Microsoft Corporation v. Mutairi et al
| Microsoft Corporation |
| Mohamed Benabdellah, Vitalwerks Internet Solutions, LLC and Naser Al Mutairi |
| Roger M. Loeb |
| 2:2014cv00987 |
| June 19, 2014 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| George Foley |
| Gloria M Navarro |
| Personal Property: Other |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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Filing 53
MINUTE ORDER Exonerating Bond. IT IS ORDERED that the #20 Cash Bond posted in the amount of $200,000.00, receipt #27368 filed June 27, 2014 on behalf of Plaintiff, is hereby exonerated and the Clerk of Court is hereby directed to release said funds to the rightful owner. Signed by Chief Judge Gloria M. Navarro on 04/26/2016. (Copies have been distributed pursuant to the NEF - NEV)
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| Filing 52 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (DC) |
| Filing 51 CLERK'S JUDGMENT in favor of Microsoft Corporation in the amount of $750,000 and against Mohamed Benabdellah, Naser Al Mutairi. Signed by Clerk of Court, Lance S. Wilson on 7/14/2015. (Copies have been distributed pursuant to the NEF - DC) |
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Filing 50
ORDER Accepting and Adopting in Full #49 Amended Report and Recommendation. Plaintiff's Motion for Default Judgment #44 is Granted. IT IS FURTHER ORDERED that Plaintiff be awarded $750,000 in damages.IT IS FURTHER ORDERED that a permanent injunction be GRANTED. IT IS FURTHER ORDERED that this Court retain jurisdiction over the parties to the extent necessary to enforce the terms of this Order and the injunctive relief provided herein.The Clerk shall enter judgment accordingly and close the case. Signed by Chief Judge Gloria M. Navarro on 7/14/2015. (Copies have been distributed pursuant to the NEF - DC)
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Filing 49
AMENDED REPORT AND RECOMMENDATION. IT IS HEREBY RECOMMENDED that #44 Motion for Default Judgment be granted. IT IS FURTHER RECOMMENDED that Plaintiff be awarded $750,000 in damages. IT IS FURTHER RECOMMENDED that a permanent injunction be granted. IT IS FURTHER RECOMMENDED that the surety bond posted by Plaintiff to secure the preliminary injunction be released upon entry of the permanent injunction. IT IS FURTHER RECOMMENDED that Defendants and their officers, directors, employees, and agents be permanently enjoined, pursuant to 18 U.S.C. 1030(g). IT IS FURTHER RECOMMENDED that this Court retain jurisdiction over the parties to the extent necessary to enforce the terms of this Order and the injunctive relief provided herein. Objections to R&R due by 7/13/2015 Signed by Magistrate Judge George Foley, Jr on 6/25/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing 48
REPORT AND RECOMMENDATION: IT IS HEREBY RECOMMENDED that Plaintiffs Motion for Default Judgment #23 be granted. IT IS FURTHER RECOMMENDED that Plaintiff be awarded $750,000 in damages.IT IS FURTHER RECOMMENDED that a permanent injunction be granted.IT IS FURTHER RECOMMENDED that the surety bond posted by Plaintiff to secure the preliminary injunction be released upon entry of the permanent injunction.IT IS FURTHER RECOMMENDED that Defendants and their officers, directors,employees, and agents be permanently enjoined, pursuant to 18 U.S.C. 1030(g).IT IS FURTHER RECOMMENDED that this Court retain jurisdiction over the parties to the extent necessary to enforce the terms of this Order and the injunctive relief provided herein. Objections to R&R due by 7/12/2015. Signed by Magistrate Judge George Foley, Jr on 6/25/2015. (Copies have been distributed pursuant to the NEF - DC)
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| Filing 47 DECLARATION of Jason Lyons re #44 Motion for Default Judgment; filed by Plaintiff Microsoft Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Smith, Rachael) |
