Pay(q)r, LLC v. Positronics Technologies, Inc. et al
| Pay(q)r, LLC |
| Chris Sullivan, Michael Wior, Omnivore Technologies, Inc., Victor Lafita, Positronics Technologies, Inc., Menupad, Inc., George Sibble and Michael Taczak |
| 5:2014cv02588 |
| November 24, 2014 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Benita Y Pearson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 39
Stipulation and Order of Dismissal with Prejudice. Judge Benita Y. Pearson on 10/4/2016. (JLG)
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| Filing 38 Proposed Stipulation and Order of Dismissal with Prejudice filed by Pay(q)r, LLC. (Greenfelder, Justin) Modified on 10/14/2016 to edit text (D,TM). |
| Filing 37 Marginal Order approving #34 Notice of Voluntary Dismissal. Judge Benita Y. Pearson on 5/18/2015. (JLG) |
| Filing 36 Reply in support of #26 Rule 12 Motion to dismiss Plaintiff's #23 amended complaint and alternatively for a more definite statement filed by All Defendants. (Kitchen, David) |
| Filing 35 Notice: The telephonic conference regarding discovery disputes which was scheduled to be held before Magistrate Judge George J. Limber ton 5/21/15 at 3:30 p.m. is cancelled. (S,AA) |
| Filing 34 Notice of Dismissal Under FRCP 41(a)(1) filed by Pay(q)r, LLC. (Nee, Matthew) |
| Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; telephonic conference held on 5/13/15; Matthew M. Nee participated as counsel for plaintiff; Thomas H. Shunk and David E. Kitchen participated as counsel for defendants; an additional telephonic conference is scheduled before Magistrate Judge George J. Limbert on 5/21/15 at 3:30 p.m. concerning resolution of discovery disputes; the Court shall set up the conference call to counsel; (Court Reporter: None);Time: 10 minutes. (S,AA) |
| Filing 33 IMPORTANT: Notice that the telephone conference regarding defendants' discovery dispute is reset and scheduled to be held 5/13/2015 at 1:30 PM before Magistrate Judge George J. Limbert. The Court shall set up the conference call to counsel (S,L) |
| Filing 32 IMPORTANT: Notice that the telephone conference regarding defendants' discovery dispute set for 5/7/2015 is reset and scheduled to be held 5/20/2015 at 1:30 PM before Magistrate Judge George J. Limbert. The Court shall set up the conference call to counsel (S,L) |
| Filing 31 IMPORTANT: Notice of Hearing: A telephonic conference regarding defendants' discovery dispute is scheduled before Magistrate Judge George J. Limbert on 5/7/15 at 2:15 p.m.; the Court shall set up the conference call to counsel (Related document #28 ). (S,AA) |
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Filing 30
Order referring case to Magistrate Judge George J. Limbert for resolution of discovery dispute. Judge Benita Y. Pearson on 5/4/2015. Related document(s) #28 . (JLG)
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| Filing 29 Opposition to #26 Rule 12 Motion to dismiss Plaintiff's #23 amended complaint and alternatively for a more definite statement filed by Pay(q)r, LLC. (Nee, Matthew) |
| Filing 28 Notice of Discovery Dispute filed by All Defendants. (Kitchen, David) |
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Filing 27
Order For the reasons set forth herein, Defendants' Motion to Dismiss Counts 3 Through 29 of Plaintiff's Complaint (ECF No. #12 ) is denied as moot and without prejudice. Judge Benita Y. Pearson on 4/2/2015. (JLG)
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| Filing 26 Rule 12 Motion to dismiss Plaintiff's #23 amended complaint and alternatively for a more definite statement filed by Victor Lafita, Menupad, Inc., Omnivore Technologies, Inc., Positronics Technologies, Inc., George Sibble, Chris Sullivan, Michael Taczak, Michael Wior. Related document(s) #23 . (Attachments: #1 Brief in Support)(Kitchen, David) Modifiedn text to match document and add link on 3/31/2015 (S,L). |
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Filing 25
Order Appointing Evaluator. Judge Benita Y. Pearson on 3/26/2015. (JLG)
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| Filing 24 Stipulated Protective Order. See Electronic Filing Policies and Procedures Manual at Paragraphs 19 and 24 for filing documents under seal. Judge Benita Y. Pearson on 3/26/2015. (JLG) |
