KYKO GLOBAL, INC. et al v. BHONGIR
| KYKO GLOBAL GMBH and KYKO GLOBAL, INC. |
| OMKAR BHONGIR |
| Sybase Inc |
| 3:2020cv04136 |
| June 24, 2020 |
| US District Court for the Northern District of California |
| Maxine M Chesney |
| Sallie Kim |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 135 CLERK'S NOTICE - SEPTEMBER 25, 2020 INITIAL CASE MANAGEMENT CONFERENCE WILL BE HELD TELEPHONICALLY. The Court will initiate the call. Counsel participating in the conference call are directed to email their name and direct phone number to: mmccrd@cand.uscourts.gov. Due to multiple hearings, counsel are advised to be on telephone stand-by from 10:30 AM until called by the Court.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 8/19/2020) |
| Filing 134 STIPULATION re #133 Amended Complaint -Extension of Time to Respond filed by OMKAR BHONGIR. (Wong, Jonathan) (Filed on 8/11/2020) |
| Filing 133 AMENDED COMPLAINT (First) against All Defendants. Filed byKYKO GLOBAL, INC., KYKO GLOBAL GMBH. (Pitt, Keith) (Filed on 7/30/2020) |
Filing 132
ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; DIRECTIONS TO PLAINTIFFS; VACATING HEARING. Plaintiffs are directed to file, no later than July 31, 2020, the proposed First Amended Complaint. Signed by Judge Maxine M. Chesney on July 28, 2020. (mmclc1, COURT STAFF) (Filed on 7/28/2020)
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| Filing 131 Statement of Non-Opposition re #128 MOTION to Amend/Correct #1 Complaint filed byOMKAR BHONGIR. (Related document(s) #128 ) (Lange, Laura) (Filed on 7/27/2020) |
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Filing 130
ORDER GRANTING APPLICATION FOR ATTORNEY PRO HAC VICE. The application of Jayson M. Macyda is granted. Signed by Judge Maxine M. Chesney on July 14, 2020. (mmclc1, COURT STAFF) (Filed on 7/14/2020)
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| Filing 129 MOTION for leave to appear in Pro Hac Vice on behalf of Plaintiffs ( Filing fee $ 310, receipt number 0971-14685174.) filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Pitt, Keith) (Filed on 7/13/2020) |
| Filing 128 MOTION to Amend/Correct #1 Complaint filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. Motion Hearing set for 8/21/2020 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 7/27/2020. Replies due by 8/3/2020. (Attachments: #1 Exhibit 1 - Proposed Amended Complaint, #2 Proposed Order)(Pitt, Keith) (Filed on 7/13/2020) |
| Filing 127 NOTICE of Appearance by Keith Pitt on behalf of Plaintiffs (Pitt, Keith) (Filed on 7/13/2020) |
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Filing 126
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 9/25/2020 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 9/18/2020.. Signed by Judge Maxine M. Chesney on 7/8/2020. (tlS, COURT STAFF) (Filed on 7/8/2020)
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Filing 125
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Laura A. Lange is granted. Signed by Judge Maxine M. Chesney on July 8, 2020. (mmclc1, COURT STAFF) (Filed on 7/8/2020)
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| Filing 124 NOTICE of Appearance by Lawrence Kevin Rockwell (Rockwell, Lawrence) (Filed on 7/7/2020) |
| Filing 123 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14662823.) filed by OMKAR BHONGIR. (Attachments: #1 Certificate of Good Standing)(Lange, Laura) (Filed on 7/7/2020) |
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Filing 122
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 07/07/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 7/7/2020)
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| Filing 121 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 7/6/2020) |
| Filing 120 Certificate of Interested Entities by OMKAR BHONGIR (Wong, Jonathan) (Filed on 7/6/2020) |
| Filing 119 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by OMKAR BHONGIR.. (Wong, Jonathan) (Filed on 7/6/2020) |
| Filing 118 NOTICE of Appearance by Jonathan McNeil Wong (Wong, Jonathan) (Filed on 7/6/2020) |
| Filing 117 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/14/2020. Initial Case Management Conference set for 9/21/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor. (fabS, COURT STAFF) (Filed on 6/24/2020) |
| Filing 116 Case transferred in from District of Pennsylvania Western; Case Number 2:17-cv-00212. Original file certified copy of transfer order and docket sheet received. |
