Virun, Inc. v. Cymbiotika LLC et al
| Virun, Inc. |
| Cymbiotika LLC, Chervin Jafarieh, Shabab Elmi and Does 1 through 10, inclusive |
| Roes |
| Philip Bromley |
| 8:2022cv00325 |
| March 1, 2022 |
| US District Court for the Central District of California |
| Wesley L Hsu |
| Douglas F McCormick |
| Karen E Scott |
| Sunshine Suzanne Sykes |
| Defend Trade Secrets Act (of 2016) |
| Both |
Docket Report
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This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.
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Filing 155
ORDER OF THE CHIEF JUDGE (#23-054) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Wesley L. Hsu, this case is transferred from Judge Sunshine Suzanne Sykes to the calendar of Judge Wesley L. Hsu for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:22-cv-00325-SSS-DFMx. (ap)
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Filing 154
SCHEDULING NOTICE AND ORDER by Judge Sunshine S. Sykes: On its own motion, the Court hereby CONTINUES the hearing on the Motions to Dismiss [Dkt. #145 & #146 ] from May 12, 2023, to June 30, 2023, at 2:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 153 PROOF OF SERVICE filed by Plaintiff and Counterdefendant, and Third Party Defendant Philip Bromley, Virun, Inc., Virun, Inc., re Reply (Motion related) #150 , Reply (Motion related) #149 served on April 28, 2023. (Naqvi, Kazim) |
| Filing 152 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Reply (Motion related) #150 . The following error(s) was/were found: Fed. R. Civ. P. 5 no proof of service attached. 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. (shb) |
| Filing 151 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Reply (Motion related) #149 . The following error(s) was/were found: Fed. R. Civ. P. 5 no proof of service attached. 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. (shb) |
| Filing 150 REPLY support of Motion to Dismiss Counts 1 through 4 in Third Party Complainant Cymbiotika's Amended Third Party Complaint filed by ThirdParty Defendant Philip Bromley. (Raygor, Kent) |
| Filing 149 REPLY support of Motion to Dismiss Counts 1 through 8 in Cymbiotika Second Amended Counterclaims filed by ThirdParty Defendant Philip Bromley, Plaintiff Virun, Inc., Counter Defendant Virun, Inc.. (Raygor, Kent) |
| Filing 148 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Hearing to Dismiss Counts 1 - 4 in 3-P Complainant Cymbiotika LLC's Amended 3-P Complaint Pursuant to Fed.R.Civ.P. 12(b)(6), re Amended Third-Party Complaint,, #141 , #146 filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh, ThirdParty Plaintiff Cymbiotika LLC, Counter Claimant Cymbiotika LLC. (Shaeffer, John) |
| Filing 147 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Hearing To Dismiss Counts 1 - 8 in Counterclaimant Cymbiotika LLC's SACC Pursuant To Fed.R.Civ.P. 12(b)(6), re Amended Counterclaim,, #140 , #145 filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh, ThirdParty Plaintiff Cymbiotika LLC, Counter Claimant Cymbiotika LLC. (Shaeffer, John) |
| Filing 146 NOTICE OF MOTION AND MOTION for Hearing to Dismiss Counts 1 - 4 in 3-P Complainant Cymbiotika LLC's Amended 3-P Complaint Pursuant to Fed.R.Civ.P. 12(b)(6), re Amended Third-Party Complaint,, #141 , filed by Third-Party Defendant Philip Bromley. Motion set for hearing on 5/12/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Proposed Order Granting 3-P Def. Philip Bromley's MTD Counts 1 - 4 in 3-P Complainant Cymbiotika LLC's Amended 3-P Complaint) (Naqvi, Kazim) Modified on 5/9/2023 (iva). |
| Filing 145 NOTICE OF MOTION AND MOTION for Hearing To Dismiss Counts 1 - 8 in Counterclaimant Cymbiotika LLC's SACC Pursuant To Fed.R.Civ.P. 12(b)(6), re Amended Counterclaim,, #140 , filed by Counter-Defendant Virun, Inc.. Motion set for hearing on 5/12/2023 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Proposed Order Granting Virun's MTD Counts 1 - 8 in Counter-Claimant Cymbiotika LLC's SACC) (Naqvi, Kazim) Modified on 5/9/2023 (iva). |
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Filing 144
ORDER GRANTING JOINT STIPULATION REGARDING BRIEFING AND HEARING SCHEDULE ON MOTIONS TO DISMISS SECOND AMENDED COUNTERCLAIMS AND AMENDED, #143 by Judge Sunshine Suzanne Sykes: NOTE CHANGES MADE BY COURT. Court, having reviewed the stipulation submitted concurrently herewith, and good cause appearing therefore, hereby ORDERS THAT: 1. The deadline for Virun to file its motion to dismiss the SACC is March 24, 2023; 2. The deadline for Bromley to file his motion to dismiss the ATPC is March 24, 2023; 3. Cymbiotikas deadline to file its oppositions to the two motions to dismiss is April 14, 2023; 4. Viruns deadline to file its reply in support of its motion to dismiss the SACC is April 28, 2023; 5. Bromleys deadline to file his reply in support of his motion to dismiss the ATPC is April 28, 2023; 6. The hearing on the two motions to dismiss shall be on May 12, 2023, at 2:00 p.m. IT IS SO ORDERED. (shb)
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| Filing 143 Joint STIPULATION for Extension of Time to File VIRUN's MTD the SACC; BROMLEY's MTD the ATPC; CYMBIOTIKA's Opposition to the two motions to dismiss; VIRUN's Reply iso its MTD the SACC; BROMLEY's Reply iso his MTD the ATPC; and the Hearing on the two Motions to Dismiss filed by Plaintiff and Counter-Defendant and Third-party Defendant Philip Bromley, Virun, Inc., Virun, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation Regarding Briefing and Hearing Schedule On Motions To Dismiss Second Amended Counterclaims and Amended Third Party Complaint)(Naqvi, Kazim) |
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Filing 142
ORDER by Judge Sunshine Suzanne Sykes: Granting #138 Request to Substitute Attorney Kent R. Raygor. Attorney Sharlene Denise Lee; Gary W Nevers; Victor Balladares and Alisa S Edelson terminated. (twdb)
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| Filing 141 FIRST AMENDED THIRD-PARTY COMPLAINT against Third-Party Defendant Philip Bromley amending Third Party Complaint #105 ; JURY DEMAND, filed by Defendant, Cross-Claimant and Third-Party Complainant Chervin Jafarieh, Cymbiotika LLC, Shabab Elmi (Attachments: #1 Exhibit A to CYMBIOTIKA'S AMENDED THIRD-PARTY COMPLAINT AGAINST PHILLIP BROMLEY, #2 Exhibit B to CYMBIOTIKA'S AMENDED THIRD-PARTY COMPLAINT AGAINST PHILLIP BROMLEY, #3 Exhibit C to CYMBIOTIKA'S AMENDED THIRD-PARTY COMPLAINT AGAINST PHILLIP BROMLEY, #4 Exhibit D to CYMBIOTIKA'S AMENDED THIRD-PARTY COMPLAINT AGAINST PHILLIP BROMLEY, #5 Exhibit E to CYMBIOTIKA'S AMENDED THIRD-PARTY COMPLAINT AGAINST PHILLIP BROMLEY)(Shaeffer, John) |
