Luxpro Corporation v. Apple, Inc.
Plaintiff Luxpro Corporation alleged that Defendant Apple, Inc. engaged in a scheme to interfere with Plaintiff's existing and prospective business relations and monopolize the worldwide MP3 market. Specifically, Plaintiff alleged that Defendant pressured Plaintiff's business partners and published false statements concerning Plaintiff's products and business.
| Luxpro Corporation |
| Apple, Inc. |
| 4:2008cv04092 |
| October 14, 2008 |
| US District Court for the Western District of Arkansas |
| Personal Property: Other Office |
| Outside U.S. |
| Harry F. Barnes |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Property Damage |
Docket Report
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| Remark - Case transferred thru civil case extract (cnn) |
Filing 83
ORDER TRANSFERRING CASE to District of Northern California in accordance with 82 Mandate issued by United States Court of Appeals for the Eighth Circuit. Signed by Honorable Harry F. Barnes on July 7, 2010. (cap)
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| Filing 82 MANDATE (USCA) RE PETITION FOR WRIT OF MANDAMUS granting as to 57 Petition for Writ of Mandamus Notice (USCA) filed by Apple, Inc. and directing the district court to transfer this action to the Northern District of California. (Attachments: # 1 USCA Judgment, # 2 USCA Opinion)(cap) |
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TEXT ONLY ORDER granting 81 Motion to Withdraw as Attorney. Attorney Leisa B. Pearlman terminated. Signed by Honorable Harry F. Barnes on June 17, 2010. (ljl) Modified on 6/17/2010 (cnn).
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Filing 81
MOTION of Leisa B. Pearlman to Withdraw as Attorney for Plaintiff by Luxpro Corporation. (McGaha, Corey)
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Filing 80
REPLY by Apple, Inc. re 69 Notice (Other) In Support of its Request for Judicial Notice. (Plunkett, Stuart)
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Filing 79
AFFIDAVIT filed by Apple, Inc. re 77 Reply to Response to Motion to Dismiss the Second Amended Complaint. (Attachments: # 1 Exhibit A)(Plunkett, Stuart)
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Filing 78
AFFIDAVIT filed by Apple, Inc. re 77 Reply to Response to Motion to Dismiss the Second Amended Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Plunkett, Stuart)
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Filing 77
REPLY to Response to Motion re 66 MOTION to Dismiss the Second Amended Complaint filed by Apple, Inc.. (Plunkett, Stuart)
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TEXT ONLY ORDER granting 76 Motion for Extension of Time to File Response/Reply to April 29, 2010. Signed by Honorable Harry F. Barnes on April 13, 2010. (ljl)
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Filing 76
MOTION for Extension of Time to File Response/Reply by Apple, Inc.. (Attachments: # 1 Supplement)(Pratt, James)
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Filing 75
RESPONSE & BRIEF in Opposition re 66 MOTION to Dismiss the Second Amended Complaint filed by Luxpro Corporation. (Cockrell, Phillip) Modified on 3/30/2010 to add text (cap).
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Filing 74
RESPONSE by Luxpro Corporation re 69 Notice (Other) Plaintiff's Response and Objection to Defendant's Request for Judicial Notice in Support of Motion to Dismiss the Second Amended Complaint. (Cockrell, Phillip)
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TEXT ONLY ORDER granting 73 Motion for Extension of Time to File Response to March 29, 2010. Signed by Honorable Harry F. Barnes on March 20, 2010. (ljl)
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Filing 73
Unopposed MOTION for Extension of Time to File Response/Reply as to 66 MOTION to Dismiss the Second Amended Complaint by Luxpro Corporation. (Cockrell, Phillip)
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TEXT ONLY ORDER granting 72 Motion for Extension of Time to File Response/Reply to March 22, 2010. Signed by Honorable Harry F. Barnes on March 12, 2010. (ljl)
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Filing 72
Unopposed MOTION for Extension of Time to File Response/Reply as to 66 MOTION to Dismiss the Second Amended Complaint by Luxpro Corporation. (Cockrell, Phillip)
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Filing 71
REPLY to Response to Motion re 65 MOTION for Entry of Scheduling Order Under Federal Rules of Civil Procedure 16 filed by Luxpro Corporation. (Cockrell, Phillip)
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Filing 70
RESPONSE in Opposition re 65 MOTION for Entry of Scheduling Order Under Federal Rules of Civil Procedure 16 filed by Apple, Inc.. (Attachments: # 1 Exhibit A)(Plunkett, Stuart)
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Filing 69
NOTICE by Apple, Inc. re 66 MOTION to Dismiss the Second Amended Complaint Request for Judicial Notice (Plunkett, Stuart)
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Filing 68
AFFIDAVIT filed by Apple, Inc. re 66 MOTION to Dismiss the Second Amended Complaint. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Plunkett, Stuart)
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Filing 67
MEMORANDUM BRIEF in Support of 66 MOTION to Dismiss the Second Amended Complaint by Apple, Inc.. (Plunkett, Stuart)
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Filing 66
MOTION to Dismiss 62 the Second Amended Complaint by Apple, Inc.. (Plunkett, Stuart) Modified on 3/1/2010 to add link (cap).
