief due date per Local Rules is 7/26/2021. (Mayo, Andrew) |
| Jul 16, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [40] STIPULATION TO EXTEND TIME for the submission of a proposed protective order to July 23, 2021 filed by BearBox LLC, Austin Storms. Ordered by Judge Maryellen Noreika on 7/16/2021. (asw) |
| Jul 16, 2021 | 40 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the submission of a proposed protective order to July 23, 2021 - filed by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Jul 16, 2021 | 41 | Answer to Counterclaim (15) Docket Text: ANSWER to [28] Amended Answer to Complaint,, Counterclaim, by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Jul 12, 2021 | 38 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Initial Disclosures and Plaintiffs' Disclosures pursuant to Section 3 of the Court's Default Standard for Discovery filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Jul 12, 2021 | 39 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants' Initial Disclosures and (ii) Defendants' Disclosures Pursuant to Paragraph 3 of the Courts Default Standard for Discovery filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Jul 9, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [37] STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' Counterclaims to July 16, 2021. ORDERED by Judge Maryellen Noreika on 7/9/2021. (dlw) |
| Jul 9, 2021 | 37 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' Counterclaims to July 16, 2021 - filed by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Jul 8, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [36] MOTION for Pro Hac Vice Appearance of Attorney Adam M. Kaufmann filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. ORDERED by Judge Maryellen Noreika on 7/8/2021. (dlw) |
| Jul 8, 2021 | 36 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Adam M. Kaufmann - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)(Stover, Chad) |
| Jul 8, 2021 | 36 | Motion for Leave to Appear Pro Hac Vice (Certification by Counsel to be Admitted Pro Hac Vice) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Adam M. Kaufmann - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice)(Stover, Chad) |
| Jul 7, 2021 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel) |
| Jul 7, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Should any party (or all parties) desire to discuss mediation and its timing, the party(ies) shall contact Judge Thynge and her Law Clerk, Daniel Taylor (daniel_taylor@ded.uscourts.gov), to request that a teleconference be scheduled. Ordered by Judge Mary Pat Thynge on 7/7/2021. (Taylor, Daniel) |
| Jul 6, 2021 | 35 | Scheduling Order (10) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 11/1/2021. Amended Pleadings due by 11/1/2021. Fact Discovery completed by 12/14/2021. Opening Expert Reports due by 1/18/2022. Rebuttal Expert Reports due by 2/18/2022. Reply Expert Reports due by 3/5/2022. Expert Discovery due by 4/13/2022. Dispositive Motions due by 6/13/2022. A Pretrial Conference is set for 11/22/2022 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 4-day Jury Trial is set for 12/5/2022 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 7/6/2021. (dlw) |
| Jul 1, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [34] STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' Motion for Judgment on the Pleadings to July 19, 2021 (Set Briefing Schedule: re [32] MOTION for Judgment on the Pleadings - Answering Brief due 7/19/2021). ORDERED by Judge Maryellen Noreika on 7/1/2021. (dlw) |
| Jul 1, 2021 | 34 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' Motion for Judgment on the Pleadings to July 19, 2021 - filed by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Jun 29, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 33 has been replaced on the docket at the request of counsel. The track changes have now all been accepted. (dlw) |
| Jun 28, 2021 | 32 | Motion for Judgment on the Pleadings (Main Document) (2) Docket Text: MOTION for Judgment on the Pleadings - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order)(Stover, Chad) |
| Jun 28, 2021 | 32 | Motion for Judgment on the Pleadings (Text of Proposed Order) (1) Docket Text: MOTION for Judgment on the Pleadings - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Text of Proposed Order)(Stover, Chad) |
| Jun 28, 2021 | 33 | Opening Brief in Support (27) Docket Text: OPENING BRIEF in Support re [32] MOTION for Judgment on the Pleadings filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.Answering Brief/Response due date per Local Rules is 7/12/2021. (Stover, Chad) (Main Document 33 replaced on 6/29/2021) (dlw). |
| Jun 25, 2021 | 29 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Responses to Plaintiffs' Requests for Production of Documents and Things (Nos. 1-30) filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| Jun 25, 2021 | 30 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [28] Amended Answer to Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| Jun 25, 2021 | 30 | Redacted Document (Exhibit A) (30) Docket Text: REDACTED VERSION of [28] Amended Answer to Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| Jun 25, 2021 | 30 | Redacted Document (Exhibit B) (30) Docket Text: REDACTED VERSION of [28] Amended Answer to Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| Jun 25, 2021 | 30 | Redacted Document (Exhibit C) (3) Docket Text: REDACTED VERSION of [28] Amended Answer to Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| Jun 25, 2021 | 30 | Redacted Document (Exhibit D) (17) Docket Text: REDACTED VERSION of [28] Amended Answer to Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| Jun 25, 2021 | 31 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Objections and Responses to Defendants' First Set of Requests for Production of Documents (Nos. 1-11 and Plaintiffs' Objections and Responses to Defendants' First Set of Interrogatories (Nos. 1-9) filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Jun 24, 2021 | 27 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding proposed scheduling order. (Attachments: # (1) Proposed Scheduling Order)(Mayo, Andrew) |
