TIBCO Software Inc., v. Bank of America Corporation et al
| TIBCO Software Inc. |
| Bank of America Corporation, Bank of America National Association and Merrill Lynch Pierce Fenner & Smith, Inc. |
| 3:2014cv02782 |
| June 16, 2014 |
| US District Court for the Northern District of California |
| James Donato |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 62
ORDER of USCA as to #59 Notice of Appeal, filed by TIBCO Software Inc., (hdjS, COURT STAFF) (Filed on 3/18/2015)
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| Filing 61 TRANSCRIPT ORDER by TIBCO Software Inc., for Court Reporter Lydia Zinn. (Stern, Claude) (Filed on 11/26/2014) |
| Filing 60 USCA Case Number 14-17172 9th Circuit for #59 Notice of Appeal, filed by TIBCO Software Inc. (hdjS, COURT STAFF) (Filed on 11/13/2014) |
| Filing 59 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by TIBCO Software Inc.,. (Appeal fee of $505 receipt number 0971-9039029 paid.) (Attachments: #1 Ninth Circuit Rule 3-2 Representation Statement)(Stern, Claude) (Filed on 10/31/2014) |
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Filing 58
ORDER by Judge James Donato. The Court denies TIBCO's Administrative Motion to Correct Minute Entry. Dkt. No. 52. The Court did not make any arbitrability rulings, and made clear that any arguments about arbitrability must be presented to the arbitrator. At the same time, the Court finds that it would be non-sensical to limit the scope of issues referred to the arbitrator to the issue of arbitrability only, and declines to do so. The Court's Minute Entry (Dkt. No. 51) stands. TIBCO's request for leave to file a reply in support of its administrative motion to correct (Dkt. No. 56) is also denied. (This is a text-only entry. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 10/7/2014)
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| Filing 57 Declaration in Support of #56 MOTION for Leave to File Reply in Support of Motion to Correct Minute Entry Supplemental Declaration of Karin Kramer filed byTIBCO Software Inc.,. (Related document(s) #56 ) (Stern, Claude) (Filed on 10/7/2014) |
| Filing 56 MOTION for Leave to File Reply in Support of Motion to Correct Minute Entry filed by TIBCO Software Inc.,. (Attachments: #1 Proposed Order Granting TIBCO's Request for Leave to File Reply, #2 Declaration of Thomas R. Watson ISO TIBCO's Motion for Leave, #3 Exhibit A: TIBCO's Reply ISO Motion to Correct Minute Order)(Stern, Claude) (Filed on 10/6/2014) |
| Filing 55 RESPONSE (re #52 MOTION for Administrative Relief Correcting Minute Entry re #51 Motion Hearing, ) filed byBank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc.. (Attachments: #1 Proposed Order)(Klaus, Kelly) (Filed on 10/6/2014) |
| Filing 54 Joint Administrative Motion to File Under Seal Documents Relating to Briefing on Defendants' Motion to Compel Arbitration filed by TIBCO Software Inc.,. (Attachments: #1 Proposed Order Granting Administrative Motion to File Under Seal, #2 Declaration of Murray Rode in Support of Motion to Seal, #3 Declaration of Gary Watkins in Support of Motion to Seal, #4 Exhibit Unredacted Version of Exhibit 1, #5 Redacted Version of Exhibit 1, #6 Unredacted Version of Exhibit 2, #7 Redacted Version of Exhibit 2, #8 Unredacted Version of Exhibit 3, #9 Redacted Version of Exhibit 3, #10 Unredacted Version of Exhibit 4, #11 Redacted Version of Exhibit 4, #12 Unredacted Version of Exhibit 5, #13 Redacted Version of Exhibit 5, #14 Unredacted Version of Exhibit 6, #15 Redacted Version of Exhibit 6, #16 Unredacted Version of Exhibit 7, #17 Redacted Version of Exhibit 7, #18 Unredacted Version of Exhibit 8, #19 Redacted Version of Exhibit 8, #20 Unredacted Version of Exhibit 9, #21 Redacted Version of Exhibit 9, #22 Unredacted Version of Exhibit 10, #23 Redacted Version of Exhibit 10)(Stern, Claude) (Filed on 10/3/2014) |
