Case number 9:19-cv-81305
Office Depot, Inc. et al v. Elementum Ltd. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 14, 2021 | 307 | Main Document (2) Docket Text: STIPULATION re [289] Judgment, [262] Judgment to Vacate Final Judgment and Amended Final Judgment and to Dismiss Action with Prejudice by Office Depot, Inc. (Attachments: # (1) Text of Proposed Order)(Pace, Christopher) |
| Sep 14, 2021 | 307 | Text of Proposed Order (1) |
| Sep 14, 2021 | 308 | Order Dismissing/Closing Case (2) Docket Text: ORDER OF DISMISSAL. Signed by Judge Raag Singhal on 9/14/2021. See attached document for full details. (drz) |
| Sep 2, 2021 | 305 | Main Document (3) Docket Text: Unopposed MOTION to Withdraw as Attorney by Brianna P. Hathaway for / by Office Depot, Inc.. Responses due by 9/16/2021 (Attachments: # (1) Text of Proposed Order)(Hathaway, Brianna) |
| Sep 2, 2021 | 305 | Text of Proposed Order (1) |
| Sep 2, 2021 | N/A | Order on Motion to Withdraw as Attorney (0) Docket Text: PAPERLESS ORDER granting [305] Motion to Withdraw as Attorney. Brianna Paige Hathaway representing Plaintiff is withdrawn from case. Signed by Judge Raag Singhal on 9/2/2021. (eca) |
| Aug 23, 2021 | N/A | Terminate Deadlines and Hearings (0) Docket Text: Deadline(s)/Hearing(s) terminated per Order DE#[304]. (drz) |
| Aug 23, 2021 | 302 | Notice of Settlement (3) Docket Text: NOTICE of Settlement (Joint) by Office Depot, Inc. (Pace, Christopher) |
| Aug 23, 2021 | 303 | USCA Order (6) Docket Text: CORRECTED ORDER of USCA: Pursuant to Appellant-Cross Appellee ODP and Appellee-Cross Appellant Elementum, Ltd.'s motion for voluntary dismissal, these appeals were dismissed on August 20, 2021 as to [292] Notice of Cross Appeal, filed by Elementum Ltd., [290] Notice of Appeal, filed by Office Depot, Inc., [269] Notice of Appeal, filed by Office Depot, Inc., [279] Notice of Cross Appeal, filed by Elementum Ltd., USCA # 21-10332-AA (hh) |
| Aug 23, 2021 | 304 | Administrative Order (2) Docket Text: ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge Raag Singhal on 8/23/2021. See attached document for full details. (drz) |
| Aug 20, 2021 | 301 | USCA Order (2) Docket Text: ORDER of Dismissal of USCA: Pursuant to Appellant-Cross Appellee ODP and Appellee-Cross Appellant Elementum, Ltd.'s motion for voluntary dismissal, these appeals were dismissed on August 20, 2021 as to [292] Notice of Cross Appeal, filed by Elementum Ltd., [290] Notice of Appeal, filed by Office Depot, Inc., [269] Notice of Appeal, filed by Office Depot, Inc., [279] Notice of Cross Appeal, filed by Elementum Ltd., USCA # 21-10332-AA (hh) |
| Jul 7, 2021 | 300 | Main Document (5) Docket Text: Surety BOND in the amount of $8,613,925.21 posted by Office Depot, Inc. Approved by Judge Raag Singhal. (Attachments: # (1) Notice of Filing Bond) (drz) |
| Jul 7, 2021 | 300 | Notice of Filing Bond (2) |
| Jul 2, 2021 | 298 | Order on Motion to Stay (2) Docket Text: ORDER denying as moot [271] Motion to Stay; granting [297] Motion for Bond. Signed by Judge Raag Singhal on 7/2/2021. See attached document for full details. (drz) |
| Jul 2, 2021 | 299 | Order on Motion for Bill of Costs (2) Docket Text: ORDER terminating [268] Motion for Bill of Costs. Signed by Judge Raag Singhal on 7/2/2021. See attached document for full details. (drz) |
| May 28, 2021 | 297 | Main Document (4) Docket Text: Unopposed MOTION for Bond Approval by Office Depot, Inc.. Responses due by 6/11/2021 (Attachments: # (1) Exhibit A - Supersedeas Bond)(Mastrucci Lehn, Christina) |
| May 28, 2021 | 297 | Exhibit A - Supersedeas Bond (4) |
| May 25, 2021 | N/A | Electronic Availability of ROA (0) Docket Text: Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: [292] Notice of Cross Appeal, [290] Notice of Appeal, [269] Notice of Appeal, [279] Notice of Cross Appeal, Appeal No. 21-10332-AA. The entire record on appeal is available electronically. (hh) |
| May 4, 2021 | N/A | Terminate Attorneys (0) Docket Text: Attorney Christopher Martin Lomax representing Office Depot, Inc. (Plaintiff) and The Office Club, Inc. (Plaintiff) terminated per Order DE#[295]. (drz) |
| May 4, 2021 | 295 | Order on Motion to Withdraw as Attorney (2) Docket Text: ORDER granting [294] Motion to Withdraw as Attorney. Christopher Martin Lomax representing Office Depot, Inc. (Counter Defendant) and Office Depot, Inc. (Counter Defendant) withdrawn from case. Signed by Judge Raag Singhal on 5/4/2021. See attached document for full details. (drz) |
| Apr 29, 2021 | N/A | Transmission of Notice of Appeal and Docket Sheet to USCA (0) Docket Text: Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [292] Notice of Cross Appeal. Notice has been electronically mailed. (hh) |
| Apr 28, 2021 | N/A | Transmission of Notice of Appeal and Docket Sheet to USCA (0) Docket Text: Transmission of Notice of Appeal, Amended Judgment under appeal and Docket Sheet to US Court of Appeals re [290] Notice of Appeal, Notice has been electronically mailed. (apz) |
| Apr 28, 2021 | N/A | Clerk's Notice of Docket Correction and Instruction to Filer - Attorney (0) Docket Text: Clerks Notice to Filer re [290] Notice of Appeal. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (apz) |
| Mar 2, 2021 | N/A | Notice of Compliance (0) Docket Text: CLERK'S NOTICE of Compliance re [286] Order on Motion to Seal, DE#278 unsealed per chambers (dj) |
| Feb 11, 2021 | N/A | Transmission of Notice of Appeal and Docket Sheet to USCA (0) Docket Text: Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [279] Notice of Cross Appeal. Notice has been electronically mailed. (hh) |
| Feb 1, 2021 | N/A | Transmission of Notice of Appeal and Docket Sheet to USCA (0) Docket Text: Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [269] Notice of Appeal. Notice has been electronically mailed. (hh) |
| Dec 30, 2020 | 261 | Order on Motion for Miscellaneous Relief (10) Docket Text: ORDER granting [179] Motion for Summary Judgment; Any pending Motions are DENIED AS MOOT. Closing Case. Signed by Judge Raag Singhal on 12/30/2020. See attached document for full details. (jao) |
| Dec 30, 2020 | 262 | Judgment (2) Docket Text: VACATED PER ORDER DE#[308]-FINAL JUDGMENT in favor of Elementum Ltd. against Office Depot, Inc. Signed by Judge Raag Singhal on 12/30/2020. See attached document for full details. (jao) Modified on 9/15/2021 (drz). |
| Dec 28, 2020 | 259 | Reply to Response to Motion (3) Docket Text: REPLY to Response to Motion re [255] MOTION to Strike [254] Answer to Counterclaim Affirmative Defense of Fraudulent Inducement filed by Elementum Ltd.(a Foreign Limited Partnership). (Carey, John) |
| Dec 28, 2020 | 260 | Stipulation (3) Docket Text: STIPULATION (JOINT) Regarding Trial Procedures by Office Depot, Inc. (Lomax, Christopher) |
| Dec 24, 2020 | 258 | Response in Opposition to Motion (4) Docket Text: RESPONSE in Opposition re [255] MOTION to Strike [254] Answer to Counterclaim Affirmative Defense of Fraudulent Inducement filed by Office Depot, Inc.. Replies due by 12/31/2020. (Hathaway, Brianna) |
| Dec 23, 2020 | 257 | Main Document (1) Docket Text: Exhibit List by Elementum Ltd.(a Foreign Limited Partnership).. (Attachments: # (1) Amended Exhibit List)(Carey, John) |
| Dec 23, 2020 | 257 | Amended Exhibit List (27) |
| Dec 18, 2020 | 255 | Motion to Strike (3) Docket Text: MOTION to Strike [254] Answer to Counterclaim Affirmative Defense of Fraudulent Inducement by Elementum Ltd.(a Foreign Limited Partnership). Responses due by 1/4/2021 (Carey, John) |
| Dec 18, 2020 | 256 | Main Document (2) Docket Text: NOTICE by Office Depot, Inc. re [250] Pretrial Stipulation re Amendment to Exhibit A of Joint Pretrial Stipulation (Attachments: # (1) Exhibit A - Office Depot's Witness List) (Lomax, Christopher) |
| Dec 18, 2020 | 256 | Exhibit A - Office Depot's Witness List (3) |
| Dec 16, 2020 | 254 | Main Document (8) Docket Text: ANSWER to Counterclaim by Office Depot, Inc.. (Attachments: # (1) Exhibit 1 - Third Amended Complaint)(Lomax, Christopher) |
| Dec 16, 2020 | 254 | Exhibit 1 - Third Amended Complaint (49) |
| Dec 15, 2020 | 253 | Main Document (2) Docket Text: NOTICE by Office Depot, Inc. Joint Notice of Filing Trial Exhibit Lists, Deposition Designations and Index of Transcripts (Attachments: # (1) Exhibit A - Office Depot Trial Exhibit List, # (2) Exhibit B - Elementum Trial Exhibit List, # (3) Exhibit C - Office Depot Deposition Designation, # (4) Exhibit D - Elementum Deposition Designations, # (5) Exhibit E - Index of Previously-Filed Deposition Transcripts, # (6) Exhibit F - Depo. Tr. Elvis Herrera dated August 7, 2020) (Lomax, Christopher) |
| Dec 15, 2020 | 253 | Exhibit A - Office Depot Trial Exhibit List (33) |
| Dec 15, 2020 | 253 | Exhibit B - Elementum Trial Exhibit List (23) |
| Dec 15, 2020 | 253 | Exhibit C - Office Depot Deposition Designation (6) |
| Dec 15, 2020 | 253 | Exhibit D - Elementum Deposition Designations (20) |
| Dec 15, 2020 | 253 | Exhibit E - Index of Previously-Filed Deposition Transcripts (2) |
| Dec 15, 2020 | 253 | Exhibit F - Depo. Tr. Elvis Herrera dated August 7, 2020 (48) |
| Dec 14, 2020 | N/A | Calendar Call (0) Docket Text: PAPERLESS Minute Entry for proceedings held before Judge Raag Singhal: Calendar Call held on 12/14/2020. Bench Trial set for 01/11/2021 at 10:00 AM VTC ZOOM before Judge Raag Singhal. Total time in court: 1 hour : 15 minutes. Attorney Appearances: John C. Carey, Asim Bhansali, Kate E. Lazarus, Nicholas A. Roethlisberger, Scott W. Taylor, Christopher Martin Lomax, Christopher R.J. Pace, Brianna Paige Hathaway, Christina Therese Mastrucci. Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. NOTICE OF POLICY RE ELECTRONIC SUBMISSION OF EXHIBITS. Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the The Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, The Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Courts website: http://www.flsd.uscourts.gov. (eca) |
| Dec 8, 2020 | 249 | Proposed Findings of Fact (30) Docket Text: Proposed Findings of Fact and Proposed Conclusions of Law by Elementum Ltd.. (Carey, John) |
| Dec 8, 2020 | 250 | Main Document (13) Docket Text: PRETRIAL STIPULATION (JOINT) by Office Depot, Inc. (Attachments: # (1) Exhibit A - Office Depot's Witness List, # (2) Exhibit B - Elementum's Witness List)(Hathaway, Brianna) |
| Dec 8, 2020 | 250 | Exhibit A - Office Depot's Witness List (3) |
| Dec 8, 2020 | 250 | Exhibit B - Elementum's Witness List (1) |
| Dec 8, 2020 | 251 | Proposed Findings of Fact (30) Docket Text: Proposed Findings of Fact and Proposed Conclusions of Law by Office Depot, Inc.. (Mastrucci, Christina) |
| Dec 3, 2020 | 247 | Order on Motion for Extension of Time (2) Docket Text: ORDER EXTENDING PRETRIAL DEADLINES: granting [245] Motion for Extension of Time. Pretrial Stipulation due by 12/8/2020. Signed by Judge Raag Singhal on 12/3/2020. See attached document for full details. (jao) |
| Dec 3, 2020 | 248 | Scheduling Order (1) Docket Text: ORDER RESETTING TRIAL AND RESCHEDULING CALENDAR CALL: Jury Trial set for 1/11/2021 10:00 AM before Judge Raag Singhal. Calendar Call set for 12/14/2020 03:30 PM before Judge Raag Singhal. Signed by Judge Raag Singhal on 12/3/2020. See attached document for full details. (jao) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. |
| Dec 2, 2020 | 246 | Answer to Amended Complaint (20) Docket Text: ANSWER and Affirmative Defenses to Amended Complaint , COUNTERCLAIM against Office Depot, Inc. by Elementum Ltd.. (Carey, John) |