| Filing 46 MINUTES OF PROCEEDINGS - Motion Hearing held on 4/15/2015 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Randall Haimovici and Jason Lyons; Def Counsel: None Present; Court Reporter/FTR #: 1:34p.m. - 2:09p.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel as to #44 Motion for Default Judgment. Plaintiffs witness: Jason Lyons is sworn and testifies. Counsel is to file a supplement to the motion for default judgment as discussed in open court today. The Court will issue a report and recommendation. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) |
| Filing 45 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 4/2/2015. By Judicial Assistant: Julia Wright. RE: #44 MOTION for Default Judgment. Motion/Prove Up Hearing set for Wednesday, April 15, 2015 at 1:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW) |
| Filing 44 MOTION for Default Judgment by Plaintiff Microsoft Corporation. Motion ripe 10/29/2014. (Attachments: #1 Memorandum of Points and Authorities In Support of its Motion For Default Judgment, #2 Declaration of Jason Lyons In Support of Microsoft's Motion For Default Judgment, #3 Declaration of Rachael Smith In Support of Microsoft's Motion For Default Judgment, #4 Proposed Order on Microsoft's Motion for Default Judgment)(Smith, Rachael) |
| Filing 43 Clerk's ENTRY OF DEFAULT as to Mohamed Benabdellah and Naser Al Mutairi re #42 MOTION for Entry of Clerks Default . (SLR) |
| Filing 42 MOTION for Entry of Clerks Default by Plaintiff Microsoft Corporation. Motion ripe 7/22/2014. (Attachments: #1 Declaration of Rachael Smith, #2 Proposed Order Default)(Smith, Rachael) |
| Filing 41 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 7/11/2014. By Deputy Clerk: Michael Zadina. Non-Party Roger M. Loeb having failed to file his #32 Letter as a motion pursuant to F.R.Cv.P. 7(b),IT IS THEREFORE ORDERED that the #32 Letter is STRICKEN.(no image attached) (Copies have been distributed pursuant to the NEF - MJZ) |
| Filing 40 EXHIBIT(s) 1 to Lyons Declaration - REDACTED to #5 Emergency SEALED MOTION for Temporary Restraining Order ; filed by Plaintiff Microsoft Corporation. (Smith, Rachael) |
| Filing 39 MINUTES OF PROCEEDINGS - Motion Hearing held on 7/10/2014 before Chief Judge Gloria M. Navarro. Crtrm Administrator: Michael Zadina; Pla Counsel: Randall Haimovici and Rachael Smith; Def Counsel: None present; Court Reporter/FTR #: Katherine Eismann; Time of Hearing: 3:22-3:27 PM; Courtroom: 7D; The Court makes preliminary statements and hears representations of counsel regarding preliminary injunction. IT IS HEREBY ORDERED that #5 Motion for Preliminary Injunction is GRANTED. The Court will sign the #37 Proposed Order for Preliminary Injunction. Plaintiff's counsel are permitted to appear telephonically at future hearings, if necessary. (Copies have been distributed pursuant to the NEF - MJZ) |
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Filing 38
ORDER FOR PRELIMINARY INJUNCTION. IT IS FURTHER ORDERED that copies of this Order may be served by any means authorized by law, including by means previously authorized for the complaint and TRO in the Second Amended Order issued by this Court on June 30, 2014. IT IS FURTHER ORDERED that this Order shall remain in effect until the case is resolved by dismissal of the complaint, judgment, or other final decree against the Defendants enjoined by this Order, IT IS FURTHER ORDERED that Microsoft shall maintain its bond in the amount of $200,000 that it has paid to the Court Clerk until this case is resolved. Signed by Chief Judge Gloria M. Navarro on 7/10/2014. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 37 Submission of PROPOSED ORDER on #5 Emergency SEALED MOTION for Temporary Restraining Order ; filed by Plaintiff Microsoft Corporation. Proposed Order Granting Preliminary Injunction (Attachments: #1 Appendix A)(Smith, Rachael) |
| Filing 36 DECLARATION of Rachael Smith re #5 Emergency SEALED MOTION for Temporary Restraining Order ; filed by Plaintiff Microsoft Corporation. (Smith, Rachael) |