| Filing 53 Transcript of Proceedings held on 10/01/2014, before Judge James Donato. Court Reporter/Transcriber Lydia Zinn, Telephone number (415) 531-6587. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #49 Transcript Order, #50 Transcript Order ) Release of Transcript Restriction set for 1/2/2015. (Related documents(s) #49 , #50 ) (Zinn, Lydia) (Filed on 10/3/2014) |
| Filing 52 MOTION for Administrative Relief Correcting Minute Entry re #51 Motion Hearing, filed by TIBCO Software Inc. (Attachments: #1 Proposed Order, #2 Declaration of Karin Kramer)(Stern, Claude) (Filed on 10/2/2014) Modified on 10/3/2014 (hdjS, COURT STAFF). |
| Filing 51 Minute Entry: Motion Hearing held on 10/1/2014 before James Donato (Date Filed: 10/1/2014) re #45 MOTION to Compel Arbitration and Dismiss and/or Stay, etc. [Redacted] filed by Bank of America National Association, Bank of America Corporation, Merrill Lynch Pierce Fenner & Smith, Inc.. (Court Reporter Lydia Zinn.) (lrcS, COURT STAFF) (Date Filed: 10/1/2014) |
| Filing 50 TRANSCRIPT ORDER by Bank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc. for Court Reporter Lydia Zinn. (Klaus, Kelly) (Filed on 10/1/2014) |
| Filing 49 TRANSCRIPT ORDER by TIBCO Software Inc., for Court Reporter Lydia Zinn. (Watson, Thomas) (Filed on 10/1/2014) |
| Filing 48 JOINT CASE MANAGEMENT STATEMENT filed by TIBCO Software Inc.,. (Stern, Claude) (Filed on 9/24/2014) |
| Set/Reset Deadlines as to #45 MOTION to Compel Arbitration and Dismiss and/or Stay, etc. [Redacted]. Motion Hearing set for 10/1/2014 09:30 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. (lrcS, COURT STAFF) (Filed on 9/22/2014) |
| Filing 47 RESPONSE (re #41 Supplemental Administrative Motion to File Under Seal Reply Memorandum iso of Defendants' Motion to Compel Arb. and Dismiss and/or Stay, or, in the Alternative, to Dismiss ) filed byTIBCO Software Inc.,. (Attachments: #1 Proposed Order)(Stern, Claude) (Filed on 9/22/2014) |
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Filing 46
Order by Hon. James Donato re #44 defendants' administrative motion. Docket Nos. 22-3 and 23 shall remain locked and inaccessible to the public until and unless the Court orders otherwise in resolving the related motion to seal. (jdlc2S, COURT STAFF) (Filed on 9/22/2014)
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| Filing 45 MOTION to Compel Arbitration and Dismiss and/or Stay, etc. [Redacted] filed by Bank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc.. Responses due by 10/1/2014. Replies due by 10/8/2014. (Klaus, Kelly) (Filed on 9/17/2014) |
| Filing 44 MOTION for Leave to File , MOTION to Remove Incorrectly Filed Document Dkt. Nos. 22-3 and 23 filed by Bank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc.. (Attachments: #1 Proposed Order)(Klaus, Kelly) (Filed on 9/17/2014) |
| Filing 43 CERTIFICATE OF SERVICE by Bank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc. re #41 Supplemental Administrative Motion to File Under Seal Reply Memorandum iso of Defendants' Motion to Compel Arb. and Dismiss and/or Stay, or, in the Alternative, to Dismiss, #42 Reply to Opposition/Response, (Klaus, Kelly) (Filed on 9/17/2014) |
| Filing 42 REPLY (re #22 Administrative Motion to File Under Seal ) re 23 Motion to Compel Arbitration and Dismiss and/or Stay, or, in the Alternative, to Dismiss filed byBank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc.. (Attachments: #1 Declaration Supp. Decl. of Kelly M. Klaus iso Defendants' Reply with Exhibit I)(Klaus, Kelly) (Filed on 9/17/2014) |
| Filing 41 Supplemental Administrative Motion to File Under Seal Reply Memorandum iso of Defendants' Motion to Compel Arb. and Dismiss and/or Stay, or, in the Alternative, to Dismiss filed by Bank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Version of Reply, #3 Unredacted Version of Reply)(Klaus, Kelly) (Filed on 9/17/2014) |
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Filing 40
Order by Hon. James Donato denying #34 Motion to Remove Incorrectly Filed Documents. The request is denied, because the Court cannot remove documents from the ECF docket. Both of the documents at issue (Dkt. Nos. 31-4 and 31-6) have, however, been locked, and are therefore inaccessible to the public. The Court orders that those two documents shall remain locked and inaccessible to the public until and unless the Court orders otherwise in resolving the related motion to seal. (jdlc2S, COURT STAFF) (Filed on 9/11/2014)
