BMC Software, Inc. vs International Business Machines Corporation
| BMC Software, Inc. and International Business Machines Corporation |
| 4:2017cv02254 |
| July 21, 2017 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Harris |
| Nancy K Johnson |
| Gray H Miller |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 9, 2022. A more recent docket listing may be available from PACER.
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Filing 757
FINAL JUDGMENT in favor of BMC Software Inc. Case terminated on 5/30/22.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 756
FINDINGS OF FACT AND CONCLUSIONS OF LAW. 1. BMCs Objections and Renewed Motion to Exclude the Expert Opinions of Bruce Hartley (Dkt. 617) is DENIED; 2. BMCs Objections and Renewed Motion to Exclude the Expert Opinions of Barry Graham (Dkt. 619) is DENIED; 3. BMCs Motion for Judgment on Partial Findings (Dkt. 665) is GRANTED in PART and DENIED in PART. 4. IBMs objections to BMCs designated testimony of Alan Ratliff (Dkt. 621) are DENIED; 5. IBMs supplemental objections to testimony of Alan Ratliff (Dkt. 670) are DENIED; 6. IBMs objections to BMCs designated testimony of Kendyl Romn (Dkt. 622) is DENIED AS MOOT; 7. IBMs Motion for Judgment on Partial Findings (Mar. 17, 2022 Trial Tr. at 20:847:23; see Mar. 24, 2022 Trial Tr. at 4:1735:14) (Dkts. 751, 752) is GRANTED in PART and DENIED in PART; 8.BMCs breach of MLA section 8 claim is DISMISSED WITH PREJUDICE;9.BMCs DTSA, TUTSA, and common law unfair competition through misappropriation claims are DISMISSED WITH PREJUDICE; 10.BMCs breach of 2015 OA section 5.1 is DISMISSED WITH PREJUDICE;11.BMC lost profits claim is DISMISSED WITH PREJUDICE;12.BMC shall recover direct and punitive damages from IBM on its fraudulent inducement claim, plus prejudgment interest in the amount of 5% and post-judgment interest: a.BMC is entitled to recover from IBM $717,739,615 in actual contractual damages.b.BMC is entitled to recover from IBM $168,226,367.29 in prejudgment interest on the actual damages described above.c.BMC is entitled to recover from IBM $717,739,615 in punitive damages based on fraud found by clear and convincing evidence.d.BMC is entitled to recover from IBM post-judgment interest from the date of the entry of judgment at the federally mandated rate. 28 U.S.C. 1961. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 755
ORDER granting #750 Motion to Seal Defendant IBMs Initial Motion for Judgment on Partial Findings and Defendant IBMs Renewed Motion for Judgment on Partial Findings.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 754
Minute Entry for proceedings held before Judge Gray H Miller. TELEPHONE CONFERENCE held on 5/26/2022. Post trial motion deadlines and whether to shorten the time was discussed. The attorney fee issue and whether it is more efficient to rule on it after appeal decision is returned was also discussed. An order to follow. Appearances: Sean R D Gorman, R Paul Yetter.(Court Reporter: L. Smith).(rguerrero, 4)
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Filing 753
NOTICE of Setting. Parties notified. Telephone Conference set for 5/26/2022 at 12:30 PM before Judge Gray H Miller, filed. (rguerrero, 4)
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Filing 752
SEALED MOTION /Defendant IBM's Renewed Motion for Judgment on Partial Findings by International Business Machines Corporation, filed. (Attachments: #1 Exhibit A) (Yetter, R)
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Filing 751
SEALED MOTION /Defendant IBM's Initial Motion for Judgment on Partial Findings by International Business Machines Corporation, filed. (Attachments: #1 Exhibit A) (Yetter, R)
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Filing 750
Unopposed MOTION to Seal Motions for Judgment on Partial Findings by International Business Machines Corporation, filed. Motion Docket Date 6/13/2022. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 749
PROPOSED ORDER IBM's Proposed Final Judgment, filed.(Reinhard, Donald)
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Filing 748
BMC Software, Inc.'s Response to the Court's Request for Proposed Final Judgment by BMC Software, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gorman, Sean)
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Filing 747
REDACTION to #738 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 746
REDACTION to #735 Sealed Document by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 745
REDACTION to #723 Sealed Document by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 744
REDACTION to #716 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 743
REDACTION to #712 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 742
REDACTION to #690 Sealed Document by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 741
REDACTION to #682 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 740
REDACTION to #680 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 739
ORDER granting #737 Defendant IBMs Unopposed Motion, Submitted at the Request of BMC, for Leave to File Under Seal Its Reply Brief Addressing Damages Issues Raised At Trial.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 738
SEALED REPLY in Support of its Post-Trial Brief Addressing Damages Issues Raised at Trial re: #687 Sealed Document by International Business Machines Corporation, filed. (Reinhard, Donald)
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Filing 737
Unopposed MOTION to Seal IBM's Reply Brief Addressing Damages Issues Raised At Trial by International Business Machines Corporation, filed. Motion Docket Date 5/11/2022. (Attachments: #1 Proposed Order)(Reinhard, Donald)
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Filing 736
ORDER granting #734 Defendant IBM's Motion to Seal Its Corrected Post-Trial Proposed Findings of Fact and Conclusions of Law.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 735
SEALED DOCUMENT Defendant IBM's Corrected Post-Trial Proposed Findings of Fact and Conclusions of Law by International Business Machines Corporation, filed. (Reinhard, Donald)
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Filing 734
Unopposed MOTION to Seal IBM's Corrected Post-Trial Proposed Findings of Fact and Conclusions of Law by International Business Machines Corporation, filed. Motion Docket Date 5/10/2022. (Attachments: #1 Proposed Order)(Reinhard, Donald)
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Filing 733
REDACTION to #694 Sealed Document by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 732
REDACTION to #668 Sealed Document by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 731
REDACTION to #665 SEALED MOTION For Judgment on Partial Findings by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 730
REDACTION to #619 SEALED MOTION BMC's Objections and Renewed Motion to Exclude the Expert Opinions of Barry Graham by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 729
REDACTION to #617 SEALED MOTION BMC's Objections and Renewed Motion to Exclude the Expert Opinions of Bruce V. Hartley by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 728
REDACTION to #696 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 727
REDACTION to #689 Sealed Document by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 726
REDACTION to #687 Sealed Document by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 725
ORDER granting #722 BMCs Unopposed Motion for Leave to File BMCs Corrected Post-Trial Proposed Findings of Fact and Conclusions of Law Under Seal.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 724
RESPONSE to #687 Sealed Document BMC Software's Response to Defendant IBM's Post-Trial Brief Addressing Damages Issues Raised at Trial, filed by BMC Software, Inc.. (Gorman, Sean)
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Filing 723
SEALED DOCUMENT BMC Software, Inc.'s Corrected Post-Trial Proposed Findings of Fact and Conclusions of Law by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 722
Unopposed MOTION to Seal Unopposed Motion for Leave to File BMC Software, Inc.'s Corrected Post-Trial Proposed Findings of Fact and Conclusions of Law by BMC Software, Inc., filed. Motion Docket Date 5/4/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 721
BMC Software Inc.'s Fifth Amended Page/Line Designations for Deposition and Preliminary Injunction Hearing Testimony by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 720
ORDER granting #715 BMCs Unopposed Motion for Leave to File BMC Software, Inc.s Reply in Support of its Trial Brief on Fraudulent Inducement Under Seal.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 719
ORDER granting #714 BMC Software, Inc.s motion for leave to exceed the default page limit in its Reply in Support of its Trial Brief on Fraudulent Inducement.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 718
ORDER granting #711 BMCs Unopposed Motion for Leave to File BMC Software, Inc.s Reply in Support of its Motion for Judgment on Partial Findings Under Seal.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 717
ORDER granting #710 BMC Software, Inc.s motion for leave to exceed the default page limit in its Reply in Support of its Motion for Judgment on Partial Findings.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 716
SEALED REPLY BMC Software, Inc.'s Reply in Support of its Trial Brief on Fraudulent Inducement by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 715
Unopposed MOTION to Seal Unopposed Motion for Leave to File BMC Software, Inc.'s Reply in Support of its Trial Brief on Fraudulent Inducement by BMC Software, Inc., filed. Motion Docket Date 5/2/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 714
Unopposed MOTION for Leave to File Excess Pages by BMC Software, Inc., filed. Motion Docket Date 5/2/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 713
REDACTION to #670 Sealed Document by International Business Machines Corporation, filed.(Yetter, R)
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Filing 712
SEALED REPLY BMC Software, Inc.'s Reply in Support of its Motion for Judgment on Partial Findings re: #665 SEALED MOTION For Judgment on Partial Findings by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 711
Unopposed MOTION to Seal Unopposed Motion for Leave to File BMC Software, Inc.'s Reply in Support of its Motion for Judgment on Partial Findings Under Seal by BMC Software, Inc., filed. Motion Docket Date 4/29/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 710
Unopposed MOTION for Leave to File Excess Pages by BMC Software, Inc., filed. Motion Docket Date 4/29/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 709
Notice of Filing of Official Transcript as to #704 Transcript, #705 Transcript, #703 Transcript, #706 Transcript, #702 Transcript, #708 Transcript, #707 Transcript. Party notified, filed. (olindor, 4)
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Filing 708
TRANSCRIPT re: Bench Trial Vol. 7 held on 3/24/22 before Judge Gray H Miller. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Paul Yetter/Sean Gorman Release of Transcript Restriction set for 7/5/2022., filed. (Alcaraz, Heather)
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Filing 707
TRANSCRIPT re: Bench Trial Vol. 6 held on 3/22/22 before Judge Gray H Miller. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Paul Yetter/Sean Gorman Release of Transcript Restriction set for 7/5/2022., filed. (Alcaraz, Heather)
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Filing 706
TRANSCRIPT re: Bench Trial Vol. 5 held on 3/21/22 before Judge Gray H Miller. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Paul Yetter/Sean Gorman Release of Transcript Restriction set for 7/5/2022., filed. (Alcaraz, Heather)
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Filing 705
TRANSCRIPT re: Bench Trial Vol. 4 held on 3/17/22 before Judge Gray H Miller. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Paul Yetter/Sean Gorman Release of Transcript Restriction set for 7/5/2022., filed. (Alcaraz, Heather)
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Filing 704
TRANSCRIPT re: Bench Trial Vol. 3 held on 3/16/22 before Judge Gray H Miller. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Paul Yetter/Sean Gorman Release of Transcript Restriction set for 7/5/2022., filed. (Alcaraz, Heather)
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Filing 703
TRANSCRIPT re: Bench Trial Vol. 2 held on 3/15/22 before Judge Gray H Miller. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Paul Yetter/Sean Gorman Release of Transcript Restriction set for 7/5/2022., filed. (Alcaraz, Heather)
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Filing 702
TRANSCRIPT re: Bench Trial Vol. 1 held on 3/14/22 before Judge Gray H Miller. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Paul Yetter/Sean Gorman Release of Transcript Restriction set for 7/5/2022., filed. (Alcaraz, Heather)
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Filing 701
ORDER granting #695 IBM's Motion to Seal its Response to BMC's Trial Brief on Fraudulent Inducement.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 700
ORDER granting #693 IBM's Motion to Seal its Post-trial Brief and Response to BMC's Motion for Judgment on Partial Findings.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 699
ORDER granting #688 IBM's Motion to Seal its Proposed Findings of Fact and Conclusions of Law.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 698
ORDER granting #686 IBM's Motion to Seal its post-trial brief addressing damages raised at trial.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 697
ORDER granting #685 BMC's Motion to Seal BMCs Post-Trial Proposed Findings of Fact and Conclusions of Law.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 696
SEALED RESPONSE of Defendant IBM to BMC's Trial Brief on Fraudulent Inducement re: #668 Sealed Document by International Business Machines Corporation, filed. (Reinhard, Donald)
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Filing 695
Unopposed MOTION to Seal Defendant IBM's Response to BMC's Trial Brief on Fraudulent Inducement by International Business Machines Corporation, filed. Motion Docket Date 4/25/2022. (Attachments: #1 Proposed Order)(Reinhard, Donald)
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Filing 694
SEALED DOCUMENT /Defendant IBM's Posttrial Brief and Response to BMC's Motion for Judgment on Partial Findings by International Business Machines Corporation, filed. (Yetter, R)
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Filing 693
Unopposed MOTION to Seal Defendant IBM's Posttrial Brief and Response to BMC's Motion for Judgment on Partial Findings by International Business Machines Corporation, filed. Motion Docket Date 4/22/2022. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 692
REDACTION to #622 Sealed Document, by International Business Machines Corporation, filed.(Yetter, R)
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Filing 691
REDACTION to #621 Sealed Document, by International Business Machines Corporation, filed.(Yetter, R)
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Filing 690
SEALED DOCUMENT BMC Software, Inc.'s Post-Trial Proposed Findings of Fact and Conclusions of Law by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 689
SEALED DOCUMENT /Defendant IBM's Post-Trial Proposed Findings of Fact and Conclusions of Law by International Business Machines Corporation, filed. (Yetter, R)
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Filing 688
Unopposed MOTION to Seal Defendant IBM's Post-Trial Proposed Findings of Fact and Conclusions of Law by International Business Machines Corporation, filed. Motion Docket Date 4/21/2022. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 687
SEALED DOCUMENT /Defendant IBM's Post-Trial Brief Addressing Damages Issues Raised at Trial by International Business Machines Corporation, filed. (Yetter, R)
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Filing 686
Unopposed MOTION to Seal Defendant IBM's Post-Trial Brief Addressing Damages Issues Raised at Trial by International Business Machines Corporation, filed. Motion Docket Date 4/21/2022. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 685
Unopposed MOTION to Seal Unopposed Motion for Leave to File BMC Software, Inc.'s Post-Trial Proposed Findings of Fact and Conclusions of Law by BMC Software, Inc., filed. Motion Docket Date 4/21/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 684
ORDER granting #681 Motion to Seal BMCs Response in Opposition to IBMs Objections to BMCs Designated Testimony of and IBMs Supplemental Objections to Testimony of Alan Ratliff.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 683
ORDER granting #679 Motion to Seal BMCs Response in Opposition to IBMs Objection to BMCs Designated Testimony of Kendyl Romn.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 682
SEALED RESPONSE BMC's Response in Opposition to IBM's Objections to BMC's Designated Testimony of and IBM's Supplemental Objections to Testimony of Alan Ratliff by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 681
Unopposed MOTION to Seal Unopposed Motion for Leave to File BMC's Response in Opposition to IBM's Objections to BMC's Designated Testimony of and IBM's Supplemental Objections to Testimony of Alan Ratliff Under Seal by BMC Software, Inc., filed. Motion Docket Date 4/19/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 680
SEALED RESPONSE BMC's Response in Opposition to IBM's Objection to BMC's Designated Testimony of Kendyl Roman by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 679
Unopposed MOTION to Seal Unopposed Motion for Leave to File BMC's Response in Opposition to IBM's Objection to BMC's Designated Testimony of Kendyl Roman Under Seal by BMC Software, Inc., filed. Motion Docket Date 4/19/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 678
ORDER granting #669 IBMs Unopposed Motion for Leave to File Under Seal Its Supplemental Objections to Testimony of Alan Ratliff.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 677
ORDER granting #667 BMC's Unopposed Motion for Leave to File BMCs Trial Brief on Standard for Fraudulent-Inducement Claim Under Seal.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 676
ORDER granting #664 BMC's Motion to file its Motion for Judgment on Partial Findings under seal.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 675
ORDER granting #663 BMC's Corrected motion for Leave to exceed page limit in its motion for judgment on partial findings, responses, replies, and arguments; terminating #662 Motion for Leave to File Excess Pages;(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 674
Exhibit List of Admitted Exhibits DX001 - DX746 by International Business Machines Corporation.(rguerrero, 4)
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Filing 673
Exhibit List of admitted exhibits PX001 - PX481 by BMC Software, Inc.(rguerrero, 4)
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Filing 672
Certification of Custody/Receipt for Withdrawal of Admitted Exhibits by attorney for BMC Software, Inc., International Business Machines Corporation(rguerrero, 4)
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Filing 671
Minute Entry for proceedings held before Judge Gray H Miller. DAY SEVEN of BENCH TRIAL held on 3/24/2022. Defendant renewed Fed. R. Civ. Proc. 52(c) motion for judgment on partial findings heard and taken under advisement. The court takes both plaintiff and defendants motion under advisement. Closing argument by plaintiff. Closing argument by defendant. Rebuttal argument by plaintiff. Bench trial concluded. Admitted exhibit lists to follow. Parties are to electronically file all admitted exhibits. For BMC: Sean Gorman, Chris Dodson, Kyle Mason, Drewe Edith Molin, Timothy R Geiger, Andrew Zeve, Jeffrey Oldham. For IBM: R. Paul Yetter, Reagan Simpson, Tim McConn, Rachel Elizabeth Epstein, Jaclyn Palmerson, Richard Irving Werder, Jr, Donald John Reinhard, II, Mario Gazzola, Wesley Hartman. (Court Reporter: H. Alcaraz) filed. (rguerrero, 4)
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Filing 670
SEALED DOCUMENT /IBM's Supplemental Objections to Testimony of Alan Ratliff by International Business Machines Corporation, filed. (Yetter, R)
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Filing 669
Unopposed MOTION to Seal IBM's Supplemental Objections to Testimony of Alan Ratliff by International Business Machines Corporation, filed. Motion Docket Date 4/13/2022. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 668
SEALED DOCUMENT BMC Software's Trial Brief on Standard for Fraudulent-Inducement Claim by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 667
MOTION to Seal Unopposed Motion for Leave to File BMC Software, Inc.'s Trial Brief on Standard for Fraudulent-Inducement Claim Under Seal by BMC Software, Inc., filed. Motion Docket Date 4/12/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 666
Minute Entry for proceedings held before Judge Gray H Miller. DAY SIX of BENCH TRIAL held on 3/22/2022. Defendants witness testimony heard and concluded from Christopher Gerardi. Defendant rests. Plaintiffs Fed. R. Civ. Proc. 52(c) motion for judgment on partial findings heard and taken under advisement. Plaintiff calls rebuttal witness: Kendyl Roman. Rebuttal witness excused. Court is adjourned for the day and bench trial to resume on Thursday, 3/24/22 at 9:00 a.m. Appearances: For BMC: Sean Gorman, Chris Dodson, Kyle Mason, Drewe Edith Molin, Timothy R Geiger, Andrew Zeve, Jeffrey Oldham. For IBM: R. Paul Yetter, Reagan Simpson, Tim McConn, Rachel Elizabeth Epstein, Jaclyn Palmerson, Richard Irving Werder, Jr, Donald John Reinhard, II, Mario Gazzola, Wesley Hartman. (Court Reporter: H. Alcaraz) filed. (rguerrero, 4)
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Filing 665
SEALED MOTION For Judgment on Partial Findings by BMC Software, Inc., filed. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Proposed Order) (Gorman, Sean)
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Filing 664
MOTION to Seal Unopposed Motion for Leave to File BMC Software, Inc.'s Motion for Judgment on Partial Findings Under Seal by BMC Software, Inc., filed. Motion Docket Date 4/11/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 663
Corrected MOTION for Leave to File Excess Pages by BMC Software, Inc., filed. Motion Docket Date 4/11/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 662
MOTION for Leave to File Excess Pages by BMC Software, Inc., filed. Motion Docket Date 4/11/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 661
MMinute Entry for proceedings held before Judge Gray H Miller. DAY FIVE of BENCH TRIAL held on 3/21/2022. Defendants witness testimony heard and concluded from John Sweetman. Court is adjourned for the day and bench trial to resume on Tuesday, 3/22/22 at 9:00 a.m. Appearances: For BMC: Sean Gorman, Chris Dodson, Kyle Mason, Drewe Edith Molin, Timothy R Geiger, Andrew Zeve. For IBM: R. Paul Yetter, Reagan Simpson, Tim McConn, Rachel Elizabeth Epstein, Jaclyn Palmerson, Richard Irving Werder, Jr, Donald John Reinhard, II, Mario Gazzola, Wesley Hartman. (Court Reporter: H. Alcaraz) filed. (rguerrero, 4)
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Filing 660
Minute Entry for proceedings held before Judge Gray H Miller. DAY FOUR of BENCH TRIAL held on 3/17/2022. Plaintiffs witness testimony heard from Alan Ratliff. Plaintiff rests. Defendants Fed. R. Civ. Proc. 52(c) motion for judgment on partial findings heard and taken under advisement. Defendants witness testimony heard from Guy Skinner. Court is adjourned for the day and bench trial to resume on Monday, 3/21/22 at 9:00 a.m. Appearances: For BMC: Sean Gorman, Chris Dodson, Kyle Mason, Drewe Edith Molin, Timothy R Geiger, Andrew Zeve. For IBM: R. Paul Yetter, Reagan Simpson, Tim McConn, Rachel Elizabeth Epstein, Jaclyn Palmerson, Richard Irving Werder, Jr, Donald John Reinhard, II, Mario Gazzola, Wesley Hartman. (Court Reporter: H. Alcaraz) filed. (rguerrero, 4)
