Case number 3:20-cv-00504
CPI Security Systems, Inc. v. Vivint Smart Home, Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 21, 2023 | 166 | ORDER granting 162 Motion for Supersedeas Bond in the amount of $189,700,000.00. Signed by District Judge Frank D. Whitney on 3/21/23. (clc) (Entered: 03/21/2023) (1) |
| Mar 21, 2023 | 167 | RESPONSE in Opposition re 157 MOTION to Alter Judgment to Add Pre-Judgment and Post-Judgment Interest by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Replies due by 3/28/2023 (Erteschik, Andrew) (Entered: 03/21/2023) (9) |
| Mar 20, 2023 | 163 | Joint MOTION for Extension of Time to File Response/Reply re: 160 MOTION to Alter Judgment MOTION for New Trial MOTION for Judgment NOV MOTION for Judgment as a Matter of Law by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 4/3/2023 (Attachments: # 1 Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer. (Entered: 03/20/2023) (Main Document) (6) |
| Mar 20, 2023 | 164 | REPLY to Response to Motion re 153 Pro Se MOTION for Transcripts by Movant Christie Smythe. (Attachment: # 1 Envelope)(mek) (Entered: 03/20/2023) (Main Document) (2) |
| Mar 20, 2023 | 165 | ORDER granting in part and denying in part 153 Motion for Transcripts. Specifically, after the transcript is completed, filed by the court reporter, and redactions are completed, Smythe may order the transcript or a portion thereof and submit payment as directed by the Clerks Office. Signed by Magistrate Judge David S. Cayer on 3/20/2023. (Pro se litigant served by US Mail.)(brl) (Entered: 03/20/2023) (2) |
| Mar 20, 2023 | 163 | Joint MOTION for Extension of Time to File Response/Reply re: 160 MOTION to Alter Judgment MOTION for New Trial MOTION for Judgment NOV MOTION for Judgment as a Matter of Law by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 4/3/2023 (Attachments: # 1 Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer. (Entered: 03/20/2023) (Proposed Order) (1) |
| Mar 20, 2023 | 164 | REPLY to Response to Motion re 153 Pro Se MOTION for Transcripts by Movant Christie Smythe. (Attachment: # 1 Envelope)(mek) (Entered: 03/20/2023) (Envelope) (1) |
| Mar 17, 2023 | 158 | NOTICE of Appearance by Matthew W. Sawchak on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Sawchak, Matthew) (Entered: 03/17/2023) (2) |
| Mar 17, 2023 | 159 | NOTICE of Appearance by Erik R. Zimmerman on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Zimmerman, Erik) (Entered: 03/17/2023) (2) |
| Mar 17, 2023 | 160 | MOTION to Alter Judgment , MOTION for New Trial , MOTION for Judgment NOV , MOTION for Judgment as a Matter of Law by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. Responses due by 3/31/2023 (Sawchak, Matthew). Modified on 3/20/2023 to remove referral (mek). (Entered: 03/17/2023) (3) |
| Mar 17, 2023 | 161 | MEMORANDUM in Support re 160 MOTION to Alter Judgment MOTION for New Trial MOTION for Judgment NOV MOTION for Judgment as a Matter of Law by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Sawchak, Matthew) (Entered: 03/17/2023) (30) |
| Mar 17, 2023 | 162 | Joint MOTION for Bond Approval by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 3/31/2023 (Attachments: # 1 Proposed Order) (Erteschik, Andrew). Modified on 3/21/2023 to remove referral (mek). (Entered: 03/17/2023) (Main Document) (5) |
| Mar 17, 2023 | 162 | Joint MOTION for Bond Approval by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 3/31/2023 (Attachments: # 1 Proposed Order) (Erteschik, Andrew). Modified on 3/21/2023 to remove referral (mek). (Entered: 03/17/2023) (Proposed Order) (1) |
| Mar 7, 2023 | 154 | ORDER denying 152 Joint MOTION for Extension of Time to file: (1) Vivint's brief in support of its post-trial motions; and (2) CPI's motion for attorneys' fees and costs, as well as the brief in support of that motion . Signed by District Judge Frank D. Whitney on 3/6/23. (Pro se litigant served by US Mail.)(clc) (Entered: 03/07/2023) (3) |
| Mar 7, 2023 | 155 | RESPONSE to Motion re 153 MOTION for Transcripts by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Replies due by 3/14/2023 (Erteschik, Andrew) (Entered: 03/07/2023) (3) |
| Mar 7, 2023 | 156 | RESPONSE to Motion re 153 MOTION for Transcripts by CPI Security Systems, Inc.. Replies due by 3/14/2023 (Gieser, Caroline) (Entered: 03/07/2023) (4) |
| Mar 7, 2023 | 157 | MOTION to Alter Judgment to Add Pre-Judgment and Post-Judgment Interest by CPI Security Systems, Inc.. Responses due by 3/21/2023 (Gieser, Caroline) (Entered: 03/07/2023) (8) |
| Mar 3, 2023 | 153 | Pro Se MOTION for Transcripts by Christie Smythe. Responses due by 3/17/2023 (Attachments: # 1 Envelope) (tlj). Motions referred to David S. Cayer. (Entered: 03/06/2023) (Main Document) (6) |
| Mar 3, 2023 | 153 | Pro Se MOTION for Transcripts by Christie Smythe. Responses due by 3/17/2023 (Attachments: # 1 Envelope) (tlj). Motions referred to David S. Cayer. (Entered: 03/06/2023) (Envelope) (1) |
| Mar 2, 2023 | 152 | Joint MOTION for Extension of Time to file: (1) Vivint's brief in support of its post-trial motions; and (2) CPI's motion for attorneys' fees and costs, as well as the brief in support of that motion by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 3/16/2023 (Attachments: # 1 Proposed Order) (Erteschik, Andrew). Modified on 3/6/2023 to remove referral (mek). (Entered: 03/02/2023) (Main Document) (7) |
| Mar 2, 2023 | 152 | Joint MOTION for Extension of Time to file: (1) Vivint's brief in support of its post-trial motions; and (2) CPI's motion for attorneys' fees and costs, as well as the brief in support of that motion by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 3/16/2023 (Attachments: # 1 Proposed Order) (Erteschik, Andrew). Modified on 3/6/2023 to remove referral (mek). (Entered: 03/02/2023) (Proposed Order) (1) |
| Feb 28, 2023 | 151 | Unopposed MOTION for Extension of Time to File Motion for Attorney's Fees and Related Non-Taxable Expenses by CPI Security Systems, Inc.. Responses due by 3/14/2023 (Gieser, Caroline). Motions referred to David S. Cayer. (Entered: 02/28/2023) (6) |
| Feb 17, 2023 | 148 | JURY VERDICT (Attachments: # 1 Unredacted Signature Page)(clc) (Entered: 02/17/2023) (Main Document) (5) |
| Feb 17, 2023 | 149 | CLERK'S JUDGMENT is hereby entered in accordance with the Jury's Verdict dated 2/17/23. Signed by Clerk, Frank G. Johns. (clc) (Entered: 02/17/2023) (1) |
| Feb 17, 2023 | 150 | REPORT on the Determination of an action regarding patent and/or trademark numbers contained in complaint. (clc) (Entered: 02/21/2023) (1) |
| Feb 8, 2023 | 144 | TRIAL BRIEF Vivint's Supplemental Brief on Hearsay Records of Customer Complaints by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.(Durnovich, John) (Entered: 02/08/2023) (8) |
| Feb 8, 2023 | 145 | TRIAL BRIEF REGARDING EXHIBIT P50 by CPI Security Systems, Inc.(Gieser, Caroline) (Entered: 02/08/2023) (6) |
| Feb 8, 2023 | 146 | Proposed Jury Instructions by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.(Durnovich, John) (Entered: 02/08/2023) (20) |
| Feb 8, 2023 | 147 | Proposed Jury Instructions by CPI Security Systems, Inc. (Attachments: # 1 Exhibit Proposed Jury Instructions (with citations), # 2 Exhibit Proposed Jury Instructions (clean), # 3 Exhibit Proposed Verdict Form, # 4 Exhibit Final Jury Instructions Alder v. ADT)(Gieser, Caroline) (Entered: 02/08/2023) (Main Document) (4) |
| Feb 8, 2023 | 147 | Proposed Jury Instructions by CPI Security Systems, Inc. (Attachments: # 1 Exhibit Proposed Jury Instructions (with citations), # 2 Exhibit Proposed Jury Instructions (clean), # 3 Exhibit Proposed Verdict Form, # 4 Exhibit Final Jury Instructions Alder v. ADT)(Gieser, Caroline) (Entered: 02/08/2023) (Exhibit Proposed Jury Instructions (with citations)) (24) |
| Feb 8, 2023 | 147 | Proposed Jury Instructions by CPI Security Systems, Inc. (Attachments: # 1 Exhibit Proposed Jury Instructions (with citations), # 2 Exhibit Proposed Jury Instructions (clean), # 3 Exhibit Proposed Verdict Form, # 4 Exhibit Final Jury Instructions Alder v. ADT)(Gieser, Caroline) (Entered: 02/08/2023) (Exhibit Proposed Jury Instructions (clean)) (17) |
| Feb 8, 2023 | 147 | Proposed Jury Instructions by CPI Security Systems, Inc. (Attachments: # 1 Exhibit Proposed Jury Instructions (with citations), # 2 Exhibit Proposed Jury Instructions (clean), # 3 Exhibit Proposed Verdict Form, # 4 Exhibit Final Jury Instructions Alder v. ADT)(Gieser, Caroline) (Entered: 02/08/2023) (Exhibit Proposed Verdict Form) (4) |
| Feb 8, 2023 | 147 | Proposed Jury Instructions by CPI Security Systems, Inc. (Attachments: # 1 Exhibit Proposed Jury Instructions (with citations), # 2 Exhibit Proposed Jury Instructions (clean), # 3 Exhibit Proposed Verdict Form, # 4 Exhibit Final Jury Instructions Alder v. ADT)(Gieser, Caroline) (Entered: 02/08/2023) (Exhibit Final Jury Instructions Alder v. ADT) (27) |
| Feb 3, 2023 | 139 | Exhibit List Defendants' Trial Exhibit List (With CPI's Objections) by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc..(Durnovich, John) (Entered: 02/03/2023) (17) |
