KST Data, Inc. v. DXC Technology, et al
Plaintiff: KST Data, Inc.
Defendant: DXC Technology Company,, Enterprise Services LLC, DXC Technology and Does 1-100
Counter Defendant: Armando Tan and Mitchell Evans
Interested Party: DME Products and Systems, Inc. and Mr. Mitchell Evans
Case Number: 2:2017cv07927
Filed: October 30, 2017
Court: US District Court for the Central District of California
Presiding Judge: Steve Kim
Referring Judge: George H Wu
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 20, 2021 Opinion or Order Filing 263 ORDER GRANTING STIPULATION OF DISMISSAL WITH PREJUDICE by Judge George H. Wu, re Stipulation to Dismiss Case #262 . The Court hereby dismisses the above-captioned action in its entirety with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2), with each party to bear its own costs, including attorneys' fees. [Case Terminated. Made JS-6.] (et)
April 19, 2021 Filing 262 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(2) filed by Plaintiff KST Data, Inc.. (Attachments: #1 Proposed Order)(Leff, Randall)
April 1, 2021 Filing 261 MINUTES OF POST-MEDIATION STATUS CONFERENCE held before Judge George H. Wu. Settlement is not reached. The parties are reminded of pretrial and trial dates. The Court will entertain any extensions by either side by filing a stipulation or application. Court Reporter: Terri A. Hourigan. (mrgo)
April 1, 2021 Filing 260 AMENDED MINUTES OF SETTLEMENT CONFERENCE held before Magistrate Judge Steve Kim. Case called. Counsel state their appearances for the record. The parties are reminded that no recording, streaming, broadcasting, or screen capturing is permitted, and that the severest of sanctions may be imposed for those found in violation of this prohibition. The Court and parties conduct settlement discussions off the record. The parties are advised that all discussions were, and are, deemed to be confidential settlement discussions. Court Recorder: Zoom 03/31/21. (clee)
March 31, 2021 Filing 259 [SEE AMENDED MINUTES #260 ] MINUTES OF SETTLEMENT CONFERENCE held before Magistrate Judge Steve Kim. Case called. Counsel state their appearances for the record. The parties are reminded that no recording, streaming, broadcasting, or screen capturing is permitted, and that the severest of sanctions may be imposed for those found in violation of this prohibition. The Court and parties conduct settlement discussions off the record. The parties are advised that all discussions were, and are, deemed to be confidential settlement discussions. Court Recorder: Zoom 03/31/21. (clee) Modified on 4/1/2021 (clee).
March 30, 2021 Filing 258 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 04/01/2021 post mediation status conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
March 26, 2021 Filing 257 SCHEDULING NOTICE by Magistrate Judge Steve Kim. The Settlement Conference scheduled for May 31, 2021 has been ADVANCED AS TO TIME ONLY from 10:30 AM to 10:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
March 11, 2021 Opinion or Order Filing 256 ORDER RE REMOTE SETTLEMENT CONFERENCE WITH U.S. MAGISTRATE JUDGE KIM by Magistrate Judge Steve Kim. The Settlement Conference scheduled for March 31, 2021, at 10:30 AM shall take place remotely via Zoom video meeting. (see document for further details) (hr)
March 3, 2021 Filing 255 Notice of Appearance or Withdrawal of Counsel: for attorney Emilie Justine Zuccolotto counsel for Defendant Enterprise Services LLC, Counter Claimant Enterprise Services LLC. Adding Emilie J. Zuccolotto as counsel of record for Enterprise Services LLC for the reason indicated in the G-123 Notice. Filed by Defendant Enterprise Services LLC. (Attorney Emilie Justine Zuccolotto added to party Enterprise Services LLC(pty:dft), Attorney Emilie Justine Zuccolotto added to party Enterprise Services LLC(pty:cc))(Zuccolotto, Emilie)
February 2, 2021 Filing 254 SCHEDULING NOTICE TEXT ONLY-IN CHAMBERS by Magistrate Judge Steve Kim. A Settlement Conference is scheduled for March 31, 2021 at 10:30 AM before Magistrate Judge Steve Kim. A Settlement Conference Order with details regarding procedure will issue separately.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY
January 28, 2021 Filing 253 MINUTES OF TELEPHONIC CONFERENCE held before Judge George H. Wu. The Court sets the following: Discovery cut-off 5/31/2021. Motion hearing cutoff 10/21/2021. Jury Trial set for 11/30/2021 at 09:00 AM before Judge George H. Wu. Pretrial Conference set for 11/18/2021 at 08:30 AM before Judge George H. Wu. The Court refers the matter to Magistrate Judge Kim for settlement purposes. (Case reopened. MD JS-5.) Court Reporter: Terri A. Hourigan. (mrgo)
January 27, 2021 Filing 252 Notice of Appearance or Withdrawal of Counsel: for attorney Kenneth Paul Hsu counsel for Plaintiff KST Data, Inc.. Adding Kenneth P. Hsu as counsel of record for KST Data, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff KST Data, Inc.. (Attorney Kenneth Paul Hsu added to party KST Data, Inc.(pty:pla))(Hsu, Kenneth)
January 26, 2021 Filing 251 JOINT SUPPLEMENTAL REPORT filed by Defendant Enterprise Services LLC, Counter Claimant Enterprise Services LLC. (Potashner, Hilary)
January 21, 2021 Filing 250 MINUTES OF TELEPHONIC CONFERENCE held before Judge George H. Wu. For reasons stated on the record, the status conference is continued to January 28, 2021 at 8:30 a.m. The parties are to file a joint status report by noon on January 26, 2021. Court Reporter: Terri A. Hourigan. (lom)
January 20, 2021 Filing 249 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 01/21/2021 status conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
January 18, 2021 Filing 248 Joint Report re: Text Only Scheduling Notice, 246 (Potashner, Hilary)
January 14, 2021 Filing 247 Notice of Appearance or Withdrawal of Counsel: for attorney Randall S Leff counsel for Plaintiff KST Data, Inc.. Adding Randall S. Leff as counsel of record for KST Data, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff KST Data, Inc.. (Attorney Randall S Leff added to party KST Data, Inc.(pty:pla))(Leff, Randall)
January 6, 2021 Filing 246 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu; The Court ADVANCES the STATUS CONFERENCE previously scheduled for 01/25/2021 to 1/21/2021 at 08:30 AM before Judge George H. Wu. The parties are to file a joint report by January 18, 2021 as to proposed future dates in this litigation. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
January 5, 2021 Filing 245 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #216 , CCA # 19-55422. The judgment of this Court, entered November 17, 2020, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. The parties shall bear their own costs. [See USCA Opinion #237 and USCA Memorandum #238 , AFFIRMED IN PART, REVERSED IN PART, and REMANDED.] (mat)
January 4, 2021 Filing 244 NOTICE OF RULING ON PETITION FOR PANEL REHEARING AND HEARING EN BANC filed by Defendant and Counterclaimant Enterprise Services LLC. (Potashner, Hilary)
December 14, 2020 Opinion or Order Filing 243 ORDER VACATING ALL CURRENT DATES PENDING COURT OF APPEALS' RULING ON PETITION FOR REHEARING by Judge George H. Wu, re Stipulation to Vacate #241 . The Court sets a status conference for January 25, 2021 at 8:30 a.m. (mrgo)
December 14, 2020 Filing 241 STIPULATION to Vacate All Current Dates Pending Court Of Appeals Ruling On Petition For Rehearing filed by Defendant and Counterclaimant Enterprise Services LLC. (Attachments: #1 Proposed Order)(Potashner, Hilary)
December 10, 2020 Opinion or Order Filing 242 ORDER TO EXONERATE THE SUPERSEDEAS BOND POSTED BY DEFENDANT AND COUNTERCLAIMANT ENTERPRISE SERVICES LLC IN THE AMOUNT OF $6,600,799.25 by Judge George H. Wu, re Stipulation for Bond Exoneration #240 . IT IS ORDERED that the Supersedeas Bond (Bond No. 015207819) filed with the Court on April 7, 2020 (Dkt. 235, 235-1) in the amount of $6,600,799.25 is hereby exonerated. (mrgo)
December 8, 2020 Filing 240 STIPULATION for Bond Exoneration of undertaking filed by Defendant and Counterclaimant Enterprise Services LLC.(Attorney Hilary Potashner added to party Enterprise Services LLC(pty:dft))(Potashner, Hilary)
November 20, 2020 Filing 239 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu; The Court sets a SCHEDULING CONFERENCE for 12/21/2020 at 08:30 AM, with the parties to file a joint status report by December 17 on future dates in this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY
November 17, 2020 Filing 238 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals,, #216 filed by Enterprise Services LLC. CCA # 19-55422. The decision of the district court is AFFIRMED IN PART, REVERSED IN PART, and REMANDED. (mrgo)
November 17, 2020 Filing 237 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #216 filed by Enterprise Services LLC. CCA # 19-55422. The decision of the district court is REVERSED and REMANDED. (mrgo)
April 13, 2020 Filing 236 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge George H. Wu for all further proceedings. Case number will now read as 2:17-cv-07927-GW-SK. (sn)
April 7, 2020 Filing 235 NOTICE filed by Defendant Enterprise Services LLC. OF POSTING OF NEW SUPERSEDEAS BOND PURSUANT TO MARCH 20, 2020 COURT ORDER (Attachments: #1 Exhibit 1)(Larson, Stephen)
March 20, 2020 Filing 234 MINUTES (IN CHAMBERS) by Judge S. James Otero: MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT AND COUNTERCLAIMANT'S EX PARTE APPLICATION FOR APPROVAL OF SUPERSEDEAS BOND AND STAY OF EXECUTION OF JUDGMENT #232 . ES is ordered to post a supersedeas bond in the total amount of $6,600,799.25, which is 1.25 times the judgment sum. Any proceedings to enforce the Judgment or the Writ are stayed pending the determination of ES's appeal. (lc)
March 6, 2020 Filing 233 OPPOSITION re: EX PARTE APPLICATION to Stay pending Appeal and for Approval of Supersedeas Bond #232 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Declaration of Nicole Van Dyk)(Bowman, Ashley)
March 5, 2020 Filing 232 EX PARTE APPLICATION to Stay pending Appeal and for Approval of Supersedeas Bond filed by Defendant/Counterclaimant Enterprise Services LLC. (Attachments: #1 Exhibit 1 to Ex Parte Application, #2 Declaration of Attison L. Barnes, III, #3 Exhibit A to Declaration of Attison L. Barnes, III, #4 Exhibit B to Declaration of Attison L. Barnes, III, #5 Proposed Order) (Larson, Stephen)
February 18, 2020 Filing 231 Writ of Execution issued against Enterprise Services LLC re: Affidavit and Request for Issuance of Writ of Execution #230 . (lc)
February 14, 2020 Filing 230 Affidavit and Request for Issuance of Writ of Execution filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Writ Of Execution)(Van Dyk, Nicole)
January 14, 2020 Opinion or Order Filing 229 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals,, #216 filed by Enterprise Services LLC. CCA # 19-55422. Appellees motion to maintain portions of volume 6 of the excerpts of record under seal is granted. Appellees motion to seal volumes 2 and 3 of the supplemental excerpts of record is granted (SEE DOCUMENT FOR OTHER DETAILS) (lc)
December 9, 2019 Opinion or Order Filing 228 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #216 filed by Enterprise Services LLC. CCA # 19-55422. Appellant's motion to seal volumes 4 and 5 of the excerpts of record and the Declaration of Attison Barnes, III in support of the motion to seal is granted. Appellees' unopposed motion for an extension of time is granted. [See document for all details] (mat)
September 16, 2019 Opinion or Order Filing 227 MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANT ENTERPRISE SERVICES' MOTION FOR RECONSIDERATION [Docket No. 215] by Judge S. James Otero. Enterprise Service, LLC does not meet the extraordinary showing required on a motion for reconsideration. The Court DENIES ES' Motion For Reconsideration, ECF No. 215. See document for details. (smo)
July 19, 2019 Filing 226 BILL OF COSTS. Costs taxed in amount of $ 40,690.46 in favor of Plaintiff and against Enterprise Services, LLC re: #208 APPLICATION to the Clerk to Tax Costs against Defendant/Counter-Claimant Enterprise Services LLC re: Order on Motion for Judgment #207 . (wr)
June 5, 2019 Opinion or Order Filing 225 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #216 filed by Enterprise Services LLC. CCA # 19-55422. Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district court's resolution of the pending motion. Within 7 days after the district courts ruling on the pending motion, appellant shall notify this court in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The (9TH CCA) Clerk shall serve this order on the district court. (mat)
May 27, 2019 Filing 224 REPLY in Support of It's Motion for Reconsideration for Attorney Fees #215 filed by Defendant Enterprise Services LLC, Counter Claimants Enterprise Services LLC, Enterprise Services LLC, Movant Enterprise Services LLC. (Attachments: #1 Declaration of Attison L. Barnes, III with Exhibits A-G)(Attorney Stephen Gerard Larson added to party Enterprise Services LLC(pty:mov))(Larson, Stephen)
May 20, 2019 Filing 223 OPPOSITION to Defendant's Request-Motion for Reconsideration of Court's March 13 Award of Pre-Judgment Interest #215 ( re: for Attorney Fees #215 ); Defendant's Request #215 deemed to be a motion by Court Order at #221 , filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Declaration of Ashley D. Bowman, #2 Exhibit 1 to Bowman Declaration)(Van Dyk, Nicole)
May 13, 2019 Filing 222 DESIGNATION of Record on Appeal by Defendants Enterprise Services LLC (Larson, Stephen)
May 7, 2019 Filing 221 MINUTES (IN CHAMBERS) by Judge S. James Otero: The Court deems the Defendants Defendant's Request for Reconsideration of Court's March 13 Award of Pre-Judgment Interest filed within its Opposition to Notice of Motion and Motion forAttorney Fees #215 to be a motion and sets the following briefing schedule:Opposition is due by May 20, 2019; Reply is due by May 27, 2019. The motion stands submitted. (lc)
May 5, 2019 Filing 220 OBJECTION to KST's REPLY re: NOTICE OF MOTION AND MOTION for Attorney Fees #209 filed by Defendant Enterprise Services LLC. (Larson, Stephen)
April 29, 2019 Filing 219 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motion is suitable for disposition without oral argument and vacates the hearing on the MOTION for Attorney Fees filed by Plaintiff/Counter-Defendant KST Data, Inc.[ECF No. 209]., set for hearing on May 6, 2019. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
April 22, 2019 Filing 218 REPLY In Support Of NOTICE OF MOTION AND MOTION for Attorney Fees #209 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Declaration of Ashley D. Bowman, #2 Exhibit 1 to Bowman Declaration)(Van Dyk, Nicole)
April 12, 2019 Filing 217 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-55422 assigned to Notice of Appeal to 9th Circuit Court of Appeals,, #216 as to defendant Enterprise Services LLC. (lc)
April 11, 2019 Filing 216 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant and Cross Claimant Enterprise Services LLC. Appeal of Order on Motion for Leave to File Document Under Seal,,,, Order on Motion for Judgment,,,,,,,,,,, #207 , Order on Motion for Summary Judgment,,, #188 , Order on Motion to Dismiss,,, #90 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-23537920.) (Attachments: #1 Exhibit Representation Statement, #2 Attachment - Dkt 90, #3 Attachment - Dkt 188, #4 Attachment - Dkt 207)(Larson, Stephen)
April 10, 2019 Filing 215 OPPOSITION to NOTICE OF MOTION AND MOTION for Attorney Fees #209 and Defendant's Request for Reconsideration of Court's March 13 Award of Pre-Judgment Interest filed by Defendant Enterprise Services LLC, Counter Claimant Enterprise Services LLC. (Attachments: #1 Declaration of Laura R. Branden iso Defendant Enterprise Services Opposition, #2 Proposed Order)(Larson, Stephen) Modified on 5/7/2019 (lc). (DEEM MOTION FOR ATTORNEY FEES PER 5/7/19 MINUTES).