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Filing 659
ORDER granting #658 IBM's Motion to Withdraw as Attorney. Attorney Emily McLemore Smith; John H. Chun and Guyon H Knight terminated.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 658
MOTION for John H. Chun, Emily Mclemore Smith and Guyon Knight to Withdraw as Attorney by International Business Machines Corporation, filed. Motion Docket Date 4/6/2022. (Attachments: #1 Affidavit Declaration of D. Reinhard, #2 Proposed Order)(Yetter, R)
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Filing 657
Minute Entry for proceedings held before Judge Gray H Miller. DAY THREE of BENCH TRIAL held on 3/16/2022. Defendants exhibit DX0744 offered and admitted. Testimony of plaintiffs witnesses Kevin McGuinn, Kendyl Roman, and Alan Ratliff heard. Court is adjourned for the day and bench trial to continue 3/17/22 at 9:00 a.m. Appearances: For BMC: Sean Gorman, Chris Dodson, Kyle Mason, Drewe Edith Molin, Timothy R Geiger, Andrew Zeve. For IBM: R. Paul Yetter, Reagan Simpson, Tim McConn, Rachel Elizabeth Epstein, Jaclyn Palmerson, Richard Irving Werder, Jr, Donald John Reinhard, II, Mario Gazzola, Wesley Hartman. (Court Reporter: H. Alcaraz) filed. (rguerrero, 4)
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Filing 656
BMC Software Inc.'s Amended Page/Line Designations for Deposition and Preliminary Injunction Hearing Testimony by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 655
Minute Entry for proceedings held before Judge Gray H Miller. DAY TWO of BENCH TRIAL held on 3/15/2022. Testimony of plaintiffs witness Raul Ah Chu, Brian Jones heard. Court is adjourned for the day and bench trial to continue 3/16/22 at 9:00 a.m. Appearances: For BMC: Sean Gorman, Chris Dodson, Kyle Mason, Drewe Edith Molin, Timothy R Geiger. For IBM: R. Paul Yetter, Tim McConn, Rachel Elizabeth Epstein, Richard Irving Werder, Jr, Donald John Reinhard, II, Mario Gazzola, Wes Hartman. (Court Reporter: H. Alcaraz)filed.(rguerrero, 4)
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Filing 654
ORDER granting #648 Motion for Wesley Hartman to Appear Pro Hac Vice.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 653
ORDER granting #647 Motion for Mario O. Gazzola to Appear Pro Hac Vice.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 652
ORDER granting #646 Motion for Leigha Empson to Appear Pro Hac Vice.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 651
ORDER granting #645 Motion for Jaclyn Palmerson to Appear Pro Hac Vice.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 650
Minute Entry for proceedings held before Judge Gray H Miller. Final Pretrial Conference held. DAY ONE of BENCH TRIAL held on 3/14/2022. Opening statements by plaintiff and defendant presented. All exhibits pre-admitted by agreement of the parties. Plaintiffs exhibits PX001-PX481 are admitted. Defendants exhibits DX001-DX742 are admitted. Testimony of plaintiffs witness Raul Ah Chu heard. Court is adjourned for the day and bench trial to continue 3/15/22 at 9:00 a.m. Appearances: For BMC: Sean Gorman, Chris Dodson, Kyle Mason, Drewe Edith Molin, Timothy R Geiger. For IBM: R Paul Yetter, Tim McConn, Rachel Elizabeth Epstein, Richard Irving Werder, Jr, Marlo A. Pecora, Donald John Reinhard, II. (Court Reporter: H. Alcaraz)(rguerrero, 4)
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Filing 649
NOTICE of Appearance by Drewe E. Molin on behalf of BMC Software, Inc., filed. (Molin, Drewe)
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Filing 648
MOTION for Wesley Hartman to Appear Pro Hac Vice by International Business Machines Corporation, filed. Motion Docket Date 4/4/2022. (Yetter, R)
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Filing 647
MOTION for Mario O. Gazzola to Appear Pro Hac Vice by International Business Machines Corporation, filed. Motion Docket Date 4/4/2022. (Yetter, R)
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Filing 646
MOTION for Leigha Empson to Appear Pro Hac Vice by International Business Machines Corporation, filed. Motion Docket Date 4/4/2022. (Yetter, R)
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Filing 645
MOTION for Jaclyn Palmerson to Appear Pro Hac Vice by International Business Machines Corporation, filed. Motion Docket Date 4/4/2022. (Yetter, R)
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Filing 644
OBJECTIONS /IBM's Second Amended Objections to BMC Counter-Designations, filed by International Business Machines Corporation. (Yetter, R)
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Filing 643
OBJECTIONS /IBM's Second Amended Objections to BMC Afirmative Designations, filed by International Business Machines Corporation. (Yetter, R)
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Filing 642
BMCS SECOND AMENDED OBJECTIONS AND COUNTER-DESIGNATIONS TO IBMS AFFIRMATIVE DESIGNATIONS by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 641
BMCS AMENDED OBJECTIONS AND COUNTER-DESIGNATIONS TO IBMS AFFIRMATIVE DESIGNATIONS by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 640
BMC Software Inc.'s Amended Page/Line Designations for Deposition and Preliminary Injunction Hearing Testimony by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 639
Amended Exhibit List by BMC Software, Inc.(Gorman, Sean)
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Filing 638
OBJECTIONS /IBM's Second Amended Objections to BMC's Amended Exhibit List, filed by International Business Machines Corporation. (Yetter, R)
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Filing 637
OBJECTIONS BMC's Objections to IBM's Trial Exhibit List, filed by BMC Software, Inc.. (Gorman, Sean)
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Filing 636
OBJECTIONS BMC's Amended Objections and Counter-Designations to IBM's Affirmative Designations, filed by BMC Software, Inc.. (Gorman, Sean)
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Filing 635
Amended Exhibit List by International Business Machines Corporation(Yetter, R)
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Filing 634
OBJECTIONS /IBM's Objections to BMC Trial Exhibits, filed by International Business Machines Corporation. (Yetter, R)
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Filing 633
OBJECTIONS /IBM's Amended Objections to BMC Counter-designations, filed by International Business Machines Corporation. (Yetter, R)
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Filing 632
OBJECTIONS IBM Amended Objections to BMC Affirmative Designations, filed by International Business Machines Corporation. (Yetter, R)
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Filing 631
NOTICE of Appearance by Matthew J. Reasoner on behalf of BMC Software, Inc., filed. (Reasoner, Matthew)
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Filing 630
NOTICE of Appearance by Cole A. Thoms on behalf of BMC Software, Inc., filed. (Thoms, Cole)
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Filing 629
NOTICE of Appearance by Walter A. Simons on behalf of BMC Software, Inc., filed. (Simons, Walter)
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Filing 628
BMC Software Inc.'s Amended Page/Line Designations for Deposition and Preliminary Injunction Hearing Testimony by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 627
Amended Exhibit List by BMC Software, Inc.(Gorman, Sean)
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Filing 626
REDACTION to #612 Sealed Document, by BMC Software, Inc., filed. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Gorman, Sean)
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Filing 625
ORDER granting #620 IBM's Unopposed Motion for Leave to File Under Seal Its Objections to BMC's Designated Testimony of Alan Ratliff and Kendyl Roman. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 624
ORDER granting #618 Unopposed Motion for Leave to File BMC's Objections ad Renewed Motion to Exclude the Expert Opinions of Barry Graham Under Seal. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 623
ORDER granting #616 Motion for Leave to File BMC's Objections and Renewed Motion to Exclude the Expert Opinions of Bruce V. Hartley Under Seal. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 622
SEALED DOCUMENT /Defendant IBM's Objections to BMC's Designated Testimony of Kendyl Roman by International Business Machines Corporation, filed. (Attachments: #1 Exhibit 10, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 19, #6 Exhibit 20, #7 Exhibit 21, #8 Exhibit 25, #9 Exhibit 26, #10 Exhibit 29, #11 Exhibit 33) (Yetter, R)
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Filing 621
SEALED DOCUMENT /Defendant IBM's Objections to BMC's Designated Testimony of Alan Ratliff by International Business Machines Corporation, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 6, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 13, #9 Exhibit 14) (Yetter, R)
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Filing 620
Unopposed MOTION to Seal Defendant IBM's Objections to BMC's Designated Testimony of Alan Ratliff and Kendyl Roman by International Business Machines Corporation, filed. Motion Docket Date 3/29/2022. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 619
SEALED MOTION BMC's Objections and Renewed Motion to Exclude the Expert Opinions of Barry Graham by BMC Software, Inc., filed. (Attachments: #1 Proposed Order) (Gorman, Sean)
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Filing 618
MOTION to Seal BMC's Unopposed Motion for Leave to File BMC's Objections and Renewed Motion to Exclude the Expert Opinions of Barry Graham Under Seal by BMC Software, Inc., filed. Motion Docket Date 3/29/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 617
SEALED MOTION BMC's Objections and Renewed Motion to Exclude the Expert Opinions of Bruce V. Hartley by BMC Software, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Gorman, Sean)
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Filing 616
MOTION to Seal BMC's Unopposed Motion for Leave to File BMC's Objections and Renewed Motion to Exclude the Expert Opinions of Bruce V. Hartley Under Seal by BMC Software, Inc., filed. Motion Docket Date 3/29/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 615
OBJECTIONS /IBM's Objections to BMC's Exhibit List and Deposition Designations, filed by International Business Machines Corporation. (Attachments: #1 Exhibit A, #2 Exhibit E, #3 Exhibit F)(Yetter, R)
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Filing 614
OBJECTIONS and Counter-Designations to IBM's Affirmative Designations, filed by BMC Software, Inc.. (Gorman, Sean)
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Filing 613
OBJECTIONS to IBM's Trial Exhibit List, filed by BMC Software, Inc.. (Gorman, Sean)
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Filing 612
SEALED DOCUMENT Joint Pretrial Order by BMC Software, Inc., filed. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Gorman, Sean)
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Filing 611
ORDER granting #610 Joint Motion to Seal the Joint Pretrial Order.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 610
Joint MOTION to Seal the Joint Pretrial Order by International Business Machines Corporation, filed. Motion Docket Date 3/25/2022. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 609
ORDER granting #608 Motion for Leave to File Excess Pages. Each partys Trial Memorandum of Law shall not exceed 50 pages, excluding any exhibits, declarations, appendices, or other ancillary papers. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 608
Joint MOTION for Leave to File Excess Pages by BMC Software, Inc., filed. Motion Docket Date 3/24/2022. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 607
NOTICE of Appearance by Andrew W. Zeve on behalf of BMC Software, Inc., filed. (Zeve, Andrew)
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Filing 606
Agreed Amended Scheduling Order granting #605 Joint MOTION Leave to Amend the Scheduling Order.(Pltf Expert Report due by 3/4/2022, Deft Expert Report due by 3/4/2022, Objections due by 3/8/2022)(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 605
Joint MOTION Leave to Amend the Scheduling Order by International Business Machines Corporation, filed. Motion Docket Date 3/18/2022. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 604
Trial Scheduling Order. The court will host a pre-trial conference in this case at 9:00 a.m. on March 14, 2022, with trial commencing directly thereafter. Trial will run from Monday, March 14, 2022, through Thursday, March 24, 2022, 9:00 a.m. to 6:00 p.m.; no proceedings will be held on Friday, March 18, 2022. The court will offer short breaks during the morning and afternoon, and a forty-five-minute lunch break. The deadlines outlined in the courts pre-trial scheduling order (Dkt. 592) remain in effect(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 603
ORDER clarifying prior decision order and outlining the remaining issues (Docket entry no. 586)(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 602
REDACTION to #597 Sealed Document by International Business Machines Corporation, filed.(Yetter, R)
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Filing 601
RESPONSE to #597 Sealed Document BMC Software, Inc.'s Response to Defendant IBM's Pretrial Brief on Remaining Issues to be Tried, filed by BMC Software, Inc.. (Gorman, Sean)
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Filing 600
RESPONSE to #598 Memorandum /Defendant IBM's Response to BMC Brief on Remaining Issues for Trial, filed by International Business Machines Corporation. (Yetter, R)
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Filing 599
ORDER granting #596 Motion to File Pretrial Brief Seal.(Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 598
MEMORANDUM on Remaining Issues to be Tried by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 597
SEALED DOCUMENT /Defendant IBM's Pretrial Brief on Remaining Issues for Trial by International Business Machines Corporation, filed. (Yetter, R)
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Filing 596
Unopposed MOTION to Seal IBM's Pretrial Brief on Remaining Issues for TrialMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 2/4/2022. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 595
Notice of Filing of Official Transcript as to #594 Transcript. Party notified, filed. (hcarr, 4)
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Filing 594
TRANSCRIPT re: Status Conference held on 12/17/21 before Judge Gray H Miller. Court Reporter Heather Alcaraz. Ordering Party Sean Gorman. Release of Transcript Restriction set for 3/28/2022, filed. (halcaraz, )
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Filing 593
AO 435 TRANSCRIPT REQUEST by Steven Vacek for Transcript of Status Conference, 12/17/2021, Judge Gray H Miller. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (BrendaLacy, 4)
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Filing 592
SCHEDULING ORDER Memoranda of Law due by 1/14/2022. Responses due by 1/24/2022. Pltf Expert Witness List due by 2/28/2022. Deft Expert Witness List due by 2/28/2022. Joint Pretrial Order due by 3/4/2022. Pretrial Conference set for 3/14/2022 at 09:00 AM in Courtroom 9D before Judge Gray H Miller. Trial will commence immediately thereafter. (Signed by Judge Gray H Miller) Parties notified.(ShoshanaArnow, 4)
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Filing 591
AO 435 TRANSCRIPT REQUEST by BMC Software, Inc./Sean Gorman for Transcript of Status Conference held on December 17, 2021 before Hon. Gray H. Miller. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (Gorman, Sean)
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Minute Entry for proceedings held before Judge Gray H Miller. STATUS CONFERENCE held on 12/17/2021. Scheduling Order to follow. Appearances: Christopher Lee Dodson, Sean R D Gorman, R Paul Yetter, Richard Irving Werder, Jr.(Court Reporter: H. Alcaraz), filed.(ShoshanaArnow, 4)
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Filing 590
NOTICE of Resetting. Parties notified. Telephone Conference set for 12/17/2021 at 10:30 AM by telephone before Judge Gray H Miller, filed. (rguerrero, 4)
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12/3/21 10:00 Telephone Conference is terminated. Phone conference will be reset at a later date. (rguerrero, 4)
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Filing 589
NOTICE of Setting. Parties notified. Telephone Conference set for 12/3/2021 at 10:00 AM by telephone before Judge Gray H Miller, filed. Dial In:713-250-5707, Conf ID: 45707, PW: 13579 (rguerrero, 4)
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Filing 588
STATUS REPORT by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 587
ORDER. To prepare this case for trial, the parties are ORDERED to submit a joint status report by October 29, 2021, addressing the remaining issues to be tried; and how long the parties anticipate needing for trial. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 586
MEMORANDUM OPINION AND ORDER adopting in part #561 Memorandum and Recommendation regarding #385 SEALED MOTION BMC's Motion for Partial Summary Judgment on Construction of Damage Limitations Provisions, #387 SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Affirmative Defenses, #391 SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer Provision, #381 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Outsourcing Attachment Sections 1.1 and 5.4, #396 SEALED MOTION for Summary Judgment on BMC's Claims, #394 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Contract Counterclaim (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 585
BRIEF REDACTION to 580 Sealed Response by IBM to BMC's Objections to the June 7 2021 Memorandum and Recommendation by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 584
REDACTION to #577 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 583
ORDER granting #576 Motion to Seal BMC's Response to IBM's Objections to the June 7, 2021 Memorandum and Recommendation..(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 582
ORDER granting #578 Motion for Leave to File Excess Pages.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 581
ORDER granting to seal #580 IBM's Response to BMC's Objection to the June 7, 2021 Memorandum and Recommendation.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 580
SEALED RESPONSE to BMC's Objections to the June 7 2021 Memorandum and Recommendation by International Business Machines Corporation, filed. (Epstein, Rachel)
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Filing 579
Unopposed MOTION to Seal IBM's Response to BMC's Objection to the Memorandum & RecommendationMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 8/23/2021. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 578
Joint MOTION for Leave to File Excess PagesMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 8/23/2021. (Attachments: #1 Proposed Order Granting Leave to Exceed Page Limit)(Epstein, Rachel)
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Filing 577
SEALED RESPONSE to IBM's Objections to the June 7 2021 Memorandum and Recommendation by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 576
Unopposed MOTION to Seal Response to IBM's Objections to the Memorandum & RecommedationMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 8/23/2021. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 575
REDACTION to #567 Sealed Document by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 574
REDACTION to #569 Sealed Document by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 573
MEMORANDUM OPINION AND ORDER denying #476 SEALED MOTION to Exclude the Expert Opinions of Bruce V. Hartley #481 SEALED MOTION to Exclude the Expert Opinions of Paul C. Pinto #487 SEALED MOTION to Exclude the Expert Opinions of Richard J. Gilbert #482 SEALED MOTION IBM's Motion to Exlude the Testimony of Alan Ratliff, #484 SEALED MOTION to Exclude the Expert Opinions of Christopher Gerardi, #488 SEALED MOTION IBM's Motion to Exclude the Testimony fo Kendyl Roman, #478 SEALED MOTION to Exclude the Expert Opinions of Barry Graham. The parties must submit to the court each specific expert opinion they intend to offer at trial along with the specific finding of fact or conclusion of law each experts opinion is offered to support or reject fourteen days in advance of the pre-trial conference. The opposing side will have seven days to make a specific objection to each specific opinion to be offered at trial. (Signed by Judge Gray H Miller) Parties notified.(rguerrero, 4)
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Filing 572
ORDER granting #566 Motion to Seal.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 571
ORDER granting #568 Motion to Seal.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 570
ORDER granting #565 Motion for Leave to File Excess Pages.(Signed by CR Houston) Parties notified.(cjan, 4)
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Filing 569
SEALED DOCUMENT Objections to June 7, 2021 Memorandum and Recommendation by International Business Machines Corporation, filed. (Epstein, Rachel)
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Filing 568
Unopposed MOTION to Seal IBM's Objections to the June 7, 2021 Memorandum & RecommendationMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 7/26/2021. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 567
SEALED DOCUMENT Objections to Memorandum and Recommendation by BMC Software, Inc., filed. (Attachments: #1 Exhibit A, #2 Proposed Order) (Gorman, Sean)
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Filing 566
MOTION to Seal BMC_Objections_to_Memorandum and RecommendationMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 7/26/2021. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 565
Joint MOTION for Leave to File Excess PagesMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 7/26/2021. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 564
Mail Returned Undeliverable as to attorney Guyon H Knight as to International Business Machines Corporation re: #561 Memorandum and Recommendations,,,, filed. (dnoriega, 1)
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Filing 563
ORDER granting #562 Motion for Extension of Time. Objections, if any, to the M and R shall be filed on or before July 5, 2021 and responsive briefs, if any, shall be filed on or before August 2, 2021..(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 562
Joint MOTION for Extension of Time DeadlinesMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 7/6/2021. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 561
MEMORANDUM AND RECOMMENDATIONS. It is recommended that the following motions be granted in part and denied in part: re #391 SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer Provision, #387 SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Affirmative Defenses, #381 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Outsourcing Attachment Sections 1.1 and 5.4, #396 SEALED MOTION for Summary Judgment on BMC's Claims, #385 SEALED MOTION BMC's Motion for Partial Summary Judgment on Construction of Damage Limitations Provisions, #394 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Contract Counterclaim Objections to M&R due by 6/21/2021(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 560
ORDER granting in part and denying in part #557 Sealed Motion for Leave to File Supplemental Appendix. The Court denies the Request for Status Conference.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 559
ORDER granting #556 Motion to Seal.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 558
REDACTION to #557 Opposed SEALED MOTION for Leave to File Supplemental Appendix in Support of BMC's Response to IBM's Motion for Summary Judgment and Request for Status Conference by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 557