| Feb 3, 2023 | 140 | MOTION to Quash PLAINTIFF CPI SECURITY SYSTEMS, INC.S MOTION TO QUASH THE TRIAL SUBPOENA TO ITS CEO KENNETH GILL, OR IN THE ALTERNATIVE TO COMPEL VIVINTS CEOS TESTIMONY by CPI Security Systems, Inc.. Responses due by 2/17/2023 (Attachments: # 1 Exhibit A - Notice of Depo of Kenneth Gill, # 2 Exhibit B - Notice of Depo of David H. Bywater, # 3 Exhibit C - Trial Subpoena to Kenneth Gill) (Gieser, Caroline). Modified on 2/7/2023 to remove referral (mek). (Entered: 02/03/2023) (Main Document) (12) |
| Feb 3, 2023 | 141 | NOTICE of Appearance by Paul A. Tharp on behalf of Eric Schachner (Tharp, Paul) (Entered: 02/03/2023) (2) |
| Feb 3, 2023 | 142 | MOTION to Quash trial subpoena by Eric Schachner. Responses due by 2/17/2023 (Tharp, Paul). Modified on 2/7/2023 to remove referral (mek). (Entered: 02/03/2023) (2) |
| Feb 3, 2023 | 143 | MEMORANDUM in Support re 142 MOTION to Quash trial subpoena by Eric Schachner. (Tharp, Paul) (Entered: 02/03/2023) (7) |
| Feb 3, 2023 | 140 | MOTION to Quash PLAINTIFF CPI SECURITY SYSTEMS, INC.S MOTION TO QUASH THE TRIAL SUBPOENA TO ITS CEO KENNETH GILL, OR IN THE ALTERNATIVE TO COMPEL VIVINTS CEOS TESTIMONY by CPI Security Systems, Inc.. Responses due by 2/17/2023 (Attachments: # 1 Exhibit A - Notice of Depo of Kenneth Gill, # 2 Exhibit B - Notice of Depo of David H. Bywater, # 3 Exhibit C - Trial Subpoena to Kenneth Gill) (Gieser, Caroline). Modified on 2/7/2023 to remove referral (mek). (Entered: 02/03/2023) (Exhibit A - Notice of Depo of Kenneth Gill) (4) |
| Feb 3, 2023 | 140 | MOTION to Quash PLAINTIFF CPI SECURITY SYSTEMS, INC.S MOTION TO QUASH THE TRIAL SUBPOENA TO ITS CEO KENNETH GILL, OR IN THE ALTERNATIVE TO COMPEL VIVINTS CEOS TESTIMONY by CPI Security Systems, Inc.. Responses due by 2/17/2023 (Attachments: # 1 Exhibit A - Notice of Depo of Kenneth Gill, # 2 Exhibit B - Notice of Depo of David H. Bywater, # 3 Exhibit C - Trial Subpoena to Kenneth Gill) (Gieser, Caroline). Modified on 2/7/2023 to remove referral (mek). (Entered: 02/03/2023) (Exhibit B - Notice of Depo of David H. Bywater) (5) |
| Feb 3, 2023 | 140 | MOTION to Quash PLAINTIFF CPI SECURITY SYSTEMS, INC.S MOTION TO QUASH THE TRIAL SUBPOENA TO ITS CEO KENNETH GILL, OR IN THE ALTERNATIVE TO COMPEL VIVINTS CEOS TESTIMONY by CPI Security Systems, Inc.. Responses due by 2/17/2023 (Attachments: # 1 Exhibit A - Notice of Depo of Kenneth Gill, # 2 Exhibit B - Notice of Depo of David H. Bywater, # 3 Exhibit C - Trial Subpoena to Kenneth Gill) (Gieser, Caroline). Modified on 2/7/2023 to remove referral (mek). (Entered: 02/03/2023) (Exhibit C - Trial Subpoena to Kenneth Gill) (4) |
| Feb 2, 2023 | 136 | Miscellaneous Filing by CPI Security Systems, Inc.. PLAINTIFF CPI SECURITY SYSTEMS, INC.S SUPPLEMENTAL DEPOSITION DESIGNATIONS OF TESTIMONY TAKEN SUBSEQUENT TO THE JOINT PRETRIAL SUBMISSION (Gieser, Caroline) (Entered: 02/02/2023) (9) |
| Feb 2, 2023 | 137 | Exhibit List PLAINTIFF CPI SECURITY SYSTEMS, INC.S AMENDED TRIAL EXHIBIT LIST (WITH DEFENDANTS OBJECTIONS) by CPI Security Systems, Inc..(Gieser, Caroline) (Entered: 02/02/2023) (30) |
| Feb 2, 2023 | 138 | Miscellaneous Filing by CPI Security Systems, Inc.. PLAINTIFF CPI SECURITY SYSTEMS, INC.S AMENDED TRIAL WITNESS LIST (Gieser, Caroline) (Entered: 02/02/2023) (13) |
| Jan 30, 2023 | 134 | Witness List (Sealed - Participants) by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.(Durnovich, John) (Entered: 01/30/2023) (0) |
| Jan 30, 2023 | 135 | Miscellaneous Filing by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Supplemental Objection to Janet Newmark Deposition Transcript (Durnovich, John) (Entered: 01/30/2023) (3) |
| Dec 6, 2022 | 133 | TRANSCRIPT of Pretrial Conference held on 12/1/22 before Judge Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 3/3/2023. (kac) (Entered: 12/06/2022) (20) |
| Dec 1, 2022 | 132 | ORDER granting 131 Motion for Leave to Appear Pro Hac Vice added Jason Robert Scott for CPI Security Systems, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 11/30/2022. (mek) (Entered: 12/01/2022) (1) |
| Nov 30, 2022 | 131 | MOTION for Leave to Appear Pro Hac Vice as to Jason Robert Scott Filing fee $ 288, receipt number ANCWDC-5846235. by CPI Security Systems, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing of Jason Scott) (Gieser, Caroline). Motions referred to David S. Cayer. (Entered: 11/30/2022) (Main Document) (3) |
| Nov 30, 2022 | 131 | MOTION for Leave to Appear Pro Hac Vice as to Jason Robert Scott Filing fee $ 288, receipt number ANCWDC-5846235. by CPI Security Systems, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing of Jason Scott) (Gieser, Caroline). Motions referred to David S. Cayer. (Entered: 11/30/2022) (Exhibit Certificate of Good Standing of Jason Scott) (1) |
| Nov 17, 2022 | 130 | ORDER and NOTICE OF HEARING, ( Final Pretrial Conference set for 12/1/2022 10:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 11/17/22. (clc) (Entered: 11/17/2022) (1) |
| Nov 16, 2022 | 129 | MOTION to Withdraw as Attorney of Erin Fishman by CPI Security Systems, Inc.. Responses due by 11/30/2022 (Gieser, Caroline). Motions referred to David S. Cayer. (Entered: 11/16/2022) (3) |
| Aug 22, 2022 | 128 | ORDER sua sponte as to the trial setting in this case. ( Final Pretrial Conference set for 2/6/2023 09:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney., Jury Trial set for 2/6/2023 09:30 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 8/22.22. (clc) (Entered: 08/22/2022) (1) |
| Jun 10, 2022 | 127 | Order on Motion to Vacate (1) Docket Text:ORDER granting [126] Consent MOTION to Vacate Peremptory Trial setting and for a Status Conference. Signed by District Judge Frank D. Whitney on 6/10/22. (clc) |
| Jun 9, 2022 | 126 | Motion to Vacate (4) Docket Text: Consent MOTION to Vacate Trial and for a Status Conference by CPI Security Systems, Inc.. Responses due by 6/23/2022 (Gieser, Caroline). Motions referred to David S. Cayer. |
| Apr 8, 2022 | N/A | Motion Hearing (0) Docket Text: Minute Entry: MOTION HEARING held before District Judge Frank D. Whitney. Re [116] MOTION in Limine , [102] MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL. Plaintiffs attorney: Charles Eblen & Caroline Gieser. Defendants attorney: Andrew Erteschick, Matthew Steward & Michael Kreitzer. Court reporter: Jill Turner. (clc) |
| Apr 7, 2022 | 124 | Miscellaneous Filing (3) Docket Text: Miscellaneous Filing by CPI Security Systems, Inc.. re: [81] Miscellaneous Filing,,, PLAINTIFF CPI SECURITY SYSTEMS, INC.S SUPPLEMENTAL TRIAL WITNESS DISCLOSURE (Gieser, Caroline) |
| Mar 28, 2022 | 123 | Order on Motion in Limine (1) Docket Text:ORDER granting in part and denying in part [102] Motion in Limine; denying [116] Motion in Limine. Signed by District Judge Frank D. Whitney on 3/28/22. (clc) |
| Feb 18, 2022 | 122 | Order Setting Hearing on Motion (1) Docket Text:ORDER Setting Hearing on Motion [102] MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL, [116] MOTION in Limine : Motion Hearing set for 3/25/2022 02:00 PM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.. Signed by District Judge Frank D. Whitney on 2/18/22. (clc) |
| Feb 4, 2022 | 121 | Order (1) Docket Text:ORDER sua sponte as to the trial setting in this matter, which is currently scheduled to begin February 14, 2022. Given the ongoing spike of the coronavirus pandemic in the United States and the State of North Carolina, and the length of time anticipated for trial, the Court hereby continues trial in this matter to June 13, 2022. ( Jury Trial RESET for 6/13/2022 09:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 2/4/22. (clc) |
| Feb 1, 2022 | 119 | Main Document (294) Docket Text: Miscellaneous Filing by CPI Security Systems, Inc.. re: [113] Miscellaneous Filing, [81] Miscellaneous Filing,,, PLAINTIFF'S AMENDED DEPOSITION DESIGNATIONS (WITH DEFENDANTS' OBJECTIONS AND COUNTER DESIGNATIONS) (Attachments: # (1) Exhibit CPI's Amended Deposition Designations with Redlines to Reflect Changes)(Gieser, Caroline) |
| Feb 1, 2022 | 119 | Exhibit CPI's Amended Deposition Designations with Redlines to Reflect Chan (309) |
| Feb 1, 2022 | 120 | Main Document (13) Docket Text: Miscellaneous Filing by CPI Security Systems, Inc.. re: [113] Miscellaneous Filing, PLAINTIFF CPI SECURITY SYSTEMS, INC.S AMENDED SUPPLEMENTAL DEPOSITION DESIGNATIONS OF TESTIMONY TAKEN SUBSEQUENT TO THE JOINT PRETRIAL SUBMISSION (Attachments: # (1) Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S AMENDED SUPPLEMENTAL DEPOSITION DESIGNATIONS OF TESTIMONY TAKEN SUBSEQUENT TO THE JOINT PRETRIAL SUBMISSION WITH REDLINES TO REFLECT CHANGES)(Gieser, Caroline) |
| Feb 1, 2022 | 120 | Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S AMENDED SUPPLEMENTAL DEPOSITION DE (13) |