| Filing 140 SECOND AMENDED COUNTERCLAIM against Plaintiff and Counterclaim Defendant Virun, Inc. amending Counterclaim #99 , Amended Counterclaim, #104 ; JURY DEMAND, filed by Defendant and/or Cross-Claimant Chervin Jafarieh, Cymbiotika LLC, Shabab Elmi (Attachments: #1 Exhibit A to CYMBIOTIKA'S SECOND AMENDED COUNTERCLAIMS AGAINST VIRUN, INC., #2 Exhibit B to CYMBIOTIKA'S SECOND AMENDED COUNTERCLAIMS AGAINST VIRUN, INC., #3 Exhibit C to CYMBIOTIKA'S SECOND AMENDED COUNTERCLAIMS AGAINST VIRUN, INC., #4 Exhibit D to CYMBIOTIKA'S SECOND AMENDED COUNTERCLAIMS AGAINST VIRUN, INC., #5 Exhibit E to CYMBIOTIKA'S SECOND AMENDED COUNTERCLAIMS AGAINST VIRUN, INC.)(Shaeffer, John) |
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Filing 139
ORDER GRANTING JOINT STIPULATION TO AMEND STIPULATED PROTECTIVE ORDER [DKT. NO. 27] by Magistrate Judge Douglas F. McCormick, re Stipulation for Order #137 IT IS HEREBY ORDERED THAT: The Parties' request for an amendment to Paragraph 7.3 of this Court's Order on Stipulated Protective Order is GRANTED. The Order on Stipulated Protective Order's Paragraph 7.3 is amended to reflect the following: SEE DOCUMENT FOR FURTHER INFORMATION. (es)
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| Filing 138 Request for Approval of Substitution or Withdrawal of Counsel (Attachments: #1 Proposed Order)(Nevers, Gary) Modified on 2/27/2023 (twdb). |
| Filing 137 Joint STIPULATION for Order TO AMEND PROTECTIVE ORDER filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh. (Attachments: #1 Proposed Order)(Shaeffer, John) |
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Filing 136
ORDER GRANTING MOTION TO DISMISS COUNTERCLAIMS [Dkt. 113] by Judge Sunshine Suzanne Sykes: The Court GRANTS Viruns motion to dismiss in full. Cymbiotika is DIRECTED to file its amended counterclaims no later than Friday, February 24, 2023. Cymbiotika is further DIRECTED to file a redlined version of its amended counterclaims identifying all additions and deletions of material as an appendix to the amended counterclaims. An additional copy of this redlined version must be provided to Chambers by email at SSS_Chambers@cacd.uscourts.gov on the same day it is filed electronically. IT IS SO ORDERED. (shb)
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Filing 135
(IN CHAMBERS) ORDER by Judge Sunshine S. Sykes: The Court finds that the Motion to Dismiss [Dkt. 113] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on February 10, 2023. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 134 Notice of Appearance or Withdrawal of Counsel: for attorney Kazim A Naqvi counsel for ThirdParty Defendant Philip Bromley, Plaintiff Virun, Inc.. Adding Kazim A. Naqvi as counsel of record for Virun, Inc. and Philip Bromley for the reason indicated in the G-123 Notice. Filed by Plaintiff and Counter-Defendant and Third-Party Defendant Virun, Inc. and Philip Bromley. (Attorney Kazim A Naqvi added to party Philip Bromley(pty:3pd), Attorney Kazim A Naqvi added to party Virun, Inc.(pty:pla))(Naqvi, Kazim) |
| Filing 133 Notice of Appearance or Withdrawal of Counsel: for attorney Kent R Raygor counsel for ThirdParty Defendant Philip Bromley, Plaintiff Virun, Inc.. Adding Kent R. Raygor as counsel of record for Virun, Inc. and Philip Bromley for the reason indicated in the G-123 Notice. Filed by Plaintiff and Third-Party Defendant Virun, Inc. and Philip Bromley. (Attorney Kent R Raygor added to party Philip Bromley(pty:3pd), Attorney Kent R Raygor added to party Virun, Inc.(pty:pla))(Raygor, Kent) |
| Filing 132 Notice of Appearance or Withdrawal of Counsel: for attorney Darren M. Franklin counsel for ThirdParty Defendant Philip Bromley, Plaintiff Virun, Inc.. Adding Darren M. Franklin as counsel of record for Virun, Inc. and Philip Bromley for the reason indicated in the G-123 Notice. Filed by Plaintiff Virun, Inc.. (Attorney Darren M. Franklin added to party Philip Bromley(pty:3pd), Attorney Darren M. Franklin added to party Virun, Inc.(pty:pla))(Franklin, Darren) |
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Filing 131
ORDER GRANTING STIPULATION TO EXTEND SCHEDULE OF PRETRIAL AND TRIAL DATES[Dkt. 130] by Judge Sunshine Suzanne Sykes: NOTE CHANGES MADE BY COURT. The Court, having considered the Joint Stipulation to Extend the Schedule ofPretrial and Trial Dates and finding good cause, hereby GRANTS the Stipulation to Extend the Schedule of Pretrial and Trial Dates. The new deadlines are set forth in the Scheduling Order chart filed with this Order. All deadlines established by the prior Civil Trial Order [Dkt. #115] are hereby VACATED. Amended Pleadings due by 1/13/2022., Discovery cut-off 11/3/2023., Exhibit List due by 4/12/2024., Witness List due by 4/12/2024., Motions in Limine to be filed by 3/29/2024., Last date to conduct settlement conference is 3/15/2024., Final Pretrial Conference set for 5/10/2024 at 1:00 PM before Judge Sunshine Suzanne Sykes., Jury Trial set for 6/3/2024 at 9:00 AM before Judge Sunshine Suzanne Sykes. IT IS SO ORDERED. (shb)
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| Filing 130 Joint STIPULATION to Continue PRETRIAL AND TRIAL DATES from See Schedule to See Schedule filed by Plaintiff Virun, Inc.. (Attachments: #1 Proposed Order)(Nevers, Gary) |
| Filing 129 STATUS REPORT (JOINT) filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh, ThirdParty Plaintiff Cymbiotika LLC, Counter Claimant Cymbiotika LLC. (Grant, Jeffrey) |
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Filing 128
ORDER CONTINUING HEARING ON PLAINTIFFS MOTION TO DISMISS DEFENDANTS COUNTERCLAIMS AND ORDERING PARTIES TO MEET AND CONFER [Dkt. 113], by Judge Sunshine Suzanne Sykes: The Court hereby CONTINUES the hearing on Plaintiffsmotion to dismiss from Friday, January 6, 2023 to Friday, February 10, 2023 at 2P.M. It further ORDERS the parties to meet and confer, either in person or bytelephone, in advance of this hearing. Following this conference, but no later than Friday, January 20, 2023, the parties are to file a joint status report summarizing their discussion and identifying the particular issues that they were unable to resolve. The parties are reminded that this report must comply with all meet-and confer requirements as set forth in both Local Rule 7-3 and this Courts standing orders. IT IS SO ORDERED. See order for more information. (shb)