Opposed SEALED MOTION for Leave to File Supplemental Appendix in Support of BMC's Response to IBM's Motion for Summary Judgment and Request for Status Conference by BMC Software, Inc., filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order) (Gorman, Sean)
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Filing 556
Unopposed MOTION to Seal Motion for Leave to File Supplemental Appendix in Support of BMC's Response to IBM's Motion for Summary Judgment and Request for Status ConferenceMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 5/17/2021. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 555
ORDER denying #407 Sealed Motion. Plaintiff BMCs Renewed Motion to Compel Evidence Withheld as Privileged.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 554
Alternative Dispute Resolution Questionnaire provided to all parties of record, filed. (ccassadyadi, 4)
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Filing 553
Alternative Dispute Resolution Memorandum; case Did not settle, filed.(sjones, 4)
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Filing 552
ORDER in re: #429 SEALED DOCUMENT BMC's correspondence to the Court. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 551
ORDER in re: #429 (Sealed Document) BMC's Correspondence to the Court (Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 550
Mail Returned Undeliverable as to attorney Guyon H Knightre: #548 Order on Motion to Seal, filed. An updated address could not be found. (JosephWells, 4)
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Filing 549
REDACTION to #448 Transcript, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 548
ORDER granting #540 Unopposed MOTION to Seal Transcript of the September 4, 2020 Telephonic Conference, Dkt. No. 448. The transcript shall be sealed. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(sanderson, 4)
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Filing 547
REDACTION to #536 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 546
REDACTION to #534 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 545
REDACTION to #532 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 544
REDACTION to #530 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 543
REDACTION to #528 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 542
REDACTION to #538 Sealed Response, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 541
REDACTION to #537 Sealed Response by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 540
Unopposed MOTION to Seal Transcript of the September 4, 2020 Telephonic Conference, Dkt. No. 448Motions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 12/30/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 539
ORDER granting #525 Motion to Seal; granting #526 Motion to Seal; granting #527 Motion to Seal; granting #529 Motion to Seal; granting #531 Motion to Seal; granting #533 Motion to Seal; granting #535 Motion to Seal.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 538
SEALED REPLY in Support re: #482 SEALED MOTION /IBM's Motion to Exlude the Testimony of Alan Ratliff by International Business Machines Corporation, filed. (Attachments: #1 Affidavit Declaration of Rachel E. Epstein, #2 Exhibit Exhibit 13, #3 Exhibit Exhibit 14, #4 Exhibit Exhibit 15, #5 Exhibit Exhibit 16) (Epstein, Rachel)
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Filing 537
SEALED REPLY in Support re: #488 SEALED MOTION /IBM's Motion to Exclude the Testimony fo Kendyl Roman by International Business Machines Corporation, filed. (Epstein, Rachel)
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Filing 536
SEALED REPLY in Support re: #484 SEALED MOTION to Exclude the Expert Opinions of Christopher Gerardi by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 535
Unopposed MOTION to Seal BMC's Reply in Support of its Motion to Exclude the Expert Opinions of Christopher GerardiMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 12/16/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 534
SEALED REPLY in Support re: #487 SEALED MOTION to Exclude the Expert Opinions of Richard J. Gilbert by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 533
Unopposed MOTION to Seal BMC's Reply in Support of its Motion to Exclude the Expert Opinions of Richard J. GilbertMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 12/16/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 532
SEALED REPLY in Support re: #478 SEALED MOTION to Exclude the Expert Opinions of Barry Graham by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 531
Unopposed MOTION to Seal BMC's Reply in Support of its Motion to Exclude the Expert Opinions of Barry GrahamMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 12/16/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 530
SEALED REPLY in Support re: #481 SEALED MOTION to Exclude the Expert Opinions of Paul C. Pinto by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 529
Unopposed MOTION to Seal BMC's Reply in Support of its Motion to Exclude the Expert Opinions of Paul C. PintoMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 12/16/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 528
SEALED REPLY in Support re: #476 SEALED MOTION to Exclude the Expert Opinions of Bruce V. Hartley by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 527
Unopposed MOTION to Seal BMC's Reply in Support of its Motion to Exclude the Expert Opinions of Bruce V. HartleyMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 12/16/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 526
Unopposed MOTION to Seal IBM's Reply in Support of Motion to Exclude Testimony of Alan RatliffMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 12/16/2020. (Attachments: #1 Proposed Order to File Under Seal)(Epstein, Rachel)
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Filing 525
Unopposed MOTION to Seal IBM's Reply in Support of Motion to Exclude Testimony of Kendyl RomanMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 12/16/2020. (Attachments: #1 Proposed Order to File Under Seal)(Epstein, Rachel)
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Filing 524
REDACTION to #514 Sealed Response, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 523
REDACTION to #513 Sealed Response,, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 522
REDACTION to #512 Sealed Response, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 521
REDACTION to #507 Sealed Response, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 520
REDACTION to #506 Sealed Response, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 519
REDACTION to #509 Sealed Response,, by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 518
REDACTION to #511 Sealed Response,, by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 517
ORDER for Mediation - the parties must participate in a mediation before Ret. Magistrate Judge Nancy K. Johnson within 60 days of entry of this Order. The mediation may be held in person or by videoconference. A person authorized to to agree to settlement terms must attend for each party. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 516
ORDER granting #501 Motion to Seal Response; granting #502 Motion to Seal Response; granting #503 Motion to Seal Response; granting #504 Motion to Seal Response; granting #505 Motion to Seal Response; granting #508 Motion to Seal Response; granting #510 Motion to Seal Response. The documents referenced in the motions will be filed under seal. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(sanderson, 4)
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Filing 515
ORDER granting #500 Motion for Leave to File Excess Page Limit. Each partys cumulative total briefing in opposition to pending Daubert motions shall not exceed 140 pages, excluding exhibits, declarations, appendices, or table of authorities or contents. Each parties reply briefs in support of its Daubert motions shall not exceed 10 pages per brief. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(sanderson, 4)
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Filing 514
SEALED RESPONSE /IBM's Opposition to BMC's Motion to Exclude the Expert Opinions of Barry Graham re: #478 SEALED MOTION to Exclude the Expert Opinions of Barry Graham by International Business Machines Corporation, filed. (Epstein, Rachel)
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Filing 513
SEALED RESPONSE /IBM's Opposition to BMC's Motion to Exclude the Expert Opinions of Paul C. Pinto re: #481 SEALED MOTION to Exclude the Expert Opinions of Paul C. Pinto by International Business Machines Corporation, filed. (Attachments: #1 Affidavit Declaration of Rachel E. Epstein, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10) (Epstein, Rachel)
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Filing 512
SEALED RESPONSE /IBM's Opposition to BMC's Motion to Exclude the Expert Opinions of Bruce V. Hartley re: #476 SEALED MOTION to Exclude the Expert Opinions of Bruce V. Hartley by International Business Machines Corporation, filed. (Attachments: #1 Affidavit Declaration of Marlo A. Pecora, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Epstein, Rachel)
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Filing 511
SEALED RESPONSE in Opposition re: #488 SEALED MOTION /IBM's Motion to Exclude the Testimony fo Kendyl Roman by BMC Software, Inc., filed. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T) (Gorman, Sean)
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Filing 510
Unopposed MOTION to Seal BMC's Response in Opposition to IBM's Motion to Exclude Testimony of Kendyl RomanMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 12/3/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 509
SEALED RESPONSE in Opposition re: #482 SEALED MOTION /IBM's Motion to Exlude the Testimony of Alan Ratliff by BMC Software, Inc., filed. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V) (Gorman, Sean)
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Filing 508
Unopposed MOTION to Seal BMC's Response in Opposition to IBM's Motion to Exclude Testimony of Alan RatliffMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 12/3/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 507
SEALED RESPONSE /IBM's Opposition to BMC's Motion to Exclude the Expert Opinions of Richard Gilbert re: #487 SEALED MOTION to Exclude the Expert Opinions of Richard J. Gilbert by International Business Machines Corporation, filed. (Attachments: #1 Affidavit Declaration of Rachel E. Epstein, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Epstein, Rachel)
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Filing 506
SEALED RESPONSE /IBM's Opposition to BMC's Motion to Exclude the Expert Opinions of Christopher Gerardi re: #484 SEALED MOTION to Exclude the Expert Opinions of Christopher Gerardi by International Business Machines Corporation, filed. (Attachments: #1 Affidavit Declaration of Donald Reinhard, #2 Exhibit 1, #3 Exhibit 2) (Epstein, Rachel)
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Filing 505
MOTION to Seal IBM's Unopposed Motion for Leave to File Its Opposition to BMC's Motion to Exclude the Expert Opinions of Richard J. Gilbert Under SealMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 12/3/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 504
Unopposed MOTION to Seal IBM's Unopposed Motion for Leave to File Its Opposition to BMC's Motion to Exclude the Expert Opinions of Paul C. Pinto Under SealMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 12/3/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 503
Unopposed MOTION to Seal IBM's Unopposed Motion for Leave to File Its Opposition to BMC's Motion to Exclude the Expert Opinions of Christopher Gerardi Under SealMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 12/3/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 502
Unopposed MOTION to Seal IBM's Unopposed Motion for Leave to File Its Opposition to BMC's Motion to Exclude the Expert Opinions of Bruce V. Hartley Under SealMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 12/3/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 501
Unopposed MOTION to Seal IBM's Unopposed Motion for Leave to File Its Opposition to BMC's Motion to Exclude the Expert Opinions of Barry GrahamMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 12/3/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 500
Joint MOTION for Leave to File Excess PagesMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 12/3/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 499
REDACTION to #488 SEALED MOTION /IBM's Motion to Exclude the Testimony fo Kendyl Roman by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 498
REDACTION to #482 SEALED MOTION /IBM's Motion to Exlude the Testimony of Alan Ratliff by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 497
REDACTION to #487 SEALED MOTION to Exclude the Expert Opinions of Richard J. Gilbert by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 496
REDACTION to #484 SEALED MOTION to Exclude the Expert Opinions of Christopher Gerardi by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 495
REDACTION to #481 SEALED MOTION to Exclude the Expert Opinions of Paul C. Pinto by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 494
REDACTION to #478 SEALED MOTION to Exclude the Expert Opinions of Barry Graham by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 493
REDACTION to #476 SEALED MOTION to Exclude the Expert Opinions of Bruce V. Hartley by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 492
ORDER granting #490 Motion for Extension of Time.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 491
***The 2/26/2021 docket call and all remaining deadlines are CANCELLED pending a ruling on the outstanding motions. Parties notified.(rkonieczny, 4)
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Filing 490
Joint MOTION for Extension of Time Motions referred to Christina A Bryan. by BMC Software Finance, Inc., filed. Motion Docket Date 11/13/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 489
ORDER granting #474 Motion for Leave to File Excess Pages. Each parties cumulative total briefing on Daubert motions shall not exceed 140 pages, excluding any exhibits, declarations, appendices, or tables of authorities or contents. ORDER granting #475 Motion to Seal; granting #477 Motion to Seal; granting #479 Motion to Seal; granting #480 Motion to Seal; granting #483 Motion to Seal; granting #485 Motion to Seal; granting #486 Motion to Seal. The documents referenced in the motions will be filed under seal. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(sanderson, 4)
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Filing 488
SEALED MOTION /IBM's Motion to Exclude the Testimony fo Kendyl Roman by International Business Machines Corporation, filed. (Attachments: #1 Affidavit Declaration of Rachel E. Epstein, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Appendix A, #37 Proposed Order) (Epstein, Rachel)
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Filing 487
SEALED MOTION to Exclude the Expert Opinions of Richard J. Gilbert by BMC Software, Inc., filed. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Proposed Order) (Gorman, Sean)
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Filing 486
Unopposed MOTION to Seal BMC's Motion to Exclude the Expert Opinions of Richard J. GilbertMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 11/5/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 485
Unopposed MOTION to Seal IBM's Motion to Exclude the Testimony of Kendyl RomanMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 11/5/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 484
SEALED MOTION to Exclude the Expert Opinions of Christopher Gerardi by BMC Software, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order) (Gorman, Sean)
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Filing 483
Unopposed MOTION to Seal BMC's Motion to Exclude the Expert Opinions of Christopher GerardiMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 11/5/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 482
SEALED MOTION /IBM's Motion to Exlude the Testimony of Alan Ratliff by International Business Machines Corporation, filed. (Attachments: #1 Affidavit Declaration of Rachel E. Epstein, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Proposed Order) (Epstein, Rachel)
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Filing 481
SEALED MOTION to Exclude the Expert Opinions of Paul C. Pinto by BMC Software, Inc., filed. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Proposed Order) (Gorman, Sean)
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Filing 480
Unopposed MOTION to Seal IBM's Motion to Exclude the Testimony of Alan RatliffMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 11/5/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 479
Unopposed MOTION to Seal BMC's Motion to Exclude the Expert Opinions of Paul C. PintoMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 11/5/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 478
SEALED MOTION to Exclude the Expert Opinions of Barry Graham by BMC Software, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order) (Gorman, Sean)
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Filing 477
Unopposed MOTION to Seal BMC's Motion to Exclude the Expert Opinions of Barry GrahamMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 11/5/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 476
SEALED MOTION to Exclude the Expert Opinions of Bruce V. Hartley by BMC Software, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Gorman, Sean)
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Filing 475
Unopposed MOTION to Seal BMC's Motion to Exclude the Expert Opinions of Bruce V. HartleyMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 11/5/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 474
Joint MOTION for Leave to File Excess PagesMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 11/5/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 473
NOTICE of Appearance by Kyle A. Mason on behalf of BMC Software, Inc., filed. (Mason, Kyle)
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Filing 472
REDACTION to #465 Sealed Response, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 471
REDACTION to #462 Sealed Response, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 470
REDACTION to #460 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 469
REDACTION to #458 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 468
REDACTION to #456 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 467
REDACTION to #454 Sealed Response by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 466
ORDER granting #453 Motion to Seal; granting #455 Motion to Seal; granting #457 Motion to Seal; granting #459 Motion to Seal; granting #461 Motion to Seal; granting #464 Motion to Seal.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 465
SEALED REPLY /IBM's Reply in Further Support of its Motion for Summary Judgment on BMC's Claims re: #396 SEALED MOTION for Summary Judgment on BMC's Claims by International Business Machines Corporation, filed. (Attachments: #1 Exhibit A, #2 Exhibit B) (Epstein, Rachel)
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Filing 464
Unopposed MOTION to Seal IBM's Reply on its Motion for Summary Judgment on BMC's ClaimsMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 10/8/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 463
SEALED EXHIBITS /IBM's Notice of Filing Exhibits to its Reply on its Motion for Partial Summary Judgment on IBM's Counterclaim re: #462 Sealed Response, #394 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Contract Counterclaim by International Business Machines Corporation, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Epstein, Rachel)
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Filing 462
SEALED REPLY /IBM's Reply In Further Support of Its Motion for Partial Summary Judgment on IBM's Breach of Contract Counterclaim re: #394 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Contract Counterclaim by International Business Machines Corporation, filed. (Epstein, Rachel)
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Filing 461
Unopposed MOTION to Seal IBM's Reply In Further Support of Its Motion for Partial Summary Judgment on IBM's Breach of Contract CounterclaimMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 10/8/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 460
SEALED REPLY in Support of re: #387 SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Affirmative Defenses by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 459
Unopposed MOTION to Seal Reply in Support of Motion for Partial Summary Judgment on IBM's Affirmative DefensesMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 10/8/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 458
SEALED REPLY in Support of re: #385 SEALED MOTION BMC's Motion for Partial Summary Judgment on Construction of Damage Limitations Provisions by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 457
Unopposed MOTION to Seal Reply in Support of Motion for Partial Summary Judgment on Construction of Damages Limitations ProvisionsMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 10/8/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 456
SEALED REPLY in Support of re: #391 SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer Provision by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 455
Unopposed MOTION to Seal Reply in Support of Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer ProvisionMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 10/8/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 454
SEALED REPLY in Support of re: #381 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Outsourcing Attachment Sections 1.1 and 5.4 by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 453
Unopposed MOTION to Seal Reply in Support of Motion for Partial Summary Judgment on Breach of Outsourcing Attachment Sections 1.1 and 5.4Motions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 10/8/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 452
ORDER granting #451 Motion for Leave to File Excess Pages.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 451
Joint MOTION for Leave to File Excess PagesMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 10/7/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 450
BMC letter to Judge Bryan by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 449
Notice of Filing of Official Transcript as to #448 Transcript,. Party notified, filed. (dhansen, 4)
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Filing 448
TRANSCRIPT re: Telephonic Conference Re: Discovery Dispute held on September 4, 2020 before Magistrate Judge Christina A Bryan. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Sean Gorman Release of Transcript Restriction set for 12/10/2020., filed. (mahenry, ) SEALED pursuant to #548 Order of Court
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Filing 447
AMENDED SCHEDULING ORDER. The deadline for filing Daubert motions is extended until October 15, 2020. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 446
REDACTION to #428 Sealed Response, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 445
REDACTION to #422 Sealed Response, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 444
REDACTION to #424 Sealed Response,, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 443
REDACTION to #420 Sealed Response, by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 442
REDACTION to #418 Sealed Response, by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 441
REDACTION to #416 Sealed Response,, by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 440
AO 435 TRANSCRIPT REQUEST by Steven C. Vacek for Transcript of 9/4/2020, hearing, Judge Christina Bryan. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (mmapps, 4) Copy Request electronically forwarded to Judicial Transcribers of Texas on September 8, 2020. Estimated completion date: September 11, 2020. Modified on 9/8/2020 (ClaudiaGutierrez, 4).