| Dec 1, 2020 | 245 | Main Document (4) Docket Text: Joint MOTION for Extension of Time to file pretrial deadlines by Office Depot, Inc.. Responses due by 12/15/2020 (Attachments: # (1) Text of Proposed Order)(Hathaway, Brianna) |
| Dec 1, 2020 | 245 | Text of Proposed Order (1) |
| Nov 25, 2020 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Answer Due Deadlin as per DE [244]: Elementum Ltd. response due 12/3/2020. (lk) |
| Nov 25, 2020 | 242 | Scheduling Order (1) Docket Text: SCHEDULING ORDER RESETTING TRIAL: Jury Trial set for 1/11/2021 10:00 AM in Fort Lauderdale Division before Judge Raag Singhal. Calendar Call set for 12/4/2020 03:00 PM in Fort Lauderdale Division before Judge Raag Singhal. Signed by Judge Raag Singhal on 11/25/2020. See attached document for full details. (lk) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. |
| Nov 25, 2020 | 243 | Order (1) Docket Text: ORDER EXTENDING PRETRIAL DEADLINES: ( JOINT Pretrial Stipulation and Parties Proposed Findings of Fact and Proposed Conclusions of Law due by 12/3/2020.) Signed by Judge Raag Singhal on 11/25/2020. See attached document for full details. (lk) |
| Nov 25, 2020 | 244 | Order on Motion for Reconsideration (7) Docket Text: ORDER denying as moot [99] Motion for Reconsideration ; Granting [104] Motion to Dismiss for Failure to State a Claim; Denying as moot [124] Motion to Strike ; Denying [186] Motion for Partial Summary Judgment. Signed by Judge Raag Singhal on 11/25/2020. See attached document for full details. (lk) |
| Nov 18, 2020 | N/A | Status Conference (0) Docket Text: PAPERLESS Minute Entry for proceedings held before Judge Raag Singhal: Status Conference held on 11/18/2020. Total time in court: 45 minutes. Attorney Appearances: John C. Carey, Asim Bhansali, Kate E. Lazarus, Nicholas A. Roethlisberger, Scott W. Taylor, Christopher Martin Lomax, Christopher R.J. Pace, Brianna Paige Hathaway, Christina Therese Mastrucci. Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (eca) |
| Nov 12, 2020 | 240 | Order on Motion for Miscellaneous Relief (1) Docket Text: ORDER SETTING TELEPHONIC HEARING: granting [239] Motion for Case Management Conference Regarding Upcoming Trial. Telephonic Status Conference set for 11/18/2020 03:15 PM before Judge Raag Singhal. Signed by Judge Raag Singhal on 11/12/2020. See attached document for full details. (jao) |
| Oct 28, 2020 | 239 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Case Management Conference Regarding Upcoming Trial by Elementum Ltd.. (Carey, John) |
| Oct 26, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 237 [misc] restricted/sealed until further notice. (1473996) |
| Oct 26, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 238 [misc] restricted/sealed until further notice. (1473996) |
| Oct 23, 2020 | 236 | Order on Motion to Seal (2) Docket Text: Order to File Under Seal; granting [221] Motion to File Under Seal. Signed by Judge Raag Singhal on 10/23/2020. See attached document for full details. (cbr) |
| Oct 19, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 228 [misc] restricted/sealed until further notice. (731653) |
| Oct 19, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 229 [misc] restricted/sealed until further notice. (731653) |
| Oct 19, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 230 [misc] restricted/sealed until further notice. (1473996) |
| Oct 19, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 231 [misc] restricted/sealed until further notice. (1473996) |
| Oct 19, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 232 [misc] restricted/sealed until further notice. (1473996) |
| Oct 19, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 233 [misc] restricted/sealed until further notice. (731653) |
| Oct 19, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 234 [misc] restricted/sealed until further notice. (731653) |
| Oct 19, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 235 [misc] restricted/sealed until further notice. (731653) |
| Oct 16, 2020 | N/A | Order on Motion for Leave to File Excess Pages (0) Docket Text: PAPERLESS ORDER granting [216] Motion for Leave to File Excess Pages. The parties' Reply Statements of Material Facts shall not exceed 25 pages. Signed The Court instructs counsel not to use excessive footnotes. Signed by Judge Raag Singhal on 10/16/2020. (eca) |
| Oct 16, 2020 | N/A | Order on Motion to Appear Pro Hac Vice (0) Docket Text: PAPERLESS ORDER granting [213] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Scott W. Taylor. Signed by Judge Raag Singhal on 10/16/2020. (eca) |
| Oct 16, 2020 | 221 | Main Document (4) Docket Text: Unopposed MOTION to Seal Reply in Support of Motion for Partial Summary Judgment and Reply Statement of Material Facts per Local Rule 5.4 by Office Depot, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order) (Mastrucci, Christina) |
| Oct 16, 2020 | 221 | Text of Proposed Order Proposed Order (1) |
| Oct 16, 2020 | 222 | Main Document (10) Docket Text: REPLY to Response to Motion re [182] MOTION in Limine REDACTED filed by Elementum Ltd.. (Attachments: # (1) Exhibit 1)(Carey, John) |
| Oct 16, 2020 | 222 | Exhibit 1 (7) |
| Oct 16, 2020 | 223 | Reply to Response to Motion (12) Docket Text: REPLY to Response to Motion re [179] MOTION for Summary Judgment REDACTED filed by Elementum Ltd.. (Carey, John) |
| Oct 16, 2020 | 224 | Statement (25) Docket Text: Statement of: Reply Statement of Material Facts in Support of Motion for Summary Judgment REDACTED by Elementum Ltd. re [209] Statement,,,,,,,,,, (Carey, John) |
| Oct 16, 2020 | 225 | Reply to Response to Motion (15) Docket Text: REPLY to Response to Motion re [186] MOTION for Partial Summary Judgment (Redacted) filed by Office Depot, Inc.. (Mastrucci, Christina) |
| Oct 16, 2020 | 226 | Statement (13) Docket Text: Statement of: Plaintiff's Reply Statement of Material Facts in Support of Motion for Partial Summary Judgment (Redacted) by Office Depot, Inc. re [225] Reply to Response to Motion (Mastrucci, Christina) |
| Oct 16, 2020 | 227 | Order on Motion to Seal (2) Docket Text: Order to File Under Seal; granting [203] Motion to Seal; granting [206] Motion to Seal; granting [218] Motion to Seal. Signed by Judge Raag Singhal on 10/16/2020. See attached document for full details. (cbr) |
| Oct 15, 2020 | 217 | Reply to Response to Motion (11) Docket Text: REPLY to Response to Motion re [177] MOTION To Exclude Expert Opinions of Rosemary Coates filed by Elementum Ltd.. (Carey, John) |
| Oct 15, 2020 | 218 | Main Document (3) Docket Text: Unopposed MOTION to Seal Reply in Support of Motion for Summary Judgment, Reply Statement of Material Facts, and Reply in Support of Motion In Limine per Local Rule 5.4 by Elementum Ltd.. (Attachments: # (1) Text of Proposed Order) (Carey, John) |
| Oct 15, 2020 | 218 | Text of Proposed Order (2) |
| Oct 14, 2020 | 216 | Main Document (3) Docket Text: Joint MOTION for Leave to File Excess Pages for Reply Statements of Material Facts in Support of Replies to Motions for Summary Judgment by Elementum Ltd.. (Attachments: # (1) Text of Proposed Order)(Carey, John) |
| Oct 14, 2020 | 216 | Text of Proposed Order (1) |
| Oct 13, 2020 | 214 | Reply to Response to Motion (9) Docket Text: REPLY to Response to Motion re [183] MOTION in Limine filed by Office Depot, Inc.. (Lomax, Christopher) |
| Oct 13, 2020 | 215 | Main Document (15) Docket Text: REPLY to Response to Motion re [184] MOTION to Exclude Testimony of Elizabeth McGlauflin Under Federal Rules of Evidence filed by Office Depot, Inc.. (Attachments: # (1) Exhibit A - Excerpt of McGlauflin Depo. Tr.)(Pace, Christopher) |
| Oct 13, 2020 | 215 | Exhibit A - Excerpt of McGlauflin Depo. Tr. (9) |
| Oct 12, 2020 | 213 | Motion to Appear Pro Hac Vice (5) Docket Text: MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott W. Taylor. Filing Fee $ 200.00 Receipt # AFLSDC-13677148 by Elementum Ltd.. Responses due by 10/26/2020 (Carey, John) |
| Oct 10, 2020 | 211 | Notice (Other) (3) Docket Text: NOTICE by Elementum Ltd. re [204] Response in Opposition to Motion Index of Exhibits (Carey, John) |
| Oct 10, 2020 | 212 | Notice (Other) (6) Docket Text: NOTICE by Office Depot, Inc. re [209] Statement,,,,,,,,,, [208] Response in Opposition to Motion Plaintiff's Index of Exhibits Cited in Support of Plaintiff's Response to Defendant's Statement of Material Facts in Support of Defendant's Motion for Summary Judgment (Mastrucci, Christina) |
| Oct 9, 2020 | 204 | Response in Opposition to Motion (22) Docket Text: RESPONSE in Opposition re [186] MOTION for Partial Summary Judgment REDACTED filed by Elementum Ltd.. Replies due by 10/16/2020. (Carey, John) |
| Oct 9, 2020 | 205 | Main Document (27) Docket Text: Statement of: Opposing Statement of Material Facts in Support of Opposition to Motion for Partial Summary Judgment (Redacted) by Elementum Ltd. re [204] Response in Opposition to Motion (Attachments: # (1) Exhibit A - Deposition of Gerry Smith, Sept. 9, 2020 (Redacted))(Carey, John) |
| Oct 9, 2020 | 205 | Exhibit A - Deposition of Gerry Smith, Sept. 9, 2020 (Redacted) (1) |
| Oct 9, 2020 | 206 | Main Document (4) Docket Text: Unopposed MOTION to Seal Opposition to Defendant's Motion in Limine, Opposition to Defendant's Motion for Summary Judgment, Response to Defendant's Statement of Material Facts, and Certain Exhibits Thereto per Local Rule 5.4 by Office Depot, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order) (Mastrucci, Christina) |
| Oct 9, 2020 | 206 | Text of Proposed Order Proposed Order (2) |
| Oct 9, 2020 | 207 | Main Document (19) Docket Text: RESPONSE in Opposition re [177] MOTION To Exclude Expert Opinions of Rosemary Coates filed by Office Depot, Inc.. Replies due by 10/16/2020. (Attachments: # (1) Exhibit A - Expert's Supplemental Declaration)(Hathaway, Brianna) |
| Oct 9, 2020 | 207 | Exhibit A - Expert's Supplemental Declaration (7) |
| Oct 9, 2020 | 208 | Response in Opposition to Motion (26) Docket Text: RESPONSE in Opposition re [179] MOTION for Summary Judgment (Redacted) filed by Office Depot, Inc.. Replies due by 10/16/2020. (Mastrucci, Christina) |