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Filing 127
ORDER by Judge Sunshine Suzanne Sykes: Viruns Motion for Preliminary Injunction [Dkt. 20] is DENIED. IT IS SO ORDERED. (shb)
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| Filing 126 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/28/22 re Transcript #125 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Preston, Phyllis) TEXT ONLY ENTRY |
| Filing 125 TRANSCRIPT for proceedings held on 10/28/22. Court Reporter: Phyllis Preston, stenojag@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/4/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/14/2023. (Preston, Phyllis) |
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Filing 124
ORDER ON JOINT STIPULATION (1) FOR CYMBIOTIKA TO FILE A FIRST AMENDED THIRD PARTY COMPLAINT AND (2) TO TOLL THE TIME FOR SPECIALLY APPEARING THIRD PARTY DEFENDANT PHILIP BROMLEY TO RESPOND TO THE THIRD PARTY COMPLAINT, #123 by Judge Sunshine Suzanne Sykes: NOTE CHANGES MADE BY THE COURT. 1. The Stipulation is approved. 2. Cymbiotika shall amend the Third Party Complaint against Bromley [Docket #105] based on the Court's ruling on the Motion to Dismiss the Amended Counterclaim [Docket #113] as it applies to the first through fifth causes of action set forth in the Third Party Complaint, and shall file and serve the amended Third Party Complaint within two (2) weeks from the date of the Court's ruling. 3. Cymbiotika is DIRECTED to file contemporaneously therewith a Notice of Lodging to the Third Party Complaint that provides the Court with a redline version that shows the amendments. 4. The deadline for Bromley to respond to the Third Party Complaint shall be tolled until such time as Cymbiotika files and serves its amended Third Party Complaint against Bromley. 5. Bromley shall have two (2) weeks from the date the amended Third Party Complaint is served to file his response. IT IS SO ORDERED. (shb)
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| Filing 123 Joint STIPULATION to Amend Third Party Complaint #105 filed by Plaintiff Virun, Inc.. (Attachments: #1 Proposed Order)(Nevers, Gary) |
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Filing 122
SCHEDULING NOTICE AND ORDER by Judge Sunshine S. Sykes: On its own motion, the Court hereby CONTINUES the hearing on Plaintiff's Motion to Dismiss [Dkt. #113 ] from November 18, 2022, to January 6, 2023, at 2:00 p.m., via Zoom video conference. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 121 REPLY in opposition NOTICE OF MOTION AND MOTION to Dismiss THE AMENDED COUNTERCLAIM OF DEFENDANT AND COUNTER-CLAIMANT CYMBIOTIKA, LLC PURSUANT TO FRCP 12(B)(6) #113 filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 120 TRANSCRIPT ORDER as to Plaintiff Virun, Inc. for Court Reporter. Court will contact Georgina Sandy at gsandy@npwlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Nevers, Gary) |
| Filing 119 MINUTES OF HEARING RE: PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION [Dkt. 20]Hearing held before Judge Sunshine Suzanne Sykes: Counsel state their appearances. The Court confers with counsel and hears oral argument. The Court takes the motion [Dkt. 20] under submission. IT IS SO ORDERED. Court Reporter: Phyllis Preston. (shb) |
| Filing 118 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss THE AMENDED COUNTERCLAIM OF DEFENDANT AND COUNTER-CLAIMANT CYMBIOTIKA, LLC PURSUANT TO FRCP 12(B)(6) #113 filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh, ThirdParty Plaintiff Cymbiotika LLC, Counter Claimant Cymbiotika LLC. (Shaeffer, John) |
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Filing 117
SCHEDULING NOTICE AND ORDER by Judge Sunshine S. Sykes: The parties should note that the deadlines provided in the Civil Trial Order #115 will apply to Plaintiff's case-in-chief as well as to Defendants' counterclaims [Dkt. 104] and to Defendants third-party complaint [Dkt. 105]. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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Filing 116
ORDER/REFERRAL to ADR Procedure No 3 by Judge Sunshine Suzanne Sykes. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 12/15/2023. (iva)
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Filing 115
CIVIL TRIAL ORDER by Judge Sunshine Suzanne Sykes. Amended Pleadings due by 1/13/2022. Motions due by 11/24/2023. Last date to conduct settlement conference is 12/15/2023. Motion set for hearing on 1/26/2024 at 02:00 PM before Judge Sunshine Suzanne Sykes. Final Pretrial Conference set for 2/9/2024 01:00 PM before Judge Sunshine Suzanne Sykes. Jury Trial set for 2/26/2024 09:00 AM before Judge Sunshine Suzanne Sykes. (iva)
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Filing 114
(IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE OFF CALENDAR by Judge Sunshine S. Sykes: The Court has considered the parties' Joint Rule 16(b)/26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on October 28, 2022 is not necessary. Accordingly, the Scheduling Conference is taken off calendar. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. The hearing on the Motion for Preliminary Injunction [Dkt. 26] remains on calendar. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 113 NOTICE OF MOTION AND MOTION to Dismiss THE AMENDED COUNTERCLAIM OF DEFENDANT AND COUNTER-CLAIMANT CYMBIOTIKA, LLC PURSUANT TO FRCP 12(B)(6) filed by Plaintiff Virun, Inc.. Motion set for hearing on 11/18/2022 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Memorandum, #2 Proposed Order) (Nevers, Gary) |
| Filing 112 WAIVER OF SERVICE Returned Executed filed by Defendants Chervin Jafarieh, Cymbiotika LLC, Shabab Elmi. upon Philip Bromley waiver sent by Plaintiff on 10/3/2022, answer due 12/2/2022. Waiver of Service signed by Alisa Edelson. (Shaeffer, John) |
| Filing 111 PROOF OF SERVICE filed by Plaintiff Virun, Inc., re Sealed Document #110 Exhibits A and B to the Supplemental Declaration of Philip Bromley Submitted in Support of Reply to Opposition to Motion for Preliminary Injunction served on 9/28/2022. (Nevers, Gary) |
| Filing 110 SEALED DOCUMENT re Response By Court to Notice of Deficiencies (G-112B) - optional html form, #109 filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nevers, Gary) |