| Filing 35 Supplemental DECLARATION of Jason Lyons re #5 Emergency SEALED MOTION for Temporary Restraining Order ; filed by Plaintiff Microsoft Corporation. (Smith, Rachael) |
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Filing 34
ORDER ON STIPULATION Granting #33 STIPULATION of Dismissal as to Vitalwerks Internet Solutions, LLC with prejudice. Signed by Chief Judge Gloria M. Navarro on 7/9/2014. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 33 STIPULATION of Dismissal filed by Plaintiff Microsoft Corporation. (Smith, Rachael) |
| Filing 32 STRICKEN per 41 Minute Order. LETTER from Roger M. Loeb. (SLR) |
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Filing 31
ORDER ON STIPULATION Granting #24 STIPULATION to Transfer Control of 23 No-IP.com Domains from Microsoft Corporation Back to Vitalwerks Internet Solutions, LLC.. Signed by Chief Judge Gloria M. Navarro on 7/3/2014. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 30 Joint STATUS REPORT; filed by Plaintiff Microsoft Corporation. (Diab, Tony) |
| Filing 29 NOTICE of Appearance by attorney Ronald D Green, Jr on behalf of Defendant Vitalwerks Internet Solutions, LLC. (Green, Ronald) |
| Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 7/2/2014. By Deputy Clerk: Aaron Blazevich. Counsel for Plaintiff filed the #26 Notice of Appearance on behalf of defense counsel. The #26 Notice of Appearance is STRICKEN. Counsel is advised that e-filings must be made in compliance with Special Order 109. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 7/2/2014. IT IS HEREBY ORDERED that the parties in this case shall file a joint status report by 7/3/14 to indicate the status of the pending request for preliminary injunction #1 and the upcoming preliminary injunction hearing set for 7/10/14. #19 . The parties shall indicate whether the preliminary injunction request is withdrawn as moot in light of the recent settlement in this case with Defendant Vitalwerks such that the hearing should be vacated. (Copies have been distributed pursuant to the NEF - FLC) |
| Filing 26 STRICKEN per 28 Minute Order. (ASB) NOTICE of Appearance by attorney Tony M Diab on behalf of Plaintiff Microsoft Corporation. Notice of Appearance of Ronald D. Green filed by Microsoft Corporation per his request (Diab, Tony) |
| Filing 25 EXHIBIT(s) A List of 23 Domains to Transfer to #24 Stipulation ; filed by Plaintiff Microsoft Corporation. (Diab, Tony) |
| Filing 24 STIPULATION to Transfer Control of 23 No-IP.com Domains from Microsoft Corporation Back to Vitalwerks Internet Solutions, LLC, d/b/a No-IP.com by Plaintiff Microsoft Corporation. (Diab, Tony) |
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Filing 23
ORDER to Unseal Case. Signed by Chief Judge Gloria M. Navarro on 6/30/2014. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 22 Submission of PROPOSED ORDER Unsealing Case filed by Plaintiff Microsoft Corporation. (MJZ) |
| Filing 21 NOTICE OF SERVICE by Plaintiff Microsoft Corporation of Defendants Mutairi, Benabdellah, and Vitalwerks Internet Solutions, LLC. (MJZ) |
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Filing 19
Second Amended TEMPORARY RESTRAINING ORDER. Proof of service due by 7/1/2014. Plaintiff shall post a bond in the amount of $200,000.00. Responses due by 7/8/2014. Replies due by 7/10/2014 at 12:00 PM (Noon). Preliminary Injunction Hearing is set for 7/10/2014 at 3:00 PM in LV Courtroom 7D before Chief Judge Gloria M. Navarro. Signed by Chief Judge Gloria M. Navarro. (Copies have been distributed pursuant to the NEF - MJZ)
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| Filing 20 CERTIFICATE of Cash Deposit as to Microsoft Corporation: $ 200,000.00 receipt number 027368. (Attachments: #1 Receipt #027368) (SLR) |
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Filing 18