| Jan 25, 2022 | 118 | Main Document (15) Docket Text: MEMORANDUM in Opposition re [116] MOTION in Limine by CPI Security Systems, Inc.. Replies due by 2/1/2022 (Attachments: # (1) Exhibit Vivint MIL to Admit Customer Audio, # (2) Exhibit Order Granting Vivint MIL in Vivint v. Elite, # (3) Exhibit Middlebrooks Ruling Admitting Customer Complaint Records and Vivint Statements, # (4) Exhibit Tr Ex P616 - Vivint Memorandum RE Customer Complaint Statistics, # (5) Exhibit Middlebrooks Ruling RE Rule 404 Evidence in ADT v. Vivint)(Gieser, Caroline) |
| Jan 25, 2022 | 118 | Exhibit Vivint MIL to Admit Customer Audio (16) |
| Jan 25, 2022 | 118 | Exhibit Order Granting Vivint MIL in Vivint v. Elite (3) |
| Jan 25, 2022 | 118 | Exhibit Middlebrooks Ruling Admitting Customer Complaint Records and Vivint Stat (4) |
| Jan 25, 2022 | 118 | Exhibit Tr Ex P616 - Vivint Memorandum RE Customer Complaint Statistics (30) |
| Jan 25, 2022 | 118 | Exhibit Middlebrooks Ruling RE Rule 404 Evidence in ADT v. Vivint (4) |
| Jan 18, 2022 | 116 | Motion in Limine (3) Docket Text: MOTION in Limine by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 2/1/2022 (Erteschik, Andrew) |
| Jan 18, 2022 | 117 | Main Document (14) Docket Text: MEMORANDUM in Support re [116] MOTION in Limine by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: # (1) Exhibit 1 - Call Transcript Ricky, # (2) Exhibit 2 - Call Transcript Quinn, # (3) Exhibit 3 - Call Transcript Lott, # (4) Exhibit 4 - Lott Declaration, # (5) Exhibit 5 - Call Transcript Ashley, # (6) Exhibit 6 - Voicemail Transcript Ashley, # (7) Exhibit 7 - Call Transcript Love, # (8) Exhibit 8 - Call Transcript Douglas, # (9) Exhibit 9 - Depo Excerpts Shocknesse, # (10) Exhibit 10 - Depo Excerpts Hinton, # (11) Exhibit 11 - Depo Excerpts Newmark, # (12) Exhibit 12 - Depo Excerpts Ward, # (13) Exhibit 13 - CPI's 2nd Supp R. 26(a)(1) Disclosures, # (14) Exhibit 14 - Vivint's 5-5-21 Deficiency Letter to CPI, # (15) Exhibit 15 - Vivint's 6-30-21 Deficiency Letter to CPI)(Erteschik, Andrew) |
| Jan 18, 2022 | 117 | Exhibit 1 - Call Transcript Ricky (7) |
| Jan 18, 2022 | 117 | Exhibit 2 - Call Transcript Quinn (7) |
| Jan 18, 2022 | 117 | Exhibit 3 - Call Transcript Lott (24) |
| Jan 18, 2022 | 117 | Exhibit 4 - Lott Declaration (4) |
| Jan 18, 2022 | 117 | Exhibit 5 - Call Transcript Ashley (13) |
| Jan 18, 2022 | 117 | Exhibit 6 - Voicemail Transcript Ashley (3) |
| Jan 18, 2022 | 117 | Exhibit 7 - Call Transcript Love (7) |
| Jan 18, 2022 | 117 | Exhibit 8 - Call Transcript Douglas (15) |
| Jan 18, 2022 | 117 | Exhibit 9 - Depo Excerpts Shocknesse (6) |
| Jan 18, 2022 | 117 | Exhibit 10 - Depo Excerpts Hinton (13) |
| Jan 18, 2022 | 117 | Exhibit 11 - Depo Excerpts Newmark (8) |
| Jan 18, 2022 | 117 | Exhibit 12 - Depo Excerpts Ward (11) |
| Jan 18, 2022 | 117 | Exhibit 13 - CPI's 2nd Supp R. 26(a)(1) Disclosures (11) |
| Jan 18, 2022 | 117 | Exhibit 14 - Vivint's 5-5-21 Deficiency Letter to CPI (11) |
| Jan 18, 2022 | 117 | Exhibit 15 - Vivint's 6-30-21 Deficiency Letter to CPI (3) |
| Jan 14, 2022 | 114 | Transcript (48) Docket Text: TRANSCRIPT of Motions Hearing held on 01/10/2022 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 4/11/2022. (kac) |
| Jan 14, 2022 | 115 | Order on Motion in Limine (2) Docket Text:ORDER denying without prejudice [86] Motion in Limine; denying denying without prejudice [88] Motion in Limine; denying without prejudice [90] Motion in Limine; denying without prejudice [92] Motion in Limine; denying [94] Motion in Limine; granting [97] Motion in Limine. The Court DEFERS on ruling on Plaintiffs Motion in Limine to Exclude Irrelevant and Inflammatory Race-Related Evidence at Trial (Doc. No. 102). Signed by District Judge Frank D. Whitney on 1/14/22. (clc) |
| Jan 10, 2022 | N/A | Motion Hearing (0) Docket Text: Minute Entry: MOTION HEARING held before District Judge Frank D. Whitney. Re [92] MOTION in Limine to Exclude Inadmissible Hearsay Related to Plaintiff's Damages Theories, [88] MOTION in Limine to Exclude Vivint's Prior Lawsuits Against Competitors, [94] MOTION in Limine to Exclude Testimony of Russell Winer Pursuant to Rule 702, [97] MOTION in Limine to Exclude Testimony of Russell Mangum Pursuant to Rule 702, [90] MOTION in Limine to Exclude External Proceedings and Complaints to Nonparties, [102] MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL, [86] MOTION in Limine to Exclude Out-of-Court Customer Complaints. Plaintiffs attorney: Caroline Gieser, Charles Eblen & Eric Hobbs. Defendants attorney: Matthew Steward, Michael Kreitzer & Andrew Erteschik. Court reporter: Kathleen Cortopassi. (clc) |
| Jan 5, 2022 | 113 | Main Document (13) Docket Text: Miscellaneous Filing by CPI Security Systems, Inc.. re: [81] Miscellaneous Filing,,, PLAINTIFF CPI SECURITY SYSTEMS, INC.S SUPPLEMENTAL DEPOSITION DESIGNATIONS OF TESTIMONY TAKEN SUBSEQUENT TO THE JOINT PRETRIAL SUBMISSION (Attachments: # (1) Exhibit DEPOSITION OF JOSHUA CRITTENDEN, # (2) Exhibit DEPOSITION OF TERRELL HARRIS)(Gieser, Caroline) |
| Jan 5, 2022 | 113 | Exhibit DEPOSITION OF JOSHUA CRITTENDEN (38) |
| Jan 5, 2022 | 113 | Exhibit DEPOSITION OF TERRELL HARRIS (13) |
| Jan 3, 2022 | 112 | Order Setting Hearing on Motion (2) Docket Text:ORDER Setting Hearing on Motion [88] MOTION in Limine to Exclude Vivint's Prior Lawsuits Against Competitors, [90] MOTION in Limine to Exclude External Proceedings and Complaints to Nonparties, [86] MOTION in Limine to Exclude Out-of-Court Customer Complaints, [94] MOTION in Limine to Exclude Testimony of Russell Winer Pursuant to Rule 702, [102] MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL, [92] MOTION in Limine to Exclude Inadmissible Hearsay Related to Plaintiff's Damages Theories, [97] MOTION in Limine to Exclude Testimony of Russell Mangum Pursuant to Rule 702 :( Motion Hearing set for 1/10/2022 02:00 PM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Court hereby CONTINUES trial in this matter to Monday, February 14, 2022, at 9:01 A.M. ( Jury Trial set for 2/14/2022 09:01 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 1/3/22. (clc) |
| Dec 23, 2021 | 110 | Main Document (14) Docket Text: RESPONSE in Opposition re [97] MOTION in Limine to Exclude Testimony of Russell Mangum Pursuant to Rule 702 by CPI Security Systems, Inc.. Replies due by 12/30/2021 (Attachments: # (1) Exhibit Ex A - Paperless Order Denying MTE Mangum - ADT LLC v. Capital Connect, Inc., # (2) Exhibit Ex B - Paperless Order Denying MTE Mangum - ADT v AP, # (3) Exhibit Ex C - Order Denying MSJ on Royalty Damages, # (4) Exhibit Ex D - Order Denying in Part and Granting in Part MTE Mangum - ADT v Vivint)(Gieser, Caroline) |
| Dec 23, 2021 | 110 | Exhibit Ex A - Paperless Order Denying MTE Mangum - ADT LLC v. Capital Connect, (2) |
| Dec 23, 2021 | 110 | Exhibit Ex B - Paperless Order Denying MTE Mangum - ADT v AP (2) |
| Dec 23, 2021 | 110 | Exhibit Ex C - Order Denying MSJ on Royalty Damages (25) |
| Dec 23, 2021 | 110 | Exhibit Ex D - Order Denying in Part and Granting in Part MTE Mangum - ADT v Viv (7) |
| Dec 23, 2021 | 111 | Main Document (14) Docket Text: RESPONSE in Opposition re [86] MOTION in Limine to Exclude Out-of-Court Customer Complaints by CPI Security Systems, Inc.. Replies due by 12/30/2021 (Attachments: # (1) Exhibit Exhibit A - Vivint v. Elite MIL, # (2) Exhibit Exhibit B - Vivint v. Elite MIL Order, # (3) Exhibit Exhibit C - Vivint v. AP MIL, # (4) Exhibit Exhibit D - Vivint v. AP Withdrawal of MIL, # (5) Exhibit Exhibit E - Ruling on MIL re Customer Audios in ADT v Northstar)(Gieser, Caroline) |
| Dec 23, 2021 | 111 | Exhibit Exhibit A - Vivint v. Elite MIL (16) |
| Dec 23, 2021 | 111 | Exhibit Exhibit B - Vivint v. Elite MIL Order (3) |
| Dec 23, 2021 | 111 | Exhibit Exhibit C - Vivint v. AP MIL (18) |
| Dec 23, 2021 | 111 | Exhibit Exhibit D - Vivint v. AP Withdrawal of MIL (4) |
| Dec 23, 2021 | 111 | Exhibit Exhibit E - Ruling on MIL re Customer Audios in ADT v Northstar (25) |
| Dec 22, 2021 | 105 | Main Document (14) Docket Text: RESPONSE in Opposition re [102] MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Replies due by 12/29/2021 (Attachments: # (1) Exhibit 1 - Depo Excerpts Shocknesse, # (2) Exhibit 2 - Depo Excerpts Maxwell, # (3) Exhibit 3 - Depo Excerpts Cheek, # (4) Exhibit 4 - Depo Excerpts Mariso, # (5) Exhibit 5 - Depo Excerpts Schachner)(Erteschik, Andrew) |
| Dec 22, 2021 | 105 | Exhibit 1 - Depo Excerpts Shocknesse (4) |
| Dec 22, 2021 | 105 | Exhibit 2 - Depo Excerpts Maxwell (3) |
| Dec 22, 2021 | 105 | Exhibit 3 - Depo Excerpts Cheek (3) |
| Dec 22, 2021 | 105 | Exhibit 4 - Depo Excerpts Mariso (2) |
| Dec 22, 2021 | 105 | Exhibit 5 - Depo Excerpts Schachner (6) |
| Dec 22, 2021 | 106 | Main Document (14) Docket Text: RESPONSE in Opposition re [94] MOTION in Limine to Exclude Testimony of Russell Winer Pursuant to Rule 702 by CPI Security Systems, Inc.. Replies due by 12/29/2021 (Attachments: # (1) Exhibit Ex. A - Brian Buss Excerpts, # (2) Exhibit Ex. B -Vivint MIS Motion for Preliminary Injunction (Vivint v Elite Security))(Gieser, Caroline) |
| Dec 22, 2021 | 106 | Exhibit Ex. A - Brian Buss Excerpts (12) |