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Filing 65
MOTION for Entry of Scheduling Order Under Federal Rules of Civil Procedure 16 by Luxpro Corporation. (Attachments: # 1 Exhibit A ltr- Proposed Scheduling Order)(Cockrell, Phillip) Modified on 2/22/2010 to edit text (cap).
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TEXT ONLY ORDER granting 64 Motion for Extension of Time. Defendant has up to and including February 26, 2010 to respond to Plaintiff's Amended Complaint. Signed by Honorable Harry F. Barnes on January 28, 2010. (ljl)
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Filing 64
MOTION for Extension of Time to File Response/Reply by Apple, Inc.. (Attachments: # 1 Supplement)(Pratt, James)
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TEXT ONLY ORDER granting 63 Motion for Extension of Time to file a response to Plaintiff's second amended complaint to January 29, 2010. Signed by Honorable Harry F. Barnes on January 7, 2010. (ljl)
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Filing 63
MOTION for Extension of Time to File Response/Reply by Apple, Inc.. (Attachments: # 1 Supplement Proposed Order)(Pratt, James)
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Filing 62
AMENDED COMPLAINT with Jury Demand against Apple, Inc. Plaintiff's Second Amended Complaint, filed by Luxpro Corporation.(Cockrell, Phillip)
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Filing 61
ORDER granting 59 Motion for Leave to File second amended complaint. Signed by Honorable Harry F. Barnes on December 22, 2009. (tg)
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Filing 60
RESPONSE to Motion re 59 MOTION for Leave to File Second Amended Complaint Stipulation of Parties Agreeing to the filing of Second Amended Complaint and Extension of Time to Respond to Second Amended Complaint and Proposed Order filed by Apple, Inc.. (Pratt, James)
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Filing 59
MOTION for Leave to File Second Amended Complaint by Luxpro Corporation. (Attachments: # 1 Exhibit A Second Amended Complaint, # 2 Exhibit B Transcript 9-1-09 Hrg)(Adams, Richard) Modified on 12/8/2009 to edit labels (cap).
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Filing 58
ORDER of USCA granting in part respondent Luxpro Corporation's motion for extension of time to respond as to 57 Petition for Writ of Mandamus Notice (USCA), filed by Apple, Inc. (cap) Modified on 12/7/2009 to correct text (cap).
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Filing 57
NOTICE (USCA) that a PETITION FOR WRIT OF MANDAMUS has been filed as case number 09-3689, in the 8th Circuit Court of Appeals by Apple, Inc. for 50 Order on Motion to Transfer Case. (Attachments: # 1 Petition for Writ of Mandamus, # 2 Appendix of Exhibits to Petition, Part I, # 3 Appendix of Exhibits to Petition, Part II, # 4 Petitioner's Letter to 8USCA, # 5 Receipt of Payment by 8USCA)(cap)
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TEXT ONLY ORDER granting 56 Motion for Extension of Time to Amend Complaint. Plaintiff has up to and including December 7, 2009, to file its amended complaint. Signed by Honorable Harry F. Barnes on November 20, 2009. (ljl)
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Filing 56
Unopposed MOTION for Extension of Time to Amend Complaint by Luxpro Corporation. (Cockrell, Phillip)
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TEXT ONLY ORDER granting 55 Motion for Extension of Time to file a second amended complaint. Plaintiff has up to and including November 23, 2009, to file its second amended complaint. Signed by Honorable Harry F. Barnes on October 30, 2009. (ljl)
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Filing 55
Unopposed MOTION for Extension of Time to Amend First Amended Complaint by Luxpro Corporation. (Cockrell, Phillip)
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Filing 54
NOTICE OF FILING OFFICIAL TRANSCRIPT of Argument on Motions held on September 1, 2009, before Judge Harry F. Barnes. Court Reporter/Transcriber: Donna McKinney, Telephone number 870-862-1303. Envelope Number: 09-38. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before or after the deadline for Release of Transcript Restriction. After that date it, or a redacted transcript, may be obtained through PACER. A Notice of Intent to Request Redaction of the Transcript MUST be filed within 7 calendar days of the filing of the transcript and served manually on the court reporter/transcriber. Redaction Request due 11/18/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/26/2010. (cap)