| Oct 9, 2020 | 209 | Main Document (27) Docket Text: Statement of: Plaintiff's Response to Defendant's Statement of Material Facts in Support of Defendant's Motion for Summary Judgment (Redacted) by Office Depot, Inc. re [208] Response in Opposition to Motion (Attachments: # (1) Exhibit 1 - ELEM0539433-37 (Excerpt from ELEM0539187), # (2) Exhibit 2 - ELEM0333810, # (3) Exhibit 3 - Depo. Tr. Gerry Smith dated September 9, 2020, # (4) Exhibit 4 - ELEM0050356, # (5) Exhibit 5 - ELEM0051138, # (6) Exhibit 6 - ELEM0469791, # (7) Exhibit 7 - ELEM0469712, # (8) Exhibit 8 - ELEM0478622, # (9) Exhibit 9 - ELEM0338825, # (10) Exhibit 10 - ELEM0554517, # (11) Exhibit 11 - ELEM0168484, # (12) Exhibit 12 - ELEM0304799, # (13) Exhibit 13 - ELEM0241987, # (14) Exhibit 14 - ELEM0663872, # (15) Exhibit 15 - ELEM0302715, # (16) Exhibit 16 - ELEM0305463, # (17) Exhibit 17 - ELEM0312974, # (18) Exhibit 18 - ELEM0318171, # (19) Exhibit 19 - ELEM0320299, # (20) Exhibit 20 - ELEM0664084, # (21) Exhibit 21 - ELEM0216855, # (22) Exhibit 22 - ELEM0496376, # (23) Exhibit 23 - OD00027157, # (24) Exhibit 24 - OD00065016, # (25) Exhibit 25 - OD00098725, # (26) Exhibit 26 - OD00102745, # (27) Exhibit 27 - ELEM0499560, # (28) Exhibit 28 - ELEM0302448, # (29) Exhibit 29 - Depo. Tr. Nader Mikhail dated September 10, 2020, # (30) Exhibit 30 - ELEM0242042, # (31) Exhibit 31 - ELEM0462111, # (32) Exhibit 32 - ELEM0312988, # (33) Exhibit 33 - ELEM0313683, # (34) Exhibit 34 - ELEM0303539, # (35) Exhibit 35 - ELEM0048776, # (36) Exhibit 36 - ELEM0221218, # (37) Exhibit 37 - ELEM0324195, # (38) Exhibit 38 - ELEM0241838, # (39) Exhibit 39 - ELEM0306309 & ELEM0306310, # (40) Exhibit 40 - ELEM0331727, # (41) Exhibit 41 - OD00099039 & OD00099040, # (42) Exhibit 42 - ELEM0021661, # (43) Exhibit 43 - ELEM0097356 & ELEM0097357, # (44) Exhibit 44 - ELEM0122504, # (45) Exhibit 45 - ELEM0302479, # (46) Exhibit 46 - OD00056125, # (47) Exhibit 47 - ELEM0233303, # (48) Exhibit 48 - ELEM0664008, # (49) Exhibit 49 - ELEM0326601 & ELEM0326602, # (50) Exhibit 50 - ELEM0530405, # (51) Exhibit 51 - ELEM0332343, # (52) Exhibit 52 - ELEM0332517, # (53) Exhibit 53 - Lewis Dep. Exs. 46 & 47 (OD00001716 & OD00001717), # (54) Exhibit 54 - Decl. of Anna Morgan dated October 9, 2020, # (55) Exhibit 55 - Decl. of Christopher R.J. Pace dated October 9, 2020, # (56) Exhibit 56 - Dep. Exhs. Gerry Smith Not Cited in Office Depot's Response to Elementum's SOMF, # (57) Exhibit 57 - Dep. Exhs. Nader Mikhail Not Cited in Office Depot's Response to Elementum's SOMF)(Mastrucci, Christina) |
| Oct 9, 2020 | 209 | Exhibit 1 - ELEM0539433-37 (Excerpt from ELEM0539187) (2) |
| Oct 9, 2020 | 209 | Exhibit 2 - ELEM0333810 (13) |
| Oct 9, 2020 | 209 | Exhibit 3 - Depo. Tr. Gerry Smith dated September 9, 2020 (2) |
| Oct 9, 2020 | 209 | Exhibit 4 - ELEM0050356 (2) |
| Oct 9, 2020 | 209 | Exhibit 5 - ELEM0051138 (32) |
| Oct 9, 2020 | 209 | Exhibit 6 - ELEM0469791 (12) |
| Oct 9, 2020 | 209 | Exhibit 7 - ELEM0469712 (15) |
| Oct 9, 2020 | 209 | Exhibit 8 - ELEM0478622 (37) |
| Oct 9, 2020 | 209 | Exhibit 9 - ELEM0338825 (47) |
| Oct 9, 2020 | 209 | Exhibit 10 - ELEM0554517 (56) |
| Oct 9, 2020 | 209 | Exhibit 11 - ELEM0168484 (2) |
| Oct 9, 2020 | 209 | Exhibit 12 - ELEM0304799 (4) |
| Oct 9, 2020 | 209 | Exhibit 13 - ELEM0241987 (3) |
| Oct 9, 2020 | 209 | Exhibit 14 - ELEM0663872 (2) |
| Oct 9, 2020 | 209 | Exhibit 15 - ELEM0302715 (3) |
| Oct 9, 2020 | 209 | Exhibit 16 - ELEM0305463 (3) |
| Oct 9, 2020 | 209 | Exhibit 17 - ELEM0312974 (3) |
| Oct 9, 2020 | 209 | Exhibit 18 - ELEM0318171 (2) |
| Oct 9, 2020 | 209 | Exhibit 19 - ELEM0320299 (3) |
| Oct 9, 2020 | 209 | Exhibit 20 - ELEM0664084 (6) |
| Oct 9, 2020 | 209 | Exhibit 21 - ELEM0216855 (12) |
| Oct 9, 2020 | 209 | Exhibit 22 - ELEM0496376 (3) |
| Oct 9, 2020 | 209 | Exhibit 23 - OD00027157 (2) |
| Oct 9, 2020 | 209 | Exhibit 24 - OD00065016 (4) |
| Oct 9, 2020 | 209 | Exhibit 25 - OD00098725 (2) |
| Oct 9, 2020 | 209 | Exhibit 26 - OD00102745 (6) |
| Oct 9, 2020 | 209 | Exhibit 27 - ELEM0499560 (2) |
| Oct 9, 2020 | 209 | Exhibit 28 - ELEM0302448 (2) |
| Oct 9, 2020 | 209 | Exhibit 29 - Depo. Tr. Nader Mikhail dated September 10, 2020 (2) |
| Oct 9, 2020 | 209 | Exhibit 30 - ELEM0242042 (4) |
| Oct 9, 2020 | 209 | Exhibit 31 - ELEM0462111 (2) |
| Oct 9, 2020 | 209 | Exhibit 32 - ELEM0312988 (3) |
| Oct 9, 2020 | 209 | Exhibit 33 - ELEM0313683 (2) |
| Oct 9, 2020 | 209 | Exhibit 34 - ELEM0303539 (4) |
| Oct 9, 2020 | 209 | Exhibit 35 - ELEM0048776 (20) |
| Oct 9, 2020 | 209 | Exhibit 36 - ELEM0221218 (19) |
| Oct 9, 2020 | 209 | Exhibit 37 - ELEM0324195 (14) |
| Oct 9, 2020 | 209 | Exhibit 38 - ELEM0241838 (4) |
| Oct 9, 2020 | 209 | Exhibit 39 - ELEM0306309 & ELEM0306310 (12) |
| Oct 9, 2020 | 209 | Exhibit 40 - ELEM0331727 (2) |
| Oct 9, 2020 | 209 | Exhibit 41 - OD00099039 & OD00099040 (12) |
| Oct 9, 2020 | 209 | Exhibit 42 - ELEM0021661 (3) |
| Oct 9, 2020 | 209 | Exhibit 43 - ELEM0097356 & ELEM0097357 (11) |
| Oct 9, 2020 | 209 | Exhibit 44 - ELEM0122504 (15) |
| Oct 9, 2020 | 209 | Exhibit 45 - ELEM0302479 (19) |
| Oct 9, 2020 | 209 | Exhibit 46 - OD00056125 (19) |
| Oct 9, 2020 | 209 | Exhibit 47 - ELEM0233303 (20) |
| Oct 9, 2020 | 209 | Exhibit 48 - ELEM0664008 (3) |
| Oct 9, 2020 | 209 | Exhibit 49 - ELEM0326601 & ELEM0326602 (22) |
| Oct 9, 2020 | 209 | Exhibit 50 - ELEM0530405 (2) |
| Oct 9, 2020 | 209 | Exhibit 51 - ELEM0332343 (2) |
| Oct 9, 2020 | 209 | Exhibit 52 - ELEM0332517 (2) |
| Oct 9, 2020 | 209 | Exhibit 53 - Lewis Dep. Exs. 46 & 47 (OD00001716 & OD00001717) (14) |
| Oct 9, 2020 | 209 | Exhibit 54 - Decl. of Anna Morgan dated October 9, 2020 (4) |
| Oct 9, 2020 | 209 | Exhibit 55 - Decl. of Christopher R.J. Pace dated October 9, 2020 (5) |
| Oct 9, 2020 | 209 | Exhibit 56 - Dep. Exhs. Gerry Smith Not Cited in Office Depot's Response to (2) |
| Oct 9, 2020 | 209 | Exhibit 57 - Dep. Exhs. Nader Mikhail Not Cited in Office Depot's Response (2) |
| Oct 9, 2020 | 210 | Main Document (21) Docket Text: RESPONSE in Opposition re [182] MOTION in Limine filed by Office Depot, Inc.. Replies due by 10/16/2020. (Attachments: # (1) Exhibit A - Initial Disclosures)(Hathaway, Brianna) |
| Oct 9, 2020 | 210 | Exhibit A - Initial Disclosures (9) |
| Oct 7, 2020 | 203 | Main Document (4) Docket Text: Unopposed MOTION to Seal Elementum's Opposition to Office Depot's Motion for Partial Summary Judgment per Local Rule 5.4 by Elementum Ltd.. (Attachments: # (1) Text of Proposed Order) (Carey, John) |
| Oct 7, 2020 | 203 | Text of Proposed Order (1) |
| Oct 6, 2020 | N/A | Order on Motion for Leave to File Excess Pages (0) Docket Text: PAPERLESS ORDER granting [200] Motion for Leave to File Excess Pages. The parties' Opposing Statements of Material Facts shall not exceed 25 pages. Signed by Judge Raag Singhal on 10/6/2020. (eca) |
| Oct 6, 2020 | 202 | Response in Opposition to Motion (8) Docket Text: RESPONSE in Opposition re [183] MOTION in Limine filed by Elementum Ltd.. Replies due by 10/13/2020. (Carey, John) |
| Oct 5, 2020 | 199 | Main Document (14) Docket Text: RESPONSE in Opposition re [184] MOTION to Exclude Testimony of Elizabeth McGlauflin Under Federal Rules of Evidence filed by Elementum Ltd.. Replies due by 10/13/2020. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Carey, John) |
| Oct 5, 2020 | 199 | Exhibit 1 (8) |
| Oct 5, 2020 | 199 | Exhibit 2 (16) |
| Oct 5, 2020 | 199 | Exhibit 3 (15) |
| Oct 5, 2020 | 200 | Main Document (3) Docket Text: Joint MOTION for Leave to File Excess Pages for Opposing Statements of Material Facts in Support of Oppositions to Motions for Summary Judgment by Elementum Ltd.. (Attachments: # (1) Text of Proposed Order)(Carey, John) |
| Oct 5, 2020 | 200 | Text of Proposed Order (1) |
| Oct 2, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 198 [misc] restricted/sealed until further notice. (1473996) |
| Oct 1, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 193 [misc] restricted/sealed until further notice. (731653) |
| Oct 1, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 194 [misc] restricted/sealed until further notice. (731653) |
| Oct 1, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 195 [misc] restricted/sealed until further notice. (731653) |
| Oct 1, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 196 [misc] restricted/sealed until further notice. (731653) |
| Oct 1, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 197 [misc] restricted/sealed until further notice. (1473996) |
| Oct 1, 2020 | 192 | Order on Motion to Seal (2) Docket Text: ORDER granting [175] Motion to Seal ; granting [176] Motion to Seal ; granting [178] Motion to Seal ; granting [185] Motion to Seal ; granting [191] Motion to Seal Furthermore the documents shall be filed under seal and shall remain under seal until further order from this Court. Signed by Judge Raag Singhal on 9/30/2020. See attached document for full details. (dj) |
| Sep 27, 2020 | 191 | Main Document (4) Docket Text: Unopposed MOTION to Seal Plaintiff's Corrected Statement of Material Facts in Support of Motion for Partial Summary Judgment (Expedited) per Local Rule 5.4 by Office Depot, Inc.. (Attachments: # (1) Text of Proposed Order) (Hathaway, Brianna) |
| Sep 27, 2020 | 191 | Text of Proposed Order (1) |
| Sep 26, 2020 | 188 | Main Document (12) Docket Text: Statement of: Material Facts in Support of Motion for Partial Summary Judgment (Corrected) by Office Depot, Inc. re [186] MOTION for Partial Summary Judgment (Attachments: # (1) Exhibit 1 - Depo. Tr. David Blonski dated September 10, 2020, # (2) Exhibit 2 - Blonski Dep. Ex. 312, # (3) Exhibit 3 - ELEM0700568 & ELEM0700569, # (4) Exhibit 4 - ELEM0051051 & ELEM0051052, # (5) Exhibit 5 - Ledgerwood Dep. Exs. 221 & 222, # (6) Exhibit 6 - ELEM0051363 & ELEM0051364, # (7) Exhibit 7 - Depo. Tr. Stephanie Bernal dated August 25, 2020, # (8) Exhibit 8 - Depo. Tr. Craig Lewis dated July 10, 2020, # (9) Exhibit 9 - Depo. Tr. Kent Ledgerwood dated August 13, 2020, # (10) Exhibit 10 - Bernal Dep. Ex. 236, # (11) Exhibit 11 - Lewis Dep. Ex. 48, # (12) Exhibit 12 - Lewis Dep. Ex. 49, # (13) Exhibit 13 - Depo. Tr. Rick DiMaio dated September 4, 2020, # (14) Exhibit 14 - Depo. Tr. Gerry Smith dated September 9, 2020 (Rough), # (15) Exhibit 15 - Depo. Tr. John Gannfors dated September 3, 2020, # (16) Exhibit 16 - ELEM0467210, # (17) Exhibit 17 - Declaration of John Gannfors, # (18) Exhibit 18 - Depo. Tr. Stephen Hare dated July 1, 2020, # (19) Exhibit 19 - Hare Dep. Ex. 33, # (20) Exhibit 20 - Gannfors Dep. Ex. 86, # (21) Exhibit 21 - ELEM0051414 & ELEM0051415, # (22) Exhibit 22 - Bernal Dep. Exs. 256 & 257, # (23) Exhibit 23 - ELEM0051753, # (24) Exhibit 24 - Blonski Dep. Ex. 316, # (25) Exhibit 25 - Lewis Dep. Ex. 11, # (26) Exhibit 26 - Lewis Dep. Ex. 40, # (27) Exhibit 27 - Lewis Dep. Ex. 41, # (28) Exhibit 28 - Lewis Dep. Ex. 52, # (29) Exhibit 29 - ELEM0469315, # (30) Exhibit 30 - Depo. Tr. Robert Barylak dated August 25, 2020, # (31) Exhibit 31 - Barylak Dep. Ex. 283, # (32) Exhibit 32 - ELEM0314775, # (33) Exhibit 33 - Barylak Dep. Ex. 284, # (34) Exhibit 34 - ELEM0456518, # (35) Exhibit 35 - Depo. Tr. Anna Morgan dated July 29, 2020, # (36) Exhibit 36 - Depo. Tr. Rick DiMaio dated June 25, 2020, # (37) Exhibit 37 - DiMaio June 25, 2020 Dep. Ex. 23, # (38) Exhibit 38 - Depo. Tr. Robert Barylak dated August 26, 2020, # (39) Exhibit 39 - Barylak Dep. Ex. 304, # (40) Exhibit 40 - ELEM0315225& ELEM0315226, # (41) Exhibit 41 - Depo. Tr. Anna Morgan dated August 14, 2020, # (42) Exhibit 42 - ELEM0531720 & ELEM0531721, # (43) Exhibit 43 - ELEM0332454, ELEM0332455, & ELEM0332480, # (44) Exhibit 44 - Bernal Dep. Ex. 237, # (45) Exhibit 45 - Declaration of Christopher R.J. Pace, # (46) Exhibit 46 - Dep. Exhs. David Blonski Not Cited in SOMF, # (47) Exhibit 47 - Dep. Exhs. Stephanie Bernal Not Cited in SOMF, # (48) Exhibit 48 - Dep. Exhs. Craig Lewis Not Cited in SOMF, # (49) Exhibit 49 - Dep. Exhs. Kent Ledgerwood Not Cited in SOMF, # (50) Exhibit 50 - Dep. Exhs. Rick DiMaio Not Cited in SOMF, # (51) Exhibit 51 - Dep. Exhs. Gerry Smith Not Cited in SOMF, # (52) Exhibit 52 - Dep. Exhs. John Gannfors Not Cited in SOMF, # (53) Exhibit 53 - Dep. Exhs. Stephen Hare Not Cited in SOMF, # (54) Exhibit 54 - Dep. Exhs. Robert Barylak Not Cited in SOMF, # (55) Exhibit 55 - Dep. Exhs. Anna Morgan Not Cited in SOMF)(Mastrucci, Christina) |
| Sep 26, 2020 | 188 | Exhibit 1 - Depo. Tr. David Blonski dated September 10, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 2 - Blonski Dep. Ex. 312 (2) |
| Sep 26, 2020 | 188 | Exhibit 3 - ELEM0700568 & ELEM0700569 (3) |
| Sep 26, 2020 | 188 | Exhibit 4 - ELEM0051051 & ELEM0051052 (3) |