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Filing 439
AO 435 TRANSCRIPT REQUEST by BMC Software/Sean Gorman for Transcript of Telephonic hearing, September 4, 2020 before Hon. Christina A. Bryan. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean) Electronically forwarded to Judicial Transcribers of Texas on September 8, 2020. Estimated completion date: September 11, 2020. Modified on 9/8/2020 (ClaudiaGutierrez, 4).
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Filing 438
ORDER relating to discovery disputes raised by #429 SEALED DOCUMENT BMC's correspondence to the Court by BMC Software and telephone hearing held on 9/4/2020.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 437
SEALED DOCUMENT BMC's correspondence to the Court in support of Dkt 429 by BMC Software, Inc., filed. (Gorman, Sean)
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Minute Entry for proceedings held before Magistrate Judge Christina A Bryan. TELEPHONE CONFERENCE held on 9/4/2020. Hearing held on parties' letters (Discovery disputes and remaining issues) to the Court. IBM to produce documents for in camera review. Further hearings to be set. Appearances: Rachel Elizabeth Epstein, Elizabeth Frances Eoff, Christopher Lee Dodson, Sean R D Gorman, Marlo A. Pecora, Donald John Reinhard, II.(ERO:R. Castro), filed.(cjan, 4)
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Filing 436
NOTICE of Resetting. Parties notified. Telephone Conference (letter to the court and status of outstanding issues) set for 9/4/2020 at 11:00 AM by telephone before Magistrate Judge Christina A Bryan, filed. (TIME CHANGE ONLY) (cjan, 4) Modified on 9/3/2020 (cjan, 4).
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Filing 435
Renewed SEALED REPLY in Support re: #407 Renewed SEALED MOTION to Compel Evidence Withheld as Privileged by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 434
ORDER granting #432 Motion to Seal.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 433
SEALED RESPONSE IBMs Opposition to BMCs re: #407 Renewed SEALED MOTION to Compel Evidence Withheld as Privileged by International Business Machines Corporation, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30) (Epstein, Rachel)
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Filing 432
Unopposed MOTION to Seal IBM'S Opposition to BMC'S Renewed Motion to Compel Under SealMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 9/21/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 431
Correspondence to the Court re: BMCs Renewed Motion to Compel Evidence Withheld as Privileged (Dkt. 407) by International Business Machines Corporation, filed.(Epstein, Rachel)
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Filing 430
SEALED DOCUMENT Response to BMCs Pre-Motion Conference Letter at Docket Entry 429. by International Business Machines Corporation, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Epstein, Rachel)
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Filing 429
SEALED DOCUMENT BMC's correspondence to the Court by BMC Software, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Gorman, Sean)
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Filing 428
Corrected SEALED RESPONSE /IBM's Corrected Opposition to BMC's Motion for Partial Summary Judgment on Breach of Outsourcing Attachment Sections 1.1 and 5.4 re: #381 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Outsourcing Attachment Sections 1.1 and 5.4, #426 Sealed Response,, by International Business Machines Corporation, filed. (Epstein, Rachel)
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Filing 427
ORDER granting #415 Motion to Seal; granting #417 Motion to Seal; granting #419 Motion to Seal; granting #421 Motion to Seal; granting #423 Motion to Seal; granting #425 Motion to Seal.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 426
SEALED RESPONSE /IBM's Opposition to BMC's Motion for Partial Summary Judgment on Breach of Outsourcing Attachment Sections 1.1 and 5.4 re: #381 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Outsourcing Attachment Sections 1.1 and 5.4, #425 Unopposed MOTION to Seal IBM's Opposition to BMC's Motion for Partial Summary Judgment on Breach of Outsourcing Attachment Sections 1.1 and 5.4 by International Business Machines Corporation, filed. (Attachments: #1 Affidavit Declaration of R. Epstein, #2 Appendix Part 1 of 5, #3 Appendix Part 2 of 5, #4 Appendix Part 3 of 5, #5 Appendix Part 4 of 5, #6 Appendix Part 5 of 5) (Epstein, Rachel)
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Filing 425
Unopposed MOTION to Seal IBM's Opposition to BMC's Motion for Partial Summary Judgment on Breach of Outsourcing Attachment Sections 1.1 and 5.4Motions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 9/11/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 424
SEALED RESPONSE /IBM's Opposition to BMC's Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer Provision re: #391 SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer Provision, #423 Unopposed MOTION to Seal IBM's Opposition to BMC's Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer Provision by International Business Machines Corporation, filed. (Epstein, Rachel)
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Filing 423
Unopposed MOTION to Seal IBM's Opposition to BMC's Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer ProvisionMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 9/11/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 422
SEALED RESPONSE /IBM's Opposition to BMC's Motion for Partial Summary Judgment on Construction of Damage Limitations Provisions re: #421 Unopposed MOTION to Seal IBM's Opposition to BMC's Motion for Partial Summary Judgment on Construction of Damage Limitations Provisions, #401 Redacted Document by International Business Machines Corporation, filed. (Epstein, Rachel)
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Filing 421
Unopposed MOTION to Seal IBM's Opposition to BMC's Motion for Partial Summary Judgment on Construction of Damage Limitations ProvisionsMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 9/11/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 420
SEALED RESPONSE /IBM Opposition to BMC's Motion for Partial Summary Judgment on IBM's Affirmative Defenses re: #387 SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Affirmative Defenses, #419 Unopposed MOTION to Seal IBM Opposition to BMC's Motion for Partial Summary Judgment on IBM's Affirmative Defenses by International Business Machines Corporation, filed. (Epstein, Rachel)
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Filing 419
Unopposed MOTION to Seal IBM Opposition to BMC's Motion for Partial Summary Judgment on IBM's Affirmative DefensesMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 9/11/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 418
SEALED RESPONSE of BMC re: #394 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Contract Counterclaim by BMC Software, Inc., filed. (Attachments: #1 Exhibit 1 - Decl of E Eoff, #2 Exhibit 2 - Decl of P Janssen, #3 Appendix Part 1 of 4, #4 Appendix Part 2 of 4, #5 Appendix Part 3 of 4, #6 Appendix Part 4 of 4) (Gorman, Sean)
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Filing 417
Unopposed MOTION to Seal BMC's Response to IBM's Motion for Summary Judgment on IBM's Breach of Contract CounterclaimMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 9/11/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 416
SEALED RESPONSE of BMC re: #396 SEALED MOTION for Summary Judgment on BMC's Claims by BMC Software, Inc., filed. (Attachments: #1 Exhibit 1 - Decl of E Eoff, #2 Exhibit 2 - Decl of S Hines, #3 Exhibit 3 - Decl of C Schulman, #4 Exhibit 4 - Decl of K McGuinn, #5 Exhibit 5 - Decl of J Schafer, #6 Exhibit 6 - Decl of M Quistorff, #7 Exhibit 7 - Decl of J Obermaier, #8 Exhibit 8 - Decl of D Kushner, #9 Appendix Part 1 of 5, #10 Appendix Part 2 of 5, #11 Appendix Part 3 of 5, #12 Appendix Part 4 of 5, #13 Appendix Part 5 of 5) (Gorman, Sean)
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Filing 415
Unopposed MOTION to Seal BMC's Response to IBM's Motion for Summary JudgmentMotions referred to Christina A Bryan. by BMC Software, Inc., filed. Motion Docket Date 9/11/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 414
ORDER granting in part and denying in part #411 Motion to Amend Rule 16 Scheduling Order. (Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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***Set/Reset Deadlines: Joint Pretrial Order due by 2/12/2021. Mediation due by 11/30/2020. Responses to Dispositive motions due by 8/21/2020. Replies due by 9/17/2020. Daubert Motion due by 10/1/2020. (cjan, 4) Modified on 8/25/2020 (cjan, 4).
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***Set/Reset Scheduling Order and Trial Settings: Trial Term: Jury. Docket Call set for 2/26/2021 at 10:00 AM in Courtroom 9D before Judge Gray H Miller (cjan, 4)
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Filing 413
ORDER granting #412 Motion for Leave to File Excess Pages.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4)
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Filing 412
Joint MOTION for Leave to File Excess PagesMotions referred to Christina A Bryan. by BMC Software Finance, Inc., International Business Machines Corporation, filed. Motion Docket Date 9/10/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 411
Joint MOTION for Leave to File Amended Rule 16 Scheduling Order re:(410) Amended PROPOSED ORDERMotions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 9/4/2020. (Epstein, Rachel)
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Filing 410
Amended PROPOSED ORDER re: #365 Scheduling Order,, filed.(Epstein, Rachel)
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Filing 409
NOTICE of Resetting. Parties notified. Telephone Conference (letter to the court and status of outstanding issues) set for 9/4/2020 at 03:00 PM by telephone before Magistrate Judge Christina A Bryan, filed. (The telephone conference set for 8/14/2020 is cancelled due to request from IBM). (cjan, 4)
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Filing 408
NOTICE of Setting. Parties notified. Telephone Conference set (letter to the court and status of outstanding issues) for 8/14/2020 at 10:00 AM by telephone before Magistrate Judge Christina A Bryan, filed. (cjan, 4)
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Filing 407
Renewed SEALED MOTION to Compel Evidence Withheld as Privileged by BMC Software, Inc., filed. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Proposed Order) (Gorman, Sean)
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Filing 406
ORDER denying without prejudice #344 Sealed Motion - Plaintiff's motion to compel.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4) (Main Document 406 replaced on 7/27/2020) (cjan, 4).
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Filing 405
MOTION for Summary Judgment on BMC's Claims (Redacted) Motions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 8/14/2020. (Epstein, Rachel)
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Filing 404
MOTION for Partial Summary Judgment on IBM's Breach of Contract Counterclaim (Redacted) Motions referred to Christina A Bryan. by International Business Machines Corporation, filed. Motion Docket Date 8/14/2020. (Epstein, Rachel)
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Filing 403
REDACTION to #391 SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer Provision by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 402
REDACTION to #387 SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Affirmative Defenses by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 401
REDACTION to #385 SEALED MOTION BMC's Motion for Partial Summary Judgment on Construction of Damage Limitations Provisions by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 400
REDACTION to #381 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Outsourcing Attachment Sections 1.1 and 5.4 by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 399
ORDER REFERRING CASE to Magistrate Magistrate Judge Christina A Bryan for full pretrial management. (Signed by Judge Gray H Miller) Parties notified.(sanderson, 4)
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Filing 398
ORDER Granting #380 Motion to Seal; Granting #384 Motion to Seal; Granting #386 Motion to Seal; Granting #388 Motion to Seal.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 397
ORDER GRANTING #395 Unopposed MOTION to Seal Defendant IBM's Motion for Summary Judgment on BMCs Claims, #390 Unopposed MOTION to Seal BMC's Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer Provision (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 396
SEALED MOTION for Summary Judgment on BMC's Claims by International Business Machines Corporation, filed. (Attachments: #1 Declaration of Rachel E. Epstein, #2 Appendix Part 1 of 6, #3 Appendix Part 2 of 6, #4 Appendix Part 3 of 6, #5 Appendix Part 4 of 6, #6 Appendix Part 5 of 6, #7 Appendix Part 6 of 6) (Epstein, Rachel)
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Filing 395
Unopposed MOTION to Seal Defendant IBM's Motion for Summary Judgment on BMCs ClaimsMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 7/31/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 394
SEALED MOTION for Partial Summary Judgment on IBM's Breach of Contract Counterclaim by International Business Machines Corporation, filed. (Attachments: #1 Declaration of Rachel E. Epstein, #2 Appendix Part 1 of 2, #3 Appendix Part 2 of 2) (Epstein, Rachel)
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Filing 393
SEALED EXHIBITS Continuation re: #385 SEALED MOTION BMC's Motion for Partial Summary Judgment on Construction of Damage Limitations Provisions by BMC Software, Inc., filed. (Attachments: #1 Exhibit Ex 20 to Ridge Decl) (Gorman, Sean)
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Filing 392
SEALED EXHIBITS Continuation re: #381 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Outsourcing Attachment Sections 1.1 and 5.4 by BMC Software, Inc., filed. (Attachments: #1 Exhibit Ex 20 to Ridge Decl) (Gorman, Sean)
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Filing 391
SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer Provision by BMC Software, Inc., filed. (Attachments: #1 Exhibit Declaration of Judy Schafer, #2 Exhibit Ex 1 to Schafer Decl, #3 Exhibit Ex 2 to Schafer Decl, #4 Exhibit Ex 3 Part 1 to Schafer Decl, #5 Exhibit Ex 3 Part 2 to Schafer Decl, #6 Exhibit Ex 4 to Schafer Decl, #7 Exhibit Ex 5 to Schafer Decl, #8 Exhibit Ex 6 to Schafer Decl, #9 Exhibit Ex 7 to Schafer Decl, #10 Exhibit Ex 8 to Schafer Decl, #11 Exhibit Ex 9 to Schafer Decl, #12 Exhibit Ex 10 to Schafer Decl, #13 Exhibit Ex 11 to Schafer Decl, #14 Exhibit Ex 12 to Schafer Decl, #15 Exhibit Ex 21 Part 1 to Schafer Decl, #16 Exhibit Ex 21 Part 2 to Schafer Decl, #17 Exhibit Declaration of Elizabeth Eoff, #18 Exhibit Ex 205 to Eoff Decl, #19 Exhibit Ex 206 to Eoff Decl, #20 Exhibit Ex 207 to Eoff Decl, #21 Exhibit Ex 208 to Eoff Decl, #22 Exhibit Ex 209 to Eoff Decl, #23 Exhibit Ex 210 to Eoff Decl, #24 Exhibit Ex 211 to Eoff Decl, #25 Exhibit Ex 212 to Eoff Decl, #26 Exhibit Ex 213 to Eoff Decl, #27 Exhibit Ex 214 to Eoff Decl, #28 Exhibit Ex 215 to Eoff Decl, #29 Exhibit Ex 216 to Eoff Decl, #30 Exhibit Ex 217 to Eoff Decl, #31 Exhibit Ex 218 to Eoff Decl, #32 Exhibit Ex 219 to Eoff Decl, #33 Exhibit Declaration of Peter Iannone, #34 Exhibit Ex A to Iannone Decl, #35 Exhibit Ex B to Iannone Decl, #36 Exhibit Ex C to Iannone Decl) (Gorman, Sean)
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Filing 390
Unopposed MOTION to Seal BMC's Motion for Partial Summary Judgment on IBM's Counterclaim for Breach of the Most Favored Customer ProvisionMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 7/31/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 389
SEALED EXHIBITS Continuation re: #387 SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Affirmative Defenses by BMC Software, Inc., filed. (Attachments: #1 Exhibit Declaration of Judy Schafer, #2 Exhibit Ex 1 to Schafer Decl, #3 Exhibit Ex 2 to Schafer Decl, #4 Exhibit Ex 3 Part 1 to Schafer Decl, #5 Exhibit Ex 3 Part 2 to Schafer Decl, #6 Exhibit Ex 4 to Schafer Decl, #7 Exhibit Ex 5 to Schafer Decl, #8 Exhibit Ex 6 to Schafer Decl, #9 Exhibit Ex 7 to Schafer Decl, #10 Exhibit Ex 8 to Schafer Decl, #11 Exhibit Ex 9 to Schafer Decl, #12 Exhibit Ex 10 to Schafer Decl, #13 Exhibit Ex 11 to Schafer Decl, #14 Exhibit Ex 12 to Schafer Decl, #15 Exhibit Ex 21 Part 1 to Schafer Decl, #16 Exhibit Ex 21 Part 2 to Schafer Decl, #17 Exhibit Decaration of Steve Ridge, #18 Exhibit Ex 19 to Ridge Decl, #19 Exhibit Ex 20 to Ridge Decl, #20 Exhibit Declaration Kendyl Roman, #21 Exhibit Ex A to Roman Decl, #22 Envelope Ex B to Roman Decl) (Gorman, Sean)
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Filing 388
Unopposed MOTION to Seal Defendant IBM's Motion for Partial Summary Judgment on its CounterclaimMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 7/31/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 387
SEALED MOTION BMC's Motion for Partial Summary Judgment on IBM's Affirmative Defenses by BMC Software, Inc., filed. (Attachments: #1 Exhibit Declaration of Elizabeth Eoff, #2 Exhibit Ex 176 to Eoff Decl, #3 Exhibit Ex 177 to Eoff Decl, #4 Exhibit Ex 178 to Eoff Decl, #5 Exhibit Ex 179 to Eoff Decl, #6 Exhibit Ex 180 to Eoff Decl, #7 Exhibit Ex 181 to Eoff Decl, #8 Exhibit Ex 182 to Eoff Decl, #9 Exhibit Ex 183 to Eoff Decl, #10 Exhibit Ex 184 to Eoff Decl, #11 Exhibit Ex 185 to Eoff Decl, #12 Exhibit Ex 186 to Eoff Decl, #13 Exhibit Ex 187 to Eoff Decl, #14 Exhibit Ex 188 to Eoff Decl, #15 Exhibit Ex 189 to Eoff Decl, #16 Exhibit Ex 190 to Eoff Decl, #17 Exhibit Ex 191 to Eoff Decl, #18 Exhibit Ex 192 to Eoff Decl, #19 Exhibit Ex 193 to Eoff Decl, #20 Exhibit Ex 194 to Eoff Decl, #21 Exhibit Ex 195 to Eoff Decl) (Gorman, Sean)