April 10, 2019 Filing 214 PROOF OF SERVICE filed by Defendant and Cross Claimant Enterprise Services LLC, re Sealed Declaration in SupportDeclaration, #213 , APPLICATION to file document Exhibits A - E under seal #212 served on 4/10/19. (Larson, Stephen)
April 10, 2019 Filing 213 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits A - E under seal #212 filed by Defendant Enterprise Services LLC, Counter Claimant Enterprise Services LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Larson, Stephen)
April 10, 2019 Filing 212 APPLICATION to file document Exhibits A - E under seal filed by Defendant Enterprise Services LLC, Counter Claimant Enterprise Services LLC. (Attachments: #1 Exhibit, #2 Proposed Order)(Attorney Stephen Gerard Larson added to party Enterprise Services LLC(pty:cc))(Larson, Stephen)
April 10, 2019 Filing 211 NOTICE of Appearance filed by attorney Steven A Haskins on behalf of Defendant Enterprise Services LLC, Counter Claimant Enterprise Services LLC (Attorney Steven A Haskins added to party Enterprise Services LLC(pty:dft), Attorney Steven A Haskins added to party Enterprise Services LLC(pty:cc))(Haskins, Steven)
April 10, 2019 Filing 210 NOTICE of Appearance filed by attorney Stephen Gerard Larson on behalf of Defendant Enterprise Services LLC, Counter Claimant Enterprise Services LLC (Attorney Stephen Gerard Larson added to party Enterprise Services LLC(pty:dft), Attorney Stephen Gerard Larson added to party Enterprise Services LLC(pty:cc))(Larson, Stephen)
March 27, 2019 Filing 209 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff/Counter-Defendant KST Data, Inc.. Motion set for hearing on 5/6/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration of Nicole R. Van Dyk, #2 Exhibit 1 to Van Dyk Declaration, #3 Exhibit 2 to Van Dyk Declaration, #4 Proposed Order) (Van Dyk, Nicole)
March 27, 2019 Filing 208 APPLICATION to the Clerk to Tax Costs against Defendant/Counter-Claimant Enterprise Services LLC re: Order on Motion for Leave to File Document Under Seal,,,, Order on Motion for Judgment,,,,,,,,,,, #207 , filed by Plaintiff/Counter-Defendant KST Data, Inc.. (Attachments: #1 Itemization of Bill of Costs, #2 Declaration of Ashley D. Bowman, #3 Exhibit A - Bowman Declaration, #4 Exhibit B - Bowman Declaration, #5 Exhibit C - Bowman Declaration, #6 Exhibit D - Bowman Declaration) (Bowman, Ashley)
March 13, 2019 Filing 207 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING PLAINTIFF/COUNTER-DEFENDANT KST's MOTION FOR JUDGMENT #195 . The Court GRANTS KST's Motion and orders judgment in favor of KST.The Court enters judgment in favor of KST and against ES. ES must pay $5,239,939.94, which includes damages in the amount of $3,180,232.41 and pre-judgment interest through January 22, 2019 at the contractual rate of 18% per annum. The Court further awards KST pre-judgment interest at the contractual rate of 18% per annum through the date of entry of this judgment. KST also is entitled to a post-judgment interest rate at the statutory rate of 10% per annum. If after this judgment there are further costs and an application for fees to be adjudicated, the Court directs the parties to file such briefing in line with this Court's standing order. (lc)
February 20, 2019 Filing 206 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motion suitable for disposition without oral argument and vacates the hearing on the MOTION for Judgment (Plaintiff KST Data, Inc.'s Notice Of Motion And Motion For Entry Of Judgment; Memorandum Of Points And Authorities In Support Thereof) filed by Plaintiff/Counter-Defendant KST Data, Inc. [ECF No. 195]., set for hearing on February 11, 2019. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
February 11, 2019 Filing 205 PROOF OF SERVICE filed by Plaintiff/Counter-Defendant KST Data, Inc., re Sealed Declaration in SupportDeclaration, #204 (Proof of Service of Sealed Van Dyk Declaration & Unredacted Exhibits Filed at Dkt. 204) served on February 11, 2019. (Van Dyk, Nicole)
February 11, 2019 Filing 204 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibits 1-3 to Declaration of Cheryl Thomas ISO Plaintiff KST Data, Inc.'s Reply ISO Motion for Entry of Judgment) under seal #203 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Unredacted Document (UNREDACTED Exhibits 1-3 to Declaration of Cheryl Thomas))(Van Dyk, Nicole)
February 11, 2019 Filing 203 APPLICATION to file document (Exhibits 1-3 to Declaration of Cheryl Thomas ISO Plaintiff KST Data, Inc.'s Reply ISO Motion for Entry of Judgment) under seal filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Redacted Document (REDACTED Exhibits 1-3 to Declaration of Cheryl Thomas), #2 Proposed Order ISO Application to Seal)(Van Dyk, Nicole)
February 11, 2019 Filing 202 REPLY In Support Of NOTICE OF MOTION AND MOTION for Judgment (Plaintiff KST Data, Inc.'s Notice Of Motion And Motion For Entry Of Judgment; Memorandum Of Points And Authorities In Support Thereof) #195 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Declaration of Nicole R. Van Dyk, #2 Exhibit 1 to Van Dyk Declaration, #3 Declaration of Cheryl Thomas, #4 Redacted Document (REDACTED Exhibits 1-3 to Thomas Declaration))(Van Dyk, Nicole)
February 4, 2019 Filing 201 OPPOSITION to NOTICE OF MOTION AND MOTION for Judgment (Plaintiff KST Data, Inc.'s Notice Of Motion And Motion For Entry Of Judgment; Memorandum Of Points And Authorities In Support Thereof) #195 filed by Defendant Enterprise Services LLC. (Attachments: #1 Declaration of Attison L. Barnes, III in Support of Opposition to Motion for Entry of Judgment, #2 Exhibit 1 to Barnes Declaration)(Vanderhoof, Brian)
January 28, 2019 Opinion or Order Filing 200 ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING DATE #199 by Judge S. James Otero: The hearing on KST Data, Inc.s Motion for Entry of Judgment is continuedfrom February 19, 2019, to February 25, 2019 #195 . The Parties shall file all motion papers per code and Local Rules. (lc)
January 25, 2019 Filing 199 Joint STIPULATION to Continue Hearing Date on Plaintiff KST Data, Inc.'s Motion For Entry Of Judgment from February 19, 2019 to February 25, 2019 filed by Plaintiff/Counter-Defendant KST Data, Inc.. (Attachments: #1 Proposed Order)(Bowman, Ashley)
January 22, 2019 Filing 198 PROOF OF SERVICE filed by Plaintiff/Counter-Defendant KST Data, Inc., re Sealed Declaration in SupportDeclaration,, #197 (Proof of Service of Sealed Documents filed by Plaintiff KST Data, Inc. under Dkt. 197) served on January 22, 2019. (Bowman, Ashley)
January 22, 2019 Filing 197 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibits 1-49 to Armando Tan Declaration ISO Plaintiff KST Data, Inc.'s Motion For Entry Of Judgment) under seal #196 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Unredacted Document (UNREDACTED Exhibits 1-7 to Armando Tan Declaration), #2 Unredacted Document (UNREDACTED Exhibits 8-29 to Tan Declaration), #3 Unredacted Document (UNREDACTED Exhibits 30-46), #4 Unredacted Document (UNREDACTED Exhibits 47-49))(Bowman, Ashley)
January 22, 2019 Filing 196 APPLICATION to file document (Exhibits 1-49 to Armando Tan Declaration ISO Plaintiff KST Data, Inc.'s Motion For Entry Of Judgment) under seal filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Redacted Document (REDACTED Exhibits 1-49 to Armando Tan Declaration), #2 Proposed Order (Proposed Order to Application to Seal))(Bowman, Ashley)
January 22, 2019 Filing 195 NOTICE OF MOTION AND MOTION for Judgment (Plaintiff KST Data, Inc.'s Notice Of Motion And Motion For Entry Of Judgment; Memorandum Of Points And Authorities In Support Thereof) filed by Plaintiff/Counter-Defendant KST Data, Inc.. Motion set for hearing on 2/19/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration of Armando Tan, #2 Exhibit (REDACTED Exhibits 1-49 to Tan Declaration), #3 [PROPOSED] Judgment) (Van Dyk, Nicole)
January 8, 2019 Filing 194 PROOF OF SERVICE filed by Defendant/Counterclaimant Enterprise Services LLC, re Sealed Declaration in SupportDeclaration, #193 served on January 8, 2019. (Vanderhoof, Brian)
January 8, 2019 Filing 193 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibit Filed in Connection with Opposition to KST Data, Inc.'s Motion in Limine No. 3) under seal #192 filed by Defendant Enterprise Services LLC. (Attachments: #1 Unredacted Document Exhibit A to Barnes Declaration in Support of Opposition to KST Data, Inc.'s Motion in Limine No. 3)(Vanderhoof, Brian)
January 8, 2019 Filing 192 APPLICATION to file document (Exhibit Filed in Connection with Opposition to KST Data, Inc.'s Motion in Limine No. 3) under seal filed by Defendant Enterprise Services LLC. (Attachments: #1 Redacted Document Exhibit A to Barnes Declaration in Support of Opposition to KST Data, Inc.'s Motion in Limine No. 3, #2 Proposed Order)(Vanderhoof, Brian)
January 8, 2019 Filing 191 MEMORANDUM in Opposition to MOTION IN LIMINE (MIL # 3) to Preclude Defendant Enterprise Services LLCs Designated Expert From Testifying In Rebuttal to KSTs Expert and From Offering Certain Other Improper Opinions #171 filed by Defendant Enterprise Services LLC. (Attachments: #1 Declaration of Attison L. Barnes, III in Support of Opposition, #2 Redacted Document Exhibit A to Barnes Declaration)(Vanderhoof, Brian)
January 8, 2019 Filing 190 MEMORANDUM in Opposition to MOTION IN LIMINE (MIL #2) to Exclude Evidence of Government Investigations and Proceedings #170 filed by Defendant Enterprise Services LLC. (Vanderhoof, Brian)
January 8, 2019 Filing 189 MEMORANDUM in Opposition to MOTION IN LIMINE (MIL #1) to Exclude Evidence of Business and Financial Relationships and Transactions Between KST and DME Unrelated to the NASA ACES Contract #169 filed by Defendant Enterprise Services LLC. (Vanderhoof, Brian)
January 8, 2019 Filing 188 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING PLAINTIFF/COUNTER-DEFENDANT KST's MOTION FOR SUMMARY JUDGMENT #133 ; ORDER DENYING DEFENDANT/COUNTERCLAIMANT ENTERPRISE SERVICES' MOTION FOR SUMMARYJUDGMENT #132 . This case shall close. MD JS-6. Case Terminated. (lc)
December 31, 2018 Filing 187 JOINT Exhibit List filed by Plaintiff and Counterdefendant KST Data, Inc... (Van Dyk, Nicole)
December 31, 2018 Filing 186 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff and Counterdefendant KST Data, Inc.. (Van Dyk, Nicole)
December 31, 2018 Filing 185 NOTICE OF ERRATA filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. correcting Witness List #184 docket entry to read: Joint Witness List filed by Plaintiff KST Data, Inc. (Van Dyk, Nicole)
December 31, 2018 Filing 184 Witness List filed by defendant KST Data, Inc... (Van Dyk, Nicole)
December 31, 2018 Filing 183 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant/Counterclaimant Enterprise Services LLC. (Barnes, Attison)
December 24, 2018 Filing 182 PROOF OF SERVICE filed by Defendant/Counterclaimant Enterprise Services LLC, re Sealed Declaration in SupportDeclaration,,,,,, #181 served on December 24, 2018. (Vanderhoof, Brian)