| Sep 26, 2020 | 188 | Exhibit 5 - Ledgerwood Dep. Exs. 221 & 222 (2) |
| Sep 26, 2020 | 188 | Exhibit 6 - ELEM0051363 & ELEM0051364 (13) |
| Sep 26, 2020 | 188 | Exhibit 7 - Depo. Tr. Stephanie Bernal dated August 25, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 8 - Depo. Tr. Craig Lewis dated July 10, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 9 - Depo. Tr. Kent Ledgerwood dated August 13, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 10 - Bernal Dep. Ex. 236 (2) |
| Sep 26, 2020 | 188 | Exhibit 11 - Lewis Dep. Ex. 48 (2) |
| Sep 26, 2020 | 188 | Exhibit 12 - Lewis Dep. Ex. 49 (2) |
| Sep 26, 2020 | 188 | Exhibit 13 - Depo. Tr. Rick DiMaio dated September 4, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 14 - Depo. Tr. Gerry Smith dated September 9, 2020 (Rough) (2) |
| Sep 26, 2020 | 188 | Exhibit 15 - Depo. Tr. John Gannfors dated September 3, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 16 - ELEM0467210 (3) |
| Sep 26, 2020 | 188 | Exhibit 17 - Declaration of John Gannfors (6) |
| Sep 26, 2020 | 188 | Exhibit 18 - Depo. Tr. Stephen Hare dated July 1, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 19 - Hare Dep. Ex. 33 (2) |
| Sep 26, 2020 | 188 | Exhibit 20 - Gannfors Dep. Ex. 86 (2) |
| Sep 26, 2020 | 188 | Exhibit 21 - ELEM0051414 & ELEM0051415 (18) |
| Sep 26, 2020 | 188 | Exhibit 22 - Bernal Dep. Exs. 256 & 257 (2) |
| Sep 26, 2020 | 188 | Exhibit 23 - ELEM0051753 (2) |
| Sep 26, 2020 | 188 | Exhibit 24 - Blonski Dep. Ex. 316 (2) |
| Sep 26, 2020 | 188 | Exhibit 25 - Lewis Dep. Ex. 11 (2) |
| Sep 26, 2020 | 188 | Exhibit 26 - Lewis Dep. Ex. 40 (2) |
| Sep 26, 2020 | 188 | Exhibit 27 - Lewis Dep. Ex. 41 (2) |
| Sep 26, 2020 | 188 | Exhibit 28 - Lewis Dep. Ex. 52 (2) |
| Sep 26, 2020 | 188 | Exhibit 29 - ELEM0469315 (2) |
| Sep 26, 2020 | 188 | Exhibit 30 - Depo. Tr. Robert Barylak dated August 25, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 31 - Barylak Dep. Ex. 283 (2) |
| Sep 26, 2020 | 188 | Exhibit 32 - ELEM0314775 (3) |
| Sep 26, 2020 | 188 | Exhibit 33 - Barylak Dep. Ex. 284 (2) |
| Sep 26, 2020 | 188 | Exhibit 34 - ELEM0456518 (2) |
| Sep 26, 2020 | 188 | Exhibit 35 - Depo. Tr. Anna Morgan dated July 29, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 36 - Depo. Tr. Rick DiMaio dated June 25, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 37 - DiMaio June 25, 2020 Dep. Ex. 23 (2) |
| Sep 26, 2020 | 188 | Exhibit 38 - Depo. Tr. Robert Barylak dated August 26, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 39 - Barylak Dep. Ex. 304 (2) |
| Sep 26, 2020 | 188 | Exhibit 40 - ELEM0315225& ELEM0315226 (6) |
| Sep 26, 2020 | 188 | Exhibit 41 - Depo. Tr. Anna Morgan dated August 14, 2020 (2) |
| Sep 26, 2020 | 188 | Exhibit 42 - ELEM0531720 & ELEM0531721 (2) |
| Sep 26, 2020 | 188 | Exhibit 43 - ELEM0332454, ELEM0332455, & ELEM0332480 (28) |
| Sep 26, 2020 | 188 | Exhibit 44 - Bernal Dep. Ex. 237 (2) |
| Sep 26, 2020 | 188 | Exhibit 45 - Declaration of Christopher R.J. Pace (5) |
| Sep 26, 2020 | 188 | Exhibit 46 - Dep. Exhs. David Blonski Not Cited in SOMF (2) |
| Sep 26, 2020 | 188 | Exhibit 47 - Dep. Exhs. Stephanie Bernal Not Cited in SOMF (2) |
| Sep 26, 2020 | 188 | Exhibit 48 - Dep. Exhs. Craig Lewis Not Cited in SOMF (2) |
| Sep 26, 2020 | 188 | Exhibit 49 - Dep. Exhs. Kent Ledgerwood Not Cited in SOMF (2) |
| Sep 26, 2020 | 188 | Exhibit 50 - Dep. Exhs. Rick DiMaio Not Cited in SOMF (2) |
| Sep 26, 2020 | 188 | Exhibit 51 - Dep. Exhs. Gerry Smith Not Cited in SOMF (2) |
| Sep 26, 2020 | 188 | Exhibit 52 - Dep. Exhs. John Gannfors Not Cited in SOMF (2) |
| Sep 26, 2020 | 188 | Exhibit 53 - Dep. Exhs. Stephen Hare Not Cited in SOMF (2) |
| Sep 26, 2020 | 188 | Exhibit 54 - Dep. Exhs. Robert Barylak Not Cited in SOMF (2) |
| Sep 26, 2020 | 188 | Exhibit 55 - Dep. Exhs. Anna Morgan Not Cited in SOMF (2) |
| Sep 26, 2020 | 189 | Notice (Other) (4) Docket Text: NOTICE by Office Depot, Inc. re [188] Statement,,,,,,,,,,,, [186] MOTION for Partial Summary Judgment Plaintiff's Index of Exhibits Cited in Support of Motion for Partial Summary Judgment (Lomax, Christopher) |
| Sep 26, 2020 | 190 | Notice (Other) (5) Docket Text: NOTICE by Office Depot, Inc. re [188] Statement,,,,,,,,,,,, [186] MOTION for Partial Summary Judgment Plaintiff's Amended Index of Exhibits Cited in Support of Motion for Partial Summary Judgment (Lomax, Christopher) |
| Sep 25, 2020 | 177 | Main Document (15) Docket Text: MOTION To Exclude Expert Opinions of Rosemary Coates by Elementum Ltd.. (Attachments: # (1) Exhibit A (Redacted), # (2) Exhibit B (Redacted), # (3) Exhibit C (Redacted), # (4) Exhibit D (Redacted), # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I)(Carey, John) |
| Sep 25, 2020 | 177 | Exhibit A (Redacted) (38) |
| Sep 25, 2020 | 177 | Exhibit B (Redacted) (1) |
| Sep 25, 2020 | 177 | Exhibit C (Redacted) (1) |
| Sep 25, 2020 | 177 | Exhibit D (Redacted) (1) |
| Sep 25, 2020 | 177 | Exhibit E (19) |
| Sep 25, 2020 | 177 | Exhibit F (3) |
| Sep 25, 2020 | 177 | Exhibit G (2) |
| Sep 25, 2020 | 177 | Exhibit H (16) |
| Sep 25, 2020 | 177 | Exhibit I (3) |
| Sep 25, 2020 | 178 | Main Document (3) Docket Text: Unopposed MOTION to Seal Motion for Summary Judgment, Statement of Material Facts, and Motion In Limine per Local Rule 5.4 by Elementum Ltd.. (Attachments: # (1) Text of Proposed Order) (Carey, John) |
| Sep 25, 2020 | 178 | Text of Proposed Order (1) |
| Sep 25, 2020 | 179 | Motion for Summary Judgment (22) Docket Text: MOTION for Summary Judgment by Elementum Ltd.. Responses due by 10/9/2020 (Carey, John) |
| Sep 25, 2020 | 180 | Main Document (12) Docket Text: Statement of: Material Facts in Support of Motion for Summary Judgment by Elementum Ltd. re [179] MOTION for Summary Judgment (Attachments: # (1) Exhibit 1 - ECF No. 75 - End-User License Agreement, # (2) Exhibit 2 - ECF No. 76 - Statement of Work, # (3) Exhibit 3 - ECF No. 77 - Order Form #1, # (4) Exhibit 4 - Deposition of Barylak, Aug. 26, 2020 (Redacted), # (5) Exhibit 5 - ECF No. 102 - Third Amended Complaint, # (6) Exhibit 6 - Rule 30(b)(6) Deposition Notice to Office Depot, # (7) Exhibit 7 - Deposition of Morgan, July 29-30, 2020 (Redacted), # (8) Exhibit 8 - Deposition of DiMaio, June 25, 2020 (Redacted), # (9) Exhibit 9 - Elementum's Amended Response to Interrogatories, Set Two, # (10) Exhibit 10- Office Depot's Fourth Amended Responses to Interrogatories, Third Set, # (11) Exhibit 11 - Email from D. Garzon to Office Depot, Feb 15, 2019, # (12) Exhibit 12 - Office Depot letter, July 12, 2019, # (13) Exhibit 13 - Deposition of Anna Morgan, Aug. 14, 2020 (Redacted), # (14) Exhibit 14 - Office Depot's Responses to Interrogatories, Set Six, # (15) Exhibit 15 - Office Depot's Supp. Rule 26(a)(1) Disclosures, # (16) Exhibit 16 - Deposition of Gannfors, Sept. 3, 2020 (Redacted), # (17) Exhibit 17 - Deposition of Smith, Sept. 9, 2020 (Redacted), # (18) Exhibit 18 - Deposition of Mihok, July 16, 2020 (Redacted), # (19) Exhibit 19 - ECF No. 19 - First Amended Complaint, # (20) Exhibit 20 - ECF No. 19-3 - Ex. C to First Amended Complaint, # (21) Exhibit 21 - Deposition of Ingram, July 15, 2020 (Redacted), # (22) Exhibit 22 - Deposition of Ledgerwood, Aug. 13, 2020 (Redacted), # (23) Exhibit 23 - Deposition of Lewis, July 10, 2020 (Redacted), # (24) Exhibit 24 - ECF No. 102-4 - Ex. D to Third Amended Complaint, # (25) Exhibit 25 - ECF No. 102-1 - Ex. A to Third Amended Complaint)(Carey, John) |
| Sep 25, 2020 | 180 | Exhibit 1 - ECF No. 75 - End-User License Agreement (1) |
| Sep 25, 2020 | 180 | Exhibit 2 - ECF No. 76 - Statement of Work (1) |
| Sep 25, 2020 | 180 | Exhibit 3 - ECF No. 77 - Order Form #1 (1) |
| Sep 25, 2020 | 180 | Exhibit 4 - Deposition of Barylak, Aug. 26, 2020 (Redacted) (1) |
| Sep 25, 2020 | 180 | Exhibit 5 - ECF No. 102 - Third Amended Complaint (1) |
| Sep 25, 2020 | 180 | Exhibit 6 - Rule 30(b)(6) Deposition Notice to Office Depot (10) |
| Sep 25, 2020 | 180 | Exhibit 7 - Deposition of Morgan, July 29-30, 2020 (Redacted) (1) |
| Sep 25, 2020 | 180 | Exhibit 8 - Deposition of DiMaio, June 25, 2020 (Redacted) (1) |
| Sep 25, 2020 | 180 | Exhibit 9 - Elementum's Amended Response to Interrogatories, Set Two (16) |
| Sep 25, 2020 | 180 | Exhibit 10- Office Depot's Fourth Amended Responses to Interrogatories, Thi (13) |
| Sep 25, 2020 | 180 | Exhibit 11 - Email from D. Garzon to Office Depot, Feb 15, 2019 (2) |
| Sep 25, 2020 | 180 | Exhibit 12 - Office Depot letter, July 12, 2019 (1) |
| Sep 25, 2020 | 180 | Exhibit 13 - Deposition of Anna Morgan, Aug. 14, 2020 (Redacted) (1) |
| Sep 25, 2020 | 180 | Exhibit 14 - Office Depot's Responses to Interrogatories, Set Six (9) |
| Sep 25, 2020 | 180 | Exhibit 15 - Office Depot's Supp. Rule 26(a)(1) Disclosures (10) |
| Sep 25, 2020 | 180 | Exhibit 16 - Deposition of Gannfors, Sept. 3, 2020 (Redacted) (1) |
| Sep 25, 2020 | 180 | Exhibit 17 - Deposition of Smith, Sept. 9, 2020 (Redacted) (1) |
| Sep 25, 2020 | 180 | Exhibit 18 - Deposition of Mihok, July 16, 2020 (Redacted) (1) |
| Sep 25, 2020 | 180 | Exhibit 19 - ECF No. 19 - First Amended Complaint (1) |
| Sep 25, 2020 | 180 | Exhibit 20 - ECF No. 19-3 - Ex. C to First Amended Complaint (1) |
| Sep 25, 2020 | 180 | Exhibit 21 - Deposition of Ingram, July 15, 2020 (Redacted) (1) |
| Sep 25, 2020 | 180 | Exhibit 22 - Deposition of Ledgerwood, Aug. 13, 2020 (Redacted) (1) |
| Sep 25, 2020 | 180 | Exhibit 23 - Deposition of Lewis, July 10, 2020 (Redacted) (1) |
| Sep 25, 2020 | 180 | Exhibit 24 - ECF No. 102-4 - Ex. D to Third Amended Complaint (1) |
| Sep 25, 2020 | 180 | Exhibit 25 - ECF No. 102-1 - Ex. A to Third Amended Complaint (1) |
| Sep 25, 2020 | 181 | Notice (Other) (2) Docket Text: NOTICE by Elementum Ltd. re [180] Statement,,,,,,, [179] MOTION for Summary Judgment Index of Exhibits (Carey, John) |
| Sep 25, 2020 | 182 | Main Document (13) Docket Text: MOTION in Limine by Elementum Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Carey, John) |
| Sep 25, 2020 | 182 | Exhibit A (13) |
| Sep 25, 2020 | 182 | Exhibit B (9) |
| Sep 25, 2020 | 183 | Main Document (10) Docket Text: MOTION in Limine by Office Depot, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Lomax, Christopher) |
| Sep 25, 2020 | 183 | Exhibit A (16) |
| Sep 25, 2020 | 183 | Exhibit B (6292) |
| Sep 25, 2020 | 183 | Exhibit C (8) |
| Sep 25, 2020 | 184 | Main Document (17) Docket Text: MOTION to Exclude Testimony of Elizabeth McGlauflin Under Federal Rules of Evidence by Office Depot, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Pace, Christopher) |
| Sep 25, 2020 | 184 | Exhibit A (33) |
| Sep 25, 2020 | 184 | Exhibit B (21) |
| Sep 25, 2020 | 184 | Exhibit C (38) |
| Sep 25, 2020 | 185 | Main Document (5) Docket Text: Unopposed MOTION to Seal Motion for Partial Summary Judgment, Statement of Material Facts in Support of Motion for Partial Summary Judgment and Certain Exhibits Thereto per Local Rule 5.4 by Office Depot, Inc.. (Attachments: # (1) Text of Proposed Order) (Mastrucci, Christina) |
| Sep 25, 2020 | 185 | Text of Proposed Order (1) |
| Sep 25, 2020 | 186 | Motion for Partial Summary Judgment (19) Docket Text: MOTION for Partial Summary Judgment by Office Depot, Inc.. Responses due by 10/9/2020 (Mastrucci, Christina) |
| Sep 25, 2020 | 187 | Statement (12) Docket Text: Statement of: Material Facts in Support of Motion for Partial Summary Judgment by Office Depot, Inc. re [186] MOTION for Partial Summary Judgment (Mastrucci, Christina) |