| Filing 109 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form, #107 by Judge Sunshine Suzanne Sykes. The document [Dkt. 102-SEALED] is hereby STRICKEN. Counsel is DIRECTED to L.R. 11-3.8 and further DIRECTED to refile the document properly. (iva) |
| Filing 108 21 DAY Summons Issued re Third Party Complaint #105 as to Third Party Defendant Philip Bromley. (shb) |
| Filing 107 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Sealed Document #102 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. 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. (shb) |
| Filing 106 Request for Clerk to Issue Summons on Third Party Complaint #105 filed by Defendant, Third-Party Plaintiff Cymbiotika LLC. (Shaeffer, John) |
| Filing 105 THIRD PARTY COMPLAINT against Third-party Defendant Philip Bromley ; JURY DEMAND, filed by Third-Party Complainant Cymbiotika LLC. (Attachments: #1 Exhibit s A-B to Third-Party Complaint)(Shaeffer, John) |
| Filing 104 FIRST AMENDED COUNTERCLAIM against Counterclaim Defendant Virun, Inc. amending Counterclaim #99 ; JURY DEMAND, filed by Defendant Chervin Jafarieh, Cymbiotika LLC, Shabab Elmi (Attachments: #1 Exhibit s A-B to Amended Counterclaim)(Shaeffer, John) |
| Filing 103 PROOF OF SERVICE filed by Plaintiff Virun, Inc., re Sealed Document #102 served on 9/23/2022. (Nevers, Gary) |
| Filing 102 **DOCUMENT STRICKEN PER ORDER [DKT. 109]** SEALED DOCUMENT re Sealed Declaration in SupportDeclaration #90 , Order on Motion for Leave to File Document Under Seal, #101 filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit B)(Nevers, Gary) Modified on 9/27/2022 (iva). |
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Filing 101
ORDER GRANTING PLAINTIFFS RENEWED APPLICATION FOR LEAVE TO FILE UNDER SEAL EXHIBITS IN SUPPORT OF REPLY TO DEFENDANTS OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION [Dkt. 86] by Judge Sunshine Suzanne Sykes: For the foregoing reasons, the Court GRANTS Plaintiffs Renewed Application to file unredacted Exhibits A and B under seal. Plaintiff is instructed to file both sealed documents, pursuant to L.R. 79-5.2.2(c), on or before October 3, 2022. IT IS SO ORDERED. (shb)
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| Filing 100 APPENDIX filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh, Counter Claimant Cymbiotika LLC. Re: Order on Motion for Leave to File Document Under Seal,,,,,,, #97 (Attachments: #1 Exhibit Part 1 of 4, #2 Exhibit Part 2 of 4, #3 Exhibit Part 3 of 4, #4 Exhibit Part 4 of 4)(Shaeffer, John) |
| Filing 99 COUNTERCLAIM against Counter Defendants Virun, Inc.; Jury Demand, filed by Defendant Cymbiotika LLC. (Attachments: #1 Exhibit s A-B to Counterclaim)(Shaeffer, John) |
| Filing 98 ANSWER to Amended Complaint/Petition #93 with JURY DEMAND filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh.(Shaeffer, John) |
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Filing 97
MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANTS' MOTION TO SEAL (Dkt. #72 , #74 ) by Judge Sunshine Suzanne Sykes. Per Order of this Court issued August 26, 2022, Defendants were instructed to re-file their Motion to Seal certain documents associated with their Opposition to Plaintiff's Motion for Preliminary Injunction [Dkt. 74, 75] in order to comply with this District's Local Rules concerning such motions, no later than August 30, 2022. [Dkt. 89]. As Defendants have failed to timely comply with the Court's instructions to re-file, their Motion to Seal is DENIED WITH PREJUDICE. The Court will not consider any of Defendants' documents submitted for filing under seal in reviewing their Opposition to Plaintiff's pending motion. (lom)
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Filing 96
MINUTE ORDER IN CHAMBERS ORDER REGARDING PRELIMINARY INJUNCTION HEARING [DKT. #20 ] AND SCHEDULING CONFERENCE SET FOR SEPTEMBER 16, 2022 by Judge Sunshine Suzanne Sykes. The Court, on its own motion, RESETS the hearing on Plaintiff Virun, Inc.'s Motion for Preliminary Injunction [Dkt. 19-26, Dkt. 47] previously scheduled for September 16, 2022, to October 28, 2022, at 2:00 p.m. The Scheduling Conference previously set for the same date is also RESET to October 28, 2022, at 2:00 p.m. The Court hereby GRANTS the parties stipulation to appear in person for these proceedings. [Dkt. #95 ]. The Court is also in receipt of Defendants' emailed request, dated September 7, 2022, to display demonstrative graphics via laptop at the scheduled Preliminary Injunction Hearing. Defendants may re-submit their request to this Court, after the required consultation with opposing counsel, no later than October 14, 2022. See minute order for details. (lom)
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| Filing 95 Joint STIPULATION for Order IN-PERSON ATTENDANCE AT SEPTEMBER 16, 2022 SCHEDULING CONFERENCE AND HEARING ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh. (Attachments: #1 Proposed Order)(Shaeffer, John) |
| Filing 94 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 16 Court Days, filed by Plaintiff Virun, Inc... (Nevers, Gary) |
| Filing 93 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Virun, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nevers, Gary) |
| Filing 92 PROOF OF SERVICE filed by Plaintiff Virun, Inc., re Sealed Declaration in SupportDeclaration #90 , Sealed Declaration in SupportDeclaration #87 , Renewed APPLICATION to file document under seal #86 , Errata #91 served on 8/26/2022. (Nevers, Gary) |
| Filing 91 NOTICE OF ERRATA filed by Plaintiff Virun, Inc.. correcting Sealed Declaration in SupportDeclaration #87 (Nevers, Gary) |
| Filing 90 SEALED DECLARATION IN SUPPORT OF Renewed APPLICATION to file document under seal #86 filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nevers, Gary) |
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Filing 89