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Filing 115
MEMORANDUM OPINION AND ORDER - AND NOW, on this 15th day of June 2020, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT: 1. Plaintiffs motion to stay the disposition of said motion to transfer until such time after the U.S. Supreme Court rules upon Plaintiffs Petition for Writ of Certiorari (Doc. No. 109) is DENIED; 2. Plaintiffs motion to transfer case pursuant to 28 U.S.C. 1631 in the event dismissal of case under Fed. R. Civ. P. 12(b)(2) is affirmed on appeal (Doc. No. 102) is GRANTED; 3. The Clerk of Court is directed to REOPEN the above-captioned action for the limited purpose of transferring the instant case to the United States District Court for the Northern District of California pursuant to 28 U.S.C. 1631 and in accordance with the accompanying Memorandum; and4. The Clerk of Court is directed to TRANSFER the above-captioned action to the United States District Court for the Northern District of California pursuant to 28 U.S.C. 1631 and in accordance with the accompanying Memorandum, where Plaintiffs complaint (Doc. No. 1) is to be DEEMED FILED as of February 14, 2017. Signed by Judge Yvette Kane on 6/15/20. (Attachments: #1 Order) (dmMD)
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| Filing 114 REPLY BRIEF re #109 Motion to Stay Ruling Regarding Plaintiffs' Motion to Transfer Case Pursuant to 28 USC 1631 in the Event Dismissal of Case Under Fed. R. Civ. P. 12(b)(2) Is Affirmed on Appeal filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Rodkey, Joseph) |
| Filing 113 BRIEF in Opposition re #109 Motion to Stay filed by OMKAR BHONGIR. (Lange, Laura) |
| Filing 112 MANDATE of USCA as to #97 Notice of Appeal, filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC. Affirming Order/Judgment of the District Court (Attachments: #1 USCA Opinion) (cjg3) |
| Filing 111 EXHIBITS A and B in Support of #109 Motion to Stay by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Rodkey, Joseph) |
| Filing 110 BRIEF in Support re #109 Motion to Stay Proceeding Until Such Time After The U.S. Supreme Court Rules Upon Plaintiffs' Petition for Writ of Certiorari filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Rodkey, Joseph) |
| Filing 109 MOTION to Stay Proceeding Until Such Time After The U.S. Supreme Court Rules Upon Plaintiffs' Petition for Writ of Certiorari by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order) (Rodkey, Joseph) |
| Filing 108 JUDGMENT OF USCA as to #97 Notice of Appeal, filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC. Affirming judgment/order of the district court. Mandate will follow. (cjg3) |
| Filing 107 REPLY BRIEF re #105 Brief in Opposition to Motion, #103 Brief in Support of Motion, TRANSFER CASE PURSUANT TO 28 USC 1631 IN THE EVENT DISMISSAL OF CASE UNDER FED. R. CIV. P. 12(b)(2) IS AFFIRMED ON APPEAL filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K) (Rodkey, Joseph) |
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Filing 106
ORDER re #102 Motion to Transfer Case filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC., #104 USCA Order - IT IS ORDERED THAT pursuant to Federal Rule of Civil Procedure 62.1(a)(1),1 the resolution of Plaintiffs motion is DEFERRED until appellate review of this Courts April 4, 2019 Memorandum and Order dismissing the above-captioned case is complete. Signed by Judge Yvette Kane on 5/20/2019. (ve-MD)
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| Filing 105 BRIEF in Opposition re #102 Motion to Transfer Case filed by OMKAR BHONGIR. (Lange, Laura) |
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Filing 104
ORDER of USCA Staying the Appeal Pending Decision by District Court on Post Decision Motion as to #97 Notice of Appeal, filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC. (cjg3)
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| Filing 103 BRIEF in Support re #102 Motion to Transfer Case PURSUANT TO 28 USC 1631 IN THE EVENT DISMISSAL OF CASE UNDER FED. R. CIV. P. 12(b)(2) IS AFFIRMED ON APPEAL filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Rodkey, Joseph) |
| Filing 102 MOTION to Transfer Case PURSUANT TO 28 USC 1631 IN THE EVENT DISMISSAL OF CASE UNDER FED. R. CIV. P. 12(b)(2) IS AFFIRMED ON APPEAL by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order) (Rodkey, Joseph) |
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Filing 101