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Filing 53
ORDER granting 52 Motion for Extension of Time to File Response/Reply to second amended complaint; defendants are not required to answer first amended complaint, response to second amended complaint is due within 20 days of it being filed. Signed by Honorable Harry F. Barnes on October 12, 2009. (cnn)
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TEXT ONLY ORDER granting 51 Plaintiff's Motion for Extension of Time to Amend. Plaintiff shall file its Second Amended Complaint on or before November 2, 2009.. Signed by Honorable Harry F. Barnes on October 8, 2009. (alw)
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Filing 52
MOTION for Extension of Time to File Response/Reply and Other Relief by Apple, Inc.. (Pratt, James)
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Filing 51
Unopposed MOTION for Extension of Time to Amend Complaint by Luxpro Corporation. (Cockrell, Phillip)
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Filing 50
ORDER denying 25 Motion to Transfer Case. Signed by Honorable Harry F. Barnes on September 28, 2009. (cap)
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Filing 49
ORDER granting in part and denying in part 23 Motion to Dismiss; Luxpro directed to file any amendments to the complaint within 14 days. Signed by Honorable Harry F. Barnes on September 28, 2009. (cnn)
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Filing 48
MEMORANDUM OPINION. Signed by Honorable Harry F. Barnes on September 28, 2009. (cnn)
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TEXT ONLY ORDER granting Defendant's 47 Motion for Order requesting the Court take judicial notice of the July 7, 2009 decision of the Taiwan Supreme Court.Signed by Honorable Harry F. Barnes on September 25, 2009. (alw)
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Court Recording of Motion Hearing held on 9/1/09, by Court Reporter Donna McKinney, Tape No. DM 09-38, Location of Tape: El Dorado. (cnn)
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Filing 47
MOTION for Order in Support of Apple Inc.'s Motion to Dismiss by Apple, Inc.. (Attachments: # 1 Exhibit 1)(Crass, Kevin)
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Filing 46
Minute Entry for proceedings held before Honorable Harry F. Barnes: Motion Hearing held on 9/1/2009. (rwg)
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TEXT ONLY ORDER granting 28 Apple Inc.'s Motion for Order requesting the Court take judicial notice of 1) the injunction issued by a German court on March 14, 2005 and 2) an injunction issued by a Taiwanese court on August 18, 2005. Signed by Honorable Harry F. Barnes on August 26, 2009. (alw)
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Filing 45
ORDER Setting Hearing on Motions: Motion Hearing set for 9/1/2009 @ 10:00 AM in Texarkana -- 3rd flr (AR side) before Honorable Harry F. Barnes. Signed by Honorable Harry F. Barnes on August 24, 2009. (rwg)
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TEXT ONLY ORDER granting 44 Motion to Withdraw as Attorney. Attorney Sean F. Rommel terminated. Signed by Honorable Harry F. Barnes on July 2, 2009. (ljl)
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Filing 44
MOTION of Sean F. Rommel to Withdraw as Attorney by Luxpro Corporation. (Adams, Richard)
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Filing 43
ORDER granting 41 Motion to Withdraw as Attorney. Attorney Patricia L. Peden terminated. Signed by Honorable Harry F. Barnes on May 27, 2009. (cap)
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Filing 42
ORDER granting 40 Motion to Withdraw as Attorney. Attorney Nicholas H. Patton terminated. Signed by Honorable Harry F. Barnes on May 27, 2009. (cap)
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Filing 41
MOTION to Withdraw by Luxpro Corporation. (Peden, Patricia)
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Filing 40
MOTION to Withdraw by Luxpro Corporation. (Patton, Nicholas)
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Filing 39
SUPPLEMENT by Defendant Apple, Inc. to 25 MOTION to Transfer Case. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Crass, Kevin)
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Filing 38
REPLY in Support re 25 MOTION to Transfer Case filed by Apple, Inc.. (Crass, Kevin) Modified on 4/7/2009 to edit text (cap).