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| Filing 39 STIPULATION and Proposed Order selecting Private ADR by TIBCO Software Inc., and Defendants filed by TIBCO Software Inc.,. (Stern, Claude) (Filed on 9/10/2014) |
| Filing 38 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Stern, Claude) (Filed on 9/10/2014) |
| Filing 37 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Klaus, Kelly) (Filed on 9/10/2014) |
| Filing 36 RESPONSE (re #33 Administrative Motion to File Under Seal CORRECTION OF DOCKET #31 ) Response to Tibco Inc.'s Application to Seal filed byBank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc.. (Klaus, Kelly) (Filed on 9/8/2014) |
| Filing 35 CERTIFICATE OF SERVICE by TIBCO Software Inc., re #32 Opposition/Response to Motion, (Grantz, Jenny) (Filed on 9/5/2014) |
| Filing 34 MOTION to Remove Incorrectly Filed Document filed by TIBCO Software Inc.,. (Attachments: #1 Proposed Order)(Stern, Claude) (Filed on 9/5/2014) |
| Filing 33 Administrative Motion to File Under Seal CORRECTION OF DOCKET #31 filed by TIBCO Software Inc.,. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Stern, Claude) (Filed on 9/4/2014) |
| Filing 32 RESPONSE (re #31 Administrative Motion to File Under Seal , 23 MOTION to Compel Arbitration and/or Dismiss ) filed byTIBCO Software Inc.,. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit)(Stern, Claude) (Filed on 9/3/2014) |
| Filing 31 *** FILED IN ERROR. DOCUMENT LOCKED. PLEASE SEE DOCKET #33 . *** Administrative Motion to File Under Seal filed by TIBCO Software Inc.,. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Stern, Claude) (Filed on 9/3/2014) Modified on 9/4/2014 (ewn, COURT STAFF). |
| Filing 30 NOTICE of Appearance by Jenny Grantz for TIBCO Software Inc. (Grantz, Jenny) (Filed on 8/15/2014) |
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Filing 29
STIPULATION AND ORDER, Set/Reset Deadlines as to 23 MOTION to Compel Arbitration and/or Dismiss., Motions terminated: #27 Joint MOTION to Continue INITIAL CASE MANAGEMENT CONFERENCE AND TO EXTEND MOTION OPPOSITION AND REPLY DEADLINES filed by TIBCO Software Inc.,. Case Management Statement due by 9/24/2014. Case Management Conference set for 10/1/2014 09:30 AM in Courtroom 11, 19th Floor, San Francisco. Responses due by 9/3/2014. Replies due by 9/17/2014.. Signed by Judge James Donato on 8/14/14. (lrcS, COURT STAFF) (Filed on 8/14/2014)
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| Filing 28 CERTIFICATE OF SERVICE by TIBCO Software Inc., re #26 Administrative Motion to File Under Seal Murray Rode Declaration ISO Defendants' Motion to Seal (Dkt. No. 22) (Stern, Claude) (Filed on 8/12/2014) |
| Filing 27 Joint MOTION to Continue INITIAL CASE MANAGEMENT CONFERENCE AND TO EXTEND MOTION OPPOSITION AND REPLY DEADLINES filed by TIBCO Software Inc.,. (Attachments: #1 Declaration OF KARIN KRAMER IN SUPPORT OF THE STIPULATION FOR EXTENSION OF OPPOSITION AND REPLY DATES FOR DEFENDANTS' MOTION TO COMPEL ARBITRATION AND/OR DISMISS; AND TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE)(Stern, Claude) (Filed on 8/12/2014) |
| Filing 26 Administrative Motion to File Under Seal Murray Rode Declaration ISO Defendants' Motion to Seal (Dkt. No. 22) filed by TIBCO Software Inc.,. (Attachments: #1 Exhibit Unredacted Version of Ex. A to Klaus Declaration, #2 Exhibit Unredacted Versions of Exs. B-E to Klaus Declaration, #3 Exhibit Unredacted Version of Ex. F to Klaus Declaration, #4 Unredacted Version of Defendants' Motion to Compel Arbitration and/or Dismiss, #5 Proposed Order Granting Motion to Seal)(Stern, Claude) (Filed on 8/11/2014) |
| Filing 25 CLERKS NOTICE Continuing Motion Hearing, Set/Reset Deadlines as to 23 MOTION to Compel Arbitration and/or Dismiss. Motion Hearing set for 10/1/2014 09:30 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. THIS IS A TEXT ENTRY ONLY. THERE IS NO DOCUMENT ASSOCIATED WITH THIS ENTRY. (lrcS, COURT STAFF) (Filed on 8/7/2014) |