ORDER granting #100 Motion to Stay. IT IS FURTHER ORDERED that this Court's Order that requires Plaintiffs to pay Defendant $3,366.60 for attorney fees incurred in opposing Plaintiffs' Motion to Compel shall be stayed pending appeal upon Plaintiffs' payment of $3,366.60 into McGuireWoods LLP's IOLTA trust account. IT IS FURTHER ORDERED that McGuireWoods LLP shall act as escrow agent of these funds pending appeal. Signed by Judge Yvette Kane on 4/18/2019. (ve-MD)
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| Filing 100 MOTION to Stay re #99 Order, #96 Memorandum Opinion & Order,, TO POST SECURITY TO STAY EXECUTION OF ORDER PURUSANT TO FED. R. CIV. P. 62(b) by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order) (Rodkey, Joseph) |
| Filing 98 USCA Case Number 19-1807 for #97 Notice of Appeal, filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC. USCA Case Manager Caitlyn (CJG). (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (cjg3) |
| Filing 97 NOTICE OF APPEAL as to #60 Order on Motion to Compel,,,,,, Order on Motion for Extension of Time to Complete Discovery,,,,, #96 Memorandum Opinion & Order,, by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. Filing fee $505, receipt number 0315-5094435. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Attachments: #1 Exhibit A [ECF 96-1 April 4 2019 Order], #2 Exhibit B [ECF 60 July 20, 2018 Order]) (Rodkey, Joseph) |
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Filing 99
ORDER re #96 Memorandum Opinion & Order that Defendant Bhongir's renewed Motion to Dismiss is granted and Motion for attorney's fees is granted and the defendant shall be awarded $3,366.60 in attorney's fees to be paid directly to Laura Lange, Esq. Defendant's motion to strike (Doc. 91) and Plaintiff's motion to strike (Doc. 94) are DENIED AS MOOT; and The Clerk is directed to close this case. Signed by Judge Yvette Kane on 4/4/19. (sdp)
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Filing 96
MEMORANDUM OPINION & ORDER re #61 MOTION for Attorney Fees filed by OMKAR BHONGIR, #74 Renewed MOTION to Dismiss filed by OMKAR BHONGIR, #91 MOTION to Strike Declarations of Srivastav, Pandyar and Kulkarni filed by OMKAR BHONGIR, #94 MOTION to Strike #74 Renewed MOTION to Dismiss Relative to Defendant's Unconstitutionality Argument filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC. Signed by Judge Yvette Kane on 4/4/19. (Attachments: #1 ORDER) (ve-MD)
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| Filing 95 BRIEF in Support re #94 Motion to Strike Relative to Defendant's Unconstitutionality Argument filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Rodkey, Joseph) |
| Filing 94 MOTION to Strike #74 Renewed MOTION to Dismiss Relative to Defendant's Unconstitutionality Argument by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order) (Rodkey, Joseph) |
| Filing 93 REPLY BRIEF in Support of Renewed Motion to Dismiss filed by OMKAR BHONGIR. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Lange, Laura) |
| Filing 92 BRIEF in Support re #91 Motion to Strike Declarations filed by OMKAR BHONGIR. (Attachments: #1 Exhibit 1) (Lange, Laura) |
| Filing 91 MOTION to Strike Declarations of Srivastav, Pandyar and Kulkarni by OMKAR BHONGIR. (Attachments: #1 Proposed Order) (Lange, Laura) |
| Filing 90 Errata re #87 Brief in Opposition to Motion, #88 Errata Second Substitute Exhibit K Due to Improper Upload by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. Reason for Correction: Improper Upload. (Rodkey, Joseph) |
| Filing 89 Errata re #87 Brief in Opposition to Motion, #74 Motion to Dismiss Complaint by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. Reason for Correction: Signature Corrected. (Rodkey, Joseph) |
| Filing 88 Errata re #87 Brief in Opposition to Motion, Substitute Exhibit K due to Improper Upload by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. Reason for Correction: Exhibit K uploaded improperly. (Rodkey, Joseph) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #87 Brief in Opposition to Motion,. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (sdp) |
| Filing 87 BRIEF in Opposition re #74 Motion to Dismiss Complaint filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q) (Rodkey, Joseph) |
| Filing 86 STATUS REPORT (SECOND SUPPLEMENTAL) by SYBASE, INC.. (Winters, Maura) |
| Filing 85 SUPPLEMENT by SYBASE, INC. to #79 Status Report. (Winters, Maura) |