| Dec 22, 2021 | 106 | Exhibit Ex. B -Vivint MIS Motion for Preliminary Injunction (Vivint v Elite Secu (30) |
| Dec 22, 2021 | 107 | Response in Opposition to Motion (9) Docket Text: RESPONSE in Opposition re [88] MOTION in Limine to Exclude Vivint's Prior Lawsuits Against Competitors by CPI Security Systems, Inc.. Replies due by 12/29/2021 (Gieser, Caroline) |
| Dec 22, 2021 | 108 | Main Document (14) Docket Text: RESPONSE in Opposition re [92] MOTION in Limine to Exclude Inadmissible Hearsay Related to Plaintiff's Damages Theories by CPI Security Systems, Inc.. Replies due by 12/29/2021 (Attachments: # (1) Exhibit Ex. A - VIVINT, INC.S MOTION IN LIMINE TO ADMIT AUDIO RECORDINGS, # (2) Exhibit Ex. B - ORDER GRANTING MOTION IN LIMINE, # (3) Exhibit Ex. C - ORDER ON MOTION TO EXCLUDE BBB COMPLAINTS 12/8/17, # (4) Exhibit Ex. D - ORDER ON MOTION TO EXCLUDE BBB COMPLAINTS 12/11/17, # (5) Exhibit Ex. E - VIVINT'S MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION)(Gieser, Caroline) |
| Dec 22, 2021 | 108 | Exhibit Ex. A - VIVINT, INC.S MOTION IN LIMINE TO ADMIT AUDIO RECORDINGS (16) |
| Dec 22, 2021 | 108 | Exhibit Ex. B - ORDER GRANTING MOTION IN LIMINE (3) |
| Dec 22, 2021 | 108 | Exhibit Ex. C - ORDER ON MOTION TO EXCLUDE BBB COMPLAINTS 12/8/17 (4) |
| Dec 22, 2021 | 108 | Exhibit Ex. D - ORDER ON MOTION TO EXCLUDE BBB COMPLAINTS 12/11/17 (4) |
| Dec 22, 2021 | 108 | Exhibit Ex. E - VIVINT'S MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY IN (30) |
| Dec 22, 2021 | 109 | Response in Opposition to Motion (13) Docket Text: RESPONSE in Opposition re [90] MOTION in Limine to Exclude External Proceedings and Complaints to Nonparties by CPI Security Systems, Inc.. Replies due by 12/29/2021 (Gieser, Caroline) |
| Dec 20, 2021 | 104 | Order on Motion for Miscellaneous Relief (2) Docket Text:ORDER denying [82] Motion for Leave to Withhold Service of Trial Subpoenas Until a Date Certain is Set for Trial; denying [100] Motion to Bifurcate. Signed by District Judge Frank D. Whitney on 12/20/21. (clc) |
| Dec 16, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Having reviewed the parties' one page submissions, the Court finds that a telephone conference is not needed. Accordingly the telephone conference scheduled for 1:30pm today is CANCELLED. Defendant's objection to producing customer subscriber base percentages on a state-by-state basis is SUSTAINED. So Ordered. Plaintiffs attorney: N/A. Defendants attorney: N/A. Court reporter: N/A. (DLG) |
| Dec 15, 2021 | N/A | Order on Motion to Seal Document (0) Docket Text:TEXT-ONLY ORDER granting [83] Unopposed MOTION to Seal Document. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/15/2021. (DLG) |
| Dec 15, 2021 | 83 | Main Document (3) Docket Text: Unopposed MOTION to Seal Document by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Attachments: # (1) Exhibit 1 - Notice of Sealed Exhibit - Expert Report of Russell Winer, # (2) Exhibit 2 - Notice of Sealed Exhibit - Expert Report of Russell Mangum, # (3) Exhibit 3 - Notice of Sealed Exhibit - Deposition Transcript of Russell Winer, # (4) Exhibit 4 - Notice of Sealed Exhibit - Deposition Transcript of Russell Mangum) (Erteschik, Andrew). Motions referred to David S. Cayer. |
| Dec 15, 2021 | 83 | Exhibit 1 - Notice of Sealed Exhibit - Expert Report of Russell Winer (2) |
| Dec 15, 2021 | 83 | Exhibit 2 - Notice of Sealed Exhibit - Expert Report of Russell Mangum (2) |
| Dec 15, 2021 | 83 | Exhibit 3 - Notice of Sealed Exhibit - Deposition Transcript of Russell Winer (2) |
| Dec 15, 2021 | 83 | Exhibit 4 - Notice of Sealed Exhibit - Deposition Transcript of Russell Mangum (2) |
| Dec 15, 2021 | 84 | Memorandum in Support of Motion (6) Docket Text: MEMORANDUM in Support re [83] Unopposed MOTION to Seal Document by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew) |
| Dec 15, 2021 | 86 | Motion in Limine (3) Docket Text: MOTION in Limine to Exclude Out-of-Court Customer Complaints by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew) |
| Dec 15, 2021 | 87 | Main Document (13) Docket Text: MEMORANDUM in Support re [86] MOTION in Limine to Exclude Out-of-Court Customer Complaints by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: # (1) Exhibit 1 - CPI's R. 26(a)(1) Disclosures, # (2) Exhibit 2 - Call Transcript Ricky, # (3) Exhibit 3 - Call Transcript Quinn(1), # (4) Exhibit 4 - Call Transcript Quinn(2), # (5) Exhibit 5 - Call Transcript Lott, # (6) Exhibit 6 - Lott Declaration, # (7) Exhibit 7 - Call Transcript Goodman, # (8) Exhibit 8 - Voicemail Transcript Goodman, # (9) Exhibit 9 - Call Transcript Love, # (10) Exhibit 10 - Call Transcript Douglas, # (11) Exhibit 11 - Depo Excerpts Shocknesse)(Erteschik, Andrew) |
| Dec 15, 2021 | 87 | Exhibit 1 - CPI's R. 26(a)(1) Disclosures (11) |
| Dec 15, 2021 | 87 | Exhibit 2 - Call Transcript Ricky (7) |
| Dec 15, 2021 | 87 | Exhibit 3 - Call Transcript Quinn(1) (5) |
| Dec 15, 2021 | 87 | Exhibit 4 - Call Transcript Quinn(2) (7) |
| Dec 15, 2021 | 87 | Exhibit 5 - Call Transcript Lott (24) |
| Dec 15, 2021 | 87 | Exhibit 6 - Lott Declaration (4) |
| Dec 15, 2021 | 87 | Exhibit 7 - Call Transcript Goodman (13) |
| Dec 15, 2021 | 87 | Exhibit 8 - Voicemail Transcript Goodman (3) |
| Dec 15, 2021 | 87 | Exhibit 9 - Call Transcript Love (7) |
| Dec 15, 2021 | 87 | Exhibit 10 - Call Transcript Douglas (15) |
| Dec 15, 2021 | 87 | Exhibit 11 - Depo Excerpts Shocknesse (6) |
| Dec 15, 2021 | 88 | Motion in Limine (3) Docket Text: MOTION in Limine to Exclude Vivint's Prior Lawsuits Against Competitors by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew) |
| Dec 15, 2021 | 89 | Main Document (13) Docket Text: MEMORANDUM in Support re [88] MOTION in Limine to Exclude Vivint's Prior Lawsuits Against Competitors by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: # (1) Exhibit 1 - CPI's 2nd Supp R. 26(a)(1) Disclosures, # (2) Exhibit 2 - ADT Subpoena to NorthStar Alarm Services)(Erteschik, Andrew) |
| Dec 15, 2021 | 89 | Exhibit 1 - CPI's 2nd Supp R. 26(a)(1) Disclosures (11) |
| Dec 15, 2021 | 89 | Exhibit 2 - ADT Subpoena to NorthStar Alarm Services (4) |
| Dec 15, 2021 | 90 | Motion in Limine (3) Docket Text: MOTION in Limine to Exclude External Proceedings and Complaints to Nonparties by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew) |
| Dec 15, 2021 | 91 | Main Document (12) Docket Text: MEMORANDUM in Support re [90] MOTION in Limine to Exclude External Proceedings and Complaints to Nonparties by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: # (1) Exhibit 1 - CPI's 2nd Supp R. 26(a)(1) Disclosures, # (2) Exhibit 2 - CPI's R. 26(a)(1) Disclosures)(Erteschik, Andrew) |
| Dec 15, 2021 | 91 | Exhibit 1 - CPI's 2nd Supp R. 26(a)(1) Disclosures (11) |
| Dec 15, 2021 | 91 | Exhibit 2 - CPI's R. 26(a)(1) Disclosures (11) |
| Dec 15, 2021 | 92 | Motion in Limine (3) Docket Text: MOTION in Limine to Exclude Inadmissible Hearsay Related to Plaintiff's Damages Theories by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew) |
| Dec 15, 2021 | 93 | Main Document (13) Docket Text: MEMORANDUM in Support re [92] MOTION in Limine to Exclude Inadmissible Hearsay Related to Plaintiff's Damages Theories by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: # (1) Exhibit 1 - CPI's 2nd Supp R. 26(a)(1) Disclosures, # (2) Exhibit 2 - Depo Excerpts Hinton, # (3) Exhibit 3 - Depo Excerpts Newmark, # (4) Exhibit 4 - Depo Excerpts Ward)(Erteschik, Andrew) |
| Dec 15, 2021 | 93 | Exhibit 1 - CPI's 2nd Supp R. 26(a)(1) Disclosures (11) |
| Dec 15, 2021 | 93 | Exhibit 2 - Depo Excerpts Hinton (13) |
| Dec 15, 2021 | 93 | Exhibit 3 - Depo Excerpts Newmark (8) |
| Dec 15, 2021 | 93 | Exhibit 4 - Depo Excerpts Ward (11) |
| Dec 15, 2021 | 94 | Motion in Limine (3) Docket Text: MOTION in Limine to Exclude Testimony of Russell Winer Pursuant to Rule 702 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew) |
| Dec 15, 2021 | 95 | Main Document (15) Docket Text: MEMORANDUM in Support re [94] MOTION in Limine to Exclude Testimony of Russell Winer Pursuant to Rule 702 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: # (1) Exhibit 1 - Notice of Sealed Exhibit - Deposition Transcript of Russell Winer, # (2) Exhibit 2 - Notice of Sealed Exhibit - Expert Report of Russell Winer)(Erteschik, Andrew) |
| Dec 15, 2021 | 95 | Exhibit 1 - Notice of Sealed Exhibit - Deposition Transcript of Russell Winer (2) |
| Dec 15, 2021 | 95 | Exhibit 2 - Notice of Sealed Exhibit - Expert Report of Russell Winer (2) |
| Dec 15, 2021 | 97 | Motion in Limine (3) Docket Text: MOTION in Limine to Exclude Testimony of Russell Mangum Pursuant to Rule 702 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew) |
| Dec 15, 2021 | 98 | Main Document (15) Docket Text: MEMORANDUM in Support re [97] MOTION in Limine to Exclude Testimony of Russell Mangum Pursuant to Rule 702 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: # (1) Exhibit 1 - Notice of Sealed Exhibit - Expert Report of Russell Mangum, # (2) Exhibit 2 - Deposition Transcript of Russell Mangum, # (3) Exhibit 3 - Order re Mangum - ADT LLC v. Vivint, Inc., # (4) Exhibit 4 - Depo Excerpts Schachner)(Erteschik, Andrew) |
