Luxpro Corporation v. Apple, Inc. Featured Case Has Decisions

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Plaintiff Luxpro Corporation alleged that Defendant Apple, Inc. engaged in a scheme to interfere with Plaintiff's existing and prospective business relations and monopolize the worldwide MP3 market. Specifically, Plaintiff alleged that Defendant pressured Plaintiff's business partners and published false statements concerning Plaintiff's products and business.
Plaintiff: Luxpro Corporation
Defendant: Apple, Inc.
 
Case Number: 4:2008cv04092
Filed: October 14, 2008
 
Court: Arkansas Western District Court
Office: Personal Property: Other Office
County: Outside U.S.
Presiding Judge: Honorable Harry F. Barnes
 
Nature of Suit: Torts - Property - Other Personal Property Damage
Cause: Diversity
Jurisdiction: Diversity
Jury Demanded By: 28:1332 Diversity-Property Damage
 
Following Case: In re: Apple, Inc. (09-3689)

Docket Report

We have record of the following docket entries for this case.
Date Filed#Document Text
July 7, 2010 Remark - Case transferred thru civil case extract (cnn)
July 7, 201083Court Opinion or Order ORDER TRANSFERRING CASE to District of Northern California in accordance with 82 Mandate issued by United States Court of Appeals for the Eighth Circuit. Signed by Honorable Harry F. Barnes on July 7, 2010. (cap)
July 7, 201082MANDATE (USCA) RE PETITION FOR WRIT OF MANDAMUS granting as to 57 Petition for Writ of Mandamus Notice (USCA) filed by Apple, Inc. and directing the district court to transfer this action to the Northern District of California. (Attachments: # 1 USCA Judgment, # 2 USCA Opinion)(cap)
June 17, 2010 TEXT ONLY ORDER granting 81 Motion to Withdraw as Attorney. Attorney Leisa B. Pearlman terminated. Signed by Honorable Harry F. Barnes on June 17, 2010. (ljl) Modified on 6/17/2010 (cnn).
June 16, 201081MOTION of Leisa B. Pearlman to Withdraw as Attorney for Plaintiff by Luxpro Corporation. (McGaha, Corey)
April 29, 201080REPLY by Apple, Inc. re 69 Notice (Other) In Support of its Request for Judicial Notice. (Plunkett, Stuart)
April 29, 201079AFFIDAVIT filed by Apple, Inc. re 77 Reply to Response to Motion to Dismiss the Second Amended Complaint. (Attachments: # 1 Exhibit A)(Plunkett, Stuart)
April 29, 201078AFFIDAVIT filed by Apple, Inc. re 77 Reply to Response to Motion to Dismiss the Second Amended Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Plunkett, Stuart)
April 29, 201077REPLY to Response to Motion re 66 MOTION to Dismiss the Second Amended Complaint filed by Apple, Inc.. (Plunkett, Stuart)
April 13, 2010 TEXT ONLY ORDER granting 76 Motion for Extension of Time to File Response/Reply to April 29, 2010. Signed by Honorable Harry F. Barnes on April 13, 2010. (ljl)
April 8, 201076MOTION for Extension of Time to File Response/Reply by Apple, Inc.. (Attachments: # 1 Supplement)(Pratt, James)
March 29, 201075RESPONSE & BRIEF in Opposition re 66 MOTION to Dismiss the Second Amended Complaint filed by Luxpro Corporation. (Cockrell, Phillip) Modified on 3/30/2010 to add text (cap).
March 29, 201074RESPONSE by Luxpro Corporation re 69 Notice (Other) Plaintiff's Response and Objection to Defendant's Request for Judicial Notice in Support of Motion to Dismiss the Second Amended Complaint. (Cockrell, Phillip)
March 20, 2010 TEXT ONLY ORDER granting 73 Motion for Extension of Time to File Response to March 29, 2010. Signed by Honorable Harry F. Barnes on March 20, 2010. (ljl)
March 19, 201073Unopposed MOTION for Extension of Time to File Response/Reply as to 66 MOTION to Dismiss the Second Amended Complaint by Luxpro Corporation. (Cockrell, Phillip)
March 12, 2010 TEXT ONLY ORDER granting 72 Motion for Extension of Time to File Response/Reply to March 22, 2010. Signed by Honorable Harry F. Barnes on March 12, 2010. (ljl)
March 11, 201072Unopposed MOTION for Extension of Time to File Response/Reply as to 66 MOTION to Dismiss the Second Amended Complaint by Luxpro Corporation. (Cockrell, Phillip)
March 8, 201071REPLY to Response to Motion re 65 MOTION for Entry of Scheduling Order Under Federal Rules of Civil Procedure 16 filed by Luxpro Corporation. (Cockrell, Phillip)
March 1, 201070RESPONSE in Opposition re 65 MOTION for Entry of Scheduling Order Under Federal Rules of Civil Procedure 16 filed by Apple, Inc.. (Attachments: # 1 Exhibit A)(Plunkett, Stuart)
February 26, 201069NOTICE by Apple, Inc. re 66 MOTION to Dismiss the Second Amended Complaint Request for Judicial Notice (Plunkett, Stuart)
February 26, 201068AFFIDAVIT filed by Apple, Inc. re 66 MOTION to Dismiss the Second Amended Complaint. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Plunkett, Stuart)
February 26, 201067MEMORANDUM BRIEF in Support of 66 MOTION to Dismiss the Second Amended Complaint by Apple, Inc.. (Plunkett, Stuart)
February 26, 201066MOTION to Dismiss 62 the Second Amended Complaint by Apple, Inc.. (Plunkett, Stuart) Modified on 3/1/2010 to add link (cap).
