Altice USA Incorporated et al v. Horton et al
| Altice USA Incorporated and Universal Cable Holdings Incorporated doing business as Suddenlink |
| Michael Horton, ALLO Communications LLC and ALLO Arizona LLC |
| 3:2022cv08052 |
| March 31, 2022 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 21, 2022. A more recent docket listing may be available from PACER.
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Filing 38
ORDER granting #37 Stipulation for Entry of Permanent Injunction: Horton will abide by the restrictive covenant terms contained in Section 12 of the 2017 Long Term Incentive Plan Form of Nonqualified Stock Option Award Agreement. Horton shall not use or divulge Altices confidential and proprietary information. Within 5 business days of this Order, Horton will submit a declaration to Altice. The Court hereby vacates the Agreed Order (Doc. #30 ). All claims against Horton and ALLO are dismissed with prejudice, and no fees or costs are awardable to Altice, Horton, or ALLO for the litigation, through the date of this Order. Signed by Judge Dominic W Lanza on 6/21/22. (DXD)
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| Filing 37 STIPULATION Joint Stipulation for Entry of Permanent Injunction and Dismissal with Prejudice by ALLO Arizona LLC, ALLO Communications LLC, Michael Horton. (Attachments: #1 Proposed Order Permanent Injunction)(Pasqualone, Laura) |
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Filing 36
ORDER: The Court having received notice that this case has settled between the parties (Doc. #35 ), IT IS ORDERED that the Clerk of Court shall, without further notice, DISMISS this entire case on June 27, 2022, and shall enter judgment accordingly, unless prior thereto a party files a request for reinstatement on the Court's trial calendar. IT IS FURTHER ORDERED that all deadlines and hearings are vacated and that all pending motions are denied as moot. Signed by Judge Dominic W Lanza on 5/9/22. (MAW)
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| Filing 35 NOTICE of Settlement Joint Notice of Settlement by ALLO Arizona LLC, ALLO Communications LLC. (Pasqualone, Laura) |
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Filing 34
ORDER: IT IS ORDERED that parties' second stipulation for extension (Doc. #33 ) is granted. Defendants' deadline to answer or respond to Plaintiffs' First Amended Complaint is May 11, 2022. Ordered by Judge Dominic W Lanza on 5/2/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 33 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Second Request - Stipulation to Extend Time to Answer or Respond to First Amended ComplaintT by ALLO Arizona LLC, ALLO Communications LLC. (Attachments: #1 Proposed Order Order)(Pasqualone, Laura) |
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Filing 32
ORDER: IT IS ORDERED that the parties' Stipulation to Extend Time to Answer or Respond to First Amended Complaint (Doc. #31 ) is granted. Defendants' deadline to answer or respond to Plaintiffs' First Amended Complaint shall be May 3, 2022. Ordered by Judge Dominic W Lanza on 4/25/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 31 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Stipulation to Extend Time to Answer or Respond to First Amended Complaint by ALLO Arizona LLC, ALLO Communications LLC. (Attachments: #1 Proposed Order Order)(Pasqualone, Laura) |
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Filing 30
ORDER: IT IS ORDERED that the parties' joint stipulation for an entry of agreed order (Doc. #29 ) is granted, and the Temporary Restraining Order hearing set for Wednesday April 13, 2022, at 10:00 a.m. is vacated. IT IS FURTHER ORDERED setting a preliminary injunction hearing on Wednesday, May 18, 2022, at 9:30 a.m. (Arizona time) in Courtroom 604, Sandra Day O'Connor Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Each side shall have 90 minutes to present evidence and/or make legal argument. If the parties believe this allocation is insufficient, they shall file a joint motion by May 13, 2022, explaining how much additional time is needed and explaining why. IT IS FURTHER ORDERED that Defendants shall file a response to Plaintiffs' motion for preliminary injunction by Monday, May 9, 2022. Plaintiffs may file a reply by Friday, May 13, 2022 [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/12/22. (MAW)
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| Filing 29 STIPULATION (Joint) for an Entry of Agreed Order by Altice USA Incorporated, Universal Cable Holdings Incorporated. (Brown, Jessica) |
| Filing 28 SERVICE EXECUTED filed by Altice USA Incorporated, Universal Cable Holdings Incorporated: Notice of Service re: Preliminary Order Served upon Michael Horton on April 7, 2022. (Brown, Jessica) |
| Filing 27 SERVICE EXECUTED filed by Altice USA Incorporated, Universal Cable Holdings Incorporated: Notice of Service re: Preliminary Order and Amended Complaint Served upon Michael Horton on 4/8/2022. (Brown, Jessica) |
| Filing 26 NOTICE re: VERIFICATION OF SERVICE by Altice USA Incorporated, Universal Cable Holdings Incorporated re: #18 MOTION for Leave to File Motion for Temporary Restraining Order and Preliminary Injunction and Supporting Memorandum in Excess of the Page Limit, #17 Memorandum, #21 Order, #16 MOTION for Temporary Restraining Order and Preliminary Injunction, #19 Lodged Proposed Document. (Brown, Jessica) |
| Filing 25 NOTICE of Appearance by James Burr Shields, II on behalf of Michael Horton. (Shields, James) |
| Filing 24 SERVICE EXECUTED filed by Altice USA Incorporated, Universal Cable Holdings Incorporated: Affidavit of Service re: Amended Verified Complaint for Damages and Injunctive Relief and Preliminary Order upon Allo Communications (Tiffani Walvoord) on 04/06/2022. (Brown, Jessica) |