| Filing 24 CERTIFICATE OF SERVICE by Bank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc. re #22 Administrative Motion to File Under Seal (Klaus, Kelly) (Filed on 8/6/2014) |
| Filing 22 Administrative Motion to File Under Seal filed by Bank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Motion to Compel Arbitration and/or Dismiss, #4 Unredacted Version of Motion to Compel Arbitration and/or Dismiss, #5 Unredacted Version of Exhibit A, #6 Unredacted Version of Exhibits B-C, #7 Unredacted Version of Exhibits D-E, #8 Unredacted Version of Exhibits F-G)(Klaus, Kelly) (Filed on 8/6/2014) |
| Filing 21 Certificate of Interested Entities by Bank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc. (Klaus, Kelly) (Filed on 8/6/2014) |
| Filing 20 Notice of Appearance of Mark Helm (Sargent, Amelia) (Filed on 8/4/2014) Modified on 8/6/2014 (hdjS, COURT STAFF). |
| Filing 19 NOTICE of Appearance of Kelly Klaus (Sargent, Amelia) (Filed on 8/4/2014) Modified on 8/6/2014 (hdjS, COURT STAFF). |
| Filing 18 NOTICE of Appearance Guha Krishnamurthi (Sargent, Amelia) (Filed on 8/4/2014) Modified on 8/6/2014 (hdjS, COURT STAFF). |
| Filing 17 NOTICE of Appearance by Amelia L. B. Sargent (Attachments: #1 Notice of Appearance of Guha Krishnamurthi, #2 Notice of Appearance of Kelly. Klaus, #3 Notice of Appearance of Mark Helm)(Sargent, Amelia) (Filed on 8/4/2014) |
| Filing 16 CERTIFICATE OF SERVICE by TIBCO Software Inc., re #15 Amended Complaint, PROOF OF SERVICE OF AMENDED COMPLAINT (Watson, Thomas) (Filed on 7/24/2014) |
| Filing 15 AMENDED COMPLAINT FIRST AMENDED COMPLAINT FOR COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, SPECIFIC PERFORMANCE, AND BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING against All Defendants. Filed byTIBCO Software Inc.,. (Stern, Claude) (Filed on 7/22/2014) |
| Filing 14 SUMMONS Returned Executed by TIBCO Software Inc.,. All Defendants. (Stern, Claude) (Filed on 7/7/2014) |
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Filing 13
CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 9/17/2014 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge James Donato on 7/7/14. (lrcS, COURT STAFF) (Filed on 7/7/2014)
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. James Donato for all further proceedings. Magistrate Judge Nathanael M. Cousins no longer assigned to the case. Signed by Executive Committee on 7/3/14. (sv, COURT STAFF) (Filed on 7/3/2014)
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| Filing 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 7/2/2014) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by TIBCO Software Inc.,.. (Stern, Claude) (Filed on 7/1/2014) |
| Filing 9 REPORT on the filing of an action regarding Copyright (cc: form mailed to register). (dtmS, COURT STAFF) (Filed on 6/17/2014) |
| Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/10/2014. Case Management Conference set for 9/17/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. (dtmS, COURT STAFF) (Filed on 6/17/2014) |
| Filing 7 Summons Issued as to Bank of America Corporation, Bank of America National Association, Merrill Lynch Pierce Fenner & Smith, Inc.. (Attachments: #1 Summons, #2 Summons)(dtmS, COURT STAFF) (Filed on 6/17/2014) |
| Filing 6 Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (cp, COURT STAFF) (Filed on 6/17/2014) |
| Filing 5 Certificate of Interested Entities by TIBCO Software Inc., (Stern, Claude) (Filed on 6/16/2014) |
| Filing 4 Proposed Summons. (Stern, Claude) (Filed on 6/16/2014) |
| Filing 3 Proposed Summons. (Stern, Claude) (Filed on 6/16/2014) |
| Filing 2 Proposed Summons. (Stern, Claude) (Filed on 6/16/2014) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-8700090.). Filed byTIBCO Software Inc.,. (Attachments: #1 Civil Cover Sheet)(Stern, Claude) (Filed on 6/16/2014) |
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