(IN CHAMBERS) ORDER by Judge Sunshine S. Sykes: The Court is in receipt of Defendants' RENEWED Application [Dkt. #74 ] and SEALED DECLARATION [Dkt. #75 ]. Local Rule 79-5.2.2 requires any party seeking to file documents under seal to provide an unredacted version of those documents in which all proposed redactions are highlighted. The Exhibits filed at [Dkt. 75] contain no highlighting to identify Defendants' proposed redactions. Defendants are reminded that it is not the responsibility of this Court to undertake a side-by-side comparison of redacted and unredacted exhibits to determine what Defendants seek to redact. SiteLock LLC v. GoDaddy.com LLC, No. CV-19-02746-PHX-DWL, 2021 WL 1574660 at *13 (D. Ariz. April 22, 2021). The Court is particularly unwilling to do so here, in light of the 1,318 pages of exhibits Defendants have submitted for sealing. [Dkt. 74, Dkt. 75]. Requests to seal may be denied outright for failure to comply with the relevant local rules. Johnstech Int'l. Corp. v. JF Microtechnology SDN BHD, No. 14-cv-02864-JD, 2016 WL at *2 (N.D. Cal. Aug. 2, 2016). However, the Court will permit Defendants to re-submit the unredacted materials previously filed Dkt. 75, with the required highlighting, no later than 8/30/2022. As this is the Court's third request that Defendants comply with applicable Local Rules in connection with this Motion, Defendants are strongly advised to review L.R. 79-5.2.2 before re-filing and to ensure that their proposed redactions are narrowly tailored to include only sealable material. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 88 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Renewed APPLICATION to file document under seal #86 . The following error(s) was/were found: No proof of service filed 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. (shb) |
| Filing 87 SEALED DECLARATION IN SUPPORT OF Renewed APPLICATION to file document under seal #86 filed by Plaintiff Virun, Inc..(Nevers, Gary) |
| Filing 86 Renewed APPLICATION to file document under seal filed by Plaintiff Virun, Inc.. (Attachments: #1 Declaration of Sharlene D. Lee, #2 Exhibit 1 to Sharlene D. Lee Declaration, #3 Exhibit 2 to Sharlene D. Lee Declaration, #4 Exhibit 3 to Sharlene D. Lee Declaration, #5 Proposed Order)(Nevers, Gary) |
| Filing 85 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Sealed Document #82 . The following error(s) was/were found: Title page is missing. 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. (shb) |
| Filing 84 PROOF OF SERVICE filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh, re Joinder (non-motion) #66 served on 08/22/2022. (Shaeffer, John) |
| Filing 83 PROOF OF SERVICE filed by Plaintiff Virun, Inc., re Sealed Document #82 EXHIBIT C TO SEALED DECLARATION OF PHILIP BROMLEY IN SUPPORT OF PLAINTIFF VIRUN, INC.'S APPLICATION FOR LEAVE TO FILE UNDER SEAL EXHIBITS TO THE SUPPLEMENTAL DECLARATION OF PHILIP BROMLEY SUBMITTED IN SUPPORT OF REPLY TO OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION served on 8/22/2022. (Nevers, Gary) |
| Filing 82 SEALED DOCUMENT EXHIBIT C re Sealed Declaration in SupportDeclaration, #68 , Order on Motion for Leave to File Document Under Seal,,,, #79 filed by Plaintiff Virun, Inc..(Nevers, Gary) |
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Filing 81
(IN CHAMBERS) ORDER by Judge Sunshine S. Sykes: The Court's Order Denying Defendants' Application to File Documents Under Seal [Dkt. 65] incorrectly identified the documents to be sealed as exhibits filed in connection with a motion for summary judgment, consistent with the title of Defendants' Application [Dkt. 40]. These exhibits were submitted with Defendants' opposition to Plaintiff's motion for preliminary injunction [Dkt. 39]. This entry does not in any way alter the Court's Denial or its instructions to Defendants therein. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 80 PROOF OF SERVICE filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh, re Sealed Declaration in SupportDeclaration,, #75 , APPLICATION to file document under seal #74 served on 08/19/2022. (Shaeffer, John) |
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Filing 79
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS APPLICATION FOR LEAVE TO FILE UNDER SEAL EXHIBITS IN SUPPORT OF REPLY TO DEFENDANTS OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION [Dkt. 67], by Judge Sunshine Suzanne Sykes: The Court GRANTS Plaintiffs Application to file unredacted Exhibit C under seal but DENIES WITHOUT PREJUDICE Plaintiffs Application to file unredacted Exhibits A and B under seal. Following this Order, Plaintiff may either: (1) Submit a renewed Application to Seal as to Exhibit A [Dkt. 68-1 at 4-32] and the Exclusivity Agreement section of Exhibit B [Dkt. 68-2 at 3-23], identifying the specific portions of each that it seeks to seal and the compelling reasons that support its request, no later than August 25, 2022 or (2) File an unredacted version of Exhibit A and a version of Exhibit B with no redactions to the attached Manufacturing and Supply Agreement [Dkt. 68-2 at 3-23], no later than August 25, 2022. The Court will not consider in connection with the pending motion for preliminary injunction any of those portions of Exhibits A or B identified above for which Plaintiff does not timely file either a renewed application or unredacted version. See L.R. 79-5.2.2(a). IT IS SO ORDERED. (shb)
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Filing 78
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) [Dkt. 12, 46], by Judge Sunshine Suzanne Sykes: The Court GRANTS Defendants Motion to Dismiss Plaintiffs Fourth, Fifth and Sixth Causes of Action and DENIES Defendants Motion to Dismiss Plaintiffs First, Second, Third, and Seventh Causes of Action. Plaintiff may file an Amended Complaint no later than Friday, September 2, 2022. The hearing on this Motion previously set for September 16, 2022 at 2 P.M. is hereby VACATED. IT IS SO ORDERED. See order for more information. (shb)
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| Filing 77 PROOF OF SERVICE filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh, re Renewed APPLICATION to file document Defendants' Renewed Application to File Under Seal Exhibits in Support of Opposition to Motion for Preliminary Injunction under seal #72 served on 08/18/2022. (Shaeffer, John) |
| Filing 76 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to file document under seal #74 . The following error(s) was/were found: No proof of service filed 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. (shb) |
| Filing 75 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Documents and Exhibits under seal #40 , Renewed APPLICATION to file document Defendants' Renewed Application to File Under Seal Exhibits in Support of Opposition to Motion for Preliminary Injunction under seal #72 , APPLICATION to file document under seal #74 filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh. (Attachments: #1 Exhibit Part 1 of 7, #2 Exhibit Part 2 of 7, #3 Exhibit Part 3 of 7, #4 Exhibit Part 4 of 7, #5 Exhibit Part 5 of 7, #6 Exhibit Part 6 of 7, #7 Exhibit Part 7 of 7)(Shaeffer, John) |
