Avocent Corporation et al v. ZPE Systems Inc et al
| Avocent Corporation and Avocent Huntsville, LLC |
| Livio Ceci, ZPE Systems, Inc. and Arnaldo Zimmermann |
| 3:2018cv06556 |
| October 26, 2018 |
| US District Court for the Northern District of California |
| Elizabeth D Laporte |
| William H Orrick |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2018. A more recent docket listing may be available from PACER.
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Filing 29
CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 4/30/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 4/23/2019. Signed by Judge William H. Orrick on 11/9/2018. (jmdS, COURT STAFF) (Filed on 11/9/2018)
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| Filing 28 Case reassigned to Judge William H. Orrick. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras (haS, COURT STAFF) (Filed on 11/8/2018) |
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Filing 27
ORDER RELATING AND CONSOLIDATING CASES. Signed by Judge William H. Orrick on 11/8/2018. (jmdS, COURT STAFF) (Filed on 11/8/2018)
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| Filing 26 CLERK'S NOTICE TO PLAINTIFFS AND DEFENDANTS Re: Consent or Declination. Plaintiffs and Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 11/19/2018. (shyS, COURT STAFF) (Filed on 11/5/2018) |
| Filing 25 CLERK'S NOTICE: The parties are hereby notified that the Case Management Conference is rescheduled to 2/5/2019 at 10:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. The Case Management Statement is now due by 1/29/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 11/5/2018) |
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Filing 24
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/22/2019. Initial Case Management Conference set for 1/29/2019 03:00 PM. Signed by Magistrate Judge Elizabeth D. Laporte on 10/26/18. (aaaS, COURT STAFF) (Filed on 10/26/2018)
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| Filing 23 Case transferred in from District of Alabama Northern; Case Number 5:18-cv-00113. Original file certified copy of transfer order and docket sheet received. |
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Filing 22
ORDER transferring case to the Northern District of California, San Francisco Division; original electronic record will be uploaded to Clerk of Court 10 business days from this date as more fully set out in order. Signed by Judge R David Proctor on 10/11/2018. (AHI)
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| Filing 21 STIPULATION TO TRANSFER VENUE by Avocent Corporation, Avocent Huntsville LLC. filed by Avocent Corporation, Avocent Huntsville LLC (DeBray, Thomas) |
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Filing 20
ORDER TO SHOW CAUSE that the parties are to Show Cause by 10/12/2018, why the court should not transfer this action to the United States District Court for the Northern District of California as more fully set out in order. Signed by Judge R David Proctor on 9/21/2018. (AHI)
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| Set/Reset Hearings: Show Cause Hearing set for 10/17/2018 10:00 AM in US Post Office & Courthouse, Decatur, AL before Judge R David Proctor. (AHI) |
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Filing 19
TEXT ORDER - This case is before the court on Defendants' Motion to Dismiss #6 . The Motion #6 is SET for a hearing at 10:00 am CST on Wednesday, October 17, 2018, in the 2nd Floor Courtroom at the United States Post Office & Courthouse located at 400 Wells Street in Decatur, Alabama. Signed by Judge R David Proctor on 9/20/2018. (KEK)
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| Filing 18 NOTICE OF DECISION by Livio Ceci, ZPE Systems Inc, Arnaldo Zimmermann (Attachments: #1 Exhibit 1 - Order from Northern District of California, #2 Exhibit 2 - Transcript of Proceedings from Northern District of California)(Reeves, Matthew) |
| Filing 17 RESPONSE to Motion re #6 MOTION to Dismiss Plaintiffs' Sur-Reply Regarding Defendants' Motion to Dismiss filed by Avocent Corporation, Avocent Huntsville LLC. (DeBray, Thomas) |