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Filing 386
Unopposed MOTION to Seal BMC's Motion for Partial Summary Judgment on IBM's Affirmative DefensesMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 7/31/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 385
SEALED MOTION BMC's Motion for Partial Summary Judgment on Construction of Damage Limitations Provisions by BMC Software, Inc., filed. (Attachments: #1 Exhibit Declaration of Elizabeth Eoff, #2 Exhibit Ex 150 to Eoff Decl, #3 Exhibit Ex 151 to Eoff Decl, #4 Exhibit Ex 152 to Eoff Decl, #5 Exhibit Ex 153 to Eoff Decl, #6 Exhibit Ex 154 to Eoff Decl, #7 Exhibit Ex 155 to Eoff Decl, #8 Exhibit Ex 156 to Eoff Decl, #9 Exhibit Ex 157 to Eoff Decl, #10 Exhibit Ex 158 to Eoff Decl, #11 Exhibit Ex 159 to Eoff Decl, #12 Exhibit Ex 160 to Eoff Decl, #13 Exhibit Ex 161 to Eoff Decl, #14 Exhibit Ex 162 to Eoff Decl, #15 Exhibit Ex 163 to Eoff Decl, #16 Exhibit Ex 164 to Eoff Decl, #17 Exhibit Ex 165 to Eoff Decl, #18 Exhibit Ex 166 to Eoff Decl, #19 Exhibit Declaration of Sharon Clack, #20 Exhibit Ex 1 to Clack Decl, #21 Exhibit Declaration of Dianne McGee, #22 Exhibit Ex 13 to McGee Decl, #23 Exhibit Ex 14 to McGee Decl, #24 Exhibit Ex 15 to McGee Decl, #25 Exhibit Ex 16 to McGee Decl, #26 Exhibit Ex 17 to McGee Decl, #27 Exhibit Ex 18 to McGee Decl, #28 Exhibit Declaration of Kendyl Roman, #29 Exhibit Ex A to Roman Decl, #30 Exhibit Ex B to Roman Decl, #31 Exhibit Declaration of Alan Ratliff, #32 Exhibit Ex A to Ratliff Decl, #33 Exhibit Ex B to Ratliff Decl, #34 Exhibit Ex C to Ratliff Decl, #35 Exhibit Declaration of Steve Ridge, #36 Exhibit Ex 19 to Ridge Decl) (Gorman, Sean)
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Filing 384
Unopposed MOTION to Seal BMC's Motion for Partial Summary Judgment on Construction of Damage Limitations ProvisionsMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 7/31/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 383
SEALED EXHIBITS Continuation re: #381 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Outsourcing Attachment Sections 1.1 and 5.4 by BMC Software, Inc., filed. (Attachments: #1 Exhibit Declaration of Judy Schafer, #2 Exhibit Ex 1 to Schafer Decl, #3 Exhibit Ex 2 to Schafer Decl, #4 Exhibit Ex 3 Part 1 to Schafer Decl, #5 Exhibit Ex 3 Part 2 to Schafer Decl, #6 Exhibit Ex 4 to Schafer Decl, #7 Exhibit Ex 5 to Schafer Decl, #8 Exhibit Ex 6 to Schafer Decl, #9 Exhibit Ex 7 to Schafer Decl, #10 Exhibit Ex 8 to Schafer Decl, #11 Exhibit Ex 9 to Schafer Decl, #12 Exhibit Ex 10 to Schafer Decl, #13 Exhibit Ex 11 to Schafer Decl, #14 Exhibit Ex 12 to Schafer Decl, #15 Exhibit Ex 21 Part 1 to Schafer Decl, #16 Exhibit Ex 21 Part 2 to Schafer Decl, #17 Exhibit Declaration of Alan Ratliff, #18 Exhibit Ex A to Ratliff Decl, #19 Exhibit Ex B to Ratliff Decl, #20 Exhibit Ex C to Ratliff Decl, #21 Exhibit Declaration of Kendyl Roman, #22 Exhibit Ex A to Roman Decl, #23 Exhibit Ex B to Roman Decl, #24 Exhibit Declaration of Steve Ridge, #25 Exhibit Ex 19 to Ridge Decl) (Gorman, Sean)
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Filing 382
SEALED EXHIBITS Continuation re: #381 SEALED MOTION for Partial Summary Judgment on IBM's Breach of Outsourcing Attachment Sections 1.1 and 5.4 by BMC Software, Inc., filed. (Attachments: #1 Exhibit Ex 69 to Eoff Decl, #2 Exhibit Ex 70 to Eoff Decl, #3 Exhibit Ex 71 to Eoff Decl, #4 Exhibit Ex 72 to Eoff Decl, #5 Exhibit Ex 73 to Eoff Decl, #6 Exhibit Ex 74 to Eoff Decl, #7 Exhibit Ex 75 to Eoff Decl, #8 Exhibit Ex 76 to Eoff Decl, #9 Exhibit Ex 77 to Eoff Decl, #10 Exhibit Ex 78 to Eoff Decl, #11 Exhibit Ex 79 to Eoff Decl, #12 Exhibit Ex 80 to Eoff Decl, #13 Exhibit Ex 81 to Eoff Decl, #14 Exhibit Ex 82 to Eoff Decl, #15 Exhibit Ex 83 to Eoff Decl, #16 Exhibit Ex 84 to Eoff Decl, #17 Exhibit Ex 85 to Eoff Decl, #18 Exhibit Ex 86 to Eoff Decl, #19 Exhibit Ex 87 to Eoff Decl, #20 Exhibit Ex 88 to Eoff Decl, #21 Exhibit Ex 89 to Eoff Decl, #22 Exhibit Ex 90 to Eoff Decl, #23 Exhibit Ex 91 to Eoff Decl, #24 Exhibit Ex 92 to Eoff Decl, #25 Exhibit Ex 93 to Eoff Decl, #26 Exhibit Ex 94 to Eoff Decl, #27 Exhibit Ex 95 to Eoff Decl, #28 Exhibit Ex 96 to Eoff Decl, #29 Exhibit Ex 97 to Eoff Decl, #30 Exhibit Ex 98 to Eoff Decl, #31 Exhibit Ex 99 to Eoff Decl, #32 Exhibit Ex 100 to Eoff Decl, #33 Exhibit Ex 101 to Eoff Decl, #34 Exhibit Ex 102 to Eoff Decl, #35 Exhibit Ex 103 to Eoff Decl, #36 Exhibit Ex 104 to Eoff Decl, #37 Exhibit Ex 105 to Eoff Decl, #38 Exhibit Ex 106 to Eoff Decl, #39 Exhibit Ex 107 to Eoff Decl, #40 Exhibit Ex 108 to Eoff Decl, #41 Exhibit Ex 109 to Eoff Decl, #42 Exhibit Ex 110 to Eoff Decl, #43 Exhibit Ex 111 to Eoff Decl, #44 Exhibit Ex 112 to Eoff Decl, #45 Exhibit Ex 113 to Eoff Decl, #46 Exhibit Ex 114 to Eoff Decl, #47 Exhibit Ex 115 to Eoff Decl, #48 Exhibit Ex 116 to Eoff Decl, #49 Exhibit Ex 117 to Eoff Decl, #50 Exhibit Ex 118 to Eoff Decl) (Gorman, Sean)
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Filing 381
SEALED MOTION for Partial Summary Judgment on IBM's Breach of Outsourcing Attachment Sections 1.1 and 5.4 by BMC Software, Inc., filed. (Attachments: #1 Exhibit Declaration of Elizabeth Eoff, #2 Exhibit Ex 30 to Eoff Decl, #3 Exhibit Ex 31 to Eoff Decl, #4 Exhibit Ex 32 to Eoff Decl, #5 Exhibit Ex 33 to Eoff Decl, #6 Exhibit Ex 34 to Eoff Decl, #7 Exhibit Ex 35 to Eoff Decl, #8 Exhibit Ex 36 to Eoff Decl, #9 Exhibit Ex 37 to Eoff Decl, #10 Exhibit Ex 38 to Eoff Decl, #11 Exhibit Ex 39 to Eoff Decl, #12 Exhibit Ex 40 to Eoff Decl, #13 Exhibit Ex 41 to Eoff Decl, #14 Exhibit Ex 42 to Eoff Decl, #15 Exhibit Ex 43 to Eoff Decl, #16 Exhibit Ex 44 to Eoff Decl, #17 Exhibit Ex 45 to Eoff Decl, #18 Exhibit Ex 46 to Eoff Decl, #19 Exhibit Ex 47 to Eoff Decl, #20 Exhibit Ex 48 to Eoff Decl, #21 Exhibit Ex 49 to Eoff Decl, #22 Exhibit Ex 50 to Eoff Decl, #23 Exhibit Ex 51 to Eoff Decl, #24 Exhibit Ex 52 to Eoff Decl, #25 Exhibit Ex 53 to Eoff Decl, #26 Exhibit Ex 54 to Eoff Decl, #27 Exhibit Ex 55 to Eoff Decl, #28 Exhibit Ex 56 to Eoff Decl, #29 Exhibit Ex 57 to Eoff Decl, #30 Exhibit Ex 58 to Eoff Decl, #31 Exhibit Ex 59 to Eoff Decl, #32 Exhibit Ex 60 to Eoff Decl, #33 Exhibit Ex 61 to Eoff Decl, #34 Exhibit Ex 62 to Eoff Decl, #35 Exhibit Ex 63 to Eoff Decl, #36 Exhibit Ex 64 to Eoff Decl, #37 Exhibit Ex 65 to Eoff Decl, #38 Exhibit Ex 66 to Eoff Decl, #39 Exhibit Ex 67 to Eoff Decl, #40 Exhibit Ex 68 to Eoff Decl) (Gorman, Sean)
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Filing 380
Unopposed MOTION to Seal BMC's Motion for Partial Summary Judgment on Breach of Outsourcing Attachments Sections 1.1 and 5.4Motions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 7/31/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 379
Joint MOTION for Leave to File Excess PagesMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 7/30/2020. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 378
ORDER ON IN CAMERA INSPECTION (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 377
SEALED DOCUMENT, filed. (sjones, 4)
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Filing 376
Sealed ORDER., filed. (sjones, 4)
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Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. SEALED IN CAMERA HEARING held on 6/29/2020. Appearances: Rachel Elizabeth Epstein, Richard Irving Werder, Jr, Donald John Reinhard, II.(Court Reporter: Kathy Miller)(Digital # 2:02-2:36PM), filed.(sjones, 4)
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Filing 375
NOTICE of Setting. Parties notified. In Camera Hearing set for 6/29/2020 at 02:00 PM by telephone before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 374
Notice of Filing of Official Transcript as to #373 Transcript. Party notified, filed. (jdav, 4)
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Filing 373
TRANSCRIPT re: Telephonic Hearing held on June 15, 2020 before Judge Gray H Miller. Court Reporter/Transcriber Kathleen Miller. Ordering Party Sean R.D. Gorman Release of Transcript Restriction set for 9/21/2020., filed. (kmiller, )
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Filing 372
Receipt for Withdrawal of Exhibits by attorney for International Business Machines Corporation(sjones, 4)
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Filing 371
Receipt for Withdrawal of Exhibits by attorney for BMC Software, Inc.(sjones, 4)
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Filing 370
AMENDED MINUTE ENTRY ORDER: Discovery Hearing held on 06.15.20. Appearances: Rachel Elizabeth Epstein, Elizabeth Frances Eoff, Christopher Lee Dodson, Sean R D Gorman, Richard Irving Werder, Jr, Donald John Reinhard, II. Ct Reporter: Kathy Miller. Digital Number: 10:10-11:37AM.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4) (Main Document 370 replaced on 6/29/2020) (sjones, 4).
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Filing 369
AO 435 TRANSCRIPT REQUEST by Steven Vacek for Transcript of 6/15/2020, hearing, Judge N. Johnson. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (mmapps, 4)
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Filing 368
AO 435 TRANSCRIPT REQUEST by BMC Software/Sean Gorman for Transcript of Telephonic hearing, June 15, 2020 before Hon. Nancy K. Johnson. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean)
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Filing 367
ORDER: The parties are hereby notified that the only issues that the court will consider at the hearing on Monday will be to resolve any remaining disputes related to extant discovery requests. No new discovery requests will be considered. The new judge will resolve the attorney-client privilege/crime-fraud exception and the Dzaluk emails at a later date. (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 366
NOTICE of Setting re: #344 Opposed SEALED MOTION to Compel Evidence Withheld as Privileged. Parties notified. Motion Hearing set for 6/15/2020 at 10:00 AM before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 365
RULE 16 SCHEDULING ORDER. Expert Discovery due by 6/30/2020. Mediation due by 11/30/2020. Dispositive Motion Filing due by 7/10/2020. Non-Dispositive Motion Filing due by 8/31/2020. Objections due by 2/19/2021 Joint Pretrial Order due by 2/12/2021. Docket Call set for 2/26/2021 at 10:00 AM in Courtroom 9D before Judge Gray H Miller(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. SCHEDULING CONFERENCE (by phone) held on 5/22/2020. Reply Briefs due by 9/11/2020 Responses due by 8/17/2020. Order to follow. Appearances: Sean R D Gorman, Richard Irving Werder, Jr.(Court Reporter: No), filed.(sjones, 4)
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Filing 364
AO 435 TRANSCRIPT REQUEST by Plaintiff BMC/Sean Gorman for Transcript of Scheduling Conference, May 22, 2020, Honorable Nancy Johnson. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean) Unable to process request. Per Case Manager there is no audio for the hearing on 05/22/2020. Ordering Party and Judicial Transcribers of Texas notified. Modified on 5/26/2020 (ClaudiaGutierrez, 4).
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Filing 363
NOTICE of Setting. Parties notified. Scheduling Conference set for 5/22/2020 at 03:30 PM by ZOOM before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 362
ORDER: In light of the current coronavirus emergency and the parties inability to agree on an amended course of discovery, it is ORDERED that all discovery in this action is STAYED for sixty days. A scheduling conference will be set after the expiration of sixty days. (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 361
NOTICE of Cancellation re: #360 Notice of Setting, filed. (The court will reset at later date and time).(sjones, 4)
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Motion Hearing set for 03.25.20 is terminated. (sjones, 4)
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Filing 360
NOTICE of Setting re: #344 Opposed SEALED MOTION to Compel Evidence Withheld as Privileged. Parties notified. Motion Hearing set for 3/25/2020 at 02:00 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 359
ORDER granting #354 Motion for Leave to File Excess Pages.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 358
ORDER granting #355 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 357
ORDER granting #353 Motion.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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CONTINUATION OF ENTRY #357 FOR STATISTICAL PURPOSES- Dispositive Motion Filing due by 4/3/2020. Mediation due by 4/17/2020. Non-Dispositive Motion Filing due by 4/3/2020. Responses due by 5/4/2020. Replies due by 5/29/2020(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4) Modified on 2/4/2020 (sjones, 4).
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Filing 356
SEALED REPLY in Suppport re: #344 Opposed SEALED MOTION to Compel Evidence Withheld as Privileged by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 355
Unopposed MOTION to Seal Reply in Support of Motion to Compel Evidence Withheld as PrivilegedMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 2/24/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 354
Unopposed MOTION for Leave to File Excess PagesMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 2/24/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 353
Joint MOTION Leave to Amend the Agreed Fourth Amended Scheduling OrderMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 2/24/2020. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 352
ORDER granting #350 Motion for Extension of Time Replies due by 2/3/2020.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 351
ORDER granting #348 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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CONTINUATION OF ENTRY #352 FOR STATISTICAL PURPOSES-Replies due 02.03.20. (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 350
Unopposed MOTION for Extension of Time for BMC to File a Reply in Support of its Motion to Compel Evidence Withheld as PrivilegedMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 2/18/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 349
SEALED REPLY Opposition to BMC's Motion to Compel Evidence Withheld as Privileged by International Business Machines Corporation, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Proposed Order) (Epstein, Rachel)
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Filing 348
Unopposed MOTION to Seal Defendant IBM's Opposition to BMC's Motion to CompelMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 2/14/2020. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 347
ORDER granting #346 Motion for Leave to File.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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CONTINUATION OF ENTRY #347 FOR STATITICAL PURPOSES- Dispositive Motion Filing due by 3/27/2020. Mediation due by 4/17/2020. Expert Depositions due by 3/6/2020 Non-Dispositive Motion Filing due by 3/27/2020. Expert Reports due by 2/4/2020 Responses due by 4/27/2020. Replies due by 5/18/2020(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 346
Joint MOTION for Leave to File TO AMEND THE AGREED THIRD AMENDED SCHEDULING ORDERMotions referred to Nancy K Johnson. by BMC Software Finance, Inc., International Business Machines Corporation, filed. Motion Docket Date 2/6/2020. (Attachments: #1 Proposed Scheduling Order)(Epstein, Rachel)
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Filing 345
ORDER granting #343 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 344
Opposed SEALED MOTION to Compel Evidence Withheld as Privileged by BMC Software, Inc., filed. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH, #36 Exhibit II, #37 Exhibit JJ, #38 Exhibit KK, #39 Exhibit LL, #40 Exhibit MM, #41 Exhibit NN) (Gorman, Sean)
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Filing 343
Unopposed MOTION to Seal BMC's Motion to Compel Evidence Withheld as PrivilegedMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 1/24/2020. (Attachments: #1 Proposed Order)(Gorman, Sean)
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***Set/Reset Deadlines: Deft Expert Report due by 1/21/2020. Deft Expert Witness List due by 1/21/2020. Dispositive Motion Filing due by 3/13/2020. Mediation due by 4/17/2020. Non-Dispositive Motion Filing due by 3/13/2020. Pltf Expert Report due by 12/13/2019. Pltf Expert Witness List due by 12/13/2019. (sjones, 4)
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Filing 341
Transcript (Sealed) of proceedings held on held on November 21, 2019. Court Reporter/Transcriber Access Transcripts, filed. (ShoshanaArnow, 4)
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Filing 340
AO 435 TRANSCRIPT REQUEST by Steven C. Vacek for Transcript of hearing held 11/22/2019 at 2:00PM befor the Honorable Nancy Johnson. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (jdav, 4) Electronically forwarded to Access on 11/26/2019. Modified on 11/26/2019 (SamanthaWarda, 4).
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Filing 339
AO 435 TRANSCRIPT REQUEST by BMC Software/Sean Gorman for Transcript of Motion Hearing on 11/21/19 before Hon. Nancy K. Johnson. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean) Electronically Forwarded to Access on 11/26/2019. Modified on 11/26/2019 (SamanthaWarda, 4). Modified on 11/26/2019 (SamanthaWarda, 4).