| Dec 15, 2021 | 98 | Exhibit 1 - Notice of Sealed Exhibit - Expert Report of Russell Mangum (2) |
| Dec 15, 2021 | 98 | Exhibit 2 - Deposition Transcript of Russell Mangum (2) |
| Dec 15, 2021 | 98 | Exhibit 3 - Order re Mangum - ADT LLC v. Vivint, Inc. (6) |
| Dec 15, 2021 | 98 | Exhibit 4 - Depo Excerpts Schachner (3) |
| Dec 15, 2021 | 100 | Motion to Bifurcate (3) Docket Text: MOTION to Bifurcate Trial by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew) |
| Dec 15, 2021 | 101 | Memorandum in Support of Motion (12) Docket Text: MEMORANDUM in Support re [100] MOTION to Bifurcate Trial by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew) |
| Dec 15, 2021 | 102 | Motion in Limine (4) Docket Text: MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL by CPI Security Systems, Inc.. Responses due by 12/29/2021 (Gieser, Caroline) |
| Dec 15, 2021 | 103 | Main Document (14) Docket Text: MEMORANDUM in Support re [102] MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL by CPI Security Systems, Inc.. (Attachments: # (1) Exhibit June 4, 2020 Queen City Unity Email Exchange, # (2) Exhibit Phelps v. Gill Complaint, # (3) Exhibit Jorge Millares Deposition Excerpts, # (4) Exhibit John Shocknesse Deposition Excerpts)(Gieser, Caroline) |
| Dec 15, 2021 | 103 | Exhibit June 4, 2020 Queen City Unity Email Exchange (4) |
| Dec 15, 2021 | 103 | Exhibit Phelps v. Gill Complaint (19) |
| Dec 15, 2021 | 103 | Exhibit Jorge Millares Deposition Excerpts (7) |
| Dec 15, 2021 | 103 | Exhibit John Shocknesse Deposition Excerpts (7) |
| Dec 14, 2021 | 82 | Motion for Miscellaneous Relief (7) Docket Text: Unopposed Motion for Leave to Withhold Service of Trial Subpoenas Until a Date Certain is Set for Trial by CPI Security Systems, Inc. Responses due by 12/28/2021 (Gieser, Caroline). Modified on 12/15/2021 to remove referral (mek). |
| Dec 10, 2021 | 81 | Main Document (26) Docket Text: Miscellaneous Filing by CPI Security Systems, Inc.. Joint Pretrial Submissions (Attachments: # (1) Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S TRIAL EXHIBIT LIST (WITH DEFENDANTS OBJECTIONS), # (2) Exhibit DEFENDANTS TRIAL EXHIBIT LIST (WITH CPIS OBJECTIONS), # (3) Exhibit PLAINTIFFS DEPOSITION DESIGNATIONS (WITH DEFENDANTS OBJECTIONS AND COUNTER DESIGNATIONS), # (4) Exhibit DEFENDANTS DEPOSITION DESIGNATIONS, # (5) Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S DESIGNATION OF INTERROGATORIES AND REQUESTS FOR PRODUCTION (With Defendants Objections and Counter Designations), # (6) Exhibit DEFENDANTS DESIGNATION OF PLAINTIFFS INTERROGATORY ANSWERS, # (7) Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S TRIAL WITNESS LIST, # (8) Exhibit DEFENDANTS TRIAL WITNESS LIST, # (9) Exhibit [PROPOSED] JURY INSTRUCTIONS, # (10) Exhibit JOINTLY PROPOSED ADDITIONAL VOIR DIRE QUESTIONS)(Gieser, Caroline) |
| Dec 10, 2021 | 81 | Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S TRIAL EXHIBIT LIST (WITH DEFENDANT (58) |
| Dec 10, 2021 | 81 | Exhibit DEFENDANTS TRIAL EXHIBIT LIST (WITH CPIS OBJECTIONS) (15) |
| Dec 10, 2021 | 81 | Exhibit PLAINTIFFS DEPOSITION DESIGNATIONS (WITH DEFENDANTS OBJECTIONS AND COUNT (307) |
| Dec 10, 2021 | 81 | Exhibit DEFENDANTS DEPOSITION DESIGNATIONS (47) |
| Dec 10, 2021 | 81 | Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S DESIGNATION OF INTERROGATORIES AND (110) |
| Dec 10, 2021 | 81 | Exhibit DEFENDANTS DESIGNATION OF PLAINTIFFS INTERROGATORY ANSWERS (14) |
| Dec 10, 2021 | 81 | Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S TRIAL WITNESS LIST (10) |
| Dec 10, 2021 | 81 | Exhibit DEFENDANTS TRIAL WITNESS LIST (5) |
| Dec 10, 2021 | 81 | Exhibit [PROPOSED] JURY INSTRUCTIONS (154) |
| Dec 10, 2021 | 81 | Exhibit JOINTLY PROPOSED ADDITIONAL VOIR DIRE QUESTIONS (4) |
| Dec 8, 2021 | 80 | Order on Motion for Extension of Time (2) Docket Text:ORDER granting with modification [79] Motion for Extension of Time for filing Pretrial Submissions. The parties shall have until December 10, 2021, to submit their joint Pretrial Submissions. Signed by District Judge Frank D. Whitney on 12/8/21. (clc) |
| Dec 6, 2021 | 79 | Motion for Extension of Time (6) Docket Text: Joint MOTION for Extension of Time of Joint Pretrial Submissions Deadline by CPI Security Systems, Inc. Responses due by 12/20/2021 (Gieser, Caroline). Modified on 12/7/2021 to remove referral (mek). |
| Nov 16, 2021 | 78 | Stipulation (4) Docket Text: STIPULATION re [35] Scheduling Order, - Stipulation Extending Deadline for 30(b)(6) Deposition by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew) |
| Nov 9, 2021 | 77 | Order on Motion for Partial Summary Judgment (9) Docket Text:ORDER granting in part and denying in part [58] Motion for Partial Summary Judgment. Signed by District Judge Frank D. Whitney on 11/9/21. (clc) |
| Nov 5, 2021 | 76 | Order on Motion for Extension of Time (1) Docket Text:ORDER granting [74] Motion for Extension of Time for Pretrial Submissions deadline. IT IS THEREFORE ORDERED that the deadline for the parties joint pretrial submissions is hereby extended three (3) weeks, up to and including December 6, 2021. Signed by District Judge Frank D. Whitney on 11/4/21. (clc) |
| Nov 3, 2021 | 74 | Main Document (5) Docket Text: Joint MOTION for Extension of Time of Deadline for Pretrial Submissions by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 11/17/2021 (Attachments: # (1) Proposed Order on Joint Motion for Extension of Deadline for Pretrial Submissions) (Erteschik, Andrew). Modified on 11/3/2021 to remove referral (mek). |
| Nov 3, 2021 | 74 | Proposed Order on Joint Motion for Extension of Deadline for Pretrial Submission (1) |
| Nov 3, 2021 | 75 | Stipulation (4) Docket Text: STIPULATION re [35] Scheduling Order, - Stipulation Extending Deadline for 30(b)(6) Deposition by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew) |
| Nov 2, 2021 | 73 | Order on Motion for Miscellaneous Relief (1) Docket Text:ORDER denying [72] Motion for Peremptory Trial Setting. Signed by District Judge Frank D. Whitney on 11/2/21. (clc) |
| Oct 25, 2021 | 71 | Stipulation (4) Docket Text: STIPULATION re [35] Scheduling Order, - Stipulation Extending Deadline for 30(b)(6) Deposition by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew) |
| Oct 25, 2021 | 72 | Main Document (6) Docket Text: Joint MOTION for Peremptory Trial Setting by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 11/8/2021 (Attachments: # (1) Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer. |
| Oct 25, 2021 | 72 | Proposed Order (1) |
| Oct 19, 2021 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Erin M. Fishman: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 10/26/2021. (mek) |
| Oct 19, 2021 | 69 | Main Document (3) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Erin Fishman Filing fee $ 288, receipt number ANCWDC-5274643. by CPI Security Systems, Inc.. (Attachments: # (1) Exhibit Certificate of Good Standing of Erin Fishman) (Gieser, Caroline). Motions referred to David S. Cayer. |
| Oct 19, 2021 | 69 | Exhibit Certificate of Good Standing of Erin Fishman (1) |
| Oct 19, 2021 | 70 | Order on Motion for Leave to Appear Pro Hac Vice (1) Docket Text:ORDER granting [69] Motion for Leave to Appear Pro Hac Vice added Erin M. Fishman for CPI Security Systems, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 10/19/2021. (mek) |
| Oct 12, 2021 | N/A | Set/Reset Pretrial Order Deadlines (0) Docket Text: Set/Reset Pretrial Order Deadlines: Final Pretrial Conference set for 1/3/2022 09:30 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Jury Trial set for 1/3/2022 09:01 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. (clc) |
| Oct 12, 2021 | 68 | Order on Motion for Hearing (2) Docket Text:ORDER denying [67] Motion for Hearing and CONTINUES trial in this matter to the January 3, 2022, trial term, with docket call to take place on the morning of Monday, January 3, 2022. The parties joint Pretrial Submissions will be due on November 15, 2021, and a Final Pretrial Conference will be held after docket call on January 3, 2022.. Signed by District Judge Frank D. Whitney on 11/12/21. (clc) |
| Oct 7, 2021 | 66 | Stipulation of Dismissal (4) Docket Text: STIPULATION of Dismissal - Stipulation on Defendants' Voluntary Dismissal of Counterclaims by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew) |
| Oct 7, 2021 | 67 | Motion for Hearing (7) Docket Text: Unopposed MOTION for Hearing PLAINTIFF CPI SECURITY SYSTEMS, INC.S UNOPPOSED MOTION FOR A TELEPHONIC OR ZOOM STATUS CONFERENCE by CPI Security Systems, Inc.. Responses due by 10/21/2021 (Gieser, Caroline) |
| Oct 1, 2021 | N/A | Order on Motion for Extension of Time (0) Docket Text:TEXT-ONLY ORDER granting [64] Joint Motion for Extension of Time to permit Vivint's 30(B)(6) deposition later than fourteen days prior to the scheduled trial term. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/1/2021. (KCA) |