February 19, 201065MOTION for Entry of Scheduling Order Under Federal Rules of Civil Procedure 16 by Luxpro Corporation. (Attachments: # 1 Exhibit A ltr- Proposed Scheduling Order)(Cockrell, Phillip) Modified on 2/22/2010 to edit text (cap).
January 28, 2010 TEXT ONLY ORDER granting 64 Motion for Extension of Time. Defendant has up to and including February 26, 2010 to respond to Plaintiff's Amended Complaint. Signed by Honorable Harry F. Barnes on January 28, 2010. (ljl)
January 26, 201064MOTION for Extension of Time to File Response/Reply by Apple, Inc.. (Attachments: # 1 Supplement)(Pratt, James)
January 7, 2010 TEXT ONLY ORDER granting 63 Motion for Extension of Time to file a response to Plaintiff's second amended complaint to January 29, 2010. Signed by Honorable Harry F. Barnes on January 7, 2010. (ljl)
January 6, 201063MOTION for Extension of Time to File Response/Reply by Apple, Inc.. (Attachments: # 1 Supplement Proposed Order)(Pratt, James)
December 29, 200962AMENDED COMPLAINT with Jury Demand against Apple, Inc. Plaintiff's Second Amended Complaint, filed by Luxpro Corporation.(Cockrell, Phillip)
December 22, 200961Court Opinion or Order ORDER granting 59 Motion for Leave to File second amended complaint. Signed by Honorable Harry F. Barnes on December 22, 2009. (tg)
December 22, 200960RESPONSE to Motion re 59 MOTION for Leave to File Second Amended Complaint Stipulation of Parties Agreeing to the filing of Second Amended Complaint and Extension of Time to Respond to Second Amended Complaint and Proposed Order filed by Apple, Inc.. (Pratt, James)
December 7, 200959MOTION for Leave to File Second Amended Complaint by Luxpro Corporation. (Attachments: # 1 Exhibit A Second Amended Complaint, # 2 Exhibit B Transcript 9-1-09 Hrg)(Adams, Richard) Modified on 12/8/2009 to edit labels (cap).
December 7, 200958Court Opinion or Order ORDER of USCA granting in part respondent Luxpro Corporation's motion for extension of time to respond as to 57 Petition for Writ of Mandamus Notice (USCA), filed by Apple, Inc. (cap) Modified on 12/7/2009 to correct text (cap).