| Jun 24, 2021 | 27 | Letter (Proposed Scheduling Order) (10) Docket Text: Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding proposed scheduling order. (Attachments: # (1) Proposed Scheduling Order)(Mayo, Andrew) |
| Jun 23, 2021 | 26 | Answer to Counterclaim (14) Docket Text: ANSWER to [23] Answer to Amended Complaint,, Counterclaim, by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Jun 9, 2021 | 25 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' First Set of Interrogatories Directed to all Defendants filed by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| Jun 4, 2021 | 24 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [23] Answer to Amended Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| Jun 4, 2021 | 24 | Redacted Document (Exhibit A) (30) Docket Text: REDACTED VERSION of [23] Answer to Amended Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| Jun 4, 2021 | 24 | Redacted Document (Exhibit B) (30) Docket Text: REDACTED VERSION of [23] Answer to Amended Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| Jun 4, 2021 | 24 | Redacted Document (Exhibit C) (3) Docket Text: REDACTED VERSION of [23] Answer to Amended Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| Jun 4, 2021 | 24 | Redacted Document (Exhibit D) (17) Docket Text: REDACTED VERSION of [23] Answer to Amended Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| May 27, 2021 | 22 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of i) Defendants Lancium LLC, Michael T. McNamara and Raymond E. Cline, Jr.'s First Set of Requests to Produce to Plaintiffs and ii) Defendants Lancium LLC, Michael T. McNamara and Raymond E. Cline, Jr.'s First Set of Interrogatories to Plaintiffs filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara.(Stover, Chad) |
| May 25, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms (last updated 4/2021)). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 5/25/2021. (dlw) |
| May 24, 2021 | 19 | Amended Complaint* (1) |
| May 24, 2021 | 19 | Amended Complaint (Main Document) (17) Docket Text: AMENDED COMPLAINT against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara- filed by Austin Storms, BearBox LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mayo, Andrew) (Additional attachment(s) added on 5/25/2021: # (3) Redline Comparison) (dlw). |
| May 24, 2021 | 19 | Amended Complaint (Exhibit A) (30) Docket Text: AMENDED COMPLAINT against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara- filed by Austin Storms, BearBox LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mayo, Andrew) (Additional attachment(s) added on 5/25/2021: # (3) Redline Comparison) (dlw). |
| May 24, 2021 | 19 | Amended Complaint (Exhibit B) (3) Docket Text: AMENDED COMPLAINT against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara- filed by Austin Storms, BearBox LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mayo, Andrew) (Additional attachment(s) added on 5/25/2021: # (3) Redline Comparison) (dlw). |
| May 24, 2021 | 19 | Amended Complaint (Redline Comparison) (21) Docket Text: AMENDED COMPLAINT against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara- filed by Austin Storms, BearBox LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mayo, Andrew) (Additional attachment(s) added on 5/25/2021: # (3) Redline Comparison) (dlw). |
| May 24, 2021 | 20 | Answer to Counterclaim (14) Docket Text: ANSWER to [13] Answer to Complaint,, Counterclaim, by BearBox LLC, Austin Storms.(Mayo, Andrew) |
| May 12, 2021 | 18 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [13] Answer to Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| May 12, 2021 | 18 | Redacted Document (Exhibit A) (30) Docket Text: REDACTED VERSION of [13] Answer to Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| May 12, 2021 | 18 | Redacted Document (Exhibit B) (30) Docket Text: REDACTED VERSION of [13] Answer to Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| May 12, 2021 | 18 | Redacted Document (Exhibit C) (3) Docket Text: REDACTED VERSION of [13] Answer to Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| May 12, 2021 | 18 | Redacted Document (Exhibit D) (17) Docket Text: REDACTED VERSION of [13] Answer to Complaint,, Counterclaim, by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Stover, Chad) |
| May 6, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Mark C. Nelson for Raymond E. Cline, Jr, Lancium LLC, and Michael T. McNamara added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| May 4, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [17] MOTION for Pro Hac Vice Appearance of Attorney Mark C. Nelson filed by Raymond E. Cline, Jr., Michael T. McNamara, Lancium LLC. ORDERED by Judge Maryellen Noreika on 5/4/2021. (mdb) |