| Sep 24, 2020 | 176 | Main Document (3) Docket Text: Unopposed MOTION to Seal Exhibits to Motion for Summary Judgment per Local Rule 5.4 by Elementum Ltd.. (Attachments: # (1) Text of Proposed Order) (Carey, John) |
| Sep 24, 2020 | 176 | Text of Proposed Order (1) |
| Sep 23, 2020 | 175 | Main Document (3) Docket Text: Unopposed MOTION to Seal Exhibits to Motion to Exclude Expert Testimony per Local Rule 5.4 by Elementum Ltd.. (Attachments: # (1) Text of Proposed Order) (Carey, John) |
| Sep 23, 2020 | 175 | Text of Proposed Order (1) |
| Sep 22, 2020 | 174 | Order on Motion to Compel (3) Docket Text: ORDER granting in part and denying in part [155] Plaintiff's Motion to Compel Discovery. Signed by Magistrate Judge William Matthewman on 9/22/2020. See attached document for full details. (kza) |
| Sep 21, 2020 | N/A | Motion Hearing (0) Docket Text: PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The Hearing was held by Zoom Video Teleconference with all parties. Motion Hearing by Zoom Video held on 9/21/2020 re [155] Plaintiff's MOTION to Compel Discovery. Argument held. The Court denied the motion as to Request for Admission #s 4-7 and took the matter under advisement as to Request for Production #s 1-2, 4-8 and Interrogatory #s 2 and 4. Written order to be issued. Total time in court: 44 minutes. Attorney Appearance(s): Christopher R.J. Pace, Christopher Martin Lomax, Brianna Paige Hathaway, and Christina Therese Mastrucci for Plaintiff; Nicholas A. Roethlisberger, Kate E. Lazarus and John C. Carey for Defendant. (Digital 14:00:20) (kza) |
| Sep 18, 2020 | 172 | Notice (Other) (6) Docket Text: NOTICE by Office Depot, Inc. re [156] Order,,, Set/Reset Deadlines,,, Set/Reset Motion/R&R Deadlines and Hearings,, (Lomax, Christopher) |
| Sep 17, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 164 [misc] restricted/sealed until further notice. (1498642) |
| Sep 17, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 165 [misc] restricted/sealed until further notice. (1498642) |
| Sep 17, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 166 [misc] restricted/sealed until further notice. (1498642) |
| Sep 17, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 167 [misc] restricted/sealed until further notice. (1498642) |
| Sep 17, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 168 [misc] restricted/sealed until further notice. (1498642) |
| Sep 17, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 169 [misc] restricted/sealed until further notice. (1498642) |
| Sep 17, 2020 | N/A | Order on Motion to Seal (0) Docket Text: PAPERLESS ORDER granting [161] Plaintiffs' Unopposed Motion to Seal Reply. Signed by Magistrate Judge William Matthewman on 9/17/2020. (zsa) |
| Sep 17, 2020 | 170 | Notice (Other) (2) Docket Text: NOTICE by Office Depot, Inc. re [163] Order on Motion to Seal (Mastrucci, Christina) |
| Sep 17, 2020 | N/A | Order on Motion to Strike (0) Docket Text: PAPERLESS ORDER denying as moot [136] Defendant's Motion to Strike Plaintiff' Opposition to Defendant's Motion to Compel Discovery for its failure to comply page limitations, for the reasons stated on the record at the August 28, 2020 hearing. Signed by Magistrate Judge William Matthewman on 9/17/2020. (zsa) |
| Sep 16, 2020 | 161 | Main Document (3) Docket Text: Unopposed MOTION to Seal Exhibits to Plaintiff's Reply in Support of Motion to Compel Discovery per Local Rule 5.4 by Office Depot, Inc.. (Attachments: # (1) Text of Proposed Order) (Mastrucci, Christina) |
| Sep 16, 2020 | 161 | Text of Proposed Order (1) |
| Sep 16, 2020 | 162 | Main Document (6) Docket Text: REPLY to Response to Motion re [155] MOTION to Compel Discovery filed by Office Depot, Inc.. (Attachments: # (1) Exhibit A - To Be Filed, # (2) Exhibit B - To Be Filed, # (3) Exhibit C - To Be Filed, # (4) Exhibit D - To Be Filed, # (5) Exhibit E - To Be Filed, # (6) Exhibit F - To Be Filed)(Mastrucci, Christina) |
| Sep 16, 2020 | 162 | Exhibit A - To Be Filed (1) |
| Sep 16, 2020 | 162 | Exhibit B - To Be Filed (1) |
| Sep 16, 2020 | 162 | Exhibit C - To Be Filed (1) |
| Sep 16, 2020 | 162 | Exhibit D - To Be Filed (1) |
| Sep 16, 2020 | 162 | Exhibit E - To Be Filed (1) |
| Sep 16, 2020 | 162 | Exhibit F - To Be Filed (1) |
| Sep 14, 2020 | 159 | Order on Motion to Compel (6) Docket Text: ORDER denying [125] Defendant's Expedited Motion to Compel and granting in part and denying in part [106] Plaintiff's Motion to Compel. Signed by Magistrate Judge William Matthewman on 9/14/2020. See attached document for full details. (kza) |
| Sep 14, 2020 | 160 | Response in Opposition to Motion (6) Docket Text: RESPONSE in Opposition re [155] MOTION to Compel Discovery filed by Elementum Ltd.. Replies due by 9/21/2020. (Carey, John) |
| Sep 12, 2020 | 158 | Reply to Response to Motion (2) Docket Text: REPLY to Response to Motion re [124] MOTION to Strike [97] Answer to Counterclaim filed by Elementum Ltd.. (Carey, John) |
| Sep 11, 2020 | 156 | Order (2) Docket Text: ORDER SETTING HEARING VIA ZOOM VTC ON PLAINTIFF'S MOTION TO COMPEL DISCOVERY [DE 155] AND REQUIRING EXPEDITED RESPONSE: Set/Reset Deadlines/Hearings as to [155] Plaintiff's MOTION to Compel Discovery. (Response due by 9/15/2020 at 12:00 p.m., Reply due by 9/16/2020 at 5:00 p.m.), (Joint Notice Deadline by 9/18/2020 at 12:00 p.m.), Motion Hearing set for 9/21/2020 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman.) Signed by Magistrate Judge William Matthewman on 9/11/2020. See attached document for full details. (kza) |
| Sep 11, 2020 | 157 | Transcript (41) Docket Text: TRANSCRIPT of Motion Hearing (Via Zoom Video Teleconference) held on 8/28/20 before Magistrate Judge William Matthewman, 1-40 pages, Court Reporter: Bonnie J. Lewis, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/2/2020. Redacted Transcript Deadline set for 10/13/2020. Release of Transcript Restriction set for 12/10/2020. (hh) |
| Sep 10, 2020 | 155 | Main Document (6) Docket Text: MOTION to Compel Discovery by Office Depot, Inc.. Responses due by 9/24/2020 (Attachments: # (1) Exhibit A - Elementum's Responses to Office Depot's Request for Production - Set Four, # (2) Exhibit B - Elementum's Amended Responses to Office Depot's Request for Admission - Set One, # (3) Exhibit C - Elementum's Responses to Office Depot's Request for Admissions - Set Two, # (4) Exhibit D - Elementum's Responses to Office Depot Interrogatories - Set Three)(Mastrucci, Christina) |
| Sep 10, 2020 | 155 | Exhibit A - Elementum's Responses to Office Depot's Request for Produc (14) |
| Sep 10, 2020 | 155 | Exhibit B - Elementum's Amended Responses to Office Depot's Request fo (13) |
| Sep 10, 2020 | 155 | Exhibit C - Elementum's Responses to Office Depot's Request for Admiss (25) |
| Sep 10, 2020 | 155 | Exhibit D - Elementum's Responses to Office Depot Interrogatories - Set Thr (17) |
| Sep 8, 2020 | 154 | Response in Opposition to Motion (8) Docket Text: RESPONSE in Opposition re [124] MOTION to Strike [97] Answer to Counterclaim filed by Office Depot, Inc.. Replies due by 9/15/2020. (Mastrucci, Christina) |
| Sep 4, 2020 | 153 | Reply to Response to Motion (11) Docket Text: REPLY to Response to Motion re [104] MOTION TO DISMISS [102] Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Elementum Ltd.. (Carey, John) |
| Sep 3, 2020 | 152 | Stipulation (3) Docket Text: STIPULATION Regarding Attorneys' Fees Claims by Elementum Ltd. (Carey, John) |
| Sep 2, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 150 [misc] restricted/sealed until further notice. (731653) |
| Sep 2, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 151 [misc] restricted/sealed until further notice. (731653) |
| Sep 2, 2020 | 149 | Order on Motion to Seal (2) Docket Text: Order to File Under Seal; granting [139] Motion to Seal. Signed by Judge Raag Singhal on 9/2/2020. See attached document for full details. (cbr) |
| Aug 31, 2020 | 146 | Reply to Response to Motion (11) Docket Text: REPLY to Response to Motion re [99] MOTION for Reconsideration re [98] Order on Motion to Compel,, Order on Motion for Leave to File, filed by Elementum Ltd.. (Carey, John) |
| Aug 31, 2020 | 147 | Transcript (45) Docket Text: TRANSCRIPT of Telephonic Motion Hearing held on 6/30/2020 before Judge Raag Singhal, 1-45 pages, Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/21/2020. Redacted Transcript Deadline set for 10/1/2020. Release of Transcript Restriction set for 11/30/2020. (Shires, Karl) |
| Aug 31, 2020 | 148 | Notice (Other) (3) Docket Text: NOTICE by Elementum Ltd. re [141] Motion Hearing,,, (Carey, John) |
| Aug 28, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 143 [misc] restricted/sealed until further notice. (1498642) |
| Aug 28, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 144 [misc] restricted/sealed until further notice. (1498642) |
| Aug 28, 2020 | N/A | Order on Motion to Seal (0) Docket Text: PAPERLESS ORDER granting [132] Motion to Seal; granting [135] Motion to Seal. Signed by Magistrate Judge William Matthewman on 8/28/2020. (zsa) |
| Aug 28, 2020 | 138 | Main Document (6) Docket Text: REPLY to Response to Motion re [125] EXPEDITED MOTION To Compel Discovery and For Leave to Take Additional Depositions filed by Elementum Ltd.. (Attachments: # (1) Exhibit A, # (2) Exhibit B (Redacted), # (3) Exhibit C (Redacted), # (4) Exhibit D (Redacted))(Carey, John) |
| Aug 28, 2020 | 138 | Exhibit A (9) |
| Aug 28, 2020 | 138 | Exhibit B (Redacted) (2) |
| Aug 28, 2020 | 138 | Exhibit C (Redacted) (2) |
| Aug 28, 2020 | 138 | Exhibit D (Redacted) (2) |
| Aug 28, 2020 | 139 | Main Document (3) Docket Text: Unopposed MOTION to Seal Exhibits B, C, and D to Elementum's Reply in Support of its Expedited Motion to Compel Discovery and for Leave to Take Additional Depositions per Local Rule 5.4 by Elementum Ltd.. (Attachments: # (1) Text of Proposed Order) (Carey, John) |
| Aug 28, 2020 | 139 | Text of Proposed Order (1) |
| Aug 28, 2020 | 140 | Response in Opposition to Motion (4) Docket Text: RESPONSE in Opposition re [136] MOTION to Strike [134] Response in Opposition to Motion, filed by Office Depot, Inc.. Replies due by 9/4/2020. (Pace, Christopher) |
| Aug 28, 2020 | N/A | Motion Hearing (0) Docket Text: PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The Hearing was held by Zoom video conference with all parties. Motion Hearing via Zoom Video Teleconference held on 8/28/2020 re [125] Defendant's EXPEDITED MOTION To Compel Discovery and For Leave to Take Additional Depositions. Argument held. The Court took the matter under advisement. The Parties were directed by the Court to confer on a possible stipulation and to file a stipulation or notice with the Court on Monday, August 31, 2020. Written order to be issued. Total time in court: 1 hour(s) : 00 minutes. Attorney Appearance(s): Christopher R.J. Pace and Christopher Martin Lomax for Plaintiff; Asim Bhansali, Kate E. Lazarus and John C. Carey for Defendant. (Digital 15:36:32) (kza) |
| Aug 28, 2020 | 142 | Response in Opposition to Motion (19) Docket Text: RESPONSE in Opposition re [104] MOTION TO DISMISS [102] Amended Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Office Depot, Inc.. Replies due by 9/4/2020. (Lomax, Christopher) |
| Aug 28, 2020 | 145 | Notice (Other) (2) Docket Text: NOTICE by Office Depot, Inc. re [137] Order on Motion to Seal, (Mastrucci, Christina) |