| Filing 74 APPLICATION to file document under seal filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh. (Attachments: #1 Declaration of Elmi, #2 Appendix, #3 Proposed Order)(Shaeffer, John) |
| Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Renewed APPLICATION to file document Defendants' Renewed Application to File Under Seal Exhibits in Support of Opposition to Motion for Preliminary Injunction under seal #72 . The following error(s) was/were found: No proof of service filed 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. (shb) |
| Filing 72 Renewed APPLICATION to file document Defendants' Renewed Application to File Under Seal Exhibits in Support of Opposition to Motion for Preliminary Injunction under seal filed by Defendants Cymbiotika LLC, Does, Shabab Elmi, Chervin Jafarieh. (Attachments: #1 Declaration Declaration of Shahab Elmi in Support of Defendants' Renewed Application to File Under Seal Exhibits in Support of Opposition to Motion for Preliminary Injunction, #2 Appendix Defendants' Appendix of Exhibits in Support of Opposition to Plaintiff's Motion for Preliminary Injunction (By Exhibits), #3 Proposed Order [Proposed] Order Granting Defendants' Application to File Under Seal)(Attorney John Shaeffer added to party Does(pty:dft))(Shaeffer, John) |
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Filing 71
CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva)
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| Filing 70 PROOF OF SERVICE filed by Plaintiff Virun, Inc., re Sealed Declaration in SupportDeclaration, #68 served on 8/10/2022. (Nevers, Gary) |
| Filing 69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joinder (non-motion) #66 . The following error(s) was/were found: No proof of service filed 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. (shb) |
| Filing 68 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document for Leave to File Under Seal Exhibits A, B and C to the Supplemental Declaration of Philip Bromley in Support of Reply to the Opposition to Motion for Preliminary Injunction under seal #67 filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nevers, Gary) |
| Filing 67 APPLICATION to file document for Leave to File Under Seal Exhibits A, B and C to the Supplemental Declaration of Philip Bromley in Support of Reply to the Opposition to Motion for Preliminary Injunction under seal filed by Plaintiff Virun, Inc.. (Attachments: #1 Proposed Order, #2 Declaration of Sharlene D. Lee, #3 Exhibit 1 to Declaration of Sharlene D. Lee, #4 Exhibit 2 to Declaration of Sharlene D. Lee)(Nevers, Gary) |
| Filing 66 JOINDER filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh joining in MEMORANDUM in Opposition to Motion,, #39 . (Grant, Jeffrey) |
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Filing 65
ORDER DENYING DEFENDANTS APPLICATION TO FILE UNDER SEAL EXHIBITS IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT [Dkt. 40, 41, 42] by Judge Sunshine Suzanne Sykes: The Court DENIES Defendants Application to File Under Seal Exhibits in Support of Opposition to Motion for Summary Judgment WITHOUT PREJUDICE. Defendants may file a renewed Application no later than August 17, 2022. Alternatively, Defendants may file their Opposition to Motion for Summary Judgment with all associated exhibits for public filing no later than August 17, 2022. IT IS SO ORDERED. See order for more information. (shb)
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| Filing 64 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related), #59 , Declaration (Motion related), #55 , Declaration (Motion related), #57 , Objection/Opposition (Motion related), #62 , Objection/Opposition (Motion related), #61 , Declaration (Motion related) #56 , Reply (Motion related) #54 , Objection/Opposition (Motion related), #60 , Declaration (Motion related), #58 . The following error(s) was/were found: No proof of service filed 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. (shb) |
| Filing 63 NOTICE OF LODGING filed [Proposed] Order Granting Motion for Preliminary Injunction re for Order #20 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 (Nevers, Gary) |
| Filing 62 Objections in opposition re: for Order #20 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 to Erika Rhodes' Declaration filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 61 Objections in opposition re: for Order #20 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 to Shabab Elmi's Declaration filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 60 Evidentiary Objections in opposition re: for Order #20 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 to Jamie Bigelow's Declaration filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 59 EVIDENTIARY OBJECTIONS in opposition re: for Order #20 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 Chervin Jafarieh's Declaration filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 58 DECLARATION of Peter Hoosier in support of for Order #20 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 Supplemental Declaration filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit D, #2 Exhibit E)(Nevers, Gary) |
| Filing 57 DECLARATION of Blayne Nuccio in support of for Order #20 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 Supplemental Declaration filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 56 DECLARATION of Nina Parker in support of for Order #20 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 55 DECLARATION of Philip Bromley in support of for Order #20 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 Supplemental Declaration filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nevers, Gary) |
| Filing 54 REPLY in opposition for Order #20 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
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Filing 53
ORDER SETTING SCHEDULING CONFERENCE by Judge Sunshine Suzanne Sykes. PLEASE READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. ( Scheduling Conference set for 9/16/2022 at 02:00 PM before Judge Sunshine Suzanne Sykes.) (twdb)
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| Filing 52 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #51 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Miscellaneous Filings - Select - Statement. 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. (shb) |
| Filing 51 Joint Case Management Statement re: Order #45 (Nevers, Gary) |