| Filing 23 First Amended complaint against All Defendants and adding new party defendant(s) Omnivore Technologies, Inc.. Filed by Pay(q)r, LLC. (Attachments: #1 Exhibit Copyright Certificate of Registration, #2 Exhibit Sibble Contract, #3 Exhibit Menupad NDA) (Nee, Matthew) |
| Filing 22 Notice of Joint Nomination of Gregory Kesden as a Neutral Third-Party Evaluator filed by All Defendants. Related document(s) #21 . (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Kesden CV)(Kitchen, David) |
| Filing 21 Case Management Conference Plan/Order. Case is assigned to the standard track, and is not suitable for ADR at this time. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. The parties are hereby ordered to nominate through their respective attorneys an Evaluator by not later than 4:00 p.m. on 3/11/2015. If the parties fail to agree upon a nominee, each party is invited to submit nominations for three (3) individuals to such appointment. Such nominations should be filed not later than 4:00 p.m. on 3/18/2015. Fact discovery shall be completed on or before 9/11/2015. Expert discovery shall be completed on or before 11/2/2015. On or before 9/11/2015, the party that has the burden of proof on an issue(s) shall identify their retained expert witness(es) and provide opposing counsel with a written expert report(s). On or before 10/2/2015, the party that has no burden of proof on an issue(s) shall submit a written rebuttal report(s), if any, to opposing counsel. Plaintiff has the consent of Defendants to file an Amended Complaint on or before 3/11/2015. Defendants' Motion to Dismiss Counts 3 Through 29 of Plaintiff's Complaint (ECF No. #12 ) will be denied without prejudice at a later date because it will be moot when Plaintiff files its Amended Complaint. The cutoff to amend pleadings and add parties is 5/1/2015. The cutoff for filing dispositive motions is 12/1/2015, with Responses filed by 12/31/2015 and Replies by 1/14/2016. Written stipulations as to all uncontested facts to be presented by the dispositive motion shall be filed with the Court on or before 12/1/2015. A Status Conference will be set at the convenience of the Court. See Order for additional information and requirements. Judge Benita Y. Pearson on 2/26/2015. (JLG) Modified text on 2/26/2015 (JLG). |
| Minutes of proceedings [non-document] before Magistrate Judge George J. Limbert o/b/o Judge Benita Y. Pearson. Telephonic Case Management Conference held on 2/25/2015. Present were Attorney Matthew M. Nee as counsel for Plaintiff; Attorneys Thomas H. Shunk and David E. Kitchen as counsel for Defendants; Nick Stanoszek as corporate representative for Plaintiff; Defendant Michael Wior (individually and as corporate representative of Defendants Positronics Technologies, Inc. and Menupad, Inc.); and Defendants George Sibble, Michael Taczak, and Victor Lafita. (Court Reporter: None); Time: 30 Minutes. (JLG) |
| Filing 20 Motion to excuse appearance of Chris Sullivan by telephone at the Case Management Conference filed by Defendant Chris Sullivan. Related document(s) #18 . (Shunk, Thomas) |
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Order [non-document] granting #20 Motion to excuse appearance of Chris Sullivan by telephone at the Case Management Conference. Judge Benita Y. Pearson on 2/25/2015. (JLG)
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| Filing 19 Joint Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Attachments: #1 Stipulated ESI Standards, #2 Stipulated Protective Order)Related document(s) #9 .(Kitchen, David) |
| Filing 18 IMPORTANT Notice: Due to the Court's criminal trial schedule, the Case Management Conference is reset for 2/25/2015 at 12:00 p.m. to be held telephonically before Judge Benita Y. Pearson. Attorney Shunk is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Related document(s) #9 . (JLG) |
| Filing 17 Corporate Disclosure Statement filed by Pay(q)r, LLC. (Nee, Matthew) |
| Filing 16 Certificate of Service of Fed. R. Civ. P. 26(a)(1) Disclosures filed by Pay(q)r, LLC. (Nee, Matthew) |