| Aug 27, 2020 | 134 | Main Document (12) Docket Text: RESPONSE in Opposition re [125] EXPEDITED MOTION To Compel Discovery and For Leave to Take Additional Depositions filed by Office Depot, Inc.. Replies due by 9/3/2020. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I (Composite))(Lomax, Christopher) |
| Aug 27, 2020 | 134 | Exhibit A (1) |
| Aug 27, 2020 | 134 | Exhibit B (3) |
| Aug 27, 2020 | 134 | Exhibit C (4) |
| Aug 27, 2020 | 134 | Exhibit D (8) |
| Aug 27, 2020 | 134 | Exhibit E (1) |
| Aug 27, 2020 | 134 | Exhibit F (3) |
| Aug 27, 2020 | 134 | Exhibit G (4) |
| Aug 27, 2020 | 134 | Exhibit H (9) |
| Aug 27, 2020 | 134 | Exhibit I (Composite) (7) |
| Aug 27, 2020 | 135 | Main Document (4) Docket Text: Unopposed MOTION to Seal Plaintiff's Opposition to Motion to Compel Discovery and for Leave to Take Additional Depositions per Local Rule 5.4 by Office Depot, Inc.. (Attachments: # (1) Text of Proposed Order) (Lomax, Christopher) |
| Aug 27, 2020 | 135 | Text of Proposed Order (1) |
| Aug 27, 2020 | 136 | Motion to Strike (3) Docket Text: MOTION to Strike [134] Response in Opposition to Motion, by Elementum Ltd.. Responses due by 9/10/2020 (Carey, John) |
| Aug 26, 2020 | 131 | Main Document (2) Docket Text: NOTICE by Office Depot, Inc. re [106] MOTION to Compel Discoveryand Exhibits D & E to Same (Redacted) (Attachments: # (1) Exhibit A - Office Depot's August 14, 2020 Motion to Compel Discovery (Redacted), # (2) Exhibit B - Ex. D to Office Depot's 08-14-20 Motion to Compel - Office Depot's Third Request for Production of Documents to Elementum (Redacted), # (3) Exhibit C - Ex. E to Office Depot's 08-14-20 Motion to Compel - Elementum's Response to Office Depot's Third Request for Production (Redacted)) (Mastrucci, Christina) |
| Aug 26, 2020 | 131 | Exhibit A - Office Depot's August 14, 2020 Motion to Compel Discovery (Reda (7) |
| Aug 26, 2020 | 131 | Exhibit B - Ex. D to Office Depot's 08-14-20 Motion to Compel - Office Depo (7) |
| Aug 26, 2020 | 131 | Exhibit C - Ex. E to Office Depot's 08-14-20 Motion to Compel - Elementum&# (9) |
| Aug 26, 2020 | 132 | Main Document (4) Docket Text: Unopposed MOTION to Seal Plaintiffs Reply in Support of Motion to Compel Discovery and Exhibits A and B thereto per Local Rule 5.4 by Office Depot, Inc.. (Attachments: # (1) Text of Proposed Order) (Mastrucci, Christina) |
| Aug 26, 2020 | 132 | Text of Proposed Order (1) |
| Aug 26, 2020 | 133 | Main Document (6) Docket Text: REPLY to Response to Motion re [106] MOTION to Compel Discovery filed by Office Depot, Inc.. (Attachments: # (1) Exhibit A - Plaintiff's Notices of Subpoena, # (2) Exhibit B - Plaintiff's Notice of Subpoenas, # (3) Exhibit C - May 1, 2020 letter from Elementums counsel to Office Depots counsel, # (4) Exhibit D - May 12, 2020 letter from Elementums counsel to Office Depots counsel)(Mastrucci, Christina) |
| Aug 26, 2020 | 133 | Exhibit A - Plaintiff's Notices of Subpoena (45) |
| Aug 26, 2020 | 133 | Exhibit B - Plaintiff's Notice of Subpoenas (48) |
| Aug 26, 2020 | 133 | Exhibit C - May 1, 2020 letter from Elementums counsel to Office Depots counsel (3) |
| Aug 26, 2020 | 133 | Exhibit D - May 12, 2020 letter from Elementums counsel to Office Depots counsel (3) |
| Aug 25, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 129 [misc] restricted/sealed until further notice. (731653) |
| Aug 25, 2020 | N/A | Order on Motion to Seal (0) Docket Text: PAPERLESS ORDER granting [122] Motion to Seal. Signed by Magistrate Judge William Matthewman on 8/25/2020. (zsa) |
| Aug 25, 2020 | 128 | Order (2) Docket Text: ORDER SETTING HEARING VIA ZOOM VTC ON DEFENDANT'S EXPEDITED MOTION TO COMPEL [DE 125] AND REQUIRING EXPEDITED RESPONSE: Set Deadlines/Hearing as to [125] EXPEDITED MOTION To Compel Discovery and For Leave to Take Additional Depositions .(Response due on or before 8/27/2020 at 12:00 p.m., Reply due on or before 8/28/2020 at 12:00 p.m., Motion Hearing via Zoom VTC set for 8/28/2020 at 3:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman.) Signed by Magistrate Judge William Matthewman on 8/25/2020. See attached document for full details. (kza) |
| Aug 25, 2020 | 130 | Main Document (12) Docket Text: RESPONSE in Opposition re [99] MOTION for Reconsideration re [98] Order on Motion to Compel,, Order on Motion for Leave to File, filed by Office Depot, Inc.. Replies due by 9/1/2020. (Attachments: # (1) Exhibit 1 - Excerpt of Plaintiff's May 21, 2020 interrogatory response, # (2) Exhibit 2 - Excerpt of Defendant's May 29, 2020 Rule 30(b)(6) deposition notice)(Lomax, Christopher) |
| Aug 25, 2020 | 130 | Exhibit 1 - Excerpt of Plaintiff's May 21, 2020 interrogatory response (4) |
| Aug 25, 2020 | 130 | Exhibit 2 - Excerpt of Defendant's May 29, 2020 Rule 30(b)(6) deposition no (3) |
| Aug 24, 2020 | 124 | Motion to Strike (4) Docket Text: MOTION to Strike [97] Answer to Counterclaim by Elementum Ltd.. Responses due by 9/8/2020 (Carey, John) |
| Aug 24, 2020 | 125 | Expedited Motion (6) Docket Text: EXPEDITED MOTION To Compel Discovery and For Leave to Take Additional Depositions by Elementum Ltd.. (Carey, John) |
| Aug 24, 2020 | 126 | Stipulation (2) Docket Text: STIPULATION re [100] Order,,, to Waive Jury Trial by Office Depot, Inc. (Mastrucci, Christina) |
| Aug 21, 2020 | 123 | Response in Opposition to Motion (6) Docket Text: RESPONSE in Opposition re [106] MOTION to Compel Discovery REDACTED filed by Elementum Ltd.. Replies due by 8/28/2020. (Carey, John) |
| Aug 20, 2020 | N/A | Order on Motion to Seal (0) Docket Text: PAPERLESS ORDER granting [120] Motion to Seal Documents. Movant requests to retroactively seal documents already publicly filed. The Court finds good cause to grant the Motion. Accordingly, it is hereby ORDERED that Exhibits D and E of Plaintiff's Motion to Compel Discovery (D.E. 106-4; 106-5) shall be retroactively sealed by the Clerk of Court. Signed by Magistrate Judge William Matthewman on 8/20/2020. (zsa) |
| Aug 20, 2020 | 122 | Main Document (2) Docket Text: Unopposed MOTION to Seal Defendant's Response to Plaintiff's Motion to Compel per Local Rule 5.4 by Elementum Ltd.. (Attachments: # (1) Text of Proposed Order) (Carey, John) |
| Aug 20, 2020 | 122 | Text of Proposed Order (1) |
| Aug 18, 2020 | 120 | Main Document (4) Docket Text: Unopposed MOTION to Seal Expedited Motion to Seal Plaintiff's Motion to Compel Discovery (D.E. 106) and Exhibits D and E Thereto (D.E. 106-4 and De. 106.5) per Local Rule 5.4 by Office Depot, Inc.. (Attachments: # (1) Exhibit A - Text of Proposed Order) (Mastrucci, Christina) |
| Aug 18, 2020 | 120 | Exhibit A - Text of Proposed Order (2) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 107 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 108 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 109 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 110 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 111 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 112 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 113 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 114 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 115 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 116 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 117 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 118 [misc] restricted/sealed until further notice. (1498642) |
| Aug 15, 2020 | 119 | Notice (Other) (2) Docket Text: NOTICE by Office Depot, Inc. re [105] Order on Motion to Seal (Mastrucci, Christina) |
| Aug 14, 2020 | 104 | Motion to Dismiss for Failure to State a Claim (16) Docket Text: MOTION TO DISMISS [102] Amended Complaint,,, FOR FAILURE TO STATE A CLAIM by Elementum Ltd.. Responses due by 8/28/2020 (Carey, John) |
| Aug 14, 2020 | 106 | Main Document (6) Docket Text: MOTION to Compel Discovery by Office Depot, Inc.. Responses due by 8/28/2020 (Attachments: # (1) Exhibit A - OD's First Request for Production to Elementum (12-09-19), # (2) Exhibit B - Elementum's Response to OD's First Request for Production (01-10-20), # (3) Exhibit C - Transcript of 03-05-20 Motion Hearing, # (4) Exhibit D - OD's Third Request for Production to Elementum (06-08-20), # (5) Exhibit E - Elementum's Response to OD's Third Request for Production (07-08-20))(Mastrucci, Christina) |
| Aug 14, 2020 | 106 | Exhibit A - OD's First Request for Production to Elementum (12-09-19) (14) |
| Aug 14, 2020 | 106 | Exhibit B - Elementum's Response to OD's First Request for Production (30) |
| Aug 14, 2020 | 106 | Exhibit C - Transcript of 03-05-20 Motion Hearing (57) |
| Aug 14, 2020 | 106 | Exhibit D - OD's Third Request for Production to Elementum (06-08-20) (7) |
| Aug 14, 2020 | 106 | Exhibit E - Elementum's Response to OD's Third Request for Production (9) |
| Aug 13, 2020 | 103 | Main Document (2) Docket Text: NOTICE by Office Depot, Inc. re [101] Unopposed MOTION to Seal Exhibits H through S to Plaintiff's Third Amended Complaint per Local Rule 5.4 (Attachments: # (1) Exhibit A - Text of Proposed Order) (Mastrucci, Christina) |
| Aug 13, 2020 | 103 | Exhibit A - Text of Proposed Order (2) |
| Aug 13, 2020 | 105 | Order on Motion to Seal (2) Docket Text: ORDER granting [101] Motion to Seal. Signed by Judge Raag Singhal on 8/13/2020. See attached document for full details. (dj) |
| Aug 12, 2020 | N/A | Order (0) Docket Text:PAPERLESS ORDER REGARDING TRIAL SETTING. This matter is before the Court sua sponte upon the entry of Administrative Order 2020-53 Coronavirus Public Emergency - Sixth Order Concerning Jury Trials and Other Proceedings. Jury trials in the Southern District of Florida are postponed until January 4, 2021, due to the Coronavirus Public Emergency. Non-jury trials may proceed at the discretion of the District Judge. If the parties agree to try this case before the Court (non-jury trial), the parties shall file a Stipulation to Waive Jury Trial by August 31, 2020. If the parties do not file a Stipulation to Waive Jury Trial by the applicable deadline, the trial will be moved to a later calendar. All other pre-trial deadlines shall remain in effect. Signed by Judge Raag Singhal on 8/12/2020. (eca) |
| Aug 12, 2020 | 101 | Motion to Seal (Attorney) (3) Docket Text: Unopposed MOTION to Seal Exhibits H through S to Plaintiff's Third Amended Complaint per Local Rule 5.4 by Office Depot, Inc.. (Mastrucci, Christina) |
| Aug 12, 2020 | 102 | Main Document (29) Docket Text: Third AMENDED COMPLAINT against Elementum Ltd. filed in response to Order Granting Motion for Leave, filed by Office Depot, Inc.. (Attachments: # (1) Exhibit A - Filed Under Seal (D.E. 75), # (2) Exhibit B - Filed Under Seal (D.E. 76), # (3) Exhibit C - Filed Under Seal (D.E. 77), # (4) Exhibit D - January 16, 2019 Email, # (5) Exhibit E - Second January 16, 2019 Email, # (6) Exhibit F - July 2, 2019 Letter, # (7) Exhibit G - July 12, 2019 Letter, # (8) Exhibit H - To Be Filed, # (9) Exhibit I - To Be Filed, # (10) Exhibit J - To Be Filed, # (11) Exhibit K - To Be Filed, # (12) Exhibit L - To Be Filed, # (13) Exhibit M - To Be Filed, # (14) Exhibit N - To Be Filed, # (15) Exhibit O - To Be Filed, # (16) Exhibit P - To Be Filed, # (17) Exhibit Q - To Be Filed, # (18) Exhibit R - To Be Filed, # (19) Exhibit S - To Be Filed)(Mastrucci, Christina) |
| Aug 12, 2020 | 102 | Exhibit A - Filed Under Seal (D.E. 75) (1) |
| Aug 12, 2020 | 102 | Exhibit B - Filed Under Seal (D.E. 76) (1) |
| Aug 12, 2020 | 102 | Exhibit C - Filed Under Seal (D.E. 77) (1) |