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Filing 37
REPLY in Support re 23 MOTION to Dismiss for Failure to State a Claim filed by Apple, Inc.. (Crass, Kevin) Modified on 4/7/2009 to edit text (cap).
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TEXT ONLY ORDER granting 36 Motion for Extension of Time to File Response/Reply to April 6, 2009. Signed by Honorable Harry F. Barnes on March 27, 2009. (ljl)
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Filing 36
MOTION for Extension of Time to File Response/Reply as to 23 Motion to Dismiss Case for Failure to State a Claim and as to 25 MOTION to Transfer Case by Apple, Inc. (Crass, Kevin) Modified on 3/25/2009 to create link and edit text (cap).
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Filing 35
***PLEASE DISREGARD - REFILED AS DOCUMENT 36 *** MOTION for Extension of Time to File Response/Reply by Apple, Inc. as to 23 Motion to Dismiss for Failure to State a Claim and as to 25 Motion to Transfer Case. (Crass, Kevin) Modified on 3/25/2009 to create document link and to note to disregard (cap).
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Filing 34
RESPONSE & BRIEF in Opposition re 23 MOTION to Dismiss for Failure to State a Claim Plaintiff Luxpro Corporation's Response to Defendant Apple, Inc.'s Motion to Dismiss for Failure to State a Claim filed by Luxpro Corporation. (Adams, Richard) Modified on 3/3/2009 to add text (cap).
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Filing 33
RESPONSE in Opposition re 25 MOTION to Transfer Case Plaintiff's Response in Opposition to Defendant's Motion to Transfer Venue and Brief in Support Thereof filed by Luxpro Corporation. (Attachments: # 1 Exhibit Ex A Declaration of Fu-Ching Wu)(Adams, Richard)
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TEXT ONLY ORDER granting 32 Plaintiff's Motion for Extension of Time to File Response to 3/2/2009. Defendant has up to and including 3/30/2009 to file its reply to Plaintiff's response to Defendant's Motion to Dismiss and Motion to Transfer. Signed by Honorable Harry F. Barnes on 2/17/2009. (ljl)
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Filing 32
Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Transfer Case, 23 MOTION to Dismiss for Failure to State a Claim by Luxpro Corporation. (Patton, Nicholas)
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TEXT ONLY ORDER granting 30 Motion for Extension of Time to File Response/Reply. Plaintiff has up to and including February 23, 2009, to file its Response to Defendant Apple, Inc's Motion to Dismiss and Motion to Transfer. Defendant has up to and including March 23, 2009, to file its Reply. Signed by Honorable Harry F. Barnes on 2/3/2009. (ljl)
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Filing 31
NOTICE of Appearance by Reid Davis Miller on behalf of Luxpro Corporation (Miller, Reid)
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Filing 30
Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Transfer Case, 23 MOTION to Dismiss for Failure to State a Claim by Luxpro Corporation. (Adams, Richard)
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Filing 29
Corporate Disclosure Statement by Apple, Inc.. (Crass, Kevin)
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Filing 28
MOTION for Order in Support of Apple, Inc.'s Motion for Transfer and Motion to Dismiss by Apple, Inc.. (Crass, Kevin)
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Filing 27
AFFIDAVIT filed by Apple, Inc. re 25 MOTION to Transfer Case, 23 MOTION to Dismiss for Failure to State a Claim of Thomas R. La Perle. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Crass, Kevin)
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Filing 26
MEMORANDUM BRIEF in Support of 25 MOTION to Transfer Case by Apple, Inc.. (Crass, Kevin)
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Filing 25
MOTION to Transfer Case by Apple, Inc.. (Crass, Kevin)
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Filing 24
MEMORANDUM BRIEF in Support of 23 MOTION to Dismiss for Failure to State a Claim by Apple, Inc.. (Crass, Kevin)
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Filing 23
MOTION to Dismiss for Failure to State a Claim by Apple, Inc.. (Crass, Kevin)
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Filing 22
NOTICE of Appearance by Glenn E. Janik on behalf of Luxpro Corporation (Janik, Glenn)
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Filing 21
NOTICE of Appearance by Patrick J. Conroy on behalf of Luxpro Corporation (Conroy, Patrick)
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Filing 20
NOTICE of Appearance by Jeremy Young Hutchinson on behalf of Luxpro Corporation (Hutchinson, Jeremy)
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Filing 19
NOTICE of Appearance by Stuart Christopher Plunkett on behalf of Apple, Inc. (Plunkett, Stuart)
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Filing 18
NOTICE of Appearance by Penelope A. Preovolos on behalf of Apple, Inc. (Preovolos, Penelope)