Amended TEMPORARY RESTRAINING ORDER. Proof of service due by 7/1/2014. Plaintiff shall post a bond in the amount of $200,000.00. Responses due by 7/8/2014. Replies due by 7/10/2014 at 12:00 PM (Noon). Preliminary Injunction Hearing is set for 7/10/2014 at 3:00 PM in LV Courtroom 7D before Chief Judge Gloria M. Navarro. Signed by Chief Judge Gloria M. Navarro. (Copies have been distributed pursuant to the NEF - MJZ)
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| Filing 17 MINUTES OF PROCEEDINGS - SEALED TRO Hearing held on 6/26/2014 before Chief Judge Gloria M. Navarro. Crtrm Administrator: Michael Zadina; Pla Counsel: Tony Diab, Randall Haimovici, and Rachael Smith; Def Counsel: None present; Court Reporter/FTR #: Joan Quiros; Time of Hearing: 10:58-11:32 AM; Courtroom: 7D; The Court makes preliminary statements and hears representations of counsel regarding the basis of the action. IT IS ORDERED that #5 Motion for Temporary Restraining Order is GRANTED. Plaintiff's counsel is directed to furnish a Proposed Amended Temporary Restraining Order to the Courtroom Administrator for the Court's consideration. Plaintiff's counsel shall post a $200,000.00 bond with the Clerk of Court. Proof of service due by 7/1/2014. Plaintiff is permitted to effect service via email and social media. Once service has been effected, Plaintiff is directed to file a notice with the Court to unseal the case.Responses due by 7/8/2014. Replies due by 7/10/2014 at 12:00 PM (Noon). Preliminary Injunction Hearing is set for 7/10/2014 at 3:00 PM in LV Courtroom 7D before Chief Judge Gloria M. Navarro. (Copies have been distributed pursuant to the NEF - MJZ) |
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Filing 16
ORDER Granting #14 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Randall D. Haimovici for Microsoft Corporation and approving Designation of Local Counsel for Attorney Robert J. Flummerfelt. Signed by Chief Judge Gloria M. Navarro on 6/25/2014. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - SLR)
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Filing 15
ORDER Granting #13 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Rachael M. Smithfor Microsoft Corporation and approving Designation of Local Counsel for Attorney Robert J. Flummerfelt . Signed by Chief Judge Gloria M. Navarro on 6/25/2014. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 14 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Randall D. Hainovici and DESIGNATION of Local Counsel Robert J. Flummerfelt (Filing fee $ 200) filed by Plaintiff Microsoft Corporation. Motion ripe 6/24/2014. (Attachments: #1 Receipt #27313)(SLR) |
| Filing 13 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Rachael M. Smith and DESIGNATION of Local Counsel Robert J.B. Flummerfelt (Filing fee $ 200) filed by Plaintiff Microsoft Corporation. Motion ripe 6/24/2014. (Attachments: #1 Receipt #027313)(SLR) |
| Filing 12 MINUTE ORDER IN CHAMBERS of the Honorable Gloria M. Navarro, Chief Judge, on 06/20/2014. By Judicial Assistant: PCE. ORDER deferring ruling on SEALED Verified #4 Petition for Permission to Practice Pro Hac Vice and approving Designation of Local Counsel as INCOMPLETE. Counsel is directed to READ and COMPLY with the Local Rules of Practice for the United States District Court, District of Nevada, LR IA 10-2, "Admission to Practice in a Particular Case". IT IS THE ORDER OF THE COURT that on Page 5, Appointment of Designated Resident Nevada Counsel, Plaintiff's "Authorized Representative" is directed to sign his name on the signature line. ( /s/ or a typewritten name is NOT acceptable).IT IS THE FURTHER ORDER OF THE COURT that on page 5, Consent of Designee, as to "Designated Resident Nevada Counsel's Signature", the associate resident Nevada counsel is directed under the Local Rules of Court to SIGN said designation ( /s/ or a typewritten name is NOT acceptable).Counsel shall have until 07/07/2014 to correct the deficiencies by filing the CORRECTED Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy the deficiency WILL result in the denial of the Verified Petition