| Aug 12, 2020 | 102 | Exhibit D - January 16, 2019 Email (2) |
| Aug 12, 2020 | 102 | Exhibit E - Second January 16, 2019 Email (2) |
| Aug 12, 2020 | 102 | Exhibit F - July 2, 2019 Letter (2) |
| Aug 12, 2020 | 102 | Exhibit G - July 12, 2019 Letter (2) |
| Aug 12, 2020 | 102 | Exhibit H - To Be Filed (1) |
| Aug 12, 2020 | 102 | Exhibit I - To Be Filed (1) |
| Aug 12, 2020 | 102 | Exhibit J - To Be Filed (1) |
| Aug 12, 2020 | 102 | Exhibit K - To Be Filed (1) |
| Aug 12, 2020 | 102 | Exhibit L - To Be Filed (1) |
| Aug 12, 2020 | 102 | Exhibit M - To Be Filed (1) |
| Aug 12, 2020 | 102 | Exhibit N - To Be Filed (1) |
| Aug 12, 2020 | 102 | Exhibit O - To Be Filed (1) |
| Aug 12, 2020 | 102 | Exhibit P - To Be Filed (1) |
| Aug 12, 2020 | 102 | Exhibit Q - To Be Filed (1) |
| Aug 12, 2020 | 102 | Exhibit R - To Be Filed (1) |
| Aug 12, 2020 | 102 | Exhibit S - To Be Filed (1) |
| Aug 11, 2020 | 99 | Motion for Reconsideration (12) Docket Text: MOTION for Reconsideration re [98] Order on Motion to Compel,, Order on Motion for Leave to File, by Elementum Ltd.. (Carey, John) |
| Aug 10, 2020 | 97 | Answer to Counterclaim (8) Docket Text: ANSWER to Counterclaim by Office Depot, Inc.. (Mastrucci, Christina) |
| Aug 10, 2020 | 98 | Order on Motion to Compel (1) Docket Text: ORDER Denying as moot [79] Motion to Compel; Granting [96] Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge( Amended Complaint due by 8/12/2020). Signed by Judge Raag Singhal on 8/10/2020. See attached document for full details. (jbs) |
| Jul 29, 2020 | 96 | Main Document (6) Docket Text: MOTION for Leave to File Third Amended Complaint by Office Depot, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Mastrucci, Christina) |
| Jul 29, 2020 | 96 | Exhibit A (30) |
| Jul 29, 2020 | 96 | Exhibit B (32) |
| Jul 21, 2020 | 94 | Notice (Other) (2) Docket Text: NOTICE by Elementum Ltd. re [92] Order Setting/Cancelling Hearing,,,, Order Setting Hearing on Motion,,, (Carey, John) |
| Jul 21, 2020 | N/A | Order Setting/Cancelling Hearing (0) Docket Text: PAPERLESS ORDER. Upon review of the parties' Joint Notice [DE 94], the Court notes that all discovery disputes which were to be addressed at the July 23, 2020 hearing have been resolved by the parties. Accordingly, Defendant Elementum's Motion to Compel Discovery [DE 79] is hereby DENIED as moot, and the hearing on that motion scheduled for July 23, 2020 is hereby CANCELLED. The Court appreciates the cooperation and professionalism of counsel in reaching a resolution of this discovery dispute. Signed by Magistrate Judge William Matthewman on 7/21/2020. (zsa) |
| Jul 20, 2020 | 93 | Answer to Amended Complaint (17) Docket Text: ANSWER and Affirmative Defenses to Amended Complaint , COUNTERCLAIM against Office Depot, Inc. by Elementum Ltd.. (Carey, John) |
| Jul 7, 2020 | N/A | Order Setting/Cancelling Hearing (0) Docket Text: PAPERLESS Order Continuing Hearing on [79] MOTION to Compel Discovery ( Telephonic Motion Hearing continued until July 23, 2020, at 02:15 PM, before Magistrate Judge William Matthewman.) Further, in advance of the scheduled hearing, the Court directs that counsel for the parties shall further confer, either in person or by telephone, in good faith and for as long as necessary to address the pending discovery dispute. Thereafter, the parties shall file, on or before July 21, 2020, a Joint Notice advising whether the discovery dispute has been resolved, and if not, what specific issues remain for determination by the Court and a brief recitation of the position of each party. Signed by Magistrate Judge William Matthewman on 7/7/2020. (zsa) |
| Jul 6, 2020 | 90 | Order on Motion to Dismiss (6) Docket Text: ORDER granting in part and denying in part [54] Motion to Dismiss Plaintiff's Second Amended Complaint, or in the Alternative, Request for Realignment, and Memorandum of Law (DE [54]) DENIED in part as to Count I and GRANTED in part as to Count II. Plaintiff's claim for fraudulent inducement (Count II) is DISMISSED WITHOUT PREJUDICE. Signed by Judge Raag Singhal on 7/6/2020. See attached document for full details. (pes) Signed by Judge Raag Singhal on 7/6/2020. See attached document for full details. (pes) |
| Jul 6, 2020 | 91 | Notice (Other) (2) Docket Text: NOTICE by Elementum Ltd. re [86] Order,, Set/Reset Deadlines,, Set/Reset Motion/R&R Deadlines and Hearings, Further Joint Notice of Issues Remaining for Determination and Request to Continue Hearing (Carey, John) |
| Jul 2, 2020 | 89 | Notice (Other) (3) Docket Text: NOTICE by Elementum Ltd. re [79] MOTION to Compel Discovery Joint Notice of Issues Remaining for Determination (Carey, John) |
| Jun 30, 2020 | 87 | Order on Motion for Extension of Time (2) Docket Text: ORDER EXTENDING DEADLINES granting [80] Motion for Extension of Time. Discovery due by 9/11/2020. Expert Discovery due by 9/11/2020. Dispositive Motions due by 9/25/2020. In Limine Motions due by 9/25/2020. Motions due by 9/25/2020. Pretrial Stipulation due by 11/24/2020. Signed by Judge Raag Singhal on 6/30/2020. See attached document for full details. (yha) |
| Jun 30, 2020 | N/A | Motion Hearing (0) Docket Text: PAPERLESS Minute Entry for proceedings held before Judge Raag Singhal: Motion Hearing held on 6/30/2020 re [54] MOTION to Dismiss [52] Amended Complaint, or Alternative Request for Realignment filed by Elementum Ltd., and [80] Unopposed MOTION for Extension of Time for Certain Pretrial Deadlines filed by Office Depot, Inc. Total time in court: 1 hour(s) : 0 minutes. Attorney Appearance(s): John C. Carey, Asim Bhansali, Kate E. Lazarus, Nicholas A. Roethlisberger, Christopher Martin Lomax, Christopher R.J. Pace. Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (eca) |
| Jun 23, 2020 | 86 | Order (2) Docket Text: ORDER SETTING HEARING ON DEFENDANT'S MOTION TO COMPEL [DE 79]: Set/Reset Deadline/Hearing as to [79] Defendant's MOTION to Compel Discovery. (Joint Notice Deadline 7/3/2020.), (Motion Hearing via Zoom video teleconference set for 7/7/2020 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman.) Signed by Magistrate Judge William Matthewman on 6/23/2020. See attached document for full details. (kza) |
| Jun 15, 2020 | 85 | Reply to Response to Motion (6) Docket Text: REPLY to Response to Motion re [79] MOTION to Compel Discovery filed by Elementum Ltd.. (Carey, John) |
| Jun 11, 2020 | 84 | Order Setting Hearing on Motion (1) Docket Text: ORDER Setting Telephonic Hearing on Motion [54] MOTION to Dismiss [52] Amended Complaint, or Alternative Request for Realignment : Telephonic Motion Hearing set for 6/30/2020 02:15 PM before Judge Raag Singhal. Signed by Judge Raag Singhal on 6/11/2020. See attached document for full details. (jao) |
| Jun 10, 2020 | 83 | Main Document (8) Docket Text: RESPONSE in Opposition re [79] MOTION to Compel Discovery filed by Office Depot, Inc.. Replies due by 6/17/2020. (Attachments: # (1) Exhibit A - ELEM0226111, # (2) Exhibit B - ELEM0012556, # (3) Exhibit C - ELEM0245220, # (4) Exhibit D - ELEM0221218, # (5) Exhibit E - OD00095710)(Lomax, Christopher) |
| Jun 10, 2020 | 83 | Exhibit A - ELEM0226111 (18) |
| Jun 10, 2020 | 83 | Exhibit B - ELEM0012556 (16) |
| Jun 10, 2020 | 83 | Exhibit C - ELEM0245220 (19) |
| Jun 10, 2020 | 83 | Exhibit D - ELEM0221218 (19) |
| Jun 10, 2020 | 83 | Exhibit E - OD00095710 (15) |
| Jun 9, 2020 | 81 | Main Document (3) Docket Text: Unopposed MOTION for Extension of Time to Move to Compel Discovery by Office Depot, Inc.. Responses due by 6/23/2020 (Attachments: # (1) Text of Proposed Order)(Lomax, Christopher) |
| Jun 9, 2020 | 81 | Text of Proposed Order (2) |
| Jun 9, 2020 | N/A | Order on Motion for Extension of Time (0) Docket Text: PAPERLESS ORDER granting [81] Motion for Extension of Time. The deadline by which Plaintiff Office Depot, Inc. must file a motion to compel relating to its First Set of Requests for Admission, Second Set of Interrogatories, and Second Set of Requests for Production shall be extended by two weeks from the current deadline, from June 10, 2020, to June 24, 2020. Signed by Magistrate Judge William Matthewman on 6/9/2020. (zsa) |
| Jun 5, 2020 | 80 | Main Document (8) Docket Text: Unopposed MOTION for Extension of Time for Certain Pretrial Deadlines re [60] Order Referring Case to Magistrate Judge,,,, Scheduling Order,,, by Office Depot, Inc.. Responses due by 6/19/2020 (Attachments: # (1) Exhibit A - Proposed Amended Pretrial Schedule, # (2) Text of Proposed Order)(Lomax, Christopher) |
| Jun 5, 2020 | 80 | Exhibit A - Proposed Amended Pretrial Schedule (2) |
| Jun 5, 2020 | 80 | Text of Proposed Order (2) |
| May 27, 2020 | 79 | Main Document (6) Docket Text: MOTION to Compel Discovery by Elementum Ltd.. Responses due by 6/10/2020 (Attachments: # (1) Attachment A, # (2) Attachment B, # (3) Attachment C, # (4) Attachment D, # (5) Text of Proposed Order)(Carey, John) |
| May 27, 2020 | 79 | Attachment A (6) |
| May 27, 2020 | 79 | Attachment B (8) |
| May 27, 2020 | 79 | Attachment C (10) |
| May 27, 2020 | 79 | Attachment D (10) |
| May 27, 2020 | 79 | Text of Proposed Order (1) |
| May 20, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 75 [misc] restricted/sealed until further notice. (731653) |
| May 20, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 76 [misc] restricted/sealed until further notice. (731653) |
| May 20, 2020 | N/A | Description not available (0) Docket Text: SYSTEM ENTRY - Docket Entry 77 [misc] restricted/sealed until further notice. (731653) |
| May 20, 2020 | 74 | Order on Motion to Seal (2) Docket Text: Order to File Under Seal; granting [63] Motion to Seal. Signed by Judge Raag Singhal on 5/20/2020. See attached document for full details. (cbr) |
| May 20, 2020 | 78 | Notice (Other) (1) Docket Text: NOTICE by Elementum Ltd. re [74] Order on Motion to Seal (Carey, John) |
| May 19, 2020 | 72 | Main Document (3) Docket Text: Unopposed MOTION for Extension of Time to Move to Compel Discovery by Elementum Ltd.. Responses due by 6/2/2020 (Attachments: # (1) Text of Proposed Order)(Carey, John) |
| May 19, 2020 | 72 | Text of Proposed Order (1) |
| May 19, 2020 | N/A | Order on Motion for Extension of Time (0) Docket Text: PAPERLESS ORDER granting [72] Defendants' Motion for Extension of Time. Defendants may file a motion to compel Plaintiffs' response to Defendants' Third Set of Interrogatories on or before May 27, 2020. Signed by Magistrate Judge William Matthewman on 5/19/2020. (zsa) |
| May 13, 2020 | 71 | Main Document (1) Docket Text: FINAL MEDIATION REPORT by Harry R. Schafer. Disposition: Case did not settle. (Attachments: # (1) Exhibit Mediator's Report)(Carey, John) |
| May 13, 2020 | 71 | Exhibit Mediator's Report (2) |
| Apr 6, 2020 | N/A | Order on Motion to Compel (0) Docket Text: PAPERLESS ORDER denying as moot [49] Motion to Compel. The Court previously held a discovery hearing in this case on March 5, 2020, and entered its Order at [DE 59] on Plaintiff's Motion to Compel [DE 49]. Upon review of the parties' most recent Joint Notice [DE 69], the Court denies the balance of the Plaintiff's Motion to Compel [DE 49] as moot, without prejudice to either parties' ability to renew their discovery positions or seek additional discovery so long as it is done in a timely manner per the Court's Scheduling Order [DE 21] and any subsequent orders. The Court appreciates the parties' professional, cooperative efforts during the discovery process. Signed by Magistrate Judge William Matthewman on 4/6/2020. (zsa) |