November 20, 200957NOTICE (USCA) that a PETITION FOR WRIT OF MANDAMUS has been filed as case number 09-3689, in the 8th Circuit Court of Appeals by Apple, Inc. for 50 Order on Motion to Transfer Case. (Attachments: # 1 Petition for Writ of Mandamus, # 2 Appendix of Exhibits to Petition, Part I, # 3 Appendix of Exhibits to Petition, Part II, # 4 Petitioner's Letter to 8USCA, # 5 Receipt of Payment by 8USCA)(cap)
November 20, 2009 TEXT ONLY ORDER granting 56 Motion for Extension of Time to Amend Complaint. Plaintiff has up to and including December 7, 2009, to file its amended complaint. Signed by Honorable Harry F. Barnes on November 20, 2009. (ljl)
November 19, 200956Unopposed MOTION for Extension of Time to Amend Complaint by Luxpro Corporation. (Cockrell, Phillip)
October 30, 2009 TEXT ONLY ORDER granting 55 Motion for Extension of Time to file a second amended complaint. Plaintiff has up to and including November 23, 2009, to file its second amended complaint. Signed by Honorable Harry F. Barnes on October 30, 2009. (ljl)
October 29, 200955Unopposed MOTION for Extension of Time to Amend First Amended Complaint by Luxpro Corporation. (Cockrell, Phillip)
October 28, 200954NOTICE OF FILING OFFICIAL TRANSCRIPT of Argument on Motions held on September 1, 2009, before Judge Harry F. Barnes. Court Reporter/Transcriber: Donna McKinney, Telephone number 870-862-1303. Envelope Number: 09-38. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before or after the deadline for Release of Transcript Restriction. After that date it, or a redacted transcript, may be obtained through PACER. A Notice of Intent to Request Redaction of the Transcript MUST be filed within 7 calendar days of the filing of the transcript and served manually on the court reporter/transcriber. Redaction Request due 11/18/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/26/2010. (cap)
October 13, 200953Court Opinion or Order ORDER granting 52 Motion for Extension of Time to File Response/Reply to second amended complaint; defendants are not required to answer first amended complaint, response to second amended complaint is due within 20 days of it being filed. Signed by Honorable Harry F. Barnes on October 12, 2009. (cnn)
October 8, 2009 TEXT ONLY ORDER granting 51 Plaintiff's Motion for Extension of Time to Amend. Plaintiff shall file its Second Amended Complaint on or before November 2, 2009.. Signed by Honorable Harry F. Barnes on October 8, 2009. (alw)
October 8, 200952MOTION for Extension of Time to File Response/Reply and Other Relief by Apple, Inc.. (Pratt, James)
October 7, 200951Unopposed MOTION for Extension of Time to Amend Complaint by Luxpro Corporation. (Cockrell, Phillip)
September 28, 200950Court Opinion or Order ORDER denying 25 Motion to Transfer Case. Signed by Honorable Harry F. Barnes on September 28, 2009. (cap)
September 28, 200949Court Opinion or Order ORDER granting in part and denying in part 23 Motion to Dismiss; Luxpro directed to file any amendments to the complaint within 14 days. Signed by Honorable Harry F. Barnes on September 28, 2009. (cnn)
September 28, 200948MEMORANDUM OPINION. Signed by Honorable Harry F. Barnes on September 28, 2009. (cnn)
September 25, 2009 TEXT ONLY ORDER granting Defendant's 47 Motion for Order requesting the Court take judicial notice of the July 7, 2009 decision of the Taiwan Supreme Court.Signed by Honorable Harry F. Barnes on September 25, 2009. (alw)
September 4, 2009 Court Recording of Motion Hearing held on 9/1/09, by Court Reporter Donna McKinney, Tape No. DM 09-38, Location of Tape: El Dorado. (cnn)
September 2, 200947MOTION for Order in Support of Apple Inc.'s Motion to Dismiss by Apple, Inc.. (Attachments: # 1 Exhibit 1)(Crass, Kevin)
September 1, 200946Minute Entry for proceedings held before Honorable Harry F. Barnes: Motion Hearing held on 9/1/2009. (rwg)
August 26, 2009 TEXT ONLY ORDER granting 28 Apple Inc.'s Motion for Order requesting the Court take judicial notice of 1) the injunction issued by a German court on March 14, 2005 and 2) an injunction issued by a Taiwanese court on August 18, 2005. Signed by Honorable Harry F. Barnes on August 26, 2009. (alw)
August 24, 200945Court Opinion or Order ORDER Setting Hearing on Motions: Motion Hearing set for 9/1/2009 @ 10:00 AM in Texarkana -- 3rd flr (AR side) before Honorable Harry F. Barnes. Signed by Honorable Harry F. Barnes on August 24, 2009. (rwg)
July 2, 2009 TEXT ONLY ORDER granting 44 Motion to Withdraw as Attorney. Attorney Sean F. Rommel terminated. Signed by Honorable Harry F. Barnes on July 2, 2009. (ljl)
July 1, 200944MOTION of Sean F. Rommel to Withdraw as Attorney by Luxpro Corporation. (Adams, Richard)
May 27, 200943Court Opinion or Order ORDER granting 41 Motion to Withdraw as Attorney. Attorney Patricia L. Peden terminated. Signed by Honorable Harry F. Barnes on May 27, 2009. (cap)
May 27, 200942Court Opinion or Order ORDER granting 40 Motion to Withdraw as Attorney. Attorney Nicholas H. Patton terminated. Signed by Honorable Harry F. Barnes on May 27, 2009. (cap)
April 27, 200941MOTION to Withdraw by Luxpro Corporation. (Peden, Patricia)
April 27, 200940MOTION to Withdraw by Luxpro Corporation. (Patton, Nicholas)
April 6, 200939SUPPLEMENT by Defendant Apple, Inc. to 25 MOTION to Transfer Case. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Crass, Kevin)
April 6, 200938REPLY in Support re 25 MOTION to Transfer Case filed by Apple, Inc.. (Crass, Kevin) Modified on 4/7/2009 to edit text (cap).