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Filing 342
Sealed ORDER., filed. (sjones, 4)
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Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. SEALED Motion Hearing held on 11/21/2019. Appearances: Rachel Elizabeth Epstein, Timothy R Geiger, Christopher Lee Dodson, Sean R D Gorman, R Paul Yetter, Donald John Reinhard, II.(Digital # 2:01-4:53PM)(ERO:Yes), filed.(sjones, 4)
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Filing 338
ORDER granting #332 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 337
ORDER GRANTING REQUEST FOR LEAVE TO FILE UNDER SEAL #334 (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 336
ORDER granting #331 Motion for Leave to File Excess Pages.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 335
Corrected SEALED EXHIBITS to IBM Opposition re: #334 Document, by International Business Machines Corporation, filed. (Epstein, Rachel)
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Filing 334
Letter to Court re: Exhibit to IBM's Opposition (DI-326) to BMC Software Inc.'s Motion to Compel Financial Documents (DI-317) by International Business Machines Corporation, filed. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 333
SEALED REPLY in Support of Motion to Compel Financial Documents re: #317 SEALED MOTION to Compel Financial Documents by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 332
Unopposed MOTION to Seal BMC's Reply in Support of its Motion to Compel Financial DocumentsMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 12/9/2019. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 331
Unopposed MOTION for Leave to File Excess PagesMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 12/9/2019. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 330
ORDER granting #327 Motion for Extension of Time Replies due by 11/18/2019.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 329
ORDER granting #325 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 328
ORDER granting #324 Motion for Leave to File Excess Pages.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 327
Unopposed MOTION for Extension of Time to File Reply in Support of Motion to Compel Financial DocumentsMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 12/3/2019. (Attachments: #1 Proposed Order Proposed Order)(Gorman, Sean)
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CONTINUATION OF ENTRY #330 FOR STATISTICAL PURPOSES-Replies due 11.18.19. (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 326
SEALED RESPONSE International Business Machine Corporation's Opposition to BMC Software Inc.'s Motion to Compel Financial Documents re: #317 SEALED MOTION to Compel Financial Documents, #325 Unopposed MOTION to Seal IBM's Opposition to BMC's Motion to Compel Financial Documents (DI-317) by International Business Machines Corporation, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42) (Yetter, R)
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Filing 325
Unopposed MOTION to Seal IBM's Opposition to BMC's Motion to Compel Financial Documents (DI-317)Motions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 11/29/2019. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 324
Unopposed MOTION for Leave to File Excess PagesMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 11/29/2019. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 323
ORDER granting #322 Motion for Leave to Amend the Agreed Second Amended Scheduling Order.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sanderson, 4)
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CONTINUATION OF ENTRY #323 ORDER FOR STATISTICAL PURPOSES ONLY - Expert Reports due 12/6/19. Supplemental Reports due 1/17/20. Expert Depositions due 2/14/20. Dispositive Motions due by 3/6/2020. Mediation due by 4/10/2020. (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sanderson, 4)
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Filing 322
Joint MOTION for Leave to File TO AMEND THE AGREED SECOND AMENDED SCHEDULING ORDERMotions referred to Nancy K Johnson. by BMC Software Finance, Inc., filed. Motion Docket Date 11/22/2019. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 321
ORDER granting #320 Motion for Extension of Time Responses due by 11/8/2019..(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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CONTINUATION OF ENTRY #321 FOR STATISTICAL PURPOSES-Responses due 11.08.19. (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 320
Unopposed MOTION for Extension of Time to Respond to Plaintiff's Sealed Motion to Compel Financial Documents.Motions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 11/20/2019. (Attachments: #1 Proposed Order)(Epstein, Rachel)
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Filing 319
NOTICE of Setting re: #317 SEALED MOTION to Compel Financial Documents. Parties notified. Motion Hearing set for 11/21/2019 at 02:00 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 318
ORDER granting #316 Motion for Leave to File; granting #316 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 317
SEALED MOTION to Compel Financial Documents by BMC Software, Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order) (Gorman, Sean)
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Filing 316
Unopposed MOTION for Leave to File BMC's Motion to Compel Financial Documents Under Seal, MOTION to Seal BMC's Motion to Compel Financial Documents( Motion Docket Date 11/1/2019.)Motions referred to Nancy K Johnson. by BMC Software, Inc., filed. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 315
ORDER granting #314 Motion for Guyon H. Knight to Appear Pro Hac Vice.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 314
MOTION for Guyon H. Knight to Appear Pro Hac ViceMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 10/23/2019. (Martinez, Grant)
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Filing 313
Transcript (Sealed) of proceedings held on held on September 13, 2019. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC, filed. (mahenry, )
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Filing 312
AO 435 TRANSCRIPT REQUEST by IBM/Donald J. Reinhard for Transcript of Discovery hearing on 9/13/19 before Judge N. Johnson. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Reinhard, Donald) Electronically forwarded to Judicial Transcribers of Texas on September 17, 2019. Estimated completion date: September 20, 2019. Modified on 9/17/2019 (ClaudiaGutierrez, 4).
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Filing 311
AO 435 TRANSCRIPT REQUEST by Elizabeth Eoff for Transcript of Discovery Hearing on 9/13/2019 before Judge Nancy Johnson. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Eoff, Elizabeth) Electronically forwarded to Judicial Transcribers of Texas on September 17, 2019. Estimated completion date: September 20, 2019. Modified on 9/17/2019 (ClaudiaGutierrez, 4).
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Filing 310
AO 435 TRANSCRIPT REQUEST by Steven Vacek for Transcript of 9/13/2019 Discovery Hearing before Judge Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (SamanthaWarda, 4) Sealed Transcript unable to be provided to requesting party per court order. Modified on 9/17/2019 (ClaudiaGutierrez, 4).
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Filing 309
Sealed ORDER., filed. (sjones, 4)
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Filing 308
NOTICE of Resetting. Parties notified. Discovery Hearing reset for 9/13/2019 at 02:00 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 307
NOTICE of Setting. Parties notified. Discovery Hearing set for 9/11/2019 at 02:00 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 306
RETURN of Service Executed as to Paul Appleby on August 20, 2019 re: Subpoena to Testify at a Deposition with Deposition Notice, filed.(Reinhard, Donald)
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Filing 305
ORDER granting #304 Motion for Leave to File.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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CONTINUATION OF ENTRY #305 FOR STATISTICAL PURPOSES- Fact Discovery due by 9/27/2019. Dispositive Motion Filing due by 2/13/2020. Mediation due by 2/28/2020. Non-Dispositive Motion Filing due by 2/13/2020.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 304
Joint MOTION for Leave to File Agreed Amended Scheduling OrderMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. (Attachments: #1 Agreed Proposed Second Amended Scheduling Order)(Epstein, Rachel)
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Filing 303
ORDER granting #300 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 302
ORDER granting #298 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 301
Unopposed SEALED RESPONSE to IBM's Counterclaims by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 300
Unopposed MOTION to Seal BMC's Answer to IBM's CounterclaimsMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 4/5/2019. (Attachments: #1 Proposed Order Proposed Order Granting BMC's Motion to Seal Answer)(Gorman, Sean)
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Filing 299
SEALED DOCUMENT /Answer to Second Amended Complaint, Affirmative Defenses, and Counterclaims by International Business Machines Corporation, filed. (Yetter, R)
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Filing 298
Unopposed MOTION to Seal /Defendant IBM's UnOpposed Motion to Seal Its Answer, Affirmative Defenses, and CounterclaimsMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 4/5/2019. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 297
ORDER granting #293 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 296
ORDER granting #292 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 295
SEALED DOCUMENT BMC's Second Amended Complaint by BMC Software, Inc., filed. (Gorman, Sean)
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Filing 294
SEALED DOCUMENT AMENDED ANSWER TO FIRST AMENDED COMPLAINT, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM by International Business Machines Corporation, filed. (Yetter, R)
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Filing 293
Unopposed MOTION to Seal Amended Answer, Affirmative Defenses and Counter-ClaimMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 3/15/2019. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 292
Unopposed MOTION to Seal BMC's Second Amended ComplaintMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 3/15/2019. (Attachments: #1 Proposed Order Order Granting Leave to File Under Seal)(Gorman, Sean)
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Filing 291
NOTICE of Written Consent to file an Amended Answer, Affirmative Defenses and CounterClaims by International Business Machines Corporation, filed. (Attachments: #1 Exhibit A)(Yetter, R)
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Filing 290
NOTICE of Written Consent to File Second Amended Complaint by BMC Software, Inc., filed. (Attachments: #1 Exhibit Written Consent from IBM)(Gorman, Sean)
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Filing 289
RETURN of Service Executed as to CA Inc. c/o Registered Agent CT Corporation System on February 12, 2019 re: Subpoena to Testify at a Deposition in a Civil Action, filed.(Gorman, Sean)
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Filing 288
RETURN of Service Executed as to CA Inc. c/o Registered Agent CT Corporation System on February 12, 2019 re: Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, filed.(Gorman, Sean)
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Filing 287
MEMORANDUM OPINION AND ORDER ADOPTING #256 ORDER Granting #213 Motion to Strike jury demand.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 286
AGREED AMENDED SCHEDULING ORDER. Document Production due by 1/31/2019. Amended Pleadings due by 2/22/2019. Responses due by 3/15/2019. Fact Depositions due by 6/14/2019. Fact Discovery Cut Off due by 6/14/2019. Expert Reports due by 7/17/2019. Experts Supplements due by 8/23/2019. Expert Depositions due by 9/20/2019. Motions Filing due by 10/23/2019. Mediation due by 11/22/2019. (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(ShoshanaArnow, 4)
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Filing 285
Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 284
RETURN of Service Executed as to Rocket Software, Inc. on 12/27/18 re: Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, filed.(Gorman, Sean)
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Filing 283
RETURN of Service Executed as to CA Technologies on 12/26/18 re: Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, filed.(Gorman, Sean)
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Filing 282
RETURN of Service Executed as to Rocket Software, Inc. on 12/27/18 re: Subpoena to Testify at a Deposition in a Civil Action, filed.(Gorman, Sean)
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Filing 281
RETURN of Service Executed as to CA Technologies on 12/26/18 re: Subpoena to Testify at a Deposition in a Civil Action, filed.(Gorman, Sean)
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Filing 280
NOTICE /Notification of Withdrawal re: #202 MOTION for Protective Order, #201 Sealed Event, #235 Sealed Event by International Business Machines Corporation, filed. (Yetter, R)
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Filing 279
AGREED CORRECTED AMENDED SCHEDULING ORDER. Amended Pleadings due by 1/18/2019. Joinder of Parties due by 1/18/2019(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 278
USB Flash Drive forwarded to chambers, filed.(kpicota, 4) Modified on 11/7/2018 (sjones, 4).
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Filing 277
Corrected JOINT DISCOVERY/CASE MANAGEMENT PLAN by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 276
AGREED AMENDED SCHEDULING ORDER. Fact Discovery due by 5/17/2019. Mediation due by 10/18/2019. Dispositive Motion Filing due by 9/24/2019. Non-Dispositive Motion Filing due by 9/24/2019.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 275
Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 274
REPLY to #269 Objections Reply in Support of Objections to Order Striking Jury Demand, filed by BMC Software, Inc.. (Gorman, Sean)
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Filing 273
ORDER granting #272 Motion for Leave to File.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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***Set/Reset Deadlines/Hearings: Replies due by 10/25/2018 (sjones, 4)
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Filing 272
Unopposed MOTION for Leave to File Reply in Support of Objections to Order Striking Jury DemandMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 11/2/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 271
RESPONSE to #269 Objections /IBM's Response to BMC's Objections to Order Striking Jury Demand, filed by International Business Machines Corporation. (Attachments: #1 Proposed Order)(Yetter, R)
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Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. HEARING held on 9/26/2018. NO RECORD TAKEN OF THE HEARING PER COURT'S REQUEST. Appearances:Sara Melendez, Elizabeth Frances Eoff, Emily McLemore Smith, Rachel Elizabeth Epstein.(Digital # 1:04-3:50PM)(ERO:Yes), filed.(sjones, 4)
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Filing 270
ORDER ADOPTING in part #219 Memorandum and Recommendations re #92 Sealed Event, #37 Sealed Event, #170 MOTION to Admit & Objections to Certain Documents (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 269
OBJECTIONS to #256 Order on Sealed Motion, Order on Motion to Strike Jury Demand, filed by BMC Software, Inc.. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 268
NOTICE of Setting. Parties notified.Hearing set for 9/26/2018 at 01:00 PM at Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 267
RESPONSE to #258 Order on Motion to Seal,,,,, , filed by International Business Machines Corporation. (Smith, Emily)
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Filing 266
RESPONSE to #258 Order on Motion to Seal,,,,, Redacted Doc. 246, filed by BMC Software, Inc.. (Gorman, Sean)
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Filing 265
RESPONSE to #258 Order on Motion to Seal,,,,, Redacted Doc. 230, filed by BMC Software, Inc.. (Attachments: #1 Exhibit A)(Gorman, Sean)
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Filing 264
ORDER granting #263 Motion for Extension of Time.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 263
Joint MOTION for Extension of Time to Respond to Order Striking BMC's Jury DemandMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 10/4/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 262
Redaction of #259 Transcript,, filed. (mahenry, )
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Filing 261
Notice of Filing of Official Transcript as to #259 Transcript,. Party notified, filed. (hcarr, 4)
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Filing 260
MINUTE ENTRY ORDER: Telephone Conference held on 09.06.18. Appearances: Elizabeth Frances Eoff, Rachel Elizabeth Epstein. Ct Reporter: ERO. Digital Number: 9:56-10:12AM.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 259
TRANSCRIPT re: #250 - Motion to Compel held on August 28, 2018 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Sean Gorman Release of Transcript Restriction set for 12/5/2018., filed. (mahenry, )
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***Set/Reset Deadlines/Hearings: Telephone Conference set for 9/6/2018 at 10:00 AM by telephone before Magistrate Judge Nancy K Johnson (sjones, 4)
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Filing 258
ORDER granting in part and denying in part #238 Motion to Seal; granting in part and denying in part #241 Motion to Seal; granting in part and denying in part #245 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 257
ORDER granting #240 Motion for Leave to File Excess Pages.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 256
ORDER granting #211 Sealed Motion; granting #213 Motion to Strike.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 254
AO 435 TRANSCRIPT REQUEST by International Business Machines Corporation/R. Paul Yetter for Transcript of Discovery Hearing on 08/28/18 before Magistrate Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial JTT on Aug 29. Estimated completion date is September 5. Modified on 8/29/2018 (JenniferOlson, 4).
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Filing 253
AO 435 TRANSCRIPT REQUEST by BMC Software/Sean Gorman for Transcript of Discovery Hearing on 08/28/18 before Magistrate Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean) Electronically forwarded to JTT on Aug 29. Estimated completion date is September 5.Modified on 8/29/2018 (JenniferOlson, 4).
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Filing 255
MINUTE ENTRY ORDER: Discovery Hearing held on 08.28.18.Appearances: Thomas Bridges, Elizabeth Frances Eoff, Timothy R Geiger, Christopher Lee Dodson, Sean R D Gorman, Marlo A. Pecora, Grant Bellows Martinez, Emily McLemore Smith, Andrew Mark Berdon, Donald John Reinhard, II. Ct Reporter: ERO. Digital Number: 2:28-5:30PM.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 252
ORDER WITHDRAWING MEMORANDUM AND RECOMMENDATION #251 (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 251
THIS ENTRY IS WITHDRAWN PER ORDER #252 MEMORANDUM AND RECOMMENDATIONS recommending that #218 Defendant IBM's Motion to Dismiss for Failure to Join an Indispensable Party should be DENIED. Objections to M&R due by 9/6/2018(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(olindor, 4) Modified on 8/27/2018 (sjones, 4).
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Filing 250
NOTICE of Resetting. Parties notified. Discovery Hearing reset for 8/28/2018 at 02:30 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 249
NOTICE of Cancellation of Discovery Hearing set for 08.20.18, filed. (sjones, 4)
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Filing 248
Sealed Event, filed.
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Filing 247
APPENDIX re: #246 Sealed Event by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 246
Sealed Document Modified on 9/6/2018 (sjones, 4).
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Filing 245
Unopposed MOTION to Seal Reply in Support of its Objections to the Memorandum and RecommendationMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 9/6/2018. (Attachments: #1 Exhibit A Filed Under Seal, #2 Proposed Order)(Gorman, Sean)
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Filing 244
ORDER granting #243 Motion to Expedite.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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CONTINUATION OF ENTRY #244 FOR STATISTICAL PURPOSES-Replies due 08.16.18. Replies due by 8/16/2018(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 243
Unopposed MOTION to Expedite Unopposed Motion for Leave to File Reply in Support of Objections to Memorandum and RecommendationMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 8/30/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 242
Sealed Event, filed. (With attachments)
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Filing 241
Unopposed MOTION to Seal IBM's Response to BMC's Objections to Memorandum and RecommendationMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 8/28/2018. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 240
Unopposed MOTION for Leave to File Excess PagesMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 8/28/2018. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 239
Sealed Event, filed. (With attachments)
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Filing 238
Joint MOTION to Seal Limited Portions of Certain Filings (Dkt. Nos. 222, 225, 230, 233Motions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 8/28/2018. (Attachments: #1 Exhibit A - filed under seal, #2 Exhibit B - filed under seal, #3 Exhibit C - filed under seal, #4 Exhibit D - filed under seal, #5 Proposed Order)(Gorman, Sean)
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Filing 237
ORDER denying #221 Motion to Seal; denying #224 Motion to Seal; denying #229 Motion to Seal; denying #232 Motion to Seal; denying #234 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 236
ORDER granting #228 Motion for Leave to File Excess Pages.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 235
Sealed Event, filed.
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Filing 234
Unopposed MOTION to Seal IBM's Reply in Support of Its Motion for Protective OrderMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 8/15/2018. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 233
UNSEALED PER ORDER #258 IBM's Reply in Support of its Motion to Strike BMC's Jury Demand, filed. (With attachments) Modified on 9/5/2018 (sjones, 4).
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Filing 232
Unopposed MOTION to Seal IBM's Reply in Support of Its Motion to Strike BMC's Jury DemandMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 8/15/2018. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 231
APPENDIX re: #230 Sealed Event by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 230
Sealed Event, filed. (With attachments)
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Filing 229
Unopposed MOTION to Seal BMC's Objections to Memorandum and RecommendationMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 8/14/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 228
Unopposed MOTION for Leave to File Excess PagesMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 8/14/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 227
NOTICE of Resetting. Parties notified. Discovery Hearing reset for 8/20/2018 at 01:00 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 226
APPENDIX re: #225 Sealed Event by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 225
UNSEALED PER ORDER #258 BMC's Response to IBM's Motion to Strike BMC's Jury Demand filed. (With attachments) Modified on 9/5/2018 (sjones, 4).
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Filing 224
Unopposed MOTION to Seal BMC's Response to IBM's Motion to Strike BMC's Jury DemandMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 8/2/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 223
APPENDIX re: #222 Sealed Event by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 222
UNSEALED PER ORDER #258 BMC's Response to IBM's Motion for Protective Order (With attachments) Modified on 9/5/2018 (sjones, 4).