| Sep 30, 2021 | 63 | Stipulation (4) Docket Text: STIPULATION re [35] Scheduling Order, STIPULATION EXTENDING DEADLINES FOR EXPERT AND 30(B)(6) DEPOSITIONS by CPI Security Systems, Inc. (Gieser, Caroline) |
| Sep 30, 2021 | 64 | Motion for Extension of Time (5) Docket Text: Joint MOTION for Extension of Time to permit Vinits 30(B)(6) deposition later that 14 daye prior to the scheduled term by CPI Security Systems, Inc.. Responses due by 10/14/2021 (Gieser, Caroline). Motions referred to David S. Cayer. Modified to remove all caps in text on 10/1/2021 (clc). |
| Sep 30, 2021 | 65 | Reply to Response to Motion (14) Docket Text: REPLY to Response to Motion re [58] MOTION for Partial Summary Judgment by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew) |
| Sep 23, 2021 | 61 | Notice (Other) (4) Docket Text: NOTICE of Unavailability of Charles C. Eblen by CPI Security Systems, Inc. (Gieser, Caroline) |
| Sep 23, 2021 | 62 | Response in Opposition to Motion (24) Docket Text: RESPONSE in Opposition re [58] MOTION for Partial Summary Judgment by CPI Security Systems, Inc.. Replies due by 9/30/2021 (Gieser, Caroline) |
| Sep 13, 2021 | 60 | Stipulation (4) Docket Text: STIPULATION EXTENDING DISCOVERY DEADLINES (Rule 30(b)(6) Depositions) by CPI Security Systems, Inc. (Gieser, Caroline) |
| Sep 9, 2021 | 58 | Main Document (3) Docket Text: MOTION for Partial Summary Judgment by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 9/23/2021 (Attachments: # (1) Exhibit 1 - Deposition transcript of Laura Ward, taken July 20, 2021, # (2) Exhibit 2 - Deposition transcript of Shantell Cheek, taken August 19, 2021, # (3) Exhibit 3 - Deposition transcript of Ginger Garren, taken August 19, 2021, # (4) Exhibit 4 - Deposition transcript of Joyce Mariso, taken August 19, 2021, # (5) Exhibit 5 - Deposition transcript of Johgre Hinton, taken August 20, 2021, # (6) Exhibit 6 - Deposition transcript of Janet Newmark, taken August 25, 2021, # (7) Exhibit 7 - Deposition transcript of Larry Kodack, taken August 25, 2021) (Erteschik, Andrew) (Attachment 1 replaced to redact PII on 9/14/2021) (js). |
| Sep 9, 2021 | 58 | Exhibit 1 - Deposition transcript of Laura Ward, taken July 20, 2021 (27) |
| Sep 9, 2021 | 58 | Exhibit 2 - Deposition transcript of Shantell Cheek, taken August 19, 2021 (19) |
| Sep 9, 2021 | 58 | Exhibit 3 - Deposition transcript of Ginger Garren, taken August 19, 2021 (17) |
| Sep 9, 2021 | 58 | Exhibit 4 - Deposition transcript of Joyce Mariso, taken August 19, 2021 (36) |
| Sep 9, 2021 | 58 | Exhibit 5 - Deposition transcript of Johgre Hinton, taken August 20, 2021 (46) |
| Sep 9, 2021 | 58 | Exhibit 6 - Deposition transcript of Janet Newmark, taken August 25, 2021 (26) |
| Sep 9, 2021 | 58 | Exhibit 7 - Deposition transcript of Larry Kodack, taken August 25, 2021 (34) |
| Sep 9, 2021 | 59 | Memorandum in Support of Motion (14) Docket Text: MEMORANDUM in Support re [58] MOTION for Partial Summary Judgment by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew) |
| Sep 8, 2021 | N/A | Notice - Out of State Counsel (0) Docket Text: SECOND Notice to Victoria Finlinson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 9/15/2021. (tmg) |
| Sep 1, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Having received the parties' request for a telephone discovery conference and having reviewed their written submissions, the Court finds that a telephone conference is not needed. Defendant's objection to the deposition of Cornelia Johnson is OVERRULED and the deposition may proceed as noticed. The dispositive motions deadline is extended to September 9, 2021. This extension will not serve as the basis for extension of any other deadline or setting. So Ordered. Plaintiffs attorney: N/A. Defendants attorney: N/A. Court reporter: N/A. (DLG) |
| Aug 30, 2021 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Victoria B. Finlinson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Account or Link Existing Account Link. (Attorney served via NEF) Deadline by 9/7/2021. (mek) |
| Aug 30, 2021 | 57 | Order on Motion for Leave to Appear Pro Hac Vice (1) Docket Text:ORDER granting [55] Motion for Leave to Appear Pro Hac Vice added Victoria B. Finlinson for Legacy Vivint Smart Home, Inc. and Vivint Smart Home, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 8/29/2021. (mek) |
| Aug 27, 2021 | 56 | Main Document (2) Docket Text: REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Attachments: # (1) Envelope)(tlj) |
| Aug 27, 2021 | 56 | Envelope (1) |
| Aug 25, 2021 | 55 | Motion to Appear Pro Hac Vice (4) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Victoria B. Finlinson Filing fee $ 288, receipt number 0419-5182847. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Durnovich, John). Motions referred to David S. Cayer. |
| Aug 23, 2021 | 54 | Stipulation (4) Docket Text: STIPULATION EXTENDING DISCOVERY DEADLINES (Rule 30(b)(6) Depositions and Expert Depositions) by CPI Security Systems, Inc. (Gieser, Caroline) |
| Aug 19, 2021 | N/A | Order on Motion to Amend/Correct (0) Docket Text:TEXT-ONLY ORDER denying [53] Motion to Amend/Correct dispositive motions deadline and trial date. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/19/2021. (DLG) |
| Aug 19, 2021 | 53 | Motion to Amend/Correct (7) Docket Text: Joint MOTION to Amend/Correct Case Management Order and Continue Trial Setting by CPI Security Systems, Inc.. Responses due by 9/2/2021 (Gieser, Caroline). Motions referred to David S. Cayer. |
| Aug 12, 2021 | 52 | Protective Order (7) Docket Text:PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 8/12/2021. (mek) |
| Aug 11, 2021 | 51 | Main Document (5) Docket Text: Joint MOTION for Protective Order by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 8/25/2021 (Attachments: # (1) Proposed Order on Joint Motion to Supplement Protective Order) (Durnovich, John). Motions referred to David S. Cayer. |
| Aug 11, 2021 | 51 | Proposed Order on Joint Motion to Supplement Protective Order (7) |
| Jul 31, 2021 | N/A | Order on Motion for Extension of Time (0) Docket Text:TEXT-ONLY ORDER granting [50] Motion for Extension of Time of Scheduling Order Deadlines. Mediation deadline set for 8/31/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/31/2021. (DLG) |
| Jul 30, 2021 | 50 | Motion for Extension of Time (5) Docket Text: Joint MOTION for Extension of Time for ADR and Stipulation Extending Discovery Deadline by CPI Security Systems, Inc.. Responses due by 8/13/2021 (Gieser, Caroline). Motions referred to David S. Cayer. |
| Jul 2, 2021 | N/A | Order on Motion to Amend/Correct (0) Docket Text:TEXT-ONLY ORDER denying [49] Motion to Amend/Correct. The parties are reminded that they may extend discovery by stipulation consistent with the Pretrial Order and Case Management Plan. The parties may submit a separate motion seeking to extend the mediation deadline. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/2/2021. (DLG) |
| Jul 2, 2021 | 49 | Motion to Amend/Correct (8) Docket Text: Consent MOTION to Amend/Correct the Case Management Order by CPI Security Systems, Inc.. Responses due by 7/16/2021 (Gieser, Caroline). Motions referred to David S. Cayer. |
| Jul 1, 2021 | N/A | Order on Motion for Extension of Time (0) Docket Text:TEXT-ONLY ORDER granting [48] Motion for Extension of Time to complete production of customer audio recordings dated September 11, 2015 through December 31, 2016. Production due by August 1, 2021. This extension will not serve as the basis for extension of any other deadline or setting. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/1/2021. (DLG) |
| Jun 30, 2021 | 48 | Motion for Extension of Time (6) Docket Text: Consent MOTION for Extension of Time to Respond to Discovery Requests TO COMPLY WITH JUNE 1, 2021 MINUTE ORDER REQUIRING PRODUCTION OF CPI CUSTOMER AUDIO FILES by CPI Security Systems, Inc.. Responses due by 7/14/2021 (Gieser, Caroline). Motions referred to David S. Cayer. |
| Jun 26, 2021 | N/A | Order on Motion for Miscellaneous Relief (0) Docket Text:TEXT-ONLY ORDER granting [47] Motion for extension of time to respond to RFP 14. Discovery responses due by 7/9/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 6/26/2021. (DLG) |
| Jun 25, 2021 | 47 | Main Document (7) Docket Text: Consent MOTION 14-day extension by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 7/9/2021 (Attachments: # (1) Proposed Order on Defendants' Motion for Discovery-Related Relief) (Durnovich, John). Motions referred to David S. Cayer. |
| Jun 25, 2021 | 47 | Proposed Order on Defendants' Motion for Discovery-Related Relief (1) |
| Jun 2, 2021 | N/A | Order on Motion for clarification (0) Docket Text:TEXT-ONLY ORDER granting [46] Motion for Clarification of Minute Order entered 6/1/2021. The production of "all responsive customer audiotapes" shall include all audiotapes of customers as that term is defined in the Order including any call for any purpose and without regard for whether the audiotape includes a complaint or references Vivint. So Ordered. Entered by Magistrate Judge David S. Cayer on 6/2/2021. (DLG) |