April 6, 200937REPLY in Support re 23 MOTION to Dismiss for Failure to State a Claim filed by Apple, Inc.. (Crass, Kevin) Modified on 4/7/2009 to edit text (cap).
March 27, 2009 TEXT ONLY ORDER granting 36 Motion for Extension of Time to File Response/Reply to April 6, 2009. Signed by Honorable Harry F. Barnes on March 27, 2009. (ljl)
March 24, 200936MOTION for Extension of Time to File Response/Reply as to 23 Motion to Dismiss Case for Failure to State a Claim and as to 25 MOTION to Transfer Case by Apple, Inc. (Crass, Kevin) Modified on 3/25/2009 to create link and edit text (cap).
March 24, 200935***PLEASE DISREGARD - REFILED AS DOCUMENT 36 *** MOTION for Extension of Time to File Response/Reply by Apple, Inc. as to 23 Motion to Dismiss for Failure to State a Claim and as to 25 Motion to Transfer Case. (Crass, Kevin) Modified on 3/25/2009 to create document link and to note to disregard (cap).
March 2, 200934RESPONSE & BRIEF in Opposition re 23 MOTION to Dismiss for Failure to State a Claim Plaintiff Luxpro Corporation's Response to Defendant Apple, Inc.'s Motion to Dismiss for Failure to State a Claim filed by Luxpro Corporation. (Adams, Richard) Modified on 3/3/2009 to add text (cap).
March 2, 200933RESPONSE in Opposition re 25 MOTION to Transfer Case Plaintiff's Response in Opposition to Defendant's Motion to Transfer Venue and Brief in Support Thereof filed by Luxpro Corporation. (Attachments: # 1 Exhibit Ex A Declaration of Fu-Ching Wu)(Adams, Richard)
February 17, 2009 TEXT ONLY ORDER granting 32 Plaintiff's Motion for Extension of Time to File Response to 3/2/2009. Defendant has up to and including 3/30/2009 to file its reply to Plaintiff's response to Defendant's Motion to Dismiss and Motion to Transfer. Signed by Honorable Harry F. Barnes on 2/17/2009. (ljl)
February 17, 200932Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Transfer Case, 23 MOTION to Dismiss for Failure to State a Claim by Luxpro Corporation. (Patton, Nicholas)
February 3, 2009 TEXT ONLY ORDER granting 30 Motion for Extension of Time to File Response/Reply. Plaintiff has up to and including February 23, 2009, to file its Response to Defendant Apple, Inc's Motion to Dismiss and Motion to Transfer. Defendant has up to and including March 23, 2009, to file its Reply. Signed by Honorable Harry F. Barnes on 2/3/2009. (ljl)
January 30, 200931NOTICE of Appearance by Reid Davis Miller on behalf of Luxpro Corporation (Miller, Reid)
January 22, 200930Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Transfer Case, 23 MOTION to Dismiss for Failure to State a Claim by Luxpro Corporation. (Adams, Richard)
December 19, 200829Corporate Disclosure Statement by Apple, Inc.. (Crass, Kevin)
December 19, 200828MOTION for Order in Support of Apple, Inc.'s Motion for Transfer and Motion to Dismiss by Apple, Inc.. (Crass, Kevin)
December 19, 200827AFFIDAVIT filed by Apple, Inc. re 25 MOTION to Transfer Case, 23 MOTION to Dismiss for Failure to State a Claim of Thomas R. La Perle. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Crass, Kevin)
December 19, 200826MEMORANDUM BRIEF in Support of 25 MOTION to Transfer Case by Apple, Inc.. (Crass, Kevin)
December 19, 200825MOTION to Transfer Case by Apple, Inc.. (Crass, Kevin)
December 19, 200824MEMORANDUM BRIEF in Support of 23 MOTION to Dismiss for Failure to State a Claim by Apple, Inc.. (Crass, Kevin)
December 19, 200823MOTION to Dismiss for Failure to State a Claim by Apple, Inc.. (Crass, Kevin)
November 19, 200822NOTICE of Appearance by Glenn E. Janik on behalf of Luxpro Corporation (Janik, Glenn)
November 19, 200821NOTICE of Appearance by Patrick J. Conroy on behalf of Luxpro Corporation (Conroy, Patrick)
November 17, 200820NOTICE of Appearance by Jeremy Young Hutchinson on behalf of Luxpro Corporation (Hutchinson, Jeremy)
November 14, 200819NOTICE of Appearance by Stuart Christopher Plunkett on behalf of Apple, Inc. (Plunkett, Stuart)