| Filing 23 **Incorrect pdf attached - correct document refiled at Doc. #24 ** SERVICE EXECUTED filed by Altice USA Incorporated, Universal Cable Holdings Incorporated: Affidavit of Service re: Amended Verified Complaint for Damages and Injunctive Relief and Preliminary Order upon Tiffani Walvoord on 04/06/2022. (Brown, Jessica) Modified on 4/8/2022 (SST). |
| Filing 22 NOTICE of Appearance by Laura Mary Pasqualone on behalf of ALLO Arizona LLC, ALLO Communications LLC. (Pasqualone, Laura) |
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Filing 21
ORDER - Plaintiffs shall serve Defendants with the TRO Motion and related filings (Docs. #16 , #17 , #18 , #19 ) and this Order by 4/8/22, and then file verification of such service on the docket. Defendants shall file a response to Plaintiffs' TRO Motion (Doc. #16 ) by 4/12/22, at 12:00 p.m. Motion Hearing as to #16 MOTION for Temporary Restraining Order set for 4/13/2022 at 10:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge Dominic W Lanza. Plaintiffs' Motion to Exceed the Page Limit (Doc. #18 ) is granted. Signed by Judge Dominic W Lanza on 4/7/22. (DXD)
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| Filing 20 SERVICE EXECUTED filed by Altice USA Incorporated, Universal Cable Holdings Incorporated: Proof of Service re: Summons Served upon Allo Arizona LLC on 04/06/2022. (Brown, Jessica) |
| Filing 19 **Granted per Order #21 , Duplicate of Doc #18 ** LODGED Proposed Memorandum on Support of Motion for TRO and Preliminary Injunction re: #18 MOTION for Leave to File Motion for Temporary Restraining Order and Preliminary Injunction and Supporting Memorandum in Excess of the Page Limit. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Altice USA Incorporated, Universal Cable Holdings Incorporated. (Brown, Jessica) Modified on 4/7/2022 (DXD). |
| Filing 18 MOTION for Leave to File Motion for Temporary Restraining Order and Preliminary Injunction and Supporting Memorandum in Excess of the Page Limit by Altice USA Incorporated, Universal Cable Holdings Incorporated. (Brown, Jessica) |
| Filing 17 MEMORANDUM in Support of #16 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Altice USA Incorporated, Universal Cable Holdings Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Brown, Jessica) |
| Filing 16 MOTION for Temporary Restraining Order and Preliminary Injunction by Altice USA Incorporated, Universal Cable Holdings Incorporated. (Brown, Jessica) |
| Filing 15 Summons Issued as to ALLO Arizona LLC. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Remark: Pro hac vice motion(s) granted for Julie N Garabedian on behalf of Plaintiff Altice USA Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 14 SERVICE EXECUTED filed by Altice USA Incorporated: Proof of Service re: Summons Served upon Allo Communications LLC on 04/04/2022. (Brown, Jessica) |
| Filing 13 SERVICE EXECUTED filed by Altice USA Incorporated: Proof of Service re: Summons Served upon Michael Horton on 04/02/2022. (Brown, Jessica) |
| Filing 12 SUMMONS Submitted by Altice USA Incorporated. (Brown, Jessica) |
| Filing 11 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Altice USA Incorporated, Universal Cable Holdings Incorporated . (Attachments: #1 Exhibit A)(Brown, Jessica) |
| Filing 10 AMENDED COMPLAINT Plaintiffs Altice USA, Inc. and Universal Cable Holdings, Inc. d/b/a Suddenlink's Amended Verified Complaint for Damages and Injunctive Relief against ALLO Communications LLC, Michael Horton filed by Altice USA Incorporated, Universal Cable Holdings Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Brown, Jessica) |
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Filing 9
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on June 30, 2022, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/4/22. (MAW)
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| Remark: Pro hac vice motion(s) granted for Josef S Glynias on behalf of Plaintiffs Altice USA Incorporated, Universal Cable Holdings Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 8 Summons Issued as to ALLO Communications LLC. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 7 AMENDED DOCUMENT by Altice USA Incorporated. Amendment to #3 Summons Submitted to replace Dkt 3-1 (Summons to ALLO directing to Arizona Corporate Commission). (Brown, Jessica) |
| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Universal Cable Holdings Incorporated, Altice USA Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type; Document not in compliance with LRCiv 7.1(a)(1) - Title Page does not include filing attorney information in upper left corner. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) |
| Filing 5 Summons Issued as to ALLO Communications LLC, Michael Horton. (Attachments: #1 Summons, #2 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 Filing fee paid, receipt number AAZDC-20509903. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-22-08052-PCT-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) |
| Filing 3 SUMMONS Submitted by Altice USA Incorporated, Universal Cable Holdings Incorporated. (Brown, Jessica) (Attachments: #1 Summons, #2 Summons)(BAC) |
| Filing 2 Corporate Disclosure Statement by Altice USA Incorporated. (Brown, Jessica) (BAC) |
| Filing 1 COMPLAINT. Filing fee received: $402.00, receipt number AAZDC-20509903 filed by Altice USA Incorporated, Universal Cable Holdings Incorporated. (Brown, Jessica) (Attachments: #1 Civil Cover Sheet, #2 Exhibit EX 1, #3 Exhibit EX 2, #4 Exhibit EX 3, #5 Exhibit EX 4, #6 Exhibit EX 5, #7 Exhibit EX 6)(BAC) |
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