December 24, 2018 Filing 181 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document : Exhibits and References Filed in Connection with Motions in Limine under seal #180 filed by Defendant Enterprise Services LLC. (Attachments: #1 Unredacted Document Exhibit 4 to Barnes Declaration, #2 Unredacted Document Exhibit 5 to Barnes Declaration, #3 Unredacted Document Exhibit 6 to Barnes Declaration, #4 Unredacted Document Exhibit 7 to Barnes Declaration, #5 Unredacted Document Exhibit 8 to Barnes Declaration, #6 Unredacted Document Exhibit 10 to Barnes Declaration, #7 Unredacted Document Exhibit 11 to Barnes Declaration, #8 Unredacted Document Exhibit 12 to Barnes Declaration, #9 Unredacted Document Exhibit 13 to Barnes Declaration, #10 Unredacted Document Exhibit 14 to Barnes Declaration, #11 Unredacted Document Exhibit 15 to Barnes Declaration, #12 Unredacted Document Exhibit 16 to Barnes Declaration, #13 Unredacted Document Exhibit 17 to Barnes Declaration, #14 Unredacted Document Exhibit 18 to Barnes Declaration, #15 Unredacted Document Exhibit 19 to Barnes Declaration, #16 Unredacted Document Exhibit 20 to Barnes Declaration, #17 Unredacted Document Exhibit 21 to Barnes Declaration, #18 Unredacted Document Exhibit 22 to Barnes Declaration, #19 Unredacted Document Exhibit 23 to Barnes Declaration, #20 Unredacted Document Exhibit 24 to Barnes Declaration, #21 Unredacted Document Exhibit 25 to Barnes Declaration, #22 Unredacted Document Exhibit 26 to Barnes Declaration)(Vanderhoof, Brian)
December 24, 2018 Filing 180 APPLICATION to file document : Exhibits and References Filed in Connection with Motions in Limine under seal filed by Defendant Enterprise Services LLC. (Attachments: #1 Redacted Document Redacted Exhibits 4-8 and 10-26 to Barnes Declaration in Support of Motions in Limine, #2 Proposed Order)(Vanderhoof, Brian)
December 24, 2018 Filing 179 DECLARATION of Attison L. Barnes, III in Support of MOTION IN LIMINE (#3) to Exclude Evidence and to Permit Adverse Inferences as to Fifth Amendment Invocation #177 , MOTION IN LIMINE (#1) to Preclude Evidence Relating to Mr. Tan's November 26, 2018 Declaration #175 , MOTION IN LIMINE (#4) to Exclude Expert Testimony of Jonathan T. Williams #178 , MOTION IN LIMINE (#2) to Preclude Evidence Relating to Alleged Oral Subcontract Between KST and DME #176 filed by Defendant Enterprise Services LLC. (Attachments: #1 Exhibit 1 to Barnes Declaration, #2 Exhibit 2 to Barnes Declaration, #3 Exhibit 3 to Barnes Declaration, #4 Redacted Document Redacted Exhibits 4-8 to Barnes Declaration, #5 Exhibit 9 to Barnes Declaration, #6 Redacted Document Redacted Exhibits 10-26 to Barnes Declaration)(Vanderhoof, Brian)
December 24, 2018 Filing 178 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Expert Testimony of Jonathan T. Williams filed by Defendant/Counterclaimant Enterprise Services LLC. Motion set for hearing on 1/29/2019 at 09:00 AM before Judge S. James Otero. (Attachments: #1 Proposed Order)(Vanderhoof, Brian)
December 24, 2018 Filing 177 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Evidence and to Permit Adverse Inferences as to Fifth Amendment Invocation filed by Defendant/Counterclaimant Enterprise Services LLC. Motion set for hearing on 1/29/2019 at 09:00 AM before Judge S. James Otero. (Attachments: #1 Proposed Order)(Vanderhoof, Brian)
December 24, 2018 Filing 176 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Evidence Relating to Alleged Oral Subcontract Between KST and DME filed by Defendant/Counterclaimant Enterprise Services LLC. Motion set for hearing on 1/29/2019 at 09:00 AM before Judge S. James Otero. (Attachments: #1 Proposed Order)(Vanderhoof, Brian)
December 24, 2018 Filing 175 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude Evidence Relating to Mr. Tan's November 26, 2018 Declaration filed by Defendant/Counterclaimant Enterprise Services LLC. Motion set for hearing on 1/29/2019 at 09:00 AM before Judge S. James Otero. (Attachments: #1 Proposed Order)(Vanderhoof, Brian)
December 21, 2018 Filing 174 PROOF OF SERVICE filed by Plaintiff/Counter-Defendant KST Data, Inc., re Sealed Declaration in SupportDeclaration,, #173 (Sealed Bowman Declaration in Support of KST Application to Seal re MILs No. 1 and 3) served on December 21, 2018. (Van Dyk, Nicole)
December 21, 2018 Filing 173 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Certain Exhibits in Support of KST's MIL No. 1 and 3) under seal #172 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Unredacted Document UNREDACTED Exhibit A, #2 Unredacted Document UNREDACTED Exhibit B, #3 Unredacted Document UNREDACTED Exhibit C, #4 Unredacted Document UNREDACTED Exhibit D, #5 Unredacted Document UNREDACTED Exhibit E, #6 Unredacted Document UNREDACTED Exhibit F)(Van Dyk, Nicole)
December 21, 2018 Filing 172 APPLICATION to file document (Certain Exhibits in Support of KST's MIL No. 1 and 3) under seal filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Redacted Document REDACTED Exhibits A-C ISO MIL 1, #2 Redacted Document REDACTED Exhibits D-F ISO MIL 3, #3 Proposed Order)(Van Dyk, Nicole)
December 21, 2018 Filing 171 NOTICE OF MOTION AND MOTION IN LIMINE (MIL # 3) to Preclude Defendant Enterprise Services LLCs Designated Expert From Testifying In Rebuttal to KSTs Expert and From Offering Certain Other Improper Opinions filed by Plaintiff/Counter-Defendant KST Data, Inc.. Motion set for hearing on 1/29/2019 at 09:00 AM before Judge S. James Otero. (Attachments: #1 Declaration of Ashley D. Bowman, #2 Redacted Document REDACTED Exhibits D-F, #3 Proposed Order)(Van Dyk, Nicole)
December 21, 2018 Filing 170 NOTICE OF MOTION AND MOTION IN LIMINE (MIL #2) to Exclude Evidence of Government Investigations and Proceedings filed by Plaintiff/Counter-Defendant KST Data, Inc.. Motion set for hearing on 1/29/2019 at 09:00 AM before Judge S. James Otero. (Attachments: #1 Proposed Order)(Van Dyk, Nicole)
December 21, 2018 Filing 169 NOTICE OF MOTION AND MOTION IN LIMINE (MIL #1) to Exclude Evidence of Business and Financial Relationships and Transactions Between KST and DME Unrelated to the NASA ACES Contract filed by Plaintiff/Counterdefendant KST Data, Inc.. Motion set for hearing on 1/29/2019 at 09:00 AM before Judge S. James Otero. (Attachments: #1 Declaration of Ashley D. Bowman, #2 Redacted Document REDACTED Exhibits A-C, #3 Proposed Order)(Van Dyk, Nicole)
December 12, 2018 Filing 168 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motions suitable for disposition without oral argument and vacates the hearing on MOTION for Summary Judgment as to Count 1 of Complaint and Count 4 of Counterclaim filed by Defendant/Counterclaimant Enterprise Services LLC [ECF #132] and the MOTION for Summary Judgment as to Enterprise Services LLC's Counterclaim filed by Plaintiff/Counter-Defendant KST Data, Inc.. [ECF #133], set for December 17, 2018. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
December 6, 2018 Filing 167 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Dismiss Party #164 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Answer on file; FRCP cite therefore is incomplete. Missing proposed order. As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
December 5, 2018 Filing 166 PROOF OF SERVICE filed by Defendant/Counterclaimant Enterprise Services LLC, re Sealed Declaration in SupportDeclaration,,, #163 served on 12/04/2018. (Vanderhoof, Brian)
December 5, 2018 Filing 165 PROOF OF SERVICE filed by Defendant/Counterclaimant Enterprise Services LLC, re Sealed Declaration in SupportDeclaration,,,, #153 served on 11/26/2018. (Vanderhoof, Brian)
December 4, 2018 Filing 164 STIPULATION to Dismiss Defendant DXC Technology Company, filed by Defendant/Counterclaimant Enterprise Services LLC.(Vanderhoof, Brian)
December 3, 2018 Filing 163 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document : Exhibits in Connection with 1) ES's Reply to KST's Opposition to Motion for Summary Judgment and 2) KST's Reply to ES's Opposition to Motion for Summary Judgment under seal #162 filed by Defendant Enterprise Services LLC. (Attachments: #1 Unredacted Document Exhibit 89 to Barnes Supplemental Declaration, #2 Unredacted Document Exhibit 90 to Barnes Supplemental Declaration, #3 Unredacted Document Exhibit 91 to Barnes Supplemental Declaration, #4 Unredacted Document Exhibit 92 to Barnes Supplemental Declaration, #5 Unredacted Document Exhibit 93 to Barnes Supplemental Declaration, #6 Unredacted Document Exhibit 94 to Barnes Supplemental Declaration)(Vanderhoof, Brian)
December 3, 2018 Filing 162 APPLICATION to file document : Exhibits in Connection with 1) ES's Reply to KST's Opposition to Motion for Summary Judgment and 2) KST's Reply to ES's Opposition to Motion for Summary Judgment under seal filed by Defendant Enterprise Services LLC. (Attachments: #1 Redacted Document Exhibits 89-94 to Supplemental Declaration of Attison L. Barnes, III in Support of Enterprise Services LLC's Reply Memorandum of Points and Authorities for MSJ, #2 Proposed Order)(Vanderhoof, Brian)
December 3, 2018 Filing 161 PROOF OF SERVICE filed by Plaintiff/Counter-Defendant KST Data, Inc., re Sealed Declaration in SupportDeclaration,, #160 (KST's Proof of Service Re Sealed Documents Filed at Dkt. 160) served on December 3, 2018. (Bowman, Ashley)
December 3, 2018 Filing 160 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Certain Exhibits to Bowman Declaration In Further Support of KST's MSJ) under seal #159 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Unredacted Document (SEALED UNREDACTED) Exhibits to Bowman Decl.-Part 1, #2 Unredacted Document (SEALED UNREDACTED) Exhibits to Bowman Decl.-Part 2, #3 Unredacted Document (SEALED UNREDACTED) Exhibits to Bowman Decl.-Part 3)(Bowman, Ashley)
December 3, 2018 Filing 159 APPLICATION to file document (Certain Exhibits to Bowman Declaration In Further Support of KST's MSJ) under seal filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Redacted Document (REDACTED) Exhibits to Bowman Decl. ISO KST's MSJ, #2 Proposed Order to Application to Seal)(Bowman, Ashley)
December 3, 2018 Filing 158 NOTICE OF ERRATA filed by Defendant Enterprise Services LLC. correcting Reply (Motion related),, #157 (Attachments: #1 Redacted Document Exhibits 89-94 to Supplemental Declaration of Attison L. Barnes, III in Support of Enterprise Services LLC's Reply Memorandum of Points and Authorities for MSJ)(Vanderhoof, Brian)
December 3, 2018 Filing 157 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Count 1 of Complaint and Count 4 of Counterclaim #132 filed by Defendant Enterprise Services LLC. (Attachments: #1 Statement of Genuine Disputes of Material Fact in Opposition to KST Data, Inc.'s Statement of Additional Uncontroverted Material Facts, #2 Objections to Declarations Filed by KST Data, Inc. in Opposition to ES's Motion for Summary Judgment, #3 Responses to KST Data, Inc.'s Evidentiary Objections to Declaration of Attison L. Barnes, III in Support of ES's MSJ, #4 Declaration of Attison L. Barnes, III in Support of ES's Reply Memorandum of Points and Authorities)(Vanderhoof, Brian)
December 3, 2018 Filing 156 REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to Enterprise Services LLC's Counterclaim #133 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Declaration of Ashley D. Bowman, #2 Exhibit (Redacted Exhibits) to Bowman Declaration, #3 Reply to ES Evidentiary Objections to Bowman Decl., #4 Reply to ES Additional Statement of Material Facts, #5 Evidentiary Objections to Barnes Decl.)(Van Dyk, Nicole)
November 26, 2018 Filing 155 NOTICE OF LODGING filed re Response in Opposition to Motion,, #145 (Attachments: #1 Objections to the Declaration of Ashley D. Bowman in Support of KST Data, Inc.'s Motion for Summary Judgment)(Vanderhoof, Brian)