| Filing 50 PROOF OF SERVICE filed by Plaintiff Virun, Inc., re Declaration (Motion related),,,, #21 and Unredacted Versions of Exhibits 4, 8, 10-19, 21-23, 25-37, 40, 42, and 44 served on 7/11/22. (Nevers, Gary) |
| Filing 49 SEALED DOCUMENT re NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 , Order on Motion for Leave to File Document Under Seal, #48 filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit 4, #2 Exhibit 8, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 18, #12 Exhibit 19, #13 Exhibit 21, #14 Exhibit 22, #15 Exhibit 23, #16 Exhibit 25, #17 Exhibit 26, #18 Exhibit 27, #19 Exhibit 28, #20 Exhibit 29, #21 Exhibit 30, #22 Exhibit 31, #23 Exhibit 32, #24 Exhibit 33, #25 Exhibit 34, #26 Exhibit 35, #27 Exhibit 36, #28 Exhibit 37, #29 Exhibit 40, #30 Exhibit 42, #31 Exhibit 44)(Nevers, Gary) |
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Filing 48
ORDER by Judge David O. Carter: Granting #31 APPLICATION to File Under Seal. IT IS HEREBY ORDERED that Virun may file under seal unredacted versions of Exhibits 4, 8, 10-19, 21-23, 25-37, 40, 42, and 44, in their entirety, to the Declaration of Philip Bromley filed in support of Virun's Motion for Preliminary Injunction. (twdb)
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| Filing 47 NOTICE of Continuance of Declaration (Motion related),,,, #21 , Declaration (Motion related) #22 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 , Declaration (Motion related), #23 , Declaration (Motion related), #25 , Declaration (Motion related) #24 , Request for Judicial Notice, #26 reset to September 16, 2022 at 2:00 p.m. (Nevers, Gary) |
| Filing 46 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh. Motion set for hearing on 9/16/2022 at 02:00 PM before Judge Sunshine Suzanne Sykes. (Attachments: #1 Declaration of Shaeffer, #2 Exhibit s A-B to Shaeffer Dec, #3 Proposed Order) (Shaeffer, John) |
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Filing 45
REASSIGNMENT ORDER by Judge Sunshine Suzanne Sykes: Please refer to Order for complete details., (iva)
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Filing 44
ORDER OF THE CHIEF JUDGE (#22-151) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Sykes, Sunshine Suzanne, this case is transferred from Judge David O. Carter to the calendar of Judge Sunshine Suzanne Sykes for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:22-cv-00325 SSS(DFMx). (rn)
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| Filing 43 PROOF OF SERVICE filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh, re Sealed Declaration in SupportDeclaration,, #41 , Sealed Declaration in SupportDeclaration #42 served on 6-28-22. (Shaeffer, John) |
| Filing 42 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Documents and Exhibits under seal #40 filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh. (Attachments: #1 Exhibit Part 7 of 7)(Shaeffer, John) |
| Filing 41 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Documents and Exhibits under seal #40 filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh. (Attachments: #1 Declaration of Rhodes, #2 Declaration of Jafarieh, #3 Exhibit s UNREDACTED, Part 1 of 7, #4 Exhibit s UNREDACTED, Part 2 of 7, #5 Exhibit s UNREDACTED, Part 3 of 7, #6 Exhibit s UNREDACTED, Part 4 of 7, #7 Exhibit s UNREDACTED, Part 5 of 7, #8 Exhibit s UNREDACTED, Part 6 of 7)(Shaeffer, John) |
| Filing 40 APPLICATION to file document Documents and Exhibits under seal filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh. (Attachments: #1 Declaration of Shaeffer, #2 Proposed Order)(Shaeffer, John) |
| Filing 39 MEMORANDUM in Opposition to for Order #20 filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh. (Attachments: #1 Declaration of Bigelow, #2 Declaration of Elmi, #3 Declaration of Rhodes REDACTED, #4 Declaration of Jafarieh REDACTED, #5 Declaration of Shaeffer, #6 Appendix BY EXHIBITS, #7 Appendix BY DECLARATIONS, #8 Exhibit s REDACTED, Part 1 of 7, #9 Exhibit s REDACTED, Part 2 of 7, #10 Exhibit s REDACTED, Part 3 of 7, #11 Exhibit s REDACTED, Part 4 of 7, #12 Exhibit s REDACTED, Part 5 of 7, #13 Exhibit s REDACTED, Part 6 of 7, #14 Exhibit s REDACTED, Part 7 of 7)(Shaeffer, John) |
| Filing 38 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh. (Shaeffer, John) |
| Filing 37 Objections in opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #12 to Defendants' Request for Judicial Notice filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 36 Objection Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #12 Evidentiary Objections to John J. Shaeffer Declaration filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 35 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 34 PROOF OF SERVICE filed by Plaintiff Virun, Inc., re Sealed Declaration in SupportDeclaration, #33 , Sealed Declaration in SupportDeclaration,,, #32 served on 6/10/22. (Nevers, Gary) |
| Filing 33 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 4, 8, 10-19, 21-23, 25-37, 40, 42, and 44 to Declaration of Philip Bromley Submitted in Support of the Motion for Preliminary Injunction under seal #31 filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit 42)(Nevers, Gary) |
| Filing 32 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 4, 8, 10-19, 21-23, 25-37, 40, 42, and 44 to Declaration of Philip Bromley Submitted in Support of the Motion for Preliminary Injunction under seal #31 filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit 4, #2 Exhibit 8, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 18, #12 Exhibit 19, #13 Exhibit 21, #14 Exhibit 22, #15 Exhibit 23, #16 Exhibit 25, #17 Exhibit 26, #18 Exhibit 27, #19 Exhibit 28, #20 Exhibit 29, #21 Exhibit 30, #22 Exhibit 31, #23 Exhibit 32, #24 Exhibit 33, #25 Exhibit 34, #26 Exhibit 35, #27 Exhibit 36, #28 Exhibit 37, #29 Exhibit 40, #30 Exhibit 44)(Nevers, Gary) |
| Filing 31 APPLICATION to file document Exhibits 4, 8, 10-19, 21-23, 25-37, 40, 42, and 44 to Declaration of Philip Bromley Submitted in Support of the Motion for Preliminary Injunction under seal filed by Plaintiff Virun, Inc.. (Attachments: #1 Declaration of Sharlene D. Lee, #2 Exhibit A to Sharlene D. Lee Declaration, #3 Exhibit B to Sharlene D. Lee Declaration, #4 Exhibit C to Sharlene D. Lee Declaration [Redacted Documents], #5 Proposed Order)(Nevers, Gary) |
| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: notice of motion #20 , NOTICE OF MOTION AND MOTION for Preliminary Injunction #19 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: 1. Motion (for Order); Memorandum (motion related document). Proposed Document was not submitted as separate attachment. Other error(s) with document(s): The motion should have been docketed before the memorandum. The memorandum should have been linked to the motion and the hearing would have been set using the correct event for the motion. 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. (twdb) |
| Filing 29 MINUTES (IN CHAMBERS) by Judge David O. Carter: June 2, 2022 Order (Dkt. 28 ) was issued in error. The Court orders Dkt. 28 STRICKEN from the docket. Parties are to disregard text only entry, and should proceed under the normal briefing schedule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY |
| Filing 28 **STRICKEN** (See Dkt. 29 )MINUTES (IN CHAMBERS) by Judge David O. Carter: Any Opposition to the Motion for Preliminary Injunction #19 is due by Friday, June 3, 2022 at 5:00 pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY Modified on 6/2/2022 (kdu). |
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Filing 27
ORDER ON STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick re Stipulation for Protective Order #18 . See Order for details. (es)
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| Filing 26 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nevers, Gary) |
| Filing 25 DECLARATION of Sharlene D. Lee in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit 47, #2 Exhibit 48, #3 Exhibit 49)(Nevers, Gary) |
| Filing 24 DECLARATION of Michael Riga in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 23 DECLARATION of Blayne Nuccio in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit 45, #2 Exhibit 46)(Nevers, Gary) |
| Filing 22 DECLARATION of Peter Hoosier in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 21 DECLARATION of Philip Bromley in support NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44)(Nevers, Gary) |
| Filing 20 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information #19 filed by Plaintiff Virun, Inc.. Motion set for hearing on 7/18/2022 at 08:30 AM before Judge David O. Carter. (Nevers, Gary) Modified on 6/2/2022 (twdb). |
| Filing 19 [MEMORANDUM OF POINTS AND AUTHORITIES, filed as] NOTICE OF MOTION AND MOTION for Preliminary Injunction re use and disclosure of trade secret information filed by Plaintiff Virun, Inc.. Motion set for hearing on 7/18/2022 at 08:30 AM before Judge David O. Carter. (Nevers, Gary) Modified on 6/2/2022 (twdb). |
| Filing 18 STIPULATION for Protective Order filed by Plaintiff Virun, Inc..(Nevers, Gary) |
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Filing 17
ORDER ON JOINT STIPULATION TO CONTINUE THE HEARING DATE OF DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. RULE 12(b)(6) #16 by Judge David O. Carter. The hearing on Defendants' Motion to Dismiss will be continued to July 11, 2022 at 8:30 a.m. (iv)
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| Filing 16 Joint STIPULATION to Continue Defendants' Motion to Dismiss Plaintiff's Complaint from June 27, 2022 to July 11, 2022 Re: NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Plaintiff Virun, Inc.. (Attachments: #1 Proposed Order on Joint Stipulation to Continue the Hearing Date of Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. Rule 12(b)(6))(Nevers, Gary) |
| Filing 15 NOTICE of Interested Parties filed by Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh, identifying Virun, Inc.; Cymbiotika, LLC; Chervin Jafarieh; Shahab Elmi. (Shaeffer, John) |
| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #12 . 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. (lom) |
| Filing 13 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' 12(B)(6) MOTION TO DISMISS PLAINTIFF'S COMPLAINT re NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Defendants Cymbiotika LLC, Does, Shabab Elmi, Chervin Jafarieh. (Shaeffer, John) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Cymbiotika LLC, Does, Shabab Elmi, Chervin Jafarieh. Motion set for hearing on 6/27/2022 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration Declaration of John J. Shaeffer, Esq. in Support of Defendants' 12(B(6) Motion to Dismiss Plaintiff's Complaint, #2 Proposed Order Proposed Order Granting Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. Rule 12(b)(b)) (Attorney John Shaeffer added to party Cymbiotika LLC(pty:dft), Attorney John Shaeffer added to party Does(pty:dft), Attorney John Shaeffer added to party Shabab Elmi(pty:dft), Attorney John Shaeffer added to party Chervin Jafarieh(pty:dft)) (Shaeffer, John) |
| Filing 11 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (dca) |
| Filing 10 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen E. Scott to Judge David O. Carter for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Douglas F. McCormick. The case number will now reflect the initials of the transferee Judges 8:22-cv-00325 DOC(DFMx). (rn) |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Plaintiff Virun, Inc.. upon Shabab Elmi waiver sent by Plaintiff on 3/1/2022, answer due 5/2/2022. Waiver of Service signed by John Shaeffer. (Nevers, Gary) |
| Filing 8 WAIVER OF SERVICE Returned Executed filed by Plaintiff Virun, Inc.. upon Cymbiotika LLC waiver sent by Plaintiff on 3/1/2022, answer due 5/2/2022. Waiver of Service signed by John Shaeffer. (Nevers, Gary) |
| Filing 7 WAIVER OF SERVICE Returned Executed filed by Plaintiff Virun, Inc.. upon Chervin Jafarieh waiver sent by Plaintiff on 3/1/2022, answer due 5/2/2022. Waiver of Service signed by John Shaeffer. (Nevers, Gary) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Cymbiotika LLC, Shabab Elmi, Chervin Jafarieh. (car) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen E. Scott. (Attachments: #1 CV11-C) (car) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Virun, Inc., identifying Philip Bromley, Nickols Huang, Craig Wang, Bluestem Core Strategies Fund, LLC, Bluestem Diversified Assets, LLC, Bluestem Capital Appreciation Fund, LLC, Bluestem Investment Fund 2015, LLC, Bluestem Investment Fund 2016, LLC. (Nevers, Gary) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Virun, Inc.. (Nevers, Gary) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32870729 - Fee: $402, filed by Plaintiff Virun, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Attorney Gary W Nevers added to party Virun, Inc.(pty:pla))(Nevers, Gary) |
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