| Jun 1, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Considering the parties' written submissions and arguments of counsel, the Court OVERRULES Plaintiff's objection to producing audiotapes of conversations with customers. For purposes of this Order, customer is defined as each of the individually-identified persons CPI alleges are or were a customer of CPI and to whom CPI alleges Defendants committed deceptive sales practices, or made false or misleading representations as a basis for relief sought by CPI. Within thirty days of this Order, Plaintiff shall produce all responsive customer audiotapes that were made on or after September 11, 2015. The obligation to produce customer audiotapes shall attach to any customer Plaintiff subsequently identifies. So Ordered Plaintiffs attorney: Eric J. Hobbs; Caroline Marie Gieser. Defendants attorney: Andrew Harry Erteschik; Joshua R. Brown; Gregory W. Herbert; Matthew A. Steward. Court reporter: N/A. (DLG) |
| Jun 1, 2021 | 46 | Motion for Clarification (4) Docket Text: MOTION for clarification and Memorandum in Support Thereof by CPI Security Systems, Inc.. Responses due by 6/15/2021 (Gieser, Caroline). Motions referred to David S. Cayer. |
| May 27, 2021 | N/A | Order on Motion for Extension of Time (0) Docket Text:TEXT-ONLY ORDER granting [45] Motion for Extension of Time to Respond to Discovery Requests. Vivint shall respond to RFPs 21 and 22 by 6/7/2021 and shall respond to RFP 14 by 6/25/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/27/2021. (DLG) |
| May 26, 2021 | 45 | Main Document (5) Docket Text: Consent MOTION for Extension of Time to Respond to Discovery Requests by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 6/9/2021 (Attachments: # (1) Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer. |
| May 26, 2021 | 45 | Proposed Order (2) |
| May 12, 2021 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Joshua R. Brown: Pursuant to Local Rule 83.1 you are required to Register for ECF Account Application Link. (Attorney served via NEF) Deadline by 5/19/2021. (mek) |
| May 11, 2021 | N/A | Telephone Conference (0) Docket Text: Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Having reviewed the parties' written submissions, the Court finds that the telephone discovery conference scheduled for 1:00pm today is unnecessary and is cancelled. The Court has previously sustained Defendant's three specific objections and otherwise OVERRULED Defendant's objections. The Court otherwise ORDERED Defendant to make full responses to Plaintiff's discovery requests. Defendant's present objection to making production other than concerning a "customer issue" is OVERRULED. Defendant shall make full responses and production to all of Plaintiff's other discovery requests within fifteen days of this Order. So Ordered. Plaintiffs attorney: N/A. Defendants attorney: N/A. Court reporter: N/A. (DLG) |
| May 11, 2021 | 43 | Motion to Appear Pro Hac Vice (4) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Joshua R. Brown Filing fee $ 288, receipt number 0419-5026073. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer. |
| May 11, 2021 | 44 | Order on Motion for Leave to Appear Pro Hac Vice (1) Docket Text:ORDER granting [43] Motion for Leave to Appear Pro Hac Vice added Joshua R. Brown for Legacy Vivint Smart Home, Inc. and Vivint Smart Home, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 5/11/2021. (mek) |
| Apr 17, 2021 | 42 | Stipulation (4) Docket Text: STIPULATION OF EXPERT DEADLINES (JOINT) by CPI Security Systems, Inc. (Gieser, Caroline) |
| Apr 2, 2021 | N/A | Order on Motion to Amend/Correct (0) Docket Text:TEXT-ONLY ORDER denying [41] Motion to Amend/Correct. The parties are reminded that they may extend discovery by stipulation consistent with the Pretrial Order and Case Management Plan. The parties may submit a separate motion seeking to extend the mediation deadline. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/2/2021. (DLG) |
| Apr 2, 2021 | 41 | Main Document (10) Docket Text: Joint MOTION to Amend/Correct [35] Scheduling Order, Case Management Order by CPI Security Systems, Inc.. Responses due by 4/16/2021 (Attachments: # (1) Proposed Order Proposed Order Amending Case Management Order) (Gieser, Caroline). Motions referred to David S. Cayer. |
| Apr 2, 2021 | 41 | Proposed Order Proposed Order Amending Case Management Order (2) |
| Mar 31, 2021 | N/A | Order on Motion for Extension of Time (0) Docket Text:TEXT-ONLY ORDER granting [40] Motion for Extension of Time to Comply with Court's March 2, 2021 Order and Respond to Discovery Requests. Discovery responses due 4/22/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/31/2021. (DLG) |
| Mar 30, 2021 | 40 | Main Document (4) Docket Text: Consent MOTION for Extension of Time to Serve Supplemental Responses to CPI's First Set of Discovery Requests by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 4/13/2021 (Attachments: # (1) Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer. |
| Mar 30, 2021 | 40 | Proposed Order (1) |
| Mar 2, 2021 | N/A | Pretrial Conference (0) Docket Text: Minute Order: PRETRIAL CONFERENCE held before Magistrate Judge David S. Cayer. Having reviewed the parties' written submissions, the Court finds that the telephone discovery conference scheduled for 1:30pm today is unnecessary and is cancelled. Defendant's objection to producing the personnel files, disciplinary history, and compensation of sales representatives is SUSTAINED. Otherwise, the objection is OVERRULED. Defendant shall make full responses and production within thirty days of this Order. So Ordered. Plaintiffs attorney: N/A. Defendants attorney: N/A. Court reporter: N/A. (DLG) |
| Jan 19, 2021 | N/A | Order on Motion to Dismiss/Failure to State a Claim (0) Docket Text:TEXT-ONLY ORDER denying [25] Motion to Dismiss for Failure to State a ClaimText of Order: Denying as Moot Motion to Dismiss for Failure to State a Claim. (Doc. No. 25). The filing of Plaintiff's Amended Complaint (Doc. No. 29) renders the earlier-filed Motion to Dismiss (Doc. No. 25) MOOT. Defendants' Motion to Dismiss (Doc. No. 25) is accordingly DENIED AS MOOT. So Ordered. Entered by District Judge Frank D. Whitney on 1/19/21. (JO) |
| Dec 14, 2020 | 39 | Answer to Counterclaim (11) Docket Text: ANSWER to [33] Answer to Amended Complaint,, Counterclaim, by CPI Security Systems, Inc..(Gieser, Caroline) |
| Dec 10, 2020 | 37 | Notice of Voluntary Dismissal (3) Docket Text: NOTICE of Voluntary Dismissal of Trade Slander/Commercial Disparagement Claim (Count IV of the Amended Complaint) by CPI Security Systems, Inc. (Gieser, Caroline) |
| Dec 10, 2020 | 38 | Notice of Withdrawal of Document (3) Docket Text: Notice of Withdrawal of document by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. ***Documents terminated: [31] MOTION to Dismiss for Failure to State a Claim filed by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew) |
| Dec 4, 2020 | 35 | Scheduling Order (14) Docket Text:Pretrial Order and Case Management Plan: Estimated Trial Time: 5 - 7 days. Discovery due by 08/04/2021. Motions due by 09/02/20201. Mediation deadline set for 08/19/20201. Jury Trial set for 11/01/2021 09:01 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Signed by District Judge Frank D. Whitney on 12/4/20. (clc) (Main Document 35 replaced on 12/4/2020) (clc). Modified to correct text on 12/4/2020 (clc). |
| Dec 4, 2020 | 36 | Response in Opposition to Motion (10) Docket Text: RESPONSE in Opposition re [31] MOTION to Dismiss for Failure to State a Claim by CPI Security Systems, Inc.. Replies due by 12/11/2020 (Gieser, Caroline) |
| Dec 2, 2020 | N/A | Order on Motion for Extension of Time (0) Docket Text:TEXT-ONLY ORDER granting in part and denying in part [34] Motion for Extension of Time. CPI Security Systems, Inc.'s answer to counterclaims due 12/11/2020. As to extension of deadline to respond to Motion to Dismiss, this Motion was not filed three days in advance of the deadline as required by the Initial Scheduling Order. Responses to Motion to Dismiss due 12/5/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/2/2020. (DLG) |
| Dec 2, 2020 | 34 | Motion for Extension of Time (3) Docket Text: Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss the Amended Complaint and to File a Pleading Responsive to Defendants' Counterclaims by CPI Security Systems, Inc.. Responses due by 12/16/2020 (Gieser, Caroline). Motions referred to David S. Cayer. |
| Nov 18, 2020 | 31 | Motion to Dismiss/Failure to State a Claim (3) Docket Text: **WITHDRAWN** MOTION to Dismiss for Failure to State a Claim by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/2/2020 (Erteschik, Andrew) Modified text on 12/14/2020 (brl). |