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Filing 16
TEXT ORDER - This matter is before the court on Defendants' Motion to Stay. #8 . The Motion #8 is GRANTED. Accordingly, this action is STAYED pending resolution of the pending Motion to Dismiss #6 . Upon evaluation of the Motion to Dismiss #6 , the court will decide whether jurisdictional discovery, as requested by Plaintiffs #12 , is necessary for this action. Signed by Judge R David Proctor on 2/20/2018. (AHI)
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Filing 15
TEXT ORDER-This matter is before the court on Plaintiffs' Motion to Strike or, in the Alternative, Motion for Leave to File Sur-Reply. #14 . The Motion #14 is GRANTED IN PART. Plaintiffs are GIVEN LEAVE to file a sur-reply not-to-exceed ten (10) pages on or before February 27, 2018. Signed by Judge R David Proctor on 02/20/18. (SPT )
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| Filing 14 MOTION to Strike #13 Reply Brief, Plaintiffs' Motions to Strike or, in the Alternative, Motion for Leave to File Sur-Reply by Avocent Corporation, Avocent Huntsville LLC. (DeBray, Thomas) |
| Filing 13 REPLY Brief filed by Defendants Livio Ceci, ZPE Systems Inc, Arnaldo Zimmermann re: #7 Brief, #6 MOTION to Dismiss filed by Livio Ceci, ZPE Systems Inc, Arnaldo Zimmermann. (Attachments: #1 Reply Declaration of Arnaldo Zimmermann)(Reeves, Matthew) |
| Filing 12 RESPONSE to Motion re #8 MOTION to Stay filed by Avocent Corporation, Avocent Huntsville LLC. (DeBray, Thomas) |
| Filing 11 Opposition to re #6 ZPE's Motion to Dismiss filed by Avocent Corporation, Avocent Huntsville LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Chatterton, Marcus) |
| PHV Fee paid: $50, receipt number H4601003388 for Vincent Filardo (AHI) |
| PHV Fee paid: $50, receipt number H4601003389 for Robert Whitman (AHI) |
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Filing 10
TEXT ORDER-This matter is before the court on the Motion for Pro Hac Vice Admission of Vincent Filardo, Jr. #4 and the Motion for Pro Hac Vice Admission of Robert A. Whitman #5 . The Motions [4, 5] are CONDITIONALLY GRANTED. On or before February 6, 2018, Attorneys Filardo and Whitman SHALL pay the pro hac vice admission fees. Signed by Judge R David Proctor on 1/30/2018. (KAM)
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Filing 9
TEXT ORDER-This matter is before the court on Defendants' Motion to Dismiss #6 and Motion to Stay #8 . The parties are REMINDED to brief the Motions [6, 8] in accordance with Exhibit B from the court's Initial Order #3 . Signed by Judge R David Proctor on 1/30/2018. (KAM)
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| Filing 8 MOTION to Stay by Livio Ceci, ZPE Systems Inc, Arnaldo Zimmermann. (Reeves, Matthew) |
| Filing 7 Brief re #6 MOTION to Dismiss . (Attachments: #1 Declaration of Arnaldo Zimmermann, #2 Declaration of Livio Ceci, #3 Text of Proposed Order Proposed Order)(Reeves, Matthew) |
| Filing 6 MOTION to Dismiss by Livio Ceci, ZPE Systems Inc, Arnaldo Zimmermann. (Reeves, Matthew) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice of Robert A. Whitman by Livio Ceci, ZPE Systems Inc, Arnaldo Zimmermann. (Reeves, Matthew) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice of Vincent Filardo, Jr. by Livio Ceci, ZPE Systems Inc, Arnaldo Zimmermann. (Reeves, Matthew) |
| Filing fee: $ 400.00, receipt number H4601003380 (AHI) |
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Filing 3
INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 1/23/2018. (JLC)
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| Filing 2 NOTICE TO COUNSEL regarding case assigned to unassigned judge; this case has been referred to Judge Proctor until further notice. Please use case number 5:18-CV-113-UJH-RDP on all subsequent pleadings. (AHI) |
| Filing 1 NOTICE OF REMOVAL by ZPE Systems Inc, Arnaldo Zimmermann, and Livio Ceci from Circuit Court of Madison County, Alabama, case number 47-CV-2017-902128.00 filed by ZPE Systems Inc, Arnaldo Zimmermann, and Livio Ceci. (Attachments: #1 Exhibit A)(AHI) |
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