November 26, 2018 Filing 154 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document CERTAIN DOCUMENTS under seal #152 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Exhibit Bowman Exhibits Part-1, #2 Exhibit Bowman Exhibits Part-2, #3 Exhibit Bowman Exhibits Part-3, #4 Exhibit Bowman Exhibits Part-4, #5 Exhibit Bowman Exhibits Part-5, #6 Exhibit Bowman Exhibits Part-6, #7 Exhibit Bowman Exhibits Part-7, #8 Exhibit Bowman Exhibits Part-8, #9 Exhibit Bowman Exhibits Part-9, #10 Exhibit Bowman Exhibits Part-10, #11 Exhibit Bowman Exhibits Part-11, #12 Exhibit Bowman Exhibits Part-12, #13 Exhibit Bowman Exhibits Part-13, #14 Exhibit Bowman Exhibits Part-14, #15 Exhibit Bowman Exhibits Part-15, #16 Exhibit Bowman Exhibits Part-16, #17 Exhibit Bowman Exhibits Part-17, #18 Exhibit Bowman Exhibits Part-18, #19 Exhibit Bowman Exhibits Part-19, #20 Exhibit Bowman Exhibits Part-20, #21 Exhibit Bowman Exhibits Part-21, #22 Exhibit Bowman Exhibits Part-22, #23 Exhibit Bowman Exhibits Part-23, #24 Exhibit Bowman Exhibits Part-24, #25 Exhibit Bowman Exhibits Part-25, #26 Exhibit Bowman Exhibits Part-26, #27 Exhibit Bowman Exhibits Part-27, #28 Exhibit Bowman Exhibits Part-28, #29 Exhibit Bowman Exhibits Part-29, #30 Exhibit Bowman Exhibits Part-30, #31 Exhibit Bowman Exhibits Part-31, #32 Exhibit Bowman Exhibits Part-32, #33 Exhibit Bowman Exhibits Part-33, #34 Exhibit Bowman Exhibits Part-34, #35 Exhibit Bowman Exhibits Part-35, #36 Exhibit Bowman Exhibits Part-36, #37 Exhibit Bowman Exhibits Part-37, #38 Exhibit Bowman Exhibits Part-38, #39 Exhibit Bowman Exhibits Part-39, #40 Exhibit Tan Exhibit 45, #41 Supplement Proof of Service)(Bowman, Ashley)
November 26, 2018 Filing 153 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document : Exhibits in Connection with 1) Enterprise Services LLC's Opposition to KST Data, Inc.'s Motion for Summary Judgment and 2) KST Data, Inc.'s Opposition to Enterprise Services LLC's Motion for Summar #151 filed by Defendant Enterprise Services LLC. (Attachments: #1 Unredacted Document Exhibit 74 to Barnes Declaration, #2 Unredacted Document Exhibit 75 to Barnes Declaration, #3 Unredacted Document Exhibit 76 to Barnes Declaration, #4 Unredacted Document Exhibit 77 to Barnes Declaration, #5 Unredacted Document Exhibit 78 to Barnes Declaration, #6 Unredacted Document Exhibit 79 to Barnes Declaration, #7 Unredacted Document Exhibit 81 to Barnes Declaration, #8 Unredacted Document Exhibit 82 to Barnes Declaration, #9 Unredacted Document Exhibit 84 to Barnes Declaration, #10 Unredacted Document Exhibit 85 to Barnes Declaration, #11 Unredacted Document Exhibit 86 to Barnes Declaration, #12 Unredacted Document Exhibit 87 to Barnes Declaration, #13 Unredacted Document Exhibit 88 to Barnes Declaration)(Vanderhoof, Brian)
November 26, 2018 Filing 152 APPLICATION to file document CERTAIN DOCUMENTS under seal filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Proposed Order)(Bowman, Ashley)
November 26, 2018 Filing 151 APPLICATION to file document : Exhibits in Connection with 1) Enterprise Services LLC's Opposition to KST Data, Inc.'s Motion for Summary Judgment and 2) KST Data, Inc.'s Opposition to Enterprise Services LLC's Motion for Summary Judgment under seal filed by Defendant Enterprise Services LLC. (Attachments: #1 Redacted Document REDACTED Exhibits 74-79, 81-82 and 84-88 to the Declaration of Attison L. Barnes, III in Support of Opposition to KST Data, Inc.'s Motion for Summary Judgment, #2 Proposed Order)(Vanderhoof, Brian)
November 26, 2018 Filing 150 NOTICE OF ERRATA filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. correcting Declaration (Motion related), #148 (Attachments: #1 Declaration of Ashley D. Bowman in Support of Plaintiff KST Data, Inc.'s Opposition to Defendant Enterprise Services LLC's Motion for Summary Judgment, #2 Exhibit)(Van Dyk, Nicole)
November 26, 2018 Filing 149 NOTICE OF ERRATA filed by Defendant Enterprise Services LLC. correcting Response in Opposition to Motion,, #145 (Attachments: #1 Exhibit 80 to Barnes Declaration in Support of Opposition, #2 Exhibit 83 to Barnes Declaration in Support of Opposition)(Vanderhoof, Brian)
November 26, 2018 Filing 148 DECLARATION of Ashley D. Bowman in support of Plaintiff KST Data, Inc.'s Opposition to Defendant Enterprise Services LLC's Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment as to Count 1 of Complaint and Count 4 of Counterclaim #132 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Exhibit REDACTED)(Van Dyk, Nicole)
November 26, 2018 Filing 147 NOTICE OF LODGING filed re MEMORANDUM in Opposition to Motion,, #146 (Attachments: #1 Supplement Plaintiff KST Data, Inc.'s Statement of Additional Uncontroverted Material Facts, #2 Supplement Plaintiff KST Data, Inc.'s Statement Genuine Disputes of Material Facts, #3 Supplement Plaintiff KST Data, Inc.'s Evidentiary Objections to the Declaration of Attison L. Barnes III in Support of Defendant Enterprise Services, LLC's Motion for Summary Judgment)(Van Dyk, Nicole)
November 26, 2018 Filing 146 MEMORANDUM in Opposition to Defendant Enterprise Services LLC's Motion for Summary Judgment filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Declaration of Benjamin Jacobe, #2 Exhibit 37, #3 Declaration of Cheryl Thomas, #4 Exhibit 38, #5 Exhibit 39, #6 Exhibit 40, #7 Declaration Armondo Tan, #8 Exhibit 41, #9 Exhibit 42, #10 Exhibit 43, #11 Exhibit 44, #12 Exhibit 45, #13 Exhibit 46, #14 Exhibit 47, #15 Exhibit 48, #16 Exhibit 49, #17 Exhibit 50)(Van Dyk, Nicole)
November 26, 2018 Filing 145 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Enterprise Services LLC's Counterclaim #133 filed by Defendant Enterprise Services LLC. (Attachments: #1 Statement of Genuine Disputes of Material Fact in Opposition to KST Data, Inc.'s Motion for Summary Judgment, #2 Statement of Additional Material Facts in Opposition of KST Data, Inc.'s Motion for Summary Judgment, #3 Declaration of Attison L. Barnes, III in Support of Opposition, #4 Redacted Document REDACTED Exhibits 74 through 88 to Barnes Declaration)(Vanderhoof, Brian)
November 13, 2018 Filing 144 PROOF OF SERVICE filed by Defendant/Counterclaimant Enterprise Services LLC, re Sealed Declaration in SupportDeclaration,,,, #141 and Unredacted Documents Proposed to be Sealed: Exhibits 1-76 to Barnes Declaration in Support of Motion for Summary Judgment served on November 12, 2018. (Vanderhoof, Brian)
November 13, 2018 Filing 143 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Enterprise Services LLC Statement (Motion related), #136 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: See under Other. Other error(s) with document(s): proposed statement of controverted facts are to be approved by the Judge, and should not be efiled, but submitted as a separate attachment to a main document. In alternative, prepare a formal document: A Notice of lodging as the main pdf document, to which the proposed statement of uncontroverted facts will be submitted as the 2nd pdf attachment thereto. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
November 13, 2018 Filing 142 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: KST Data, Inc NOTICE OF MOTION AND MOTION for Summary Judgment as to Enterprise Services LLC's Counterclaim #133 . The following error(s) was/were found: Local Rule 56-1 Statement of uncontroverted facts lacking. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Missing proposed statement of Uncontroverted Facts. In alternative, prepare a formal document: A Notice of lodging as the main pdf document, to which the proposed statement of uncontroverted facts will be submitted as the 2nd pdf attachment thereto.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
November 12, 2018 Filing 141 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document : Exhibits and References Filed in Connection With 1) Enterprise Services LLC's Motion for Summary Judgment and 2) KST Data, Inc.'s Motion for Summary Judgment under seal #138 filed by Defendant Enterprise Services LLC. (Attachments: #1 Unredacted Document Exhibits 1-3 to Barnes Declaration, #2 Unredacted Document Exhibits 4-5 to Barnes Declaration, #3 Unredacted Document Exhibits 6-7 to Barnes Declaration, #4 Unredacted Document Exhibits 8-9 to Barnes Declaration, #5 Unredacted Document Exhibits 10-30 to Barnes Declaration, #6 Unredacted Document Exhibits 31-45 to Barnes Declaration, #7 Unredacted Document Exhibits 46-55 to Barnes Declaration, #8 Unredacted Document Exhibits 56-58 to Barnes Declaration, #9 Unredacted Document Exhibits 59-60 to Barnes Declaration, #10 Unredacted Document Exhibits 61-62 to Barnes Declaration, #11 Unredacted Document Exhibits 63-73 to Barnes Declaration)(Vanderhoof, Brian)
November 12, 2018 Filing 140 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document CERTAIN EXHIBITS TO THE DECLARATION OF ASHLEY D. BOWMAN FILED IN SUPPORT OF KST'S MOTION FOR SUMMARY JUDGMENT under seal #139 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4, #5 Exhibit Part 5, #6 Exhibit Part 6, #7 Exhibit Part 7, #8 Exhibit Part 8, #9 Exhibit Part 9, #10 Exhibit Part 10, #11 Exhibit Part 11, #12 Exhibit Part 12, #13 Exhibit Part 13, #14 Exhibit Part 14, #15 Exhibit Part 15, #16 Exhibit Part 16, #17 Exhibit Part 17, #18 Exhibit Part 18, #19 Exhibit Part 19, #20 Exhibit Part 20, #21 Exhibit Part 21, #22 Exhibit Part 22, #23 Exhibit Part 23, #24 Exhibit Part 24, #25 Exhibit Part 25, #26 Exhibit Part 26, #27 Exhibit Part 27, #28 Exhibit Part 28, #29 Exhibit Part 29, #30 Exhibit Part 30, #31 Exhibit Part 31, #32 Exhibit Part 32, #33 Exhibit Part 33, #34 Exhibit Part 34, #35 Exhibit Part 35, #36 Exhibit Part 36, #37 Exhibit Part 37, #38 Exhibit Part 38, #39 Exhibit Part 39, #40 Supplement Proof of Service)(Bowman, Ashley)
November 12, 2018 Filing 139 APPLICATION to file document CERTAIN EXHIBITS TO THE DECLARATION OF ASHLEY D. BOWMAN FILED IN SUPPORT OF KST'S MOTION FOR SUMMARY JUDGMENT under seal filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Declaration of Kirby Winder, #2 Exhibit Bowman Exhibits 1 - 36 Redacted, #3 Proposed Order)(Bowman, Ashley)
November 12, 2018 Filing 138 APPLICATION to file document : Exhibits and References Filed in Connection With 1) Enterprise Services LLC's Motion for Summary Judgment and 2) KST Data, Inc.'s Motion for Summary Judgment under seal filed by Defendant Enterprise Services LLC. (Attachments: #1 Redacted Document Exhibits 1-73 to Declaration of Attison L. Barnes in Support of Enterprise Services LLC's Motion for Summary Judgment, #2 Redacted Document Exhibits 2-3, 5-10, 12-22, 24, 27-32, 34-36 to Declaration of Ashley D. Bowman in Support of KST Data, Inc.'s Motion for Summary Judgment, #3 Proposed Order on Application to Seal)(Vanderhoof, Brian)
November 12, 2018 Filing 137 NOTICE OF ERRATA filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. correcting NOTICE OF MOTION AND MOTION for Summary Judgment as to Enterprise Services LLC's Counterclaim #133 (Attachments: #1 Exhibit A (KST's Corrected Notice of Motion & Motion for Summary Judgment))(Bowman, Ashley)
November 12, 2018 Filing 136 STATEMENT of Uncontroverted Facts and Conclusions of Law in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Count 1 of Complaint and Count 4 of Counterclaim #132 filed by Defendant Enterprise Services LLC. (Vanderhoof, Brian)
November 12, 2018 Filing 135 DECLARATION of Attison L. Barnes, III in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Count 1 of Complaint and Count 4 of Counterclaim #132 filed by Defendant Enterprise Services LLC. (Attachments: #1 Redacted Document Exhibits 1-73 to Barnes Declaration)(Vanderhoof, Brian)
November 12, 2018 Filing 134 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to Enterprise Services LLC's Counterclaim #133 (Attachments: #1 Proposed Order [Proposed] Judgment Granting KST's Motion for Summary Judgment)(Bowman, Ashley)
November 12, 2018 Filing 133 NOTICE OF MOTION AND MOTION for Summary Judgment as to Enterprise Services LLC's Counterclaim filed by Plaintiff/Counter-Defendant KST Data, Inc.. Motion set for hearing on 12/17/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Appendix, #2 Declaration of Ashley D. Bowman, #3 Redacted Document Exhibits 1-36 (REDACTED)) (Bowman, Ashley)