November 14, 200818NOTICE of Appearance by Penelope A. Preovolos on behalf of Apple, Inc. (Preovolos, Penelope)
November 13, 2008 TEXT ONLY ORDER granting 17 Motion to Appear Pro Hac Vice. Stuart C. Plunkett is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 11/13/2008. (ljl)
November 13, 2008 TEXT ONLY ORDER granting 16 Motion to Appear Pro Hac Vice. Penelope A. Preovolos is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 11/13/2008. (ljl)
November 12, 200817MOTION to Appear Pro Hac Vice Stuart C. Plunkett by Apple, Inc.. (Crass, Kevin)
November 12, 200816MOTION to Appear Pro Hac Vice Penelope A. Preovolos by Apple, Inc.. (Crass, Kevin)
November 12, 200815NOTICE of Appearance by James M. Pratt, Jr on behalf of Apple, Inc. (Pratt, James)
November 12, 2008 TEXT ONLY ORDER granting 13 Motion for Extension of Time. Defendant has up to and including December 19, 2008, to file responsive pleadings to Plaintiff's First Amended Complaint. Plaintiff has up to and including January 26, 2009, to respond to those pleadings. Defendant has up to and including February 6, 2009, to file any reply briefs. Signed by Honorable Harry F. Barnes on 11/12/2008. (ljl)
November 11, 200814NOTICE of Appearance by Sean F. Rommel on behalf of Luxpro Corporation (Rommel, Sean)
November 10, 200813MOTION to Extend Time by Apple, Inc.. (Crass, Kevin)
November 10, 200812NOTICE of Appearance by Kevin A. Crass on behalf of Apple, Inc. (Crass, Kevin)
October 29, 200811NOTICE of Appearance by Patricia L. Peden on behalf of Luxpro Corporation (Peden, Patricia)
October 28, 200810AFFIDAVIT of Service for Original Complaint, filed by Luxpro Corporation. Apple, Inc. served on 10/22/2008, answer due 11/12/2008. (Adams, Richard)
October 27, 2008 TEXT ONLY ORDER granting 8 Motion to Appear Pro Hac Vice. Patricia L. Peden is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 10/27/2008. (ljl)
October 27, 20089NOTICE of Appearance by Leisa B. Pearlman on behalf of Luxpro Corporation (Pearlman, Leisa)
October 24, 20088MOTION to Appear Pro Hac Vice of Patricia L. Peden by Luxpro Corporation. (Patton, Nicholas)
October 22, 20087NOTICE of Appearance by Nicholas H. Patton on behalf of Luxpro Corporation (Patton, Nicholas)
October 20, 20086AMENDED COMPLAINT with Jury Demand against Apple, Inc., filed by Luxpro Corporation.(Adams, Richard)
October 17, 2008 TEXT ONLY ORDER granting 4 Motion to Appear Pro Hac Vice. Glenn E. Janik is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 10/17/2008. (ljl)
October 17, 2008 TEXT ONLY ORDER granting 3 Motion to Appear Pro Hac Vice. Patrick J. Conroy is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 10/17/2008. (ljl)
October 16, 20085NOTICE of Appearance by Phillip N. Cockrell on behalf of Luxpro Corporation (Cockrell, Phillip)
October 15, 20084MOTION to Appear Pro Hac Vice for Glenn E. Janik by Luxpro Corporation. (Adams, Richard)
October 15, 20083MOTION to Appear Pro Hac Vice for Patrick J. Conroy by Luxpro Corporation. (Adams, Richard)
October 14, 20082NOTICE of Appearance by Corey Darnell McGaha on behalf of Luxpro Corporation (McGaha, Corey)
October 14, 2008 CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Plaintiff Luxpro Corporation. Complaint 1 lists multiple attorneys appearing for the filer. The following attorney(s), who did not sign the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case: Phillip N. Cockrell, Corey D. McGaha, Jeremy Y. Hutchinson. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED. (cap)
October 14, 2008 Summons Issued as to Apple, Inc. and returned to attorney/plaintiff for service. (cap)
October 14, 20081COMPLAINT against Apple, Inc. ( Filing fee $ 350 receipt number 4000185.), filed by Luxpro Corporation.(cap)
Docket Report Last Updated: October 5, 2010 20:39:16 PDT

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Plaintiff: Luxpro Corporation
Represented By: Richard A. Adams
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Defendant: Apple, Inc.
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