| May 4, 2021 | N/A | Order on Motion to Seal Document (0) Docket Text: ORAL ORDER GRANTING [14] Motion to Seal Document - IT IS HEREBY ORDERED that the motion is GRANTED. Defendants' shall file a redacted version within seven (7) days. ORDERED by Judge Maryellen Noreika on 5/4/2021. (dlw) |
| May 4, 2021 | 17 | Motion for Leave to Appear Pro Hac Vice (Main Document) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mark C. Nelson - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice (Mark C. Nelson))(Stover, Chad) |
| May 4, 2021 | 17 | Motion for Leave to Appear Pro Hac Vice (Certification by Counsel to be Admitted Pro Hac Vice (Mark C. Nelson)) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mark C. Nelson - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Certification by Counsel to be Admitted Pro Hac Vice (Mark C. Nelson))(Stover, Chad) |
| May 3, 2021 | 14 | Motion to Seal Document (Main Document) (2) Docket Text: MOTION to Seal Document: [13] Answer to Complaint,, Counterclaim, - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order)(Stover, Chad) |
| May 3, 2021 | 14 | Motion to Seal Document (Exhibit A) (3) Docket Text: MOTION to Seal Document: [13] Answer to Complaint,, Counterclaim, - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order)(Stover, Chad) |
| May 3, 2021 | 14 | Motion to Seal Document (Text of Proposed Order) (1) Docket Text: MOTION to Seal Document: [13] Answer to Complaint,, Counterclaim, - filed by Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order)(Stover, Chad) |
| May 3, 2021 | 15 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Lancium Technologies Corporation, Other Affiliate SBI Crypto Investment Company Ltd. for Lancium LLC filed by Lancium LLC. (Stover, Chad) |
| Apr 29, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney John R. Labbe for BearBox LLC and Austin Storms added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Apr 28, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Benjamin T. Horton, Raymond R. Ricordati, III, Chelsea M. Murray for BearBox LLC and Austin Storms added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Apr 27, 2021 | 12 | Return of Service Executed (1) Docket Text: Return of Service Executed re: D.I. [10] Postal Receipts. (kmd) |
| Apr 23, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [11] MOTION for Pro Hac Vice Appearance of Attorney Benjamin T. Horton, John R. Labbe, Raymond R. Ricordati, III, and Chelsea M. Murray filed by BearBox LLC, Austin Storms. ORDERED by Judge Maryellen Noreika on 4/23/2021. (dlw) |
| Apr 23, 2021 | 11 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Benjamin T. Horton, John R. Labbe, Raymond R. Ricordati, III, and Chelsea M. Murray - filed by BearBox LLC, Austin Storms. (Mayo, Andrew) |
| Apr 21, 2021 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Apr 15, 2021 | 10 | Proof of Mailing (3) Docket Text: Postal Receipt(s) for the mailing of process to Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara. (kmd) |
| Apr 14, 2021 | 1 | Complaint* (1) |
| Apr 14, 2021 | 1 | Complaint (Main Document) (21) Docket Text: COMPLAINT filed with Jury Demand against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3592779.) - filed by BearBox LLC, Austin Storms. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Civil Cover Sheet)(sam) |
| Apr 14, 2021 | 1 | Complaint (Exhibit A) (30) Docket Text: COMPLAINT filed with Jury Demand against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3592779.) - filed by BearBox LLC, Austin Storms. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Civil Cover Sheet)(sam) |
| Apr 14, 2021 | 1 | Complaint (Exhibit B) (3) Docket Text: COMPLAINT filed with Jury Demand against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3592779.) - filed by BearBox LLC, Austin Storms. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Civil Cover Sheet)(sam) |
| Apr 14, 2021 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT filed with Jury Demand against Raymond E. Cline, Jr, Lancium LLC, Michael T. McNamara - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3592779.) - filed by BearBox LLC, Austin Storms. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Civil Cover Sheet)(sam) |
| Apr 14, 2021 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sam) |
| Apr 14, 2021 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number 10,608,433. (sam) |
| Apr 14, 2021 | 4 | Summons Issued - Electronic (2) Docket Text: Summonses Issued (please complete the top portion of the form and print out for use/service). (sam) |
| Apr 14, 2021 | 5 | Praecipe (2) Docket Text: PRAECIPE filed by Andrew Colin Mayo on behalf of BearBox LLC, Austin Storms requesting Clerk to issue certified papers for service (Mayo, Andrew) |
| Apr 14, 2021 | 6 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by BearBox LLC. (Mayo, Andrew) |
| Apr 14, 2021 | 7 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by BearBox LLC, Austin Storms. Lancium LLC served on 4/14/2021, answer due 5/5/2021. (Mayo, Andrew) |
| Apr 14, 2021 | 8 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by BearBox LLC, Austin Storms. Michael T. McNamara served on 4/14/2021, answer due 5/5/2021. (Mayo, Andrew) |
| Apr 14, 2021 | 9 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by BearBox LLC, Austin Storms. Raymond E. Cline, Jr served on 4/14/2021, answer due 5/5/2021. (Mayo, Andrew) |