November 12, 2018 Filing 132 NOTICE OF MOTION AND MOTION for Summary Judgment as to Count 1 of Complaint and Count 4 of Counterclaim filed by Defendant/Counterclaimant Enterprise Services LLC. Motion set for hearing on 12/17/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Summary Judgment, #2 [Proposed] Judgment) (Vanderhoof, Brian)
October 27, 2018 Opinion or Order Filing 131 ORDER DENYING MOTION TO COMPEL FURTHER DEPOSITION TESTIMONY FROM DME AND MITCHELL EVANS (ECF #130 ) by Magistrate Judge Steve Kim. For these reasons, ES's motion to compel is denied without prejudice to arguments and approaches it may reserve about the admissibility of DME corporate documents at trial. IT IS SO ORDERED. (SEE ORDER FOR DETAILS). (clee)
October 26, 2018 Filing 130 REQUEST to Produce Compel Deposition Testimony Joint Stipulation Regarding Enterprise Services LLC's Motion to Compel Deposition Testimony of DME Products and Systems, Inc. and Mitchell Evans filed by Interested Party Mitchell Evans, DME Products and Systems, Inc.. (Attachments: #1 Exhibit Attachment A to Joint Stipulation, #2 Declaration of Michael J. Proctor, #3 Exhibit A to Proctor Declaration)(Attorney Michael J Proctor added to party Mitchell Evans(pty:ip), Attorney Michael J Proctor added to party DME Products and Systems, Inc.(pty:ip))(Proctor, Michael)
October 24, 2018 Filing 129 MINUTES OF TELEPHONIC CONFERENCE RE: EX PARTE APPLICATION FOR EXPEDITED HEARING ON ITS MOTION TO COMPEL (ECF No. #128 ) held before Magistrate Judge Steve Kim. Ex Parte Application for Expedited Hearing was Granted. Expedited hearing was held telephonically. Motion to compel discussed on the record. Motion to compel was deferred for the reasons discussed at the hearing. Counsel for ES and DME/Evans to confer and file an abbreviated joint stipulation on any remaining disputes about the Fifth Amendment arising from the DME/Evans' depositions by no later than 5 PM on October 26. Parties should be prepared to conduct possible follow-up deposition for DME/Evans up to the close of fact discovery at 5 PM on Monday October 29. Court Recorder: XTR 10/24/18. (clee)
October 23, 2018 Filing 128 EX PARTE APPLICATION to Expedite Hearing on Motion to Compel Deposition Testimony of DME Products and Systems, Inc. and Mitch Evans filed by Defendant/Counterclaimant Enterprise Services LLC. (Attachments: #1 Motion to Compel Deposition Testimony of DME Products and Systems, Inc. and Mitch Evans, #2 Declaration of Attison L. Barnes, III, #3 Exhibit A to Barnes Declaration, #4 Exhibit B to Barnes Declaration, #5 Exhibit C to Barnes Declaration, #6 Exhibit D to Barnes Declaration, #7 Exhibit E to Barnes Declaration, #8 Exhibit F to Barnes Declaration, #9 Exhibit G to Barnes Declaration, #10 Exhibit H to Barnes Declaration, #11 Exhibit I to Barnes Declaration, #12 Exhibit J to Barnes Declaration, #13 Exhibit K to Barnes Declaration, #14 Exhibit L to Barnes Declaration, #15 Exhibit M to Barnes Declaration, #16 Exhibit N to Barnes Declaration, #17 Exhibit O to Barnes Declaration, #18 Exhibit P to Barnes Declaration, #19 Exhibit Q to Barnes Declaration, #20 Exhibit R to Barnes Declaration, #21 Exhibit S to Barnes Declaration, #22 Exhibit T to Barnes Declaration, #23 Exhibit U to Barnes Declaration, #24 Declaration of Brian C. Vanderhoof, #25 Proposed Order) (Vanderhoof, Brian)
October 17, 2018 Opinion or Order Filing 127 MINUTES (IN CHAMBERS) ORDER MODIFYING SUBPOENA AND DENYING MOTION TO QUASH (ECF #111 ) by Magistrate Judge Steve Kim. The hearing on this matter noticed for October 24, 2018 is vacated. (SEE ORDER FOR DETAILS). (clee)
October 15, 2018 Opinion or Order Filing 126 MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART ES' MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY NON-PARTY MITCHELL EVANS (ECF #102 ) by Magistrate Judge Steve Kim. The hearing on this matter noticed for October 24, 2018 is vacated. (SEE ORDER FOR DETAILS). (clee)
October 12, 2018 Filing 125 REPLY IN SUPPORT OF MOTION to Quash Subpoena for Third Party Records Re Defendant and Counter-Claimant Enterprise Services LLC's Subpoena Served on Bank of the West (filed on behalf of Plaintiff KST Data, Inc. and Third-Party Armando Tan) #111 filed by Plaintiff KST Data, Inc.. (Van Dyk, Nicole)
October 11, 2018 Opinion or Order Filing 124 MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART ES MOTION TO COMPEL AGAINST KST (ECF #104 ) by Magistrate Judge Steve Kim. Defendant/Counterclaimant Enterprise Services LLC (ES) moves to compel Plaintiff/Counter-Defendant KST Data, Inc. to respond to interrogatories and produce documents in response to discovery that ES served on KST in May 2018. (ECF 104). The motion to compel is granted in part and denied in part. The hearing on this matter noticed for October 24, 2018 is vacated. (SEE ORDER FOR DETAILS). (clee)
October 11, 2018 Opinion or Order Filing 123 MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART ES' MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY NON-PARTY DME (ECF #100 ) by Magistrate Judge Steve Kim. Enterprise Services LLC (ES) moves to compel DME Products & Services, Inc. (DME) to produce documents in response to a subpoena served on DME in July 2018. (ECF 100). The motion to compel is granted in part and denied in part. The hearing on this matter noticed for October 24, 2018 is vacated. (SEE ORDER FOR DETAILS). (clee)
October 11, 2018 Filing 122 SEALED DOCUMENT Portions of Joint Stipulation Regarding Motion to Compel Further Responses by KST, Data, Inc. under seal re Order on Motion for Leave to File Document Under Seal,, #109 filed by Defendant Enterprise Services LLC. (Attachments: #1 Unredacted Document Exhibit 1 to Bowman Declaration, #2 Unredacted Document Exhibit L to Barnes Declaration, #3 Unredacted Document Exhibit O to Barnes Declaration)(Vanderhoof, Brian)
October 10, 2018 Filing 121 MEMORANDUM in Opposition to MOTION to Quash Subpoena for Third Party Records Re Defendant and Counter-Claimant Enterprise Services LLC's Subpoena Served on Bank of the West (filed on behalf of Plaintiff KST Data, Inc. and Third-Party Armando Tan) #111 filed by Defendant Enterprise Services LLC. (Vanderhoof, Brian)
October 10, 2018 Filing 120 MEMORANDUM in Support of MOTION to Compel Further Responses to Requests for Production of Documents and Interrogatories by Plaintiff/Counterdefendant KST Data, Inc. #104 (Supplemental) filed by Defendant Enterprise Services LLC. (Attachments: #1 Declaration of Brian C. Vanderhoof, #2 Exhibit A to Vanderhoof Declaration, #3 Exhibit B to Vanderhoof Declaration)(Vanderhoof, Brian)
October 10, 2018 Filing 119 MEMORANDUM in Support of MOTION to Compel Documents in Response to Subpoena Issued to Mitchell Evans #102 (Supplemental) filed by Defendant Enterprise Services LLC. (Vanderhoof, Brian)
October 10, 2018 Filing 118 MEMORANDUM in Support of MOTION to Compel Documents in Response to Subpoena Issued to DME Products and Services, Inc. #100 (Supplemental) filed by Defendant Enterprise Services LLC. (Vanderhoof, Brian)
October 10, 2018 Filing 117 SUPPLEMENT to MOTION to Compel Further Responses to Requests for Production of Documents and Interrogatories by Plaintiff/Counterdefendant KST Data, Inc. #104 (PLAINTIFF KST DATA, INC.'S SUPPLEMENTAL MEMORANDUM TO JOINT STIPULATION RE DEFENDANT ENTERPRISE SERVICES LLC'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES) filed by Plaintiff KST Data, Inc.. (Van Dyk, Nicole)
October 9, 2018 Opinion or Order Filing 116 ORDER ON APPLICATION RE PLAINTIFF AND COUNTER-DEFENDANT KST DATA, INC. AND THIRD-PARTY ARMANDO TAN'S MOTION TO QUASH SUBPOENA SERVED ON BANK OF THE WEST #112 by Magistrate Judge Steve Kim. The Motion to Quash filed by the Moving Parties shall be heard on October 24, 2018, at 10:00 a.m. IT IS SO ORDERED. (clee)
October 8, 2018 Filing 115 PROOF OF SERVICE OF MOTION TO QUASH ON THIRD-PARTY BANK OF THE WEST re MOTION to Quash Subpoena for Third Party Records Re Defendant and Counter-Claimant Enterprise Services LLC's Subpoena Served on Bank of the West (filed on behalf of Plaintiff KST Data, Inc. and Third-Party Armando Tan) #111 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Van Dyk, Nicole)
October 8, 2018 Filing 114 REPLY IN SUPPORT OF APPLICATION for Hearing as to hearing date for Plaintiff KST Data, Inc. and Third-Party Armando Tan's Motion to Quash Def. Enterprise Services LLC's Subpoena Served on Bank of the West, to be heard on October 24, 2018,re MOTION to Quash S #112 filed by Counter Defendants KST Data, Inc., Armando Tan, Plaintiff KST Data, Inc.. (Attachments: #1 Declaration of Ashley D. Bowman)(Van Dyk, Nicole)
October 8, 2018 Filing 113 MEMORANDUM in Opposition to APPLICATION for Hearing as to hearing date for Plaintiff KST Data, Inc. and Third-Party Armando Tan's Motion to Quash Def. Enterprise Services LLC's Subpoena Served on Bank of the West, to be heard on October 24, 2018,re MOTION to Quash S #112 filed by Defendant Enterprise Services LLC. (Vanderhoof, Brian)
October 5, 2018 Filing 112 APPLICATION for Hearing as to hearing date for Plaintiff KST Data, Inc. and Third-Party Armando Tan's Motion to Quash Def. Enterprise Services LLC's Subpoena Served on Bank of the West, to be heard on October 24, 2018,re MOTION to Quash Subpoena for Third Party Records Re Defendant and Counter-Claimant Enterprise Services LLC's Subpoena Served on Bank of the West (filed on behalf of Plaintiff KST Data, Inc. and Third-Party Armando Tan) #111 , filed by Plaintiff KST Data, Inc.. (Attachments: #1 Declaration of Ashley Bowman ISO Application, #2 Proposed Order)(Van Dyk, Nicole)
October 5, 2018 Filing 111 NOTICE OF MOTION AND MOTION to Quash Subpoena for Third Party Records Re Defendant and Counter-Claimant Enterprise Services LLC's Subpoena Served on Bank of the West (filed on behalf of Plaintiff KST Data, Inc. and Third-Party Armando Tan) filed by Plaintiff KST Data, Inc.. Motion set for hearing on 10/24/2018 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 Declaration of Nicole Van Dyk ISO Motion to Quash, #2 Proposed Order)(Van Dyk, Nicole)
October 5, 2018 Opinion or Order Filing 110 ORDER ON UNOPPOSED APPLICATION FOR ENTERPRISE SERVICES LLC'S MOTION TO COMPEL TO BE HEARD ON OCTOBER 24, 2018 #107 by Magistrate Judge Steve Kim. Before the Court is Defendant/Counterclaimant Enterprise Services LLCs unopposed application to request that the Court hear its motion to compel on October 24, 2018. The Court having considered the papers and good cause appearing, the application is GRANTED. The motion to compel filed by Enterprise Services LLC shall be heard on October 24, 2018 at 10:00 a.m., unless otherwise ordered by the Court. IT IS SO ORDERED. (clee)
October 5, 2018 Opinion or Order Filing 109 ORDER ON APPLICATION TO FILE UNDER SEAL THE EXHIBITS TO AND PORTIONS OF THE JOINT STIPULATION PURSUANT TO RULE 37-2 REGARDNIG ENTERPRISE SERVICES LLCS MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES #105 by Magistrate Judge Steve Kim. The Court, having considered the Application for Leave to File Under Seal Portions of the Joint Stipulation Objecting to Designations Made by the State Of Qatar and References to Those Exhibits, and compelling reasons that overcome the presumption of public access having been shown, the Court hereby GRANTS the Application and ORDERS that the following documents be filed UNDER SEAL (SEE ORDER FOR DETAILS). (clee)
October 5, 2018 Filing 108 PROOF OF SERVICE filed by Defendant/Counterclaimant Enterprise Services LLC, re Sealed Declaration in SupportDeclaration,,, #106 Unredacted Documents served on October 5, 2018. (Vanderhoof, Brian)