| Nov 18, 2020 | 32 | Memorandum in Support of Motion (13) Docket Text: MEMORANDUM in Support re [31] MOTION to Dismiss for Failure to State a Claim by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew) |
| Nov 18, 2020 | 33 | Main Document (27) Docket Text: ANSWER to [29] Amended Complaint , COUNTERCLAIM against CPI Security Systems, Inc. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: # (1) Exhibit A - CPI app, # (2) Exhibit B - CPI e-mail)(Erteschik, Andrew) |
| Nov 18, 2020 | 33 | Exhibit A - CPI app (1) |
| Nov 18, 2020 | 33 | Exhibit B - CPI e-mail (1) |
| Nov 17, 2020 | 30 | Certification of Initial Attorneys Conference and Discovery Plan (5) Docket Text: CERTIFICATION of initial attorney conference and discovery plan (Herbert, Gregory) |
| Nov 12, 2020 | 29 | Amended Complaint (24) Docket Text: AMENDED COMPLAINT with Jury Demand against All Defendants, filed by CPI Security Systems, Inc..(Gieser, Caroline) |
| Oct 29, 2020 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Gregory W. Herbert: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 11/5/2020. (brl) |
| Oct 29, 2020 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Michael N. Kreitzer: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 11/5/2020. (brl) |
| Oct 29, 2020 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Jared R. Kessler: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 11/5/2020. (brl) |
| Oct 29, 2020 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Matthew A. Steward: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 11/5/2020. (brl) |
| Oct 29, 2020 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Shannon K. Zollinger: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 11/5/2020. (brl) |
| Oct 29, 2020 | 28 | Order on Motion for Leave to Appear Pro Hac Vice (1) Docket Text:ORDER granting [20], [21], [22], [23] and [24] Motion for Leave to Appear Pro Hac Vice Attorneys Gregory W. Herbert, Michael N. Kreitzer, Jared R. Kessler, Matthew A. Steward and Shannon K. Zollinger added for Vivint Smart Home, Inc. and Legacy Vivint Smart Home, Inc. Signed by Magistrate Judge David S. Cayer on 10/29/2020. (brl) |
| Oct 28, 2020 | 25 | Motion to Dismiss/Failure to State a Claim (4) Docket Text: MOTION to Dismiss for Failure to State a Claim by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 11/12/2020 (Erteschik, Andrew) |
| Oct 28, 2020 | 26 | Memorandum in Support of Motion (20) Docket Text: MEMORANDUM in Support re [25] MOTION to Dismiss for Failure to State a Claim by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew) |
| Oct 28, 2020 | 27 | Answer to Complaint (12) Docket Text: ANSWER to [1] Complaint, by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc..(Erteschik, Andrew) |
| Oct 27, 2020 | 20 | Motion to Appear Pro Hac Vice (4) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Gregory W. Herbert Filing fee $ 281, receipt number 0419-4733811. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer. |
| Oct 27, 2020 | 21 | Motion to Appear Pro Hac Vice (4) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Michael N. Kreitzer Filing fee $ 281, receipt number 0419-4733815. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer. |
| Oct 27, 2020 | 22 | Motion to Appear Pro Hac Vice (4) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Jared R. Kessler Filing fee $ 281, receipt number 0419-4733818. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer. |
| Oct 27, 2020 | 23 | Motion to Appear Pro Hac Vice (4) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Matthew A. Steward Filing fee $ 281, receipt number 0419-4733819. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer. |
| Oct 27, 2020 | 24 | Motion to Appear Pro Hac Vice (4) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Shannon K. Zollinger Filing fee $ 281, receipt number 0419-4733820. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer. |
| Oct 13, 2020 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Daniel E. Rohner: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 10/20/2020. (brl) |
| Oct 13, 2020 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Eric J. Hobbs: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 10/20/2020. (brl) |
| Oct 13, 2020 | 19 | Order on Motion for Leave to Appear Pro Hac Vice (1) Docket Text:ORDER granting [17] and [18] Motion for Leave to Appear Pro Hac Vice added Daniel E. Rohner and Eric J. Hobbs for CPI Security Systems, Inc.. Signed by Magistrate Judge David S. Cayer on 10/12/2020. (brl) |
| Oct 12, 2020 | 17 | Motion to Appear Pro Hac Vice (6) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Daniel E. Rohner Filing fee $ 281, receipt number 0419-4708608. by CPI Security Systems, Inc.. (Gieser, Caroline). Motions referred to David S. Cayer. |
| Oct 12, 2020 | 18 | Motion to Appear Pro Hac Vice (6) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Eric J. Hobbs Filing fee $ 281, receipt number 0419-4708612. by CPI Security Systems, Inc.. (Gieser, Caroline). Motions referred to David S. Cayer. |
| Oct 9, 2020 | 16 | Order on Motion for Leave to Appear Pro Hac Vice (1) Docket Text:ORDER granting [14] Motion for Leave to Appear Pro Hac Vice added Charles C. Eblen for CPI Security Systems, Inc. Signed by Magistrate Judge David S. Cayer on 10/9/2020. (mek) |
| Oct 6, 2020 | 14 | Main Document (3) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Charles C. Eblen Filing fee $ 281, receipt number 0419-4700206. by CPI Security Systems, Inc.. (Attachments: # (1) Exhibit List of Previous Court Admissions, # (2) Exhibit Missouri Certificate of Admission) (Gieser, Caroline). Motions referred to David S. Cayer. (Main Document 14 replaced on 10/6/2020) (mek). |
| Oct 6, 2020 | 14 | Exhibit List of Previous Court Admissions (2) |
| Oct 6, 2020 | 14 | Exhibit Missouri Certificate of Admission (1) |
| Oct 6, 2020 | 15 | Order on Motion for Extension of Time (2) Docket Text:ORDER granting [13] Motion for Extension of Time to Answer re [1] Complaint. Legacy Vivint Smart Home, Inc. answer due 10/28/2020; Vivint Smart Home, Inc. answer due 10/28/2020. Signed by Magistrate Judge David S. Cayer on 10/6/2020. (mek) |
| Oct 5, 2020 | 7 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Andrew Harry Erteschik on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew) |
| Oct 5, 2020 | 8 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Steven B. Epstein on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Epstein, Steven) |
| Oct 5, 2020 | 9 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Nathaniel Cosmo Zinkow on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Zinkow, Nathaniel) |
| Oct 5, 2020 | 10 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by John Michael Durnovich on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Durnovich, John) |
| Oct 5, 2020 | 11 | Corporate Disclosure Statement (3) Docket Text: Corporate Disclosure Statement by Vivint Smart Home, Inc. (Erteschik, Andrew) |
| Oct 5, 2020 | 12 | Corporate Disclosure Statement (3) Docket Text: Corporate Disclosure Statement by Legacy Vivint Smart Home, Inc. (Erteschik, Andrew) |
| Oct 5, 2020 | 13 | Main Document (3) Docket Text: Consent MOTION for Extension of Time to Answer re: [1] Complaint, by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: # (1) Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer. |
| Oct 5, 2020 | 13 | Proposed Order (1) |
| Sep 20, 2020 | 6 | Corporate Disclosure Statement (2) Docket Text: Corporate Disclosure Statement by CPI Security Systems, Inc. (Gieser, Caroline) |
| Sep 17, 2020 | 4 | Affidavit of Service (1) Docket Text: AFFIDAVIT of Service filed by CPI Security Systems, Inc.. Vivint Smart Home, Inc. served on 9/16/2020, answer due 10/7/2020. (Gieser, Caroline) |
| Sep 17, 2020 | 5 | Affidavit of Service (1) Docket Text: AFFIDAVIT of Service filed by CPI Security Systems, Inc.. Legacy Vivint Smart Home, Inc. served on 9/16/2020, answer due 10/7/2020. (Gieser, Caroline) |
| Sep 14, 2020 | N/A | Case Assigned/Reassigned (0) Docket Text: Case assigned to District Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(eef) |
| Sep 14, 2020 | N/A | Initial Scheduling Order Entry - Judge Whitney (0) Docket Text: Clerk's Entry and Service of Initial Scheduling Order and Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (eef) |
| Sep 14, 2020 | 2 | Main Document (1) Docket Text: REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (Attachments: # (1) Complaint) (eef) |
| Sep 14, 2020 | 2 | Complaint (25) |
| Sep 14, 2020 | 3 | Main Document (2) Docket Text: Summons Issued Electronically as to Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: # (1) Summons)(eef) |
| Sep 14, 2020 | 3 | Summons (2) |
| Sep 11, 2020 | 1 | Main Document (23) Docket Text: COMPLAINT against Vivint Smart Home, Inc. and Legacy Vivint Smart Home, Inc. with Jury Demand ( Filing fee $ 400 receipt number 0419-4664802), filed by CPI Security Systems, Inc.(Attachments: # (1) Cover Sheet)(Gieser, Caroline) Modified text on 9/14/2020 (ams). |
| Sep 11, 2020 | 1 | Cover Sheet (2) |