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Filing 221
Unopposed MOTION to Seal BMC's Response to IBM's Motion for Protective OrderMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 8/2/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 219
MEMORANDUM AND RECOMMENDATION re #38 Amended Complaint/Counterclaim/Crossclaim etc., #92 Sealed Event, #37 Sealed Event, #170 MOTION to Admit & Objections to Certain Documents Objections to M&R due by 7/24/2018(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 217
AGREED STIPULATION ( Responses due by 7/12/2018., Replies due by 7/25/2018), (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 216
STIPULATION re: Agreed Deadlines for Responses and Replies by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 215
Notice of Filing of Official Transcript as to #214 Transcript,. Party notified, filed. (dhansen, 4)
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Filing 214
TRANSCRIPT re: Discovery Hearing held on June 14, 2018 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Steven C. Vacek Release of Transcript Restriction set for 9/20/2018., filed. (mahenry, )
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Filing 213
MOTION to Strike /IBM's Motion to Strike BMC's Jury Demand (Public Redacted Version) Motions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 7/13/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order)(Yetter, R)
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Filing 212
ORDER granting #210 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 211
Sealed Event, filed. (With attachments)
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Filing 210
Unopposed MOTION to Seal IBM's Motion to Strike BMC's Jury Demand and Exhibits 1 - 4Motions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 7/12/2018. (Attachments: #1 Proposed Order)(Yetter, R)
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***Set/Reset Deadlines/Hearings: Discovery Hearing reset for 7/19/2018 at 01:00 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson (sjones, 4)
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Filing 208
AO 435 TRANSCRIPT REQUEST by BMC Software/Sean Gorman for Transcript of Discovery Hearing on 06/14/18 before Magistrate Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean) Copy order electronically forwarded to Judicial Transcribers of Texas on 6/15/2018. Estimated transcript completion date: 6/22/2018. (LaurenWebster, 4)
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Filing 207
AO 435 TRANSCRIPT REQUEST by Steven Vacek for Transcript of Discovery Hearing 6/14/18 before Magistrate Judge Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (ckrus, 4) Electronically forwarded to Judicial Transcribers of Texas on 6/15/2018. Estimated transcript completion date: 6/22/2018. (LaurenWebster, 4)
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Filing 209
MINUTE ENTRY ORDER: Discovery Hearing held on 06.14.18. Appearances: Elizabeth Frances Eoff, Timothy R Geiger, Christopher Lee Dodson, Sean R D Gorman, Marlo A. Pecora, John H. Chun, Grant Bellows Martinez, Emily McLemore Smith, Rachel Elizabeth Epstein, Donald John Reinhard, II. Ct Reporter: ERO. Discovery Hearing set for 7/19/2018 at 01:00 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 206
ORDER granting #203 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 205
ORDER granting #200 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 220
Sealed Event, filed. (With attachments)
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Filing 204
Sealed Event, filed. (With attachments)
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Filing 203
Unopposed MOTION to Seal BMC's Opposed Motion for Leave to File Motion to Strike IBMs Exhibits and BMCs Sur-reply in Support of its Proposed Findings of Facts and Conclusions of LawMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 7/5/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 202
MOTION for Protective OrderMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 7/3/2018. (Attachments: #1 Proposed Order, #2 Appendix, #3 Unredacted attachment, #4 Unredacted attachment)(Yetter, R)
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Filing 201
Sealed Event, filed. (With attachments)
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Filing 200
Unopposed MOTION to Seal IBM's Motion for Protective OrderMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 7/3/2018. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 199
NOTICE of Setting. Parties notified. Discovery Hearing set for 6/14/2018 at 02:00 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 198
Sealed Event, filed.
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Filing 197
Sealed Event, filed.
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Filing 196
Sealed Event, filed.
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Filing 195
Sealed Event, filed.
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Filing 194
ORDER granting #191 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 193
Sealed Event, filed. (With attachments)
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Filing 192
Sealed Event, filed. (With attachments)
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Filing 191
Unopposed MOTION to Seal (1) IBM's Response to BMCs Motion to Admit and Objections to Certain Exhibits and (2) IBM's Reply to BMCs Response to IBMs Proposed Findings of Fact and Conclusions of LawMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 5/23/2018. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 190
Sealed Order, filed.
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Filing 189
Sealed Event, filed.
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Filing 188
Sealed Event, filed.
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Filing 187
DECLARATION of Thomas P. Hagen, Esq. in Support of IBM's March 22, 2018 Privilege Log and March 23, 2018 Redaction Log, filed.(Smith, Emily)
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Filing 186
Notice of Filing of Official Transcript as to #185 Transcript,. Party notified, filed. (jdav, 4)
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Filing 185
TRANSCRIPT re: Status Conference held on April 13, 2018 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Steven Vacek Release of Transcript Restriction set for 7/17/2018., filed. (mahenry, )
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Filing 184
AO 435 TRANSCRIPT REQUEST by Steven Vacek for Transcript of Status Conference, 4/13/2018, Judge N. Johnson. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (jguajardo, 4) Electronically forwarded to Judicial Transcribers of Texas on 4/16/2018. Estimated transcript completion date: 4/17/2018. (LaurenWebster, 4)
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Filing 183
MINUTE ENTRY ORDER: Status Conference held granting #176 Unopposed MOTION to Seal BMC's Objections to IBM's Privilege Claims and Exhibits, granting #178 Unopposed MOTION to Seal IBM's Objections to BMC's Amended Privilege Log. Appearances: Elizabeth Frances Eoff, Christopher Lee Dodson, Sean R D Gorman, Marlo A. Pecora, Grant Bellows Martinez, Emily McLemore Smith, Rachel Elizabeth Epstein, Donald John Reinhard, II. Ct Reporter: ERO. Digital Number: 9:58-10:44AM.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 182
AO 435 TRANSCRIPT REQUEST by Sean Gorman for Transcript of Status Conference on 04/13/18 before Magistrate Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean) Electronically forwarded to Judicial Transcribers of Texas on 4/16/2018. Estimated transcript completion date: 4/23/2018. (LaurenWebster, 4)
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Filing 181
DECLARATION of Steve Ridge in Support of BMC's Amended Second Privilege Log, filed.(Gorman, Sean)
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Filing 180
DECLARATION of Brian Jones in Support of BMC's Amended Second Privilege Log, filed. (Attachments: #1 Exhibit A)(Gorman, Sean)
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Filing 179
Sealed Event, filed. (With attachments)
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Filing 178
Unopposed MOTION to Seal IBM's Objections to BMC's Amended Privilege LogMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 5/2/2018. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 177
Sealed Event, filed. (With attachments)
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Filing 176
Unopposed MOTION to Seal BMC's Objections to IBM's Privilege Claims and ExhibitsMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 5/2/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 175
NOTICE of Setting. Parties notified. In Camera Hearing set for 4/19/2018 at 10:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 174
NOTICE of Setting. Parties notified. Status Conference reset for 4/13/2018 at 10:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 173
ORDER granting #171 Motion for Extension of Time.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 172
NOTICE of Change of Address by Yetter Coleman LLP, counsel for International Business Machines Corporation, filed. (Yetter, R)
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Filing 171
Joint MOTION for Extension of Time For Filing Privilege Objections and Reschedule HearingMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 4/18/2018. (Attachments: #1 Proposed Order)(Smith, Emily)
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Filing 170
MOTION to Admit & Objections to Certain DocumentsMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 4/16/2018. (Attachments: #1 Proposed Order)(sjones, 4)
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Filing 169
ORDER granting #163 Motion for Leave to File.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 168
ORDER granting #167 Motion to Withdraw; withdrawing #165 Corrected MOTION to Seal Proposed Limited Response to IBM's Proposed Findings of Fact and Conclusions of Law.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 167
Unopposed MOTION to Withdraw #165 Corrected MOTION to Seal Proposed Limited Response to IBM's Proposed Findings of Fact and Conclusions of Law Motions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 4/16/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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SEALED DOC #164 IS RELATED TO ENTRY #170 ***, filed. (sjones, 4)
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Filing 166
RESPONSE in Opposition to #163 Opposed MOTION for Leave to File Motion to Admit and Objections to Certain Documents and Limited Response to IBM's Proposed Findings of Fact and Conclusions of Law, filed by International Business Machines Corporation. (Yetter, R)
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Filing 165
Corrected MOTION to Seal Proposed Limited Response to IBM's Proposed Findings of Fact and Conclusions of LawMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 4/12/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 164
Sealed Event, filed.
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Filing 163
Opposed MOTION for Leave to File Motion to Admit and Objections to Certain Documents and Limited Response to IBM's Proposed Findings of Fact and Conclusions of LawMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 4/12/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - under seal, #3 Proposed Order)(Gorman, Sean)
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Filing 162
Unopposed MOTION to Seal Proposed Limited Response to IBM's Proposed Findings of Fact and Conclusions of LawMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 4/12/2018. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 161
RETURN of Service Executed as to Richard Clyne on 02/23/2018 re: Subpoena to Testify at a Deposition in a Civil Action, filed.(Gorman, Sean)
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Filing 160
Sealed Event, filed.
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Filing 159
Sealed Event, filed.
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Filing 158
Transcript (Sealed) of proceedings held on held on February 26, 2018. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC, filed. (mahenry, )
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Filing 157
Sealed Event, filed.
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Filing 156
Proposed Findings of Fact/Conclusions of Law by BMC Software, Inc.(Gorman, Sean)
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Filing 155
Sealed Event, filed. (With attachments)
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The court informally extended the parties deadline to March 6, 2018 to submit highlighted versions of the submissions, per email request***, filed. (sjones, 4)
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Filing 153
AO 435 TRANSCRIPT REQUEST by BMC Software/Sean Gorman for Transcript of Telephonic Hearing on 02/26/18 before Magistrate Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean) Electronically forwarded to Judicial Transcribers on 2/27/2018. Estimated completion date 3/6/2018. Modified on 2/27/2018 (ShoshanaArnow, 4).
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Filing 154
AO 435 TRANSCRIPT REQUEST by Steven Vacek for Transcript of 2/26/2018. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (ShoshanaArnow, 4)Electronically forwarded to Judicial Transcribers on 2/27/2018. Estimated completion date 3/6/2018. Modified on 2/27/2018 Modified on 2/27/2018 (ShoshanaArnow, 4).
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Filing 152
MINUTE ENTRY ORDER: AMENDED Discovery Hearing held on 02.26.18. Appearances: Rebecca Huddle, Elizabeth Frances Eoff, Christopher Lee Dodson, Sean R D Gorman, Grant Bellows Martinez, Rachel Elizabeth Epstein, Donald John Reinhard, II. Ct Reporter: ERO. (Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 151
ORDER re: #147 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 150
MINUTE ENTRY ORDER: Motion Hearing held on 02.26.18. Appearances: Rebecca Huddle. Elizabeth Frances Eoff, Christopher Lee Dodson, Sean R D Gorman, Grant Bellows Martinez, Rachel Elizabeth Epstein, Donald John Reinhard, II. Ct Reporter: ERO. Digital Number: 10:00-10:32AM.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 149
NOTICE of Resetting as to #147 Joint MOTION to Seal Transcripts from Preliminary Injunction Hearing (Dkt. #126, 127, 128, 130, 132, 133, 134). Parties notified. Motion Hearing set for 2/26/2018 at 10:00 AM in by telephone before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 148
NOTICE of Setting re: #147 Joint MOTION to Seal Transcripts from Preliminary Injunction Hearing (Dkt. #126, 127, 128, 130, 132, 133, 134). Parties notified. Motion Hearing set for 3/1/2018 at 10:00 AM in by telephone before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 147
Joint MOTION to Seal Transcripts from Preliminary Injunction Hearing (Dkt. #126, 127, 128, 130, 132, 133, 134)Motions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 3/13/2018. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 146
Notice of Filing of Official Transcript as to #145 Transcript,. Party notified, filed. (hcarr, 4)
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Filing 145
TRANSCRIPT re: Hearing on Discovery and Scheduling Conference held on February 14, 2018 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Sean Gorman Release of Transcript Restriction set for 5/17/2018., filed. (mahenry, )
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Filing 144
MINUTE ENTRY ORDER: Discovery Hearing held. Appearances: Stephen Purdie (by phone), Elizabeth Frances Eoff, Christopher Lee Dodson, Sean R D Gorman, Grant Bellows Martinez, Emily McLemore Smith, Rachel Elizabeth Epstein, Donald John Reinhard, II. Ct Reporter: ERO. Digital Number: 9:01-9:29AM. Amended Pleadings due by 6/29/2018. Deft Expert Report due by 10/26/2018. Deft Expert Witness List due by 10/26/2018. Discovery due by 12/31/2018. Dispositive Motion Filing due by 1/18/2019. Mediation due by 1/11/2019. Non-Dispositive Motion Filing due by 1/18/2019. Document production due by 6/22/2018 Pltf Expert Report due by 9/21/2018. Pltf Expert Witness List due by 9/21/2018. Status Conference set for 4/2/2018 at 02:00 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 143
AO 435 TRANSCRIPT REQUEST by Steven Vacek for Transcript of Dicovery Hearing 2/14/18 before Judge Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (smurdock, 4) Copy order electronically forwarded to Judicial Transcribers of Texas on 2/14/2018. Estimated transcript completion date: 2/21/2018. (LaurenWebster, 4)
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Filing 142
AO 435 TRANSCRIPT REQUEST by BMC Software/Sean Gorman for Transcript of Discovery Hearing on 02/14/18 before Magistrate Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean) Electronically forwarded to Judicial Transcribers of Texas on 2/14/2018. Estimated transcript completion date: 2/21/2018. (LaurenWebster, 4)
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Filing 141
NOTICE of Setting. Parties notified. Discovery Hearing set for 2/14/2018 at 09:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 140
ORDER granting #139 Motion for Extension of Time Proposed findings of fact & conclusions due by 3/1/2018.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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CONTINUATION OF ENTRY #140 FOR STATISTICAL PURPOSES- Proposed findings of fact & conclusions due by 3/1/2018.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 139
Joint MOTION for Extension of Time Extend Deadline for Proposed Findings of Fact and Conclusions of LawMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 2/20/2018. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 138
RETURN of Service Executed as to Richard Clyne on January 16, 2018 re: Subpoena to Produce Documents, filed.(Gorman, Sean)
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Filing 137
RETURN of Service Executed as to Richard Clyne on January 16, 2018 re: Subpoena to Testify at a Deposition and Deposition Notice, filed.(Gorman, Sean)
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***Set/Reset Deadlines: Mediation due by 1/19/2018. Proposed Finding of Facts & Conclusion of Law due by 2/6/2018 (sjones, 4)
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Filing 136
Notice of Filing of Official Transcript as to #133 Transcript, #134 Transcript, #130 Transcript,. Party notified, filed. (hcarr, 4)
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Filing 134
TRANSCRIPT re: Preliminary Injnction Hearing (Cont'd) MORNING SESSION held on December 1, 2017 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Steven Vacek Release of Transcript Restriction set for 3/2/2018., filed. (mahenry, )
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Filing 133
TRANSCRIPT re: Preliminary Injunction Hearing (Cont'd) AFTERNOON SESSION held on December 1, 2017 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Steven Vacek Release of Transcript Restriction set for 3/2/2018., filed. (mahenry, )
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Filing 135
Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. Preliminary INJUNCTION HEARING DAY 4 held on 12/1/2017. Exhibits ADMITTED on the record. Sworn Testimony taken. Video depositions of Janet Sessarego, and Marc Chagnon. Witnesses: Guy Skinner, Bruce V. Hartley. Appearances: Elizabeth Frances Eoff, Timothy R Geiger, Christopher Lee Dodson, Sean R D Gorman, Marlo A. Pecora, Grant Bellows Martinez, Emily McLemore Smith, R Paul Yetter, Rachel Elizabeth Epstein, Andrew Mark Berdon, Richard Irving Werder, Jr, Donald John Reinhard, II. Wesley Hartman, Todd Anten.(ERO:Yes), filed.(sjones, 4)
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Filing 132
Transcript (Sealed) of proceedings held on held on November 30, 2017. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC, filed. (mahenry, )
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Filing 131
Notice of Filing of Official Transcript as to #128 Transcript, #127 Transcript, #126 Transcript,. Party notified, filed. (mmapps, 4)
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Filing 130
TRANSCRIPT re: Preliminary Injunction Hearing (Morning Session) held on November 28, 2017 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Steven Vacek Release of Transcript Restriction set for 3/1/2018., filed. (mahenry, )
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Filing 129
Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. Preliminary INJUNCTION HEARING DAY 3 held on 11/30/2017. Exhibits ADMITTED on the record. Sworn testimony taken. Video depositions of Howard Rogers and Alfonza Mays. Witnesses: Chet Fenner (SEALED testimony), Christopher Gerardi. Appearances: Elizabeth Frances Eoff, Timothy R Geiger, Christopher Lee Dodson, Sean R D Gorman, Marlo A. Pecora, Kimberly Eden Carson, Grant Bellows Martinez, Emily McLemore Smith, R Paul Yetter, Rachel Elizabeth Epstein, Andrew Mark Berdon, Richard Irving Werder, Jr, Donald John Reinhard, II, Wesley Hartman, Todd Anten.(ERO:Yes), filed.(sjones, 4)
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Filing 128
TRANSCRIPT re: Preliminary Injunctio Hearing (Cont'd) (AFTERNOON SESSION) held on November 29, 2017 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Steven Vacek Release of Transcript Restriction set for 2/28/2018., filed. (mahenry, )
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Filing 127
TRANSCRIPT re: Preliminary Injunction Hearing (Afternoon Session) held on November 28, 2017 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Steven Vacek Release of Transcript Restriction set for 2/28/2018., filed. (mahenry, )
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Filing 126
TRANSCRIPT re: Preliminary Injunction Hearing (Cont'd) - (MORNING SESSION ONLY) held on November 29, 2017 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Steven Vacek Release of Transcript Restriction set for 2/28/2018., filed. (mahenry, )
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Filing 125
Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. Preliminary INJUNCTION HEARING DAY 2 held on 11/29/2017. Exhibits ADMITTED on the record. Sworn Testimony taken; Video deposition. Witnesses: Nicholas Pachnos, Edward Conway. Appearances: Elizabeth Frances Eoff, Timothy R Geiger, Christopher Lee Dodson, Sean R D Gorman, Marlo A. Pecora, Grant Bellows Martinez, Emily McLemore Smith, R Paul Yetter, Rachel Elizabeth Epstein, Andrew Mark Berdon, Richard Irving Werder, Jr, Donald John Reinhard, II, Wesley Hartman, Todd Anten.(ERO:Yes), filed.(sjones, 4)
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Filing 124
AO 435 TRANSCRIPT REQUEST by BMC/Sean Gorman for Transcript of Preliminary Injunction Hearing, 11/29/2017 - 12/01/2017, Judge Nancy Johnson. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean) Electronically forwarded audio from 11/29/2017 to Judicial Transcribers on 11/29/2017. Estimated completion date 11/30/2017. Modified on 11/29/2017 (ShoshanaArnow, 4).
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Filing 123
AO 435 TRANSCRIPT REQUEST by IBM/Steven Vacek for Transcript of Full day's proceedings 11/29/17 - 12/1/17. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas. (yhausmann, 6)Electronically forwarded audio from 11/29/2017 to Judicial Transcribers on 11/29/2017. Estimated completion date 11/30/2017. Modified on 11/29/2017 (ShoshanaArnow, 4).
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Filing 122
AO 435 TRANSCRIPT REQUEST by BMC/Sean Gorman for Transcript of Preliminary Injunction Hearing, 11/28/2017, Judge Nancy Johnson. Hourly turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean) Electronically forwarded to JTT 11/29/2017. Estimated Transcript Completion Date: N/A Transcript was requested hourly.
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Filing 121
AO 435 TRANSCRIPT REQUEST by Steven Vacek for Transcript of Judge Nancy Johnson, 11/28/2017. Hourly turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (mmapps, 4) Electronically forwarded to JTT 11/29/2017. Estimated Transcript Completion Date: N/A Transcript was requested hourly.