October 4, 2018 Filing 107 APPLICATION for Hearing, re MOTION to Compel Further Responses to Requests for Production of Documents and Interrogatories by Plaintiff/Counterdefendant KST Data, Inc. #104 , to be Heard October 24, 2018 (Unopposed) filed by Defendant/Counterclaimant Enterprise Services LLC. (Attachments: #1 Declaration of Brian C. Vanderhoof in Support of Unopposed Application, #2 Proposed Order) (Vanderhoof, Brian)
October 4, 2018 Filing 106 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document : Exhibits to and Portions of the Joint Stipulation Pursuant to Rule 37-2 Regarding Motion to Compel Further Responses to Requests for Production of Documents and Interrogatories under seal #105 filed by Defendant Enterprise Services LLC. (Attachments: #1 Unredacted Document Joint Stipulation Regarding Enterprise Services LLC's Motion to Compel Further Responses to Requests for Production of Documents and Interrogatories, #2 Unredacted Document Exhibit 1 to Bowman Declaration in Support of Stipulation Regarding Discovery Dispute, #3 Unredacted Document Exhibit L to Barnes Declaration in Support of Stipulation Regarding Discovery Dispute, #4 Unredacted Document Exhibit O to Barnes Declaration in Support of Stipulation Regarding Discovery Dispute)(Vanderhoof, Brian)
October 4, 2018 Filing 105 APPLICATION to file document : Exhibits to and Portions of the Joint Stipulation Pursuant to Rule 37-2 Regarding Motion to Compel Further Responses to Requests for Production of Documents and Interrogatories under seal filed by Defendant Enterprise Services LLC. (Attachments: #1 (Redacted) Joint Stipulation Regarding Enterprise Services LLC's Motion to Compel Further Responses to Requests for Production of Document and Interrogatories, #2 Declaration of Attison L. Barnes, III in Support of Stipulation Regarding Discovery Dispute, #3 Exhibit A to Barnes Declaration, #4 Exhibit B to Barnes Declaration, #5 Exhibit C to Barnes Declaration, #6 Exhibit D to Barnes Declaration, #7 Exhibit E to Barnes Declaration, #8 Exhibit F to Barnes Declaration, #9 Exhibit G to Barnes Declaration, #10 Exhibit H to Barnes Declaration, #11 Exhibit I to Barnes Declaration, #12 Exhibit J to Barnes Declaration, #13 Exhibit K to Barnes Declaration, #14 (Redacted) Exhibit L to Barnes Declaration, #15 Exhibit M to Barnes Declaration, #16 Exhibit N to Barnes Declaration, #17 (Redacted) Exhibit O to Barnes Declaration, #18 Declaration of Ashley D. Bowman, #19 (Redacted) Exhibit 1 to Bowman Declaration, #20 Exhibit 2 to Bowman Declaration, #21 Exhibit 3 to Bowman Declaration, #22 Exhibit 4 to Bowman Declaration, #23 Exhibit 5 to Bowman Declaration, #24 Declaration of Armando Tan, #25 Proposed Order Granting Motion to Compel Further Responses to Requests for Production of Document and Interrogatories, #26 Proposed Order on Application to File Under Seal)(Vanderhoof, Brian)
October 4, 2018 Filing 104 NOTICE OF MOTION AND MOTION to Compel Further Responses to Requests for Production of Documents and Interrogatories by Plaintiff/Counterdefendant KST Data, Inc. filed by Defendant/Counterclaimant Enterprise Services LLC. Motion set for hearing on 10/24/2018 at 10:00 AM before Magistrate Judge Steve Kim. (Vanderhoof, Brian)
October 3, 2018 Filing 103 JOINT STIPULATION to MOTION to Compel Documents in Response to Subpoena Issued to Mitchell Evans #102 filed by Defendant Enterprise Services LLC. (Attachments: #1 Declaration of Attison L. Barnes, III in Support of Enterprise Services LLC's Motion to Compel Documents in Response to Subpoena Issued to Mitchell Evans, #2 Exhibit A to Barnes Declaration, #3 Exhibit B to Barnes Declaration, #4 Exhibit C to Barnes Declaration, #5 Exhibit D to Barnes Declaration, #6 Declaration of Michael J. Proctor in Support of Mitchell Evans's Opposition to Enterprise Services LLC's Motion to Compel, #7 Exhibit A to Proctor Declaration, #8 Exhibit B to Proctor Declaration, #9 Proposed Order)(Vanderhoof, Brian)
October 3, 2018 Filing 102 NOTICE OF MOTION AND MOTION to Compel Documents in Response to Subpoena Issued to Mitchell Evans filed by Defendant/Counterclaimant Enterprise Services LLC. Motion set for hearing on 10/24/2018 at 10:00 AM before Magistrate Judge Steve Kim. (Vanderhoof, Brian)
October 3, 2018 Filing 101 JOINT STIPULATION to MOTION to Compel Documents in Response to Subpoena Issued to DME Products and Services, Inc. #100 filed by Defendant Enterprise Services LLC. (Attachments: #1 Declaration of Attison L. Barnes, III in Support of Enterprise Services LLC's Motion to Compel Documents in Response to Subpoena Issued to DME Products and Services, Inc., #2 Exhibit A to Barnes Declaration, #3 Exhibit B to Barnes Declaration, #4 Exhibit C to Barnes Declaration, #5 Exhibit D to Barnes Declaration, #6 Declaration of Michael J. Proctor in Support of DME's Opposition to Enterprise Services LLC's Motion to Compel, #7 Exhibit A to Proctor Declaration, #8 Proposed Order)(Vanderhoof, Brian)
October 3, 2018 Filing 100 NOTICE OF MOTION AND MOTION to Compel Documents in Response to Subpoena Issued to DME Products and Services, Inc. filed by Defendant/Counterclaimant Enterprise Services LLC. Motion set for hearing on 10/24/2018 at 10:00 AM before Magistrate Judge Steve Kim. (Vanderhoof, Brian)
September 19, 2018 Opinion or Order Filing 99 ORDER DENYING STIPULATION TO CONTINUE PRE-TRIAL DEADLINES AND TRIAL DATES #98 by Judge S. James Otero (lc)
September 17, 2018 Filing 98 STIPULATION to Continue Pre-trial deadlines and trial dates from January 29, 2019 to March 18, 2019 filed by Plaintiff KST Data, Inc.. (Attachments: #1 Proposed Order)(Bowman, Ashley)
August 8, 2018 Opinion or Order Filing 97 STIPULATED PROTECTIVE ORDER #66 by Magistrate Judge Steve Kim. (clee)
August 7, 2018 Filing 96 Joint STIPULATION for Protective Order filed by Defendants DXC Technology Company,, Enterprise Services LLC. (Attachments: #1 Stipulated Protective Order)(Vanderhoof, Brian)
April 30, 2018 Filing 95 MINUTES (IN CHAMBERS) by Judge S. James Otero: The Court GRANTS without leave to amend Defendants Enterprise Services, LLC and DXC Technology Company's Motion to Dismiss Counts II-IV of Plaintiff's Second Amended Complaint #77 . (lc)
April 23, 2018 Filing 94 Opposition to Supplemental Brief re: NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff's Second Amended Complaint #77 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Van Dyk, Nicole)
April 9, 2018 Filing 93 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff's Second Amended Complaint #77 Supplemental Briefing in Support of Motion to Dismiss Counts II-IV of Plaintiff's Second Amended Complaint Regarding California Law filed by Defendants DXC Technology Company,, Enterprise Services LLC. (Vanderhoof, Brian)
April 9, 2018 Filing 92 NOTICE TO PARTIES by U.S. Magistrate Judge Steve Kim. Effective, April 12, 2018, Judge Kim will be located at the Roybal Federal Building and U.S. Courthouse, COURTROOM 540 on the 5th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 540 of the Roybal Federal Building and U.S. Courthouse, and all mandatory chambers copies shall be delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building and U.S. Courthouse. Magistrate Judge Kim's Courtroom Deputy Clerk, Connie Lee, may be reached at (213) 894-4436. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
April 5, 2018 Filing 91 ANSWER to Answer to Counterclaim, #37 with JURY DEMAND filed by Plaintiff and Counter-Defendant KST Data, Inc..(Van Dyk, Nicole)
March 26, 2018 Filing 90 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING IN PART AND DENYING IN PART COUNTER DEFENDANT KST DATA, INC.'S MOTION TO DISMISS COUNTERCLAIM #57 ; ORDER GRANTING COUNTER DEFENDANT ARMANDO TAN'S MOTION TODISMISS COUNTERCLAIM #67 . KST must file an Answer to ES' Counterclaimwithin 10 days of the date of this Order. ES shall file the supplemental brief requested by the Court within 14 days of the date of this Order; KST shall respond 14 days thereafter. (lc)
March 15, 2018 Filing 89 The Court finds the following motions are suitable for disposition without oral argument and vacates the MOTION to Dismiss Counterclaim filed by Counterdefendant KST Data, Inc. [ECF #57], the MOTION to Dismiss Enterprise Services LLC's Counterclaim filed by Counterdefendant Armando Tan. [ECF #67] and the MOTION to Dismiss Counts II-IV of Plaintiff's Second Amended Complaint filed by Defendants DXC Technology Company,, Enterprise Services LLC. [ECF #77], set for hearing on March 26, 2018. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
March 12, 2018 Filing 88 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff's Second Amended Complaint #77 filed by Defendants DXC Technology Company,, Enterprise Services LLC. (Vanderhoof, Brian)
March 12, 2018 Filing 87 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Enterprise Services LLC's Counterclaim; Memorandum of Points & Authorities in Support Thereof #67 filed by Counter Defendant Armando Tan. (Van Dyk, Nicole)
March 12, 2018 Filing 86 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Counterclaim #57 filed by Counter Defendant KST Data, Inc.. (Van Dyk, Nicole)
March 5, 2018 Filing 85 MINUTES OF MANDATORY SCHEDULING CONFERENCE held before Judge S. James Otero. The Court sets the following schedule: Jury Trial: Tuesday, January 29, 2019 at 9:00 a.m.; Pretrial Conference: Tuesday, January 22, 2019 at 9:00 a.m.; Motion Cutoff: Monday, December 18, 2018 at 10:00 a.m.; Discovery Cutoff: Monday, October 29, 2018; Last Date to Amend: Thursday, April 5, 2018. Reference of the above case to the Alternative Dispute Resolution Program is vacated. Settlement is referred to Private Mediation for all further proceedings. All discovery disputes are to be brought before the Magistrate Judge assigned to the case. See document for details. Court Reporter: Carol Zurborg. (lom)
March 5, 2018 Filing 84 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff's Second Amended Complaint #77 filed by Plaintiff KST Data, Inc.. (Bowman, Ashley)
March 5, 2018 Filing 83 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Enterprise Services LLC's Counterclaim; Memorandum of Points & Authorities in Support Thereof #67 of Armando Tan filed by Counter Claimant Enterprise Services LLC. (Vanderhoof, Brian)
March 5, 2018 Filing 82 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Counterclaim #57 of KST Data, Inc. filed by Counter Claimant Enterprise Services LLC. (Vanderhoof, Brian)
March 5, 2018 Filing 81 NOTICE OF ERRATA filed by Counter Claimant Enterprise Services LLC. correcting Response in Opposition to Motion #80 (Vanderhoof, Brian)
March 5, 2018 Filing 80 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Enterprise Services LLC's Counterclaim; Memorandum of Points & Authorities in Support Thereof #67 filed by Counter Claimant Enterprise Services LLC. (Vanderhoof, Brian)
February 26, 2018 Filing 79 STIPULATION to Dismiss Counterdefendant Mitchell Evans filed by Defendant and Counterclaimant Enterprise Services LLC.(Vanderhoof, Brian)
February 23, 2018 Opinion or Order Filing 78 ORDER ON JOINT STIPULATION TO EXTEND TIME FOR COUNTERDEFENDANT MITCHELL EVANS TO RESPOND TO ENTERPRISE SERVICES LLCS COUNTERCLAIM TO FEBRUARY 26, 2018 #76 by Judge S. James Otero (lc)
February 22, 2018 Filing 77 NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff's Second Amended Complaint filed by Defendants DXC Technology Company,, Enterprise Services LLC. Motion set for hearing on 3/26/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss Counts II-IV of Plaintiff's Second Amended Complaint, #2 Proposed Order) (Vanderhoof, Brian)