and counsel's requirement to repay the filing fee. (no image attached) (Copies have been distributed pursuant to the NEF - PCE) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Gloria M. Navarro, Chief Judge, on 06/20/2014. By Judicial Assistant: PCE. ORDER deferring ruling on SEALED Verified #3 Petition for Permission to Practice Pro Hac Vice and approving Designation of Local Counsel as INCOMPLETE. Counsel is directed to READ and COMPLY with the Local Rules of Practice for the United States District Court, District of Nevada, LR IA 10-2, "Admission to Practice in a Particular Case". IT IS THE ORDER OF THE COURT that on Page 5, Appointment of Designated Resident Nevada Counsel, Plaintiff's "Authorized Representative" is directed to sign his name on the signature line. ( /s/ or a typewritten name is NOT acceptable).IT IS THE FURTHER ORDER OF THE COURT that on page 5, Consent of Designee, as to "Designated Resident Nevada Counsel's Signature", the associate resident Nevada counsel is directed under the Local Rules of Court to SIGN said designation ( /s/ or a typewritten name is NOT acceptable).Counsel shall have until 07/07/2014 to correct the deficiencies by filing the CORRECTED Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy the deficiency WILL result in the denial of the Verified Petition and counsel's requirement to repay the filing fee. (no image attached) (Copies have been distributed pursuant to the NEF - PCE) |
| Filing 10 SEALED MINUTE ORDER IN CHAMBERS of the Honorable Gloria M. Navarro, Chief Judge, on 6/20/2014. By Judicial Assistant: PCE. IT IS HEREBY ORDERED that a hearing on Plaintiff's SEALED MOTION #1 to Seal, and Plaintiff's SEALED Emergency MOTION #5 for Temporary Restraining Order is set for Thursday, 6/26/2014 at 10:30 AM in LV Courtroom 7D before Gloria M. Navarro, Chief Judge.(no image attached) (Copies have been distributed pursuant to the NEF - PCE) |
| Filing 9 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (MAJ) |
| Filing 8 CERTIFICATE of Interested Parties filed by Microsoft Corporation. There are no known interested parties other than those participating in the case. (MAJ) |
| Filing 7 Summons Issued as to Mohamed Benabdellah, Naser Al Mutairi, Vitalwerks Internet Solutions, LLC re #2 Complaint. (MAJ) |
| Filing 6 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (MAJ) |
| Filing 5 Emergency SEALED MOTION for Temporary Restraining Order by Plaintiff Microsoft Corporation. Motion ripe 6/19/2014. (Attachments: #1 Memo of Ps and As, #2 Declaration, #3 Exhibit, #4 Declaration, #5 Exhibit, #6 Declaration, #7 Exhibit, #8 Exhibit, #9 Declaration, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Proposed Order)(Diab, Tony) |
| Filing 4 SEALED VERIFIED PETITION for Permission to Practice Pro Hac Vice by Rachael M. Smith and DESIGNATION of Local Counsel Tony M. Diab (Filing fee $ 200 receipt number 0978-3280881) by Plaintiff Microsoft Corporation. Motion ripe 6/19/2014. (Diab, Tony) |
| Filing 3 SEALED VERIFIED PETITION for Permission to Practice Pro Hac Vice by Randall D. Haimovici and DESIGNATION of Local Counsel Tony M. Diab (Filing fee $ 200 receipt number 0978-3280880) by Plaintiff Microsoft Corporation. Motion ripe 6/19/2014. (Diab, Tony) |
| Filing 2 SEALED COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-3280878), filed by Microsoft Corporation. Certificate of Interested Parties due by 6/29/2014. Proof of service due by 10/17/2014. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Summons, #11 Summons, #12 Summons, #13 Corporate Disclosure Statement, #14 Certificate of Interested Parties) (Diab, Tony) |
| Filing 1 SEALED MOTION to Seal by Plaintiff Microsoft Corporation. Motion ripe 6/19/2014. (Attachments: #1 Memo of Ps and As, #2 Proposed Order)(Diab, Tony) |
| Case assigned to Chief Judge Gloria M. Navarro and Magistrate Judge George Foley, Jr. ***Emergency motion previously filed in case.*** (MAJ) |
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