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***Set/Reset Deadlines/Hearings: Preliminary Injunction Hearing continued for 11/29/2017 at 09:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson (sjones, 4)
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***Set/Reset Deadlines/Hearings: Preliminary Injunction Hearing continued for 11/30/2017 at 09:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson (sjones, 4)
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***Set/Reset Deadlines/Hearings: Preliminary Injunction Hearing continued for 12/1/2017 at 09:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson (sjones, 4)
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Filing 120
Minute Entry for proceedings held before Magistrate Judge Nancy K Johnson. Preliminary INJUNCTION HEARING DAY 1 held on 11/28/2017. Exhibits ADMITTED on the record. Sworn Testimony taken. Witnesses: Brian Jones, Geoffrey Decker, Nicholas Pachnos. Appearances: Elizabeth Frances Eoff, Timothy R Geiger, Christopher Lee Dodson, Sean R D Gorman, Marlo A. Pecora, Grant Bellows Martinez, Emily McLemore Smith, R Paul Yetter, Rachel Elizabeth Epstein, Andrew Mark Berdon, Richard Irving Werder, Jr, Donald John Reinhard, II, Wesley Hartman, Todd Anten. (ERO:Yes), filed.(sjones, 4)
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Filing 119
ORDER granting #111 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 118
ORDER granting #114 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 117
ORDER granting #113 Motion for Leave to File Excess Pages.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 116
APPENDIX re: #115 Sealed Event by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 115
Sealed Event, filed. (With attachments)
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Filing 114
Unopposed MOTION to Seal BMC Software, Inc.'s Reply in Support of Application for Preliminary Injunction.Motions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 12/18/2017. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 113
MOTION for Leave to File Excess PagesMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 12/18/2017. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 112
Sealed Event, filed. (With attachments)
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Filing 111
Unopposed MOTION to Seal IBM's Supplemental Brief in Opposition to BMC's Request for a Preliminary InjunctionMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 12/12/2017. (Smith, Emily)
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Filing 110
Sealed Event, filed. (With attachments)
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Filing 109
ORDER granting #105 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 108
ORDER granting #107 Motion for Leave to File Excess Pages.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 107
Unopposed MOTION for Leave to File Excess PagesMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 12/11/2017. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 106
Sealed Event, filed. (With attachments)
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Filing 105
Unopposed MOTION to Seal IBM's Opposition to BMC's Request for a Preliminary InjunctionMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 12/11/2017. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 102
Notice of Filing of Official Transcript as to #101 Transcript,. Party notified, filed. (hcarr, 4)
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Filing 101
TRANSCRIPT re: Telephonic Status Conference held on October 18, 2017 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Sean Gorman Release of Transcript Restriction set for 2/12/2018., filed. (mahenry, )
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Filing 104
MINUTE ENTRY ORDER: Discovery Hearing held. Appearances: Rob Ellis, Elizabeth Frances Eoff, Christopher Lee Dodson, Andrew Mark Berdon. Ct Reporter: ERO. Digital Number: 3:34-3:50PM.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 103
Parties' pre-conference memo to the court, filed.(sjones, 4)
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Filing 100
NOTICE of Setting. Parties notified. Discovery Hearing set for 11/7/2017 at 03:00 PM in by telephone before Magistrate Judge Nancy K Johnson, filed. (sjonesadi, 4)
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Filing 99
ORDER granting #90 Motion for Leave to File Excess Pages.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 98
ORDER granting #91 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 97
APPENDIX re: #92 Sealed Event by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 96
Fourth APPENDIX re: #92 Sealed Event by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 95
Third APPENDIX re: #92 Sealed Event by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 94
Second APPENDIX re: #92 Sealed Event by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 93
First APPENDIX re: #92 Sealed Event by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 92
Sealed Event, filed. (With attachments)
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Filing 91
Unopposed MOTION to Seal BMC's Supplement to, and Brief in Support of, Application for Preliminary Injunction and Exhibits A - QMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 11/24/2017. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 90
Unopposed MOTION for Leave to File Excess PagesMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 11/24/2017. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 89
NOTICE of Appearance by Timothy R.Geiger on behalf of BMC Software, Inc., filed. (Geiger, Timothy)
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Filing 88
NOTICE of Appearance by Jeffrey L. Oldham on behalf of BMC Software, Inc., filed. (Oldham, Jeffrey)
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Filing 87
JOINT DISCOVERY/CASE MANAGEMENT PLAN by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 86
AO 435 TRANSCRIPT REQUEST by Tracey Ebdon for Transcript of Telephonic Status Conf. 10/18/2017 Judge Nancy K. Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: N/A, filed. (jguajardo, 4) Electronically forwarded to JTT 11/2/2017. Estimated Transcript Completion Date: 11/9/2017.
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Filing 85
NOTICE of Appearance by Grant Martinez on behalf of International Business Machines Corporation, filed. (Yetter, R)
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Filing 84
AO 435 TRANSCRIPT REQUEST by BMC Software, Inc./Sean Gorman for Transcript of Telephonic Status Conference on October 18, 2017 before Magistrate Judge Nancy K. Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean)
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Filing 83
RETURN of Service Executed as to Rick Clyne on 10/27/17 re: Subpoena to Testify at Deposition and Deposition Notice, filed.(Gorman, Sean)
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Filing 82
ORDER granting #81 Motion.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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***Set/Reset Deadlines/Hearings: Preliminary Injunction Hearing reset for 11/28/2017 at 09:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson (sjones, 4)
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***Set/Reset Deadlines: Reply Brief due by 11/27/2017 (sjones, 4)
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Filing 81
Joint MOTION Joint Motion to Extend Hearing DateMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 11/16/2017. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 80
NOTICE of Cancellation (parties worked out issues) re: #78 Notice of Setting, filed. (sjones, 4)
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Filing 79
Notice of Filing of Official Transcript as to #77 Transcript,. Party notified, filed. (hcarr, 4)
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Filing 78
NOTICE of Setting. Parties notified. Status Conference set for 10/27/2017 at 02:00 PM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 77
TRANSCRIPT re: Status Conference held on October 16, 2017 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Sean Gorman Release of Transcript Restriction set for 1/22/2018., filed. (mahenry, )
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Filing 76
MINUTE ENTRY ORDER: Status Conference held. Appearances: (By phone) Rob Ellis, Tim Geiger, Elizabeth Frances Eoff, Christopher Lee Dodson, Sean R D Gorman, Andrew Mark Berdon. Ct Reporter: ERO. Digital Number: 10:05-10:19AM.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 74
NOTICE of Setting. Parties notified. Status Conference set for 10/18/2017 at 10:00 AM in by telephone before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 73
AO 435 TRANSCRIPT REQUEST by Steven Vacek for Transcript of Judge Nancy Johnson, 10/16/2017. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (mmapps, 4)Electronically forwarded to Judicial Transcribers on 10/17/2017. Estimated completion date 10/24/2017. Modified on 10/17/2017 Modified on 10/17/2017 (ShoshanaArnow, 4).
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Filing 75
MINUTE ENTRY ORDER: Discovery Hearing held. Appearances: Tim Geiger, Elizabeth Frances Eoff, Sean R D Gorman, R Paul Yetter, Rachel Elizabeth Epstein, Andrew Mark Berdon. Ct Reporter: ERO. Digital Number: 10:04AM-12:00PM. Preliminary Injunction Hearing reset for 11/27/2017 at 09:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 72
RETURN of Service Executed as to Richard Clyne on October 13, 2017 re: Subpoena to Testify at Deposition and Deposition Notice, filed.(Gorman, Sean)
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Filing 71
AO 435 TRANSCRIPT REQUEST by BMC Software, Inc./Sean Gorman for Transcript of Status Conference on October 16, 2017 before Magistrate Judge Nancy K. Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean)Electronically forwarded to Judicial Transcribers on 10/17/2017. Estimated completion date 10/24/2017. Modified on 10/17/2017 (ShoshanaArnow, 4).
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Filing 70
NOTICE of Setting. Parties notified. Status Conference set for 10/16/2017 at 10:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 69
ORDER granting #55 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 68
ORDER granting #62 Motion for Kimberly Eden Carson to Appear Pro Hac Vice.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 67
ORDER granting #64 Motion for John H. Chun to Appear Pro Hac Vice.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 66
ORDER granting #63 Motion for Marlo A. Pecora to Appear Pro Hac Vice.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 65
ORDER granting #60 Motion to Seal.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 64
MOTION for John H. Chun to Appear Pro Hac ViceMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 10/31/2017. (Yetter, R)
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Filing 63
MOTION for Marlo A. Pecora to Appear Pro Hac ViceMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 10/30/2017. (Yetter, R)
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Filing 62
MOTION for Kimberly E. Carson to Appear Pro Hac ViceMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 10/30/2017. (Yetter, R)
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Filing 61
Sealed Event, filed.
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Filing 60
Unopposed MOTION to Seal Defendant IBM's Answer to First Amended ComplaintMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 10/27/2017. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 59
ORDER Denying #49 Sealed application for temporary restraining order.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 58
ORDER Granting #57 Motion for Leave to File Excess Pages.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 57
Unopposed MOTION for Leave to File Excess PagesMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 10/24/2017. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 56
Sealed Event, filed. (With attachments)
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Filing 55
Unopposed MOTION to Seal Defendant IBM's Opposition to Plaintiff's Application for a Temporary Restraining OrderMotions referred to Nancy K Johnson. by International Business Machines Corporation, filed. Motion Docket Date 10/24/2017. (Attachments: #1 Proposed Order)(Yetter, R)
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Filing 54
ORDER - Defendant is ORDERED to file its response to plaintiff's application for temporary restraining order no later than noon on Tuesday, October 3, 2017. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 53
NOTICE /Notification of Withdrawal re: #30 Sealed Event by International Business Machines Corporation, filed. (Yetter, R)
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Filing 52
ORDER granting #48 Motion for Leave to File.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 51
APPENDIX re: #50 Redacted Document,, by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 50
REDACTION to #49 Sealed Event, #48 Unopposed MOTION for Leave to File SEALED Application for Temporary Restraining Order by BMC Software, Inc., filed. (Attachments: #1 Exhibit 1 - slip sheet for under seal doc, #2 Exhibit 2 - slip sheet for under seal doc, #3 Exhibit 3 - slip sheet for under seal doc, #4 Exhibit 4 - slip sheet for under seal doc, #5 Exhibit 5 - slip sheet for under seal doc, #6 Exhibit 6 - slip sheet for under seal doc, #7 Exhibit 7 - Jones Declaration 1 Redac, #8 Exhibit 8 - Chagnon Declaration, #9 Proposed Order Granting TRO)(Gorman, Sean)
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Filing 49
Plaintiff's SEALED Application for Temporary Restraining Order, filed. (With attachments) Modified on 10/2/2017 (rkonieczny, 4).
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Filing 48
Unopposed MOTION for Leave to File SEALED Application for Temporary Restraining OrderMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 10/19/2017. (Attachments: #1 Proposed Order)(Gorman, Sean)
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Filing 47
Notice of Filing of Official Transcript as to #46 Transcript,. Party notified, filed. (hcarr, 4)
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Filing 46
TRANSCRIPT re: Scheduling Conference held on September 18, 2017 before Magistrate Judge Nancy K Johnson. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Sean Gorman Release of Transcript Restriction set for 12/26/2017., filed. (mahenry, )
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Filing 45
ORDER granting #41 Motion for Leave to File.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 44
ORDER granting #39 Motion for Leave to File.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 43
ORDER granting #36 Motion for Leave to File.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 42
Sealed Event, filed. (With attachments)
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Filing 41
Unopposed MOTION for Leave to File sealed BMC Motion to StrikeMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 10/13/2017. (Attachments: #1 Proposed Order on BMC Mt for Leave to File Under Seal)(Gorman, Sean)
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Filing 40
Sealed Event, filed. (With attachments)
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Filing 39
Unopposed MOTION for Leave to File Under Seal Its Response to IBM's Motion to DismissMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 10/13/2017. (Attachments: #1 Proposed Order to File Under Seal Its Response)(Gorman, Sean)
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Filing 38
**STRICKEN JURY DEMAND ONLY PER ORDER #256 First AMENDED COMPLAINT with Jury Demand against International Business Machines Corporation filed by BMC Software, Inc.. (Attachments: #1 Exhibit 1 - Ridge Declaration, #2 Exhibit 2 - Jones Declaration redacted, #3 Exhibit 2A - slip sheet sealed doc, #4 Exhibit 3 - Chagnon Declaration, #5 Exhibit 4 - slip sheet sealed document, #6 Exhibit 5 - slip sheet sealed document, #7 Exhibit 6 - slip sheet sealed document)(Gorman, Sean) Modified on 8/30/2018 (sjones, 4).
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Filing 37
**STRICKEN JURY DEMAND ONLY PER ORDER #256 Plaintiff's SEALED First Amended Complaint and Application for Preliminary and Permanent Injunctive Relief, filed. (With attachments) Modified on 10/2/2017 (rkonieczny, 4). Modified on 8/30/2018 (sjones, 4).
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Filing 36
Unopposed MOTION for Leave to File SEALED First Amended Complaint and Application for Preliminary and Permanent Injunctive ReliefMotions referred to Nancy K Johnson. by BMC Software, Inc., filed. Motion Docket Date 10/13/2017. (Attachments: #1 Proposed Order for Leave to File Under Seal)(Gorman, Sean)
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Filing 34
AO 435 TRANSCRIPT REQUEST by Steven Vacek for Transcript of Status Conference 9/18/17 before Judge Johnson. Expedited (7 days) turnaround requested (copy). Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (smurdock, 4) Electronically forwarded to Judicial on 9/20/2017. Estimated Completion date 9/27/2017. (ShoshanaArnow)
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Filing 33
AO 435 TRANSCRIPT REQUEST by BMC Software, Inc./Sean Gorman for Transcript of Scheduling Conference/Discovery Dispute held on September 18, 2017 before Hon. Nancy K. Johnson. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Gorman, Sean) Electronically forwarded to Judicial on 9/20/2017. Estimated completion date 9/27/2017. Modified on 9/20/2017 (ShoshanaArnow, 4).
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Filing 35
MINUTE ENTRY ORDER: Scheduling Conference/Discovery Hearing held Appearances: Rob Eillis, Elizabeth Frances Eoff, Christopher Lee Dodson, Sean R D Gorman, R Paul Yetter, Rachel Elizabeth Epstein, Andrew Mark Berdon. Ct Reporter: ERO. Digital Number: 3:03-3:47AM. Deft Expert Report due by 3/2/2018. Deft Expert Witness List due by 3/2/2018. Discovery due by 5/18/2018. Dispositive Motion Filing due by 6/8/2018. Mediation due by 7/6/2018. Non-Dispositive Motion Filing due by 6/8/2018. Pltf Expert Report due by 1/5/2018. Pltf Expert Witness List due by 1/5/2018. Responses due by 9/26/2017. Preliminary Injunction Hearing set for 11/13/2017 at 09:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 32
NOTICE of Resetting. Parties notified. Scheduling Conference reset for 9/18/2017 at 03:00 PM in Courtroom 9D before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 218
Sealed Event, filed. (With attachments)
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Filing 31
ORDER granting #30 Sealed Motion.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 30
Sealed Event, filed. (With attachments)
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Filing 29
NOTICE of Resetting. Parties notified. Scheduling Conference reset for 8/30/2017 at 10:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 28
ORDER granting #22 Motion for Donald John Reinhard, II to Appear Pro Hac Vice.(Signed by Magistrate Judge Nancy K Johnson) Parties notified.(sjones, 4)
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Filing 27
NOTICE of Setting. Parties notified. Scheduling Conference set for 8/29/2017 at 10:00 AM in Courtroom 700 before Magistrate Judge Nancy K Johnson, filed. (sjones, 4)
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Filing 26
ORDER REFERRING CASE to Magistrate Judge Nancy K Johnson for full pretrial management.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 25
ORDER Granting #23 Motion for Richard Irving Werder, Jr. to Appear Pro Hac Vice.(Signed by Judge Gray H Miller) Parties notified.(jguajardo, 4)
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Filing 24
ORDER Granting #21 Motion for Andrew M. Berdon to Appear Pro Hac Vice.(Signed by Judge Gray H Miller) Parties notified.(jguajardo, 4)
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Filing 23
MOTION for Richard Irving Werder, Jr. to Appear Pro Hac Vice by International Business Machines Corporation, filed. Motion Docket Date 9/5/2017. (Yetter, R)
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Filing 22
MOTION for Donald John Reinhard II to Appear Pro Hac Vice by International Business Machines Corporation, filed. Motion Docket Date 9/5/2017. (Yetter, R)
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Filing 21
MOTION for Andrew Mark Berdon to Appear Pro Hac Vice by International Business Machines Corporation, filed. Motion Docket Date 9/5/2017. (Yetter, R)
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Filing 20
STIPULATION re: Agreed Stipulation To Extend Deadline to Answer or Otherwise Respond to Plaintiff's Complaint by International Business Machines Corporation, filed.(Yetter, R)
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Filing 19
CERTIFICATE OF INTERESTED PARTIES by BMC Software, Inc., filed.(Gorman, Sean)
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Filing 18
CORPORATE DISCLOSURE STATEMENT by International Business Machines Corporation, filed.(Yetter, R)
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Filing 17
CERTIFICATE OF INTERESTED PARTIES by International Business Machines Corporation, filed.(Yetter, R)
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Filing 16
ORDER granting #12 MOTION for Rachel Epstein to Appear Pro Hac Vice. (Signed by Judge Gray H Miller) Parties notified.(olindor, 4)
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Filing 15
ORDER Granting #3 Agreed Motion to Expedite discovery; terminating as moot #14 Motion for Entry of Order.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 14
Agreed MOTION for Entry of Order re: Permitting Agreed Expedited Discovery by BMC Software, Inc., filed. Motion Docket Date 8/31/2017. (Attachments: #1 Proposed Order Agreed Order Permitting Expedited Discovery)(Gorman, Sean)
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Filing 13
NOTICE of Appearance by Diane M. Crabtree on behalf of BMC Software, Inc., filed. (Crabtree, Diane)
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Filing 12
MOTION for Rachel Epstein to Appear Pro Hac Vice by International Business Machines Corporation, filed. Motion Docket Date 8/29/2017. (Attachments: #1 Unredacted attachment 1, #2 Unredacted attachment 2)(Yetter, R)
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Filing 11
AGREED PROTECTIVE ORDER Granting #10 Joint MOTION for Protective Order. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
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Filing 10
Joint MOTION for Protective Order by BMC Software, Inc., filed. Motion Docket Date 8/28/2017. (Attachments: #1 Proposed Order Agreed Protective Order)(Gorman, Sean)
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Filing 9
NOTICE of Appearance by Christopher L. Dodson on behalf of BMC Software, Inc., filed. (Dodson, Christopher)
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Filing 8
NOTICE of Appearance by Elizabeth F. Eoff on behalf of BMC Software, Inc., filed. (Eoff, Elizabeth)
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Filing 7
RETURN of Service of SUMMONS Executed as to BMC Software, Inc. served on 7/24/2017, answer due 8/14/2017, filed.(Gorman, Sean)
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Filing 6
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 10/31/2017(Signed by Judge Gray H Miller) Parties notified.(ckrus, 4)
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Summons Issued as to International Business Machines Corporation. Issued summons delivered to plaintiff by First-class mail, filed.(hler, 4)
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Filing 5
CORPORATE DISCLOSURE STATEMENT by BMC Software, Inc. identifying Boxer Parent Company, Inc. as Corporate Parent, filed.(Gorman, Sean)
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Filing 4
Sealed Event, filed. (With attachments)
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Filing 3
MOTION to Expedite Discovery by BMC Software, Inc., filed. Motion Docket Date 8/11/2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order)(Gorman, Sean)
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Filing 2
Request for Issuance of Summons as to BMC Software, Inc., filed.(Gorman, Sean)
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Filing 1
COMPLAINT against BMC Software, Inc. (Filing fee $ 400 receipt number 0541-18684291) filed by BMC Software, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit 3, #7 Civil Cover Sheet)(Gorman, Sean)
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