February 20, 2018 Filing 76 STIPULATION Extending Time to Answer the complaint as to Mitchell Evans answer now due 2/26/2018, re Order Extending Answer Due Deadline #75 filed by Counterdefendant Mitchell Evans. (Attachments: #1 Proposed Order on Joint Stipulation to Extend Time for Counterdefendant Mitchell Evans to Respond to Enterprise Services LLC's Counterclaim)(Esbenshade, Andrew)
February 13, 2018 Opinion or Order Filing 75 ORDER ON JOINT STIPULATION EXTENDS TIME FOR COUNTERDEFENDANT MITCHELL EVANS TO RESPOND TO ENTERPRISE SERVICES LLCS COUNTERCLAIM TO FEBRUARY 20, 2018 #72 by Judge S. James Otero (lc)
February 12, 2018 Filing 74 SECOND AMENDED COMPLAINT against Defendants DXC Technology Company,, Enterprise Services LLC amending Complaint - (Discovery), filed by Plaintiff KST Data, Inc.(Van Dyk, Nicole)
February 12, 2018 Opinion or Order Filing 73 ORDER ON JOINT STIPULATION TO EXTEND TIME FOR COUNTER DEFENDANT MITCHELL EVANS TO RESPOND TO ENTERPRISE SERVICES LLCS COUNTERCLAIM TO FEBRUARY 9, 2018 #72 by Judge S. James Otero (lc)
February 9, 2018 Filing 72 STIPULATION Extending Time to Answer the complaint as to Mitchell Evans answer now due 2/20/2018, re Stipulation Extending Time to Answer (30 days or less), #70 filed by Counterdefendant Mitchell Evans. (Attachments: #1 Proposed Order on Joint Stipulation to Extend Time for Counterdefendant Mitchell Evans to Respond to Enterprise Services LLC's Counterclaim)(Esbenshade, Andrew)
February 2, 2018 Filing 71 CERTIFICATE of Interested Parties filed by Counterdefendant Mitchell Evans, identifying None. (Esbenshade, Andrew)
February 2, 2018 Filing 70 STIPULATION Extending Time to Answer the complaint as to Mitchell Evans answer now due 2/9/2018, re Answer to Counterclaim, #37 filed by Counterdefendant Mitchell Evans. (Attachments: #1 Proposed Order on Joint Stipulation to Extend Time for Counter Defendant Mitchell Evans to Respond to Enterprise Services LLC's Counterclaim)(Attorney Andrew A Esbenshade added to party Mitchell Evans(pty:cd))(Esbenshade, Andrew)
January 31, 2018 Filing 69 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING DEFENDANT'S MOTION TO DISMISS COUNTS II-IV OF PLAINTIFF'S COMPLAINT #35 . Plaintiff has 10 days from the date of this Order to file and serve on Defendant a Second Amended Complaint. Defendant has 10 days thereafter to respond. (lc)
January 30, 2018 Filing 68 The Court finds the following motion suitable for disposition without oral argument and vacates the MOTION to Dismiss Counts II-IV of Plaintiff's Complaint filed by Defendant Enterprise Services LLC. [ECF #35]., set for hearing on February 5, 2018. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY
January 29, 2018 Filing 67 NOTICE OF MOTION AND MOTION to Dismiss Enterprise Services LLC's Counterclaim; Memorandum of Points & Authorities in Support Thereof filed by Counterdefendant Armando Tan. Motion set for hearing on 3/26/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration of Nicole Van Dyk ISO Armando Tan's Motion to Dismiss, #2 Proposed Order) (Attorney Nicole R Van Dyk added to party Armando Tan(pty:cd)) (Van Dyk, Nicole)
January 26, 2018 Filing 66 PROOF OF SERVICE filed by Plaintiff KST Data, Inc., re Order on Motion for Leave to File Document Under Seal,, #63 , Sealed Document, #65 (Served via Email and Federal Express) served on January 26, 2018. (Van Dyk, Nicole)
January 26, 2018 Filing 65 SEALED DOCUMENT (EXHIBITS 1 AND 2 TO DECL. OF NICOLE VAN DYK ISO MOTION TO DISMISS COUNTERCLAIM) re NOTICE OF MOTION AND MOTION to Dismiss Counterclaim #57 , Order on Motion for Leave to File Document Under Seal,, #63 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Exhibit 1 (UNREDACTED), #2 Exhibit 2 (UNREDACTED))(Van Dyk, Nicole)
January 26, 2018 Filing 64 EXHIBIT to NOTICE OF MOTION AND MOTION to Dismiss Counterclaim #57 (Filed Pursuant to Court Order at Dkt. 63) filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Exhibit 1 - Part 1 (REDACTED), #2 Exhibit 1 - Part 2 (REDACTED), #3 Exhibit 2 (REDACTED))(Van Dyk, Nicole)
January 26, 2018 Opinion or Order Filing 63 ORDER GRANTING KST DATA, INC.S APPLICATION TO FILE EXHIBITS UNDER SEAL #55 by Judge S. James Otero: Plaintiff and Counterdefendant KST Data, Incs Application for Order Sealing Exhibits 1 and 2 to the Declaration of Nicole Van Dyk in Support of Motion to Dismiss Enterprise Service LLCs Counterclaim is GRANTED IN PART; and Plaintiff and Counterdefendant KST Data, Incs Application for Order Sealing Exhibits 1 and 2 to the Declaration of Nicole Van Dyk in Support of Motion to Dismiss Enterprise Service LLCs Counterclaim shall be FILED UNDER SEAL only as to those portions set forth below, and the Plaintiff is directed to file public and private versions accordingly. (lc)
January 22, 2018 Filing 62 DECLARATION of Adam Kiefer Regarding APPLICATION to file document Exhibits 1 and 2 to Declaration of Nicole Van Dyk in Support of Counterdefendant's Motion to Dismiss under seal #55 filed by Defendants DXC Technology, Enterprise Services LLC. (Attachments: #1 Declaration of Adam Kiefer, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Vanderhoof, Brian)
January 22, 2018 Filing 61 REPLY filed by Defendant Enterprise Services LLC In Support of Its Motion to Dismiss Counts II-IV of Plaintiff's First Amended Complaint (Vanderhoof, Brian)
January 17, 2018 Opinion or Order Filing 60 ORDER ON JOINT STIPULATION TO CONTINUE RULE 26 SCHEDULING CONFERENCE #58 by Judge S. James Otero : the Scheduling Conference currently on calendar for January 22, 2018 be continued to March 5, 2018 at 8:30 a.m (lc)
January 17, 2018 Filing 59 PROOF OF SERVICE filed by Plaintiff and Counterdefendant KST Data, Inc., re Declaration of Nicole Van Dyk in Support of KST's Application for Leave to File Under Seal served on January 17, 2018. (Van Dyk, Nicole)
January 17, 2018 Filing 58 Joint STIPULATION to Continue Rule 26 Scheduling Conference from January 22, 2018 to March 5, 2018 filed by Defendants DXC Technology Company,, Enterprise Services LLC. (Attachments: #1 Proposed Order)(Vanderhoof, Brian)
January 16, 2018 Filing 57 NOTICE OF MOTION AND MOTION to Dismiss Counterclaim filed by Counterdefendant KST Data, Inc.. Motion set for hearing on 3/26/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order) (Van Dyk, Nicole)
January 16, 2018 Filing 56 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 1 and 2 to Declaration of Nicole Van Dyk in Support of Counterdefendant's Motion to Dismiss under seal #55 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Unredacted Document, #2 Unredacted Document)(Van Dyk, Nicole)
January 16, 2018 Filing 55 APPLICATION to file document Exhibits 1 and 2 to Declaration of Nicole Van Dyk in Support of Counterdefendant's Motion to Dismiss under seal filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Attachments: #1 Redacted Document, #2 Redacted Document, #3 Proposed Order)(Van Dyk, Nicole)
January 12, 2018 Filing 54 OPPOSITION to Enterprise Services LLC's Motion to Dismiss re: NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff's Complaint #35 filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. (Bowman, Ashley)
January 12, 2018 Filing 53 Notice of Appearance or Withdrawal of Counsel: for attorney Ashley D Bowman counsel for Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc.. Adding Ashley D. Bowman as counsel of record for KST Data, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff and Counterdefendant KST Data, Inc.. (Attorney Ashley D Bowman added to party KST Data, Inc.(pty:cd), Attorney Ashley D Bowman added to party KST Data, Inc.(pty:pla))(Bowman, Ashley)
January 9, 2018 Filing 52 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Counter Defendant KST Data, Inc., Plaintiff KST Data, Inc... (Van Dyk, Nicole)
January 5, 2018 Filing 51 21 DAY Summons Issued re COUNTERCLAIM #37 as to COUNTER DEFENDANT Armando Tan. (lc)
January 5, 2018 Filing 50 21 DAY Summons Issued re COUNTERCLAIM #37 as to COUNTER DEFENDANT Mitchell Evans. (lc)
January 4, 2018 Filing 49 Request for Clerk to Issue Summons on Answer to Counterclaim, #37 filed by Defendant and Counterclaimant Enterprise Services LLC. (Attachments: #1 Notice of Errata re #37 Answer, Affirmative Defenses and Counterclaim of Enterprise Services LLC)(Vanderhoof, Brian)
January 4, 2018 Filing 48 Request for Clerk to Issue Summons on Answer to Counterclaim, #37 filed by Defendant and Counterclaimant Enterprise Services LLC. (Attachments: #1 Notice of Errata re #37 Answer, Affirmative Defenses and Counterclaim of Enterprise Services LLC)(Vanderhoof, Brian)
January 4, 2018 Filing 47 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request on counterclaim, #45 , Summons Request on counterclaim, #46 . The following error(s) was found: Please remove the 30 page pleading of the answer and counterclaim. Clerk does not serve the pleading for the filer. Resubmit the request with only the Errata attached. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc)
January 4, 2018 Filing 46 Request for Clerk to Issue Summons on Answer to Counterclaim, #37 filed by Defendant and Counterclaimant Enterprise Services LLC. (Attachments: #1 Notice of Errata re #37 Answer, Affirmative Defenses and Counterclaim of Enterprise Services LLC)(Vanderhoof, Brian)
January 4, 2018 Filing 45 Request for Clerk to Issue Summons on Answer to Counterclaim, #37 filed by Defendant and Counterclaimant Enterprise Services LLC. (Attachments: #1 Notice of Errata re #37 Answer, Affirmative Defenses and Counterclaim of Enterprise Services LLC)(Vanderhoof, Brian)
January 3, 2018 Filing 44 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #43 , Summons Request #42 . The following error(s) was found: Although filer filed an errata identifying the missing parties on its counterclaim caption, the summons form has incorrect party type as plaintiff and defendant. 1) Please correct party type to Counterclaimant and Counter defendants; 2) under the summons title Please indicate" On the Counterclaim"; 3) attach a copy of the Errata with the complete caption to the summons form since filer did not amend the pleading itself. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc)
December 29, 2017 Filing 43 Request for Clerk to Issue Summons on Answer to Counterclaim, #37 filed by Defendant/Counterclaimant Enterprise Services LLC. (Vanderhoof, Brian)
December 29, 2017 Filing 42 Request for Clerk to Issue Summons on Answer to Counterclaim, #37 filed by Defendant/Counterclaimant Enterprise Services LLC. (Vanderhoof, Brian)
December 29, 2017 Filing 41 NOTICE OF ERRATA filed by Defendant Enterprise Services LLC. correcting Answer to Counterclaim, #37 Answer, Affirmative Defenses, and Counterclaim of Enterprise Services LLC (Vanderhoof, Brian)
December 29, 2017 Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Enterprise Services LLC Counterclaim portion ONLY #37 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): FRCP 10: Caption of the counterclaim incomplete, Missing new parties not previously in the action. Missing Armando Tan and Mitchell Evans. Filer needs to correct caption. (Note Clerk has added the missing parties to docket only- Filer needs to correct incomplete caption). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
December 19, 2017 Filing 39 Certification and NOTICE of Interested Parties filed by Defendants DXC Technology, Enterprise Services LLC, (Attorney Brian C Vanderhoof added to party DXC Technology(pty:dft))(Vanderhoof, Brian)
December 19, 2017 Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Enterprise Services LLC NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff's Complaint #35 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
December 18, 2017 Filing 37 ANSWER to Amended Complaint/Petition #24 with JURY DEMAND, COUNTERCLAIM against KST Data, Inc. filed by Defendant and Counterclaimant Enterprise Services LLC.(Vanderhoof, Brian)