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TEXT ONLY ORDER granting 17 Motion to Appear Pro Hac Vice. Stuart C. Plunkett is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 11/13/2008. (ljl)
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TEXT ONLY ORDER granting 16 Motion to Appear Pro Hac Vice. Penelope A. Preovolos is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 11/13/2008. (ljl)
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Filing 17
MOTION to Appear Pro Hac Vice Stuart C. Plunkett by Apple, Inc.. (Crass, Kevin)
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Filing 16
MOTION to Appear Pro Hac Vice Penelope A. Preovolos by Apple, Inc.. (Crass, Kevin)
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Filing 15
NOTICE of Appearance by James M. Pratt, Jr on behalf of Apple, Inc. (Pratt, James)
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TEXT ONLY ORDER granting 13 Motion for Extension of Time. Defendant has up to and including December 19, 2008, to file responsive pleadings to Plaintiff's First Amended Complaint. Plaintiff has up to and including January 26, 2009, to respond to those pleadings. Defendant has up to and including February 6, 2009, to file any reply briefs. Signed by Honorable Harry F. Barnes on 11/12/2008. (ljl)
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Filing 14
NOTICE of Appearance by Sean F. Rommel on behalf of Luxpro Corporation (Rommel, Sean)
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Filing 13
MOTION to Extend Time by Apple, Inc.. (Crass, Kevin)
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Filing 12
NOTICE of Appearance by Kevin A. Crass on behalf of Apple, Inc. (Crass, Kevin)
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Filing 11
NOTICE of Appearance by Patricia L. Peden on behalf of Luxpro Corporation (Peden, Patricia)
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Filing 10
AFFIDAVIT of Service for Original Complaint, filed by Luxpro Corporation. Apple, Inc. served on 10/22/2008, answer due 11/12/2008. (Adams, Richard)
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TEXT ONLY ORDER granting 8 Motion to Appear Pro Hac Vice. Patricia L. Peden is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 10/27/2008. (ljl)
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Filing 9
NOTICE of Appearance by Leisa B. Pearlman on behalf of Luxpro Corporation (Pearlman, Leisa)
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Filing 8
MOTION to Appear Pro Hac Vice of Patricia L. Peden by Luxpro Corporation. (Patton, Nicholas)
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Filing 7
NOTICE of Appearance by Nicholas H. Patton on behalf of Luxpro Corporation (Patton, Nicholas)
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Filing 6
AMENDED COMPLAINT with Jury Demand against Apple, Inc., filed by Luxpro Corporation.(Adams, Richard)
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TEXT ONLY ORDER granting 4 Motion to Appear Pro Hac Vice. Glenn E. Janik is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 10/17/2008. (ljl)
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TEXT ONLY ORDER granting 3 Motion to Appear Pro Hac Vice. Patrick J. Conroy is directed to immediately register as a CM/ECF user if he/she has not already done so and enter his/her appearance in this matter. Signed by Honorable Harry F. Barnes on 10/17/2008. (ljl)
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Filing 5
NOTICE of Appearance by Phillip N. Cockrell on behalf of Luxpro Corporation (Cockrell, Phillip)
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Filing 4
MOTION to Appear Pro Hac Vice for Glenn E. Janik by Luxpro Corporation. (Adams, Richard)
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Filing 3
MOTION to Appear Pro Hac Vice for Patrick J. Conroy by Luxpro Corporation. (Adams, Richard)
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Filing 2
NOTICE of Appearance by Corey Darnell McGaha on behalf of Luxpro Corporation (McGaha, Corey)
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CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Plaintiff Luxpro Corporation. Complaint 1 lists multiple attorneys appearing for the filer. The following attorney(s), who did not sign the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case: Phillip N. Cockrell, Corey D. McGaha, Jeremy Y. Hutchinson. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED. (cap)
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Summons Issued as to Apple, Inc. and returned to attorney/plaintiff for service. (cap)
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Filing 1
COMPLAINT against Apple, Inc. ( Filing fee $ 350 receipt number 4000185.), filed by Luxpro Corporation.(cap)
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| Plaintiff: Luxpro Corporation | |
| Represented By: | Richard A. Adams |
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| Defendant: Apple, Inc. | |
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