| Filing 15 Notice of Service of Defendants' Rule 26(a)(1) Disclosures filed by All Defendants. Related document(s) #9 .(Kitchen, David) |
| Filing 14 Corporate Disclosure Statement filed by Menupad, Inc.. (Kitchen, David) |
| Filing 13 Corporate Disclosure Statement filed by Positronics Technologies, Inc.. (Kitchen, David) |
| Filing 12 Motion to dismiss for failure to state a claim filed by Victor Lafita, Menupad, Inc., Positronics Technologies, Inc., George Sibble, Chris Sullivan, Michael Taczak, Michael Wior. Related document(s) #1 ,. (Attachments: #1 Brief in Support, #2 Appendix Summary of Counts and Arguments, #3 Appendix Ohio UTSA)(Kitchen, David) |
| Filing 11 Joint Motion to attend the Case Management Conference by all Parties by telephone filed by Victor Lafita, Menupad, Inc., Positronics Technologies, Inc., George Sibble, Chris Sullivan, Michael Taczak, Michael Wior. Related document(s) #9 . (Shunk, Thomas) Modified to term motion event on 2/20/2015 (JLG). |
| Filing 10 Return of Service by Clerk unexecuted upon George Sibble. Service attempted by certified mail on 12/15/2014, 12/29/2014, and returned on 1/3/2015, marked 'unclaimed'. Filed on behalf of Pay(q)r, LLC. (Related document #4 .) (S,He) |
| Filing 9 Case Management Conference Scheduling Order with Case Management Conference to be held on 2/25/2015 at 10:00 a.m. at Chambers 313 before Judge Benita Y. Pearson. Judge Benita Y. Pearson on 1/14/2015. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4) (JLG) |
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Order [non-document] granting Defendants' Motion for Extension of Time, until 2/1/2015, to file Answer. Judge Benita Y. Pearson on 12/29/2014.(R,Li)
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| Filing 8 Motion for extension of time until 2/1/2015 to answer or move in response to the Complaint filed by Victor Lafita, Menupad, Inc., Positronics Technologies, Inc., George Sibble, Chris Sullivan, Michael Taczak, Michael Wior. (Attachments: #1 Affidavit of Thomas H. Shunk in support of the motion)(Shunk, Thomas) |
| Filing 7 Return of Service by Clerk by certified mail executed upon Michael Taczak on 12/12/2014; Michael Wior on 12/12/2014, filed on behalf of Pay(q)r, LLC. Related document #4 . (M,TL) |
| Filing 6 Return of Service by Clerk by certified mail executed upon Positronics Technologies, Inc. on 12/11/2014; Menupad, Inc. on 12/11/2014, filed on behalf of Pay(q)r, LLC. Related document #4 . (S,He) |
| Filing 5 Return of Service by Clerk by certified mail executed upon Victor Lafita on 12/11/2014; and Chris Sullivan on 12/11/2014, filed on behalf of Pay(q)r, LLC. Related document(s) #4 . (S,HR) |
| Service by Clerk. Summons and Complaint addressed to Victor Lafita (receipt #7012 3050 0000 4770 1588), Menupad, Inc. (receipt #7012 3050 0000 4770 1571), Positronics Technologies, Inc. (receipt #7012 3050 0000 4770 1564), George Sibble (receipt #7012 3050 0000 4770 1557), Chris Sullivan (receipt #7012 3050 0000 4770 1618), Michael Taczak (receipt #7012 3050 0000 4770 1595), Michael Wior (receipt #7012 3050 0000 4770 1601) placed in U.S. Mail. (M,TL) |
| Filing 4 Original Summons and Magistrate Consent Form issued for service upon Victor Lafita, Menupad, Inc., Positronics Technologies, Inc., George Sibble, Chris Sullivan, Michael Taczak, Michael Wior. (Attachments: #1 Magistrate Consent Form) (M,TL) |
| Judge Benita Y. Pearson assigned to case. (M,TL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (M,TL) |
| Filing 3 Report on the Filing of an Action Regarding a Copyright (AO121) filed by Pay(q)r, LLC d.b.a. Payr. (Nee, Matthew) |
| Filing 2 Corporate Disclosure Statement filed by Pay(q)r, LLC . Document unsigned. (Nee, Matthew) Modified text and attorney notified on 11/25/2014 (M,TL). |
| Filing 1 Complaint with jury demand against all Defendants. Filing fee of $400 paid, receipt number 0647-6843550, filed by Pay(q)r, LLC . (Attachments: #1 Civil Cover Sheet, #2 Summons in a Civil Action, #3 Exhibit Software Development Service Agreement, #4 Exhibit Mutual Confidentiality and Non-Disclosure Agreement) (Nee, Matthew) Modified text and description of attachments on 11/25/2014 (M,TL). |
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