December 18, 2017 Filing 36 ANSWER to Amended Complaint/Petition #24 with JURY DEMAND and Affirmative Defenses filed by Defendant DXC Technology Company,.(Vanderhoof, Brian)
December 18, 2017 Filing 35 NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff's Complaint filed by Defendant Enterprise Services LLC. Motion set for hearing on 2/5/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum of Points and Authorities In Support of Motion, #2 Proposed Order) (Attorney Brian C Vanderhoof added to party Enterprise Services LLC(pty:dft)) (Vanderhoof, Brian)
November 29, 2017 Opinion or Order Filing 34 ORDER DENYING AS MOOT DEFNDANT INTERVENOR ENTERPRISES SERVICES LL'C MOTION TO LEAVE TO INTERVENE #13 by Judge S. James Otero (lc)
November 22, 2017 Opinion or Order Filing 33 ORDER ON JOINT STIPULATION #31 , by Judge S. James Otero: Defendants shall have up to and including December 18, 2017 to answer or otherwise respond to the First Amended Complaint, including the filing of counterclaims; Plaintiff shall have up to and including January 16, 2018 to answer or otherwise respond to any counterclaims filed against it; and Defendants Rule 12(b)(6) Motion to Dismiss the First Amended Complaint, if any, shall be scheduled for hearing on February 5, 2018 or at a later date that is convenient to the Courts calendar. (lc)
November 21, 2017 Filing 32 NOTICE OF ERRATA filed by Defendant DXC Technology Company,. correcting Stipulation for Extension of Time to File #31 (Attachments: #1 Exhibit A)(Vanderhoof, Brian)
November 20, 2017 Filing 31 Joint STIPULATION for Extension of Time to File Response to First Amended Complaint and Anticipated Counterclaims filed by Defendants DXC Technology Company,, Enterprise Services LLC. (Attachments: #1 Proposed Order)(Vanderhoof, Brian)
November 16, 2017 Opinion or Order Filing 30 ORDER GRANTING APPLICATION of Non-Resident Attorney Attison L. Barnes, III to Appear Pro Hac Vice on behalf of Defendant DXC Technology Company,, Movant Enterprise Services LLC and designating Brian C. Vanderhoof as local counsel #22 by Judge S. James Otero (lc)
November 16, 2017 Filing 29 21 DAY Summons Issued re First Amended Complaint/Petition #24 as to defendant Enterprise Services LLC. (lc)
November 16, 2017 Filing 28 Request for Clerk to Issue Summons on Amended Complaint/Petition #24 filed by Plaintiff KST Data, Inc.. (Attachments: #1 Face Page of First Amended Complaint)(Van Dyk, Nicole)
November 16, 2017 Filing 27 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #26 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Plaintiff named on caption is incomplete. Has to match as named in the complaint, including plaintiffs description "a California Corporation". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc)
November 15, 2017 Filing 26 Request for Clerk to Issue Summons on Amended Complaint/Petition #24 filed by Plaintiff KST Data, Inc.. (Van Dyk, Nicole)
November 14, 2017 Filing 25 NOTICE of Interested Parties filed by Plaintiff KST Data, Inc., identifying KST Data, Inc., Torres Tansobing, Johnson Tanseyu, Rosa Tandelian, Enterprise Services LLC, DXC Technology Company. (Van Dyk, Nicole)
November 13, 2017 Filing 24 FIRST AMENDED COMPLAINT against Defendants DXC Technology Company and Enterprise Services LLC KST Data, Inc. amending Complaint - (Discovery), filed by Plaintiff KST Data, Inc.(Van Dyk, Nicole)
November 13, 2017 Filing 23 OPPOSITION re: NOTICE OF MOTION AND MOTION to Intervene #13 filed by Plaintiff KST Data, Inc.. (Van Dyk, Nicole)
November 10, 2017 Filing 22 APPLICATION of Non-Resident Attorney Attison L. Barnes, III to Appear Pro Hac Vice on behalf of Defendant DXC Technology Company,, Movant Enterprise Services LLC (Pro Hac Vice Fee - $325 Previously Paid on 11/1/2017, Receipt No. 0973-20757477) DXC Technology Company,, Enterprise Services LLC. (Attachments: #1 Proposed Order) (Vanderhoof, Brian)
November 8, 2017 Opinion or Order Filing 21 ORDER SETTING SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 1/8/2018. Scheduling Conference set for 1/22/2018 at 08:30 AM before Judge S. James Otero. (vcr)
November 8, 2017 Opinion or Order Filing 20 INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr)
November 7, 2017 Filing 19 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Attison L. Barnes, III to Appear Pro Hac Vice on behalf of Defendant DXC Technology Company #8 by Clerk of Court. The document is stricken.Additionally, FAILURE to comply with L.R. 5-4.4 Submission of Proposed Orders, Judgments, orOther Proposed Documents That Require a Judges Signature., L.R. 5-4.5 Mandatory Chambers Copies and Court's Standing Order. (lc)
November 7, 2017 Filing 18 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Enterprise Services LLC Answer to Complaint (Discovery), Counterclaim #15 , NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff's Complaint #14 by Clerk of Court. The document is stricken. (lc)
November 7, 2017 Filing 17 AMENDED #16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Enterprise NOTICE OF MOTION AND MOTION to Intervene #13 , Answer to Complaint (Discovery), Counterclaim #15 , NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff 9;s Complaint #14 . The following error(s) was/were found: Leave of court required for filing. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): 1) No order nor proceeding permitting Enterprise to Intervene in the case. 2) Therefore answer and counterclaim efiled in error, or should have been submitted as a separate attachment to a main document until an order granting intervention is issued. The Counterclaim is erroneously filed against itself.In response to this notice, the Court may : (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so (lc)
November 7, 2017 Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Intervene #13 , Answer to Complaint (Discovery), Counterclaim #15 , NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff's Complaint #14 . The following error(s) was/were found: Leave of court required for filing. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): 1) No order nor proceeding permitting Enterprise to Intervene in the case. 2) Therefore answer and counterclaim efiled in error, or should have been submitted as a separate attachment to a main document until an order granting intervention is issued. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
November 6, 2017 Filing 15 ANSWER to Complaint - (Discovery) with JURY DEMAND , COUNTERCLAIM against Enterprise Services LLC filed by Intervenor/Counterclaim-Plaintiff Enterprise Services LLC.(Vanderhoof, Brian) Modified on 11/7/2017 (lc). (STRICKEN PER COURTS G112B RESPONSE)
November 6, 2017 Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Counts II-IV of Plaintiff's Complaint filed by Intervenor Enterprise Services LLC. Motion set for hearing on 12/4/2017 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Proposed Order) (Vanderhoof, Brian) Modified on 11/7/2017 (lc). (STRICKEN PER COURTS G112B RESPONSE)
November 6, 2017 Filing 13 NOTICE OF MOTION AND MOTION to Intervene filed by Intervenor Enterprise Services LLC. Motion set for hearing on 12/4/2017 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Intervene, #2 Declaration of Adam Kiefer, #3 Proposed Order) (Attorney Brian C Vanderhoof added to party Enterprise Services LLC(pty:intvd)) (Vanderhoof, Brian)
November 6, 2017 Filing 12 ANSWER to Complaint - (Discovery) with JURY DEMAND filed by Defendant DXC Technology Company,.(Vanderhoof, Brian)
November 6, 2017 Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff Miscellaneous Document #10 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Jury Demand. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
November 6, 2017 Filing 10 Plaintiff KST Data, Inc.'s Demand for Jury Trial filed by Plaintiff KST Data, Inc. (Van Dyk, Nicole)
November 2, 2017 Filing 9 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Attison L. Barnes, III to Appear Pro Hac Vice on behalf of Defendant DXC Technology Company, (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20757477) #8 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lom)
November 1, 2017 Filing 8 APPLICATION of Non-Resident Attorney Attison L. Barnes, III to Appear Pro Hac Vice on behalf of Defendant DXC Technology Company, (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20757477) filed by Defendant DXC Technology Company,. (Attachmen ts: #1 Proposed Order) (Vanderhoof, Brian)
October 31, 2017 Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Attison L. Barnes, III. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa)
October 31, 2017 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
October 31, 2017 Filing 5 NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge Steve Kim. (esa)
October 30, 2017 COPY OF SERVICE OF PROCESS TRANSMITTAL PROOF OF SERVICE executed by Plaintiff KST Data, Inc., upon Defendant DXC Technology served on 9/29/2017. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Process of Service. Original Summons NOT returned. (esa)
October 30, 2017 CONFORMED COPY OF COMPLAINT against defendants DXC Technology, Does 1-100, Jury Demand, filed by plaintiff KST Data, Inc. (esa)
October 30, 2017 Filing 4 PROOF OF SERVICE filed by Defendant DXC Technology Company,, re Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 served on 10/30/2017. (Vanderhoof, Brian)
October 30, 2017 Filing 3 Certification and NOTICE of Interested Parties filed by Defendant DXC Technology Company,, (Vanderhoof, Brian)
October 30, 2017 Filing 2 CIVIL COVER SHEET filed by Defendant DXC Technology Company,. (Vanderhoof, Brian)
October 30, 2017 Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC677732 Receipt No: 0973-20745977 - Fee: $400, filed by Defendant DXC Technology Company,. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Attorney Brian C Vanderhoof added to party DXC Technology Company,(pty:dft))(Vanderhoof, Brian)

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Search for this case: KST Data, Inc. v. DXC Technology, et al
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Defendant: DXC Technology Company,
Represented By: Brian C Vanderhoof
Represented By: Attison L Barnes, III
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Defendant: Enterprise Services LLC
Represented By: Brian C Vanderhoof
Represented By: Steven A Haskins
Represented By: Emilie Justine Zuccolotto
Represented By: Hilary Potashner
Represented By: Stephen Gerard Larson
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Defendant: DXC Technology
Represented By: Brian C Vanderhoof
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Defendant: Does 1-100
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Plaintiff: KST Data, Inc.
Represented By: Nicole R Van Dyk
Represented By: Kenneth Paul Hsu
Represented By: Ashley D. Bowman
Represented By: Randall S Leff
Represented By: Gary S Lincenberg
Represented By: Naeun Rim
Represented By: Ashley D Bowman
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Counter defendant: Armando Tan
Represented By: Nicole R Van Dyk
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Counter defendant: Mitchell Evans
Represented By: Andrew A Esbenshade
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Interested party: DME Products and Systems, Inc.
Represented By: Michael J Proctor
Represented By: Michael J. Proctor
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Interested party: Mr. Mitchell Evans
Represented By: Michael J Proctor
Represented By: Michael J. Proctor
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