| Mar 23, 2020 | N/A | Order (0) Docket Text: PAPERLESS ORDER. Upon review of the parties' Joint Notice [67], the parties are granted an extension until on or before April 3, 2020 to file a further Joint Notice. Signed by Magistrate Judge William Matthewman (erz) |
| Mar 9, 2020 | N/A | Order on Motion for Extension of Time (0) Docket Text: PAPERLESS ORDER denying as moot [56] Joint Motion to Extend Certain Pretrial Deadlines. Signed by Judge Raag Singhal on 3/9/2020. (eca) |
| Mar 5, 2020 | N/A | Motion Hearing (0) Docket Text: PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Motion Hearing held on 3/5/2020 re [49] Plaintiff's MOTION to Compel Discovery - Argument held. Preliminary rulings. The Parties were ordered to confer further. Joint Notice Deadline 3/20/2020. Written order to be issued. Total time in court: 1 hour(s) : 14 minutes. Attorney Appearance(s): Christopher R.J. Pace and Christopher Martin Lomax for Plaintiff, John C. Carey and Kate E. Lazarus for Defendant. (Digital 14:02:56) (kza) |
| Feb 6, 2020 | N/A | Order (0) Docket Text: PAPERLESS ORDER REGARDING [DE 42] MOTION FOR LEAVE TO AMEND: No later than February 11, 2020, Plaintiffs shall file an Amended Certificate of Compliance with Local Rule 7.1(a)(3). The Court further cautions Plaintiffs that failure to meaningfully confer with opposing counsel (which includes conferring in a timely manner) pursuant to Local Rule 7.1, prior to filing a motion, may result in appropriate sanctions. Signed by Judge Rodney Smith on 2/6/2020. (lbn) |
| Dec 19, 2019 | 35 | Main Document (2) Docket Text: Joint MOTION for Protective Order by Office Depot, Inc., The Office Club, Inc.. (Attachments: # (1) Text of Proposed Order)(Lottenberg, Geoffrey) |
| Dec 19, 2019 | 35 | Text of Proposed Order (13) |
| Dec 17, 2019 | 34 | Reply to Response to Motion (11) Docket Text: REPLY to Response to Motion re [20] Defendant's MOTION to Dismiss [19] Amended Complaint, and Motion to Consolidate Case with Related Action filed by Elementum Ltd.. (Carey, John) |
| Dec 11, 2019 | 33 | Notice of Striking (2) Docket Text: NOTICE of Striking [31] Response in Opposition to Motion, filed by Office Depot, Inc., The Office Club, Inc. by Office Depot, Inc., The Office Club, Inc. (Lottenberg, Geoffrey) |
| Dec 10, 2019 | 31 | Response in Opposition to Motion (9) Docket Text: STRICKEN - RESPONSE in Opposition re [20] Defendant's MOTION to Dismiss [19] Amended Complaint, and Motion to Consolidate Case with Related Action filed by Office Depot, Inc., The Office Club, Inc.. Replies due by 12/17/2019. (Lottenberg, Geoffrey) Modified per DE [33] on 12/12/2019 (pes). |
| Dec 10, 2019 | 32 | Response in Opposition to Motion (13) Docket Text: RESPONSE in Opposition re [20] Defendant's MOTION to Dismiss [19] Amended Complaint, and Motion to Consolidate Case with Related Action filed by Office Depot, Inc., The Office Club, Inc.. Replies due by 12/17/2019. (Lottenberg, Geoffrey) |
| Dec 5, 2019 | 30 | Order (2) Docket Text: ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 12/5/2019. See attached document for full details. (kza) |
| Dec 3, 2019 | 25 | Order on Motion to Appear Pro Hac Vice (2) Docket Text: ORDER granting [13] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Asim M. Bhansali. Signed by Magistrate Judge William Matthewman on 12/3/2019. See attached document for full details. (kza) |
| Dec 3, 2019 | 26 | Order on Motion to Appear Pro Hac Vice (2) Docket Text: ORDER granting [14] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Kate E. Lazarus. Signed by Magistrate Judge William Matthewman on 12/3/2019. See attached document for full details. (kza) |
| Dec 3, 2019 | 27 | Order on Motion to Appear Pro Hac Vice (2) Docket Text: ORDER granting [15] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Nicholas A. Roethlisberger. Signed by Magistrate Judge William Matthewman on 12/3/2019. See attached document for full details. (kza) |
| Dec 3, 2019 | 28 | Scheduling Order (4) Docket Text: ORDER SETTING CIVIL TRIAL DATE, PRETRIAL DEADLINES, AND REFERRAL TO MAGISTRATE JUDGE: ( Jury Trial set for 11/23/2020 before Judge Rodney Smith., Calendar Call set for 11/17/2020 09:00 AM before Judge Rodney Smith., Amended Pleadings due by 2/1/2020., Expert Discovery due by 5/27/2020., Fact Discovery due by 5/27/2020., Joinder of Parties due by 2/1/2020., Mediation Deadline 6/10/2020., In Limine Motions due by 8/27/2020., Dispositive Motions due by 6/26/2020., Motions due by 8/27/2020., Pretrial Stipulation due by 10/27/2020.) Signed by Judge Rodney Smith on 12/3/2019. See attached document for full details. (jao) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. |
| Dec 3, 2019 | 29 | Order Referring Case to Mediation (2) Docket Text: ORDER OF REFERRAL to Mediation. (Mediation Deadline 6/10/2020.) Signed by Judge Rodney Smith on 12/3/2019. See attached document for full details. (jao) |
| Dec 2, 2019 | 21 | Main Document (6) Docket Text: SCHEDULING REPORT - Rule 16.1 by Office Depot, Inc., The Office Club, Inc. (Attachments: # (1) Exhibit)(Lottenberg, Geoffrey) |
| Dec 2, 2019 | 21 | Exhibit (3) |
| Dec 2, 2019 | 22 | Consent to Jurisdiction by US Magistrate Judge (2) Docket Text: Election to Jurisdiction for Final Disposition of Motions . Filed by Office Depot, Inc., The Office Club, Inc. (Lottenberg, Geoffrey) |
| Dec 2, 2019 | 23 | Consent to Jurisdiction by US Magistrate Judge (2) Docket Text: Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Office Depot, Inc., The Office Club, Inc. (Lottenberg, Geoffrey) |
| Dec 2, 2019 | 24 | Certificate of Other Affiliates/Corporate Disclosure Statement (2) Docket Text: Certificate of Other Affiliates/Corporate Disclosure Statement by Elementum Ltd. (Carey, John) |
| Nov 26, 2019 | 20 | Motion to Dismiss (15) Docket Text: Defendant's MOTION to Dismiss [19] Amended Complaint, and Motion to Consolidate Case with Related Action by Elementum Ltd.. Responses due by 12/10/2019 (Carey, John) |
| Nov 18, 2019 | 19 | Main Document (25) Docket Text: AMENDED COMPLAINT against Elementum Ltd., filed by Office Depot, Inc., The Office Club, Inc.. (Attachments: # (1) Exhibit Composite Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C To Be Filed Under Seal, # (4) Exhibit Exhibit D To Be Filed Under Seal, # (5) Exhibit Exhibit E To Be Filed Under Seal, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H, # (9) Exhibit Exhibit I, # (10) Exhibit Exhibit J, # (11) Exhibit Exhibit K)(Lottenberg, Geoffrey) Modified on 12/30/2020 (mr1). |
| Nov 18, 2019 | 19 | Exhibit Composite Exhibit A (4) |
| Nov 18, 2019 | 19 | Exhibit Exhibit B (1) |
| Nov 18, 2019 | 19 | Exhibit Exhibit C To Be Filed Under Seal (1) |
| Nov 18, 2019 | 19 | Exhibit Exhibit D To Be Filed Under Seal (1) |
| Nov 18, 2019 | 19 | Exhibit Exhibit E To Be Filed Under Seal (1) |
| Nov 18, 2019 | 19 | Exhibit Exhibit F (1) |
| Nov 18, 2019 | 19 | Exhibit Exhibit G (1) |
| Nov 18, 2019 | 19 | Exhibit Exhibit H (1) |
| Nov 18, 2019 | 19 | Exhibit Exhibit I (2) |
| Nov 18, 2019 | 19 | Exhibit Exhibit J (1) |
| Nov 18, 2019 | 19 | Exhibit Exhibit K (1) |
| Nov 15, 2019 | 18 | Notice of Pending, Refiled, Related or Similar Actions (1) Docket Text: Notice of Pending, Refiled, Related or Similar Actions by Elementum Ltd. (Carey, John) |
| Nov 14, 2019 | 16 | Order Referring Case to Magistrate Judge (1) Docket Text: REFERRAL TO MAGISTRATE JUDGE William Matthewman (Motions referred to Judge William Matthewman.) Signed by Judge Rodney Smith on 11/14/2019. See attached document for full details. (jao) |
| Nov 14, 2019 | 17 | Order Requiring Joint Scheduling Report (7) Docket Text: ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT (Joint Scheduling Report due by 12/2/2019) Signed by Judge Rodney Smith on 11/14/2019. See attached document for full details. (jao) |
| Nov 7, 2019 | 13 | Motion to Appear Pro Hac Vice (6) Docket Text: First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Asim M. Bhansali. Filing Fee $ 75.00 Receipt # 113C-12129974 by Elementum Ltd.. Responses due by 11/21/2019 (Carey, John) |
| Nov 7, 2019 | 14 | Motion to Appear Pro Hac Vice (6) Docket Text: First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kate E. Lazarus. Filing Fee $ 75.00 Receipt # 113C-12130022 by Elementum Ltd.. Responses due by 11/21/2019 (Carey, John) |
| Nov 7, 2019 | 15 | Motion to Appear Pro Hac Vice (6) Docket Text: First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicholas A. Roethlisberger. Filing Fee $ 75.00 Receipt # 113C-12130034 by Elementum Ltd.. Responses due by 11/21/2019 (Carey, John) |
| Nov 6, 2019 | 12 | Answer to Complaint (12) Docket Text: ANSWER and Affirmative Defenses to Complaint by Elementum Ltd.. (Carey, John) |
| Oct 18, 2019 | 10 | Main Document (2) Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [1] Complaint, by Elementum Ltd.. Attorney John C. Carey added to party Elementum Ltd.(pty:dft). (Attachments: # (1) Text of Proposed Order)(Carey, John) |
| Oct 18, 2019 | 10 | Text of Proposed Order (1) |
| Oct 18, 2019 | N/A | Order on Motion for Extension of Time to File Response/Reply/Answer (0) Docket Text: PAPERLESS ORDER granting [10] Defendant's Unopposed Motion for Extension of Time to Respond to the Complaint. Defendant shall file a response by December 4, 2019. Signed by Judge Rodney Smith on 10/18/2019. (cbn) |
| Oct 17, 2019 | 9 | Certificate of Other Affiliates/Corporate Disclosure Statement (2) Docket Text: Corporate Disclosure Statement by Office Depot, Inc., The Office Club, Inc. (Lottenberg, Geoffrey) |
| Oct 8, 2019 | 8 | Summons Returned Executed (2) Docket Text: SUMMONS (Affidavit) Returned Executed on [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Office Depot, Inc., The Office Club, Inc.. Elementum Ltd. served on 10/2/2019, answer due 10/23/2019. (Lottenberg, Geoffrey) |
| Sep 24, 2019 | 1 | Main Document (15) Docket Text: COMPLAINT against Elementum Ltd.. Filing fees $ 400.00 receipt number 113C-12008262, filed by Office Depot, Inc., The Office Club, Inc.. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E)(Lottenberg, Geoffrey) Modified on 12/30/2020 (mr1). |
| Sep 24, 2019 | 1 | Exhibit Exhibit A (5) |
| Sep 24, 2019 | 1 | Exhibit Exhibit B (1) |
| Sep 24, 2019 | 1 | Exhibit Exhibit C (1) |
| Sep 24, 2019 | 1 | Exhibit Exhibit D (1) |
| Sep 24, 2019 | 1 | Exhibit Exhibit E (2) |
| Sep 24, 2019 | N/A | Clerk's Notice of Judge Assignment (0) Docket Text: Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jao) |
| Sep 24, 2019 | 3 | Main Document (1) Docket Text: FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # (1) Supplement Complaint and Exhibits) (jao) |
| Sep 24, 2019 | 3 | Supplement Complaint and Exhibits (25) |
| Sep 24, 2019 | N/A | Clerk's Notice to Filer re: Electronic Case (0) Docket Text: Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (jao) |
| Sep 24, 2019 | 5 | Main Document (1) Docket Text: NOTICE by Office Depot, Inc., The Office Club, Inc. re [1] Complaint, (Attachments: # (1) Civil Cover Sheet) (Lottenberg, Geoffrey) |
| Sep 24, 2019 | 5 | Civil Cover Sheet (2) |
| Sep 24, 2019 | 6 | Main Document (1) Docket Text: NOTICE by Office Depot, Inc., The Office Club, Inc. re [1] Complaint, (Attachments: # (1) Summon(s)) (Lottenberg, Geoffrey) |
| Sep 24, 2019 | 6 | Summon(s) (2) |
| Sep 24, 2019 | 7 | Summons Issued (2) Docket Text: Summons Issued as to Elementum Ltd. (pes) |