| Filing 84 REPLY OF PLAINTIFF TO DEFENDANT'S RESPONSE #83 TO PLAINTIFF'S STATUS REPORT #81 to #83 Response, filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rodkey, Joseph) |
| Filing 83 RESPONSE to Plaintiffs' Status Report to #82 Errata, #81 Status Report, filed by OMKAR BHONGIR. (Lange, Laura) |
| Filing 82 Errata re #81 Status Report OF PLAINTIFF PURSUANT TO COURT ORDER [DOC 78] by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. Reason for Correction: Exhibit A in original was incomplete. (Attachments: #1 Exhibit A) (Rodkey, Joseph) |
| Filing 81 STATUS REPORT OF PLAINTIFF PURSUANT TO COURT ORDER [DOC 78] by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Exhibit A) (Rodkey, Joseph) |
| Filing 80 Errata re #79 Status Report Relating to Order Dated October 2, 2018 (ECF No. 78) by SYBASE, INC.. Reason for Correction: Signature page omitted from previous filing. (Winters, Maura) |
| Filing 79 STATUS REPORT Relating to Order Dated October 2, 2018 (ECF No. 78) by SYBASE, INC.. (Winters, Maura) |
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Filing 78
ORDER- IT IS ORDERED THAT: 1. Plaintiff Kyko Global, Inc. and Kyko Global GMBHs (collectively referred to herein as Plaintiffs) motion to compel non-party Sybase, Inc. (Sybase) to produce documents and attend a deposition pursuant to Federal Rule of Civil Procedure 45 #67 , is GRANTED IN PART and DENIED IN PART; 2. The parties joint motion for leave to file briefing in excess of the applicable word count and page limitations #72 , in connection with Defendants renewed motion to dismiss (Doc. No. 74), is GRANTED.; 3. IT IS FURTHER ORDERED THAT any brief in opposition to Defendants renewed motion to dismiss (Doc. No. 74), shall be filed within fourteen (14) days of Plaintiffs receipt of the aforementioned discovery material from Sybase in accordance with this Order. See order for further details. Signed by Judge Yvette Kane on 10/2/2018. (ve-PAMD)
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Filing 77
ORDER denying #42 Motion to Compel, #47 Motion for Leave to File, #48 Motion for Protective Order and #50 Motion to Extend Time. See order for complete details. Signed by Judge Yvette Kane on 9/28/18. (ve-PAMD)
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| Filing 76 REPLY BRIEF re #67 Motion to Compel,, Sybase, Inc. to Produce Documents and Attend Deposition filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Exhibit Table of Contents of Exhibits, #2 Exhibit J, #3 Exhibit K, #4 Exhibit L, #5 Exhibit M, #6 Exhibit N, #7 Exhibit O, #8 Exhibit P-1, #9 Exhibit P-2) (Rodkey, Joseph) |
| Filing 75 BRIEF in Support re #74 Motion to Dismiss filed by OMKAR BHONGIR. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Lange, Laura) |
| Filing 74 Renewed MOTION to Dismiss by OMKAR BHONGIR. (Attachments: #1 Proposed Order) (Lange, Laura) |
| Filing 73 Errata re #72 Motion for Leave to File Excess Pages Proposed Order by OMKAR BHONGIR. Reason for Correction: Proposed Order did not match motion.. (Lange, Laura) |
| Filing 72 Joint MOTION for Leave to File Excess Pages by OMKAR BHONGIR. (Attachments: #1 Proposed Order) (Lange, Laura) |
| Filing 71 Errata re #70 Brief in Opposition to Motion to Compel and Sybase's Request for Protective Order by Sybase, Inc.. Reason for Correction: Exhibit A to Brief Cannot be Opened. (Attachments: #1 Exhibit A, #2 Proposed Order) (Winters, Maura) |
| Filing 70 BRIEF in Opposition re #67 Motion to Compel,, and Request for Protective Order filed by Sybase, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order) (Winters, Maura) |
| Filing 69 NOTICE of Appearance by Maura L. Winters on behalf of Sybase, Inc.. (Winters, Maura) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #67 Motion to Compel. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed brief in support. This message is for informational purposes only. (sdp) |
| Filing 68 BRIEF in Support re #67 Motion to Compel, filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (sdp) |
| Filing 67 MOTION to Compel Non-party Sybase, Inc. to Produce Documents and Attend Deposition Pursuant to Subpoena by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order, #2 Brief In Support, #3 Exhibit Table of Contents to Exhibits, #4 Exhibit A (part 1 of 2), #5 Exhibit A (part 2 of 2), #6 Exhibit B, #7 Exhibit C (part 1 of 2), #8 Exhibit C (part 2 of 2), #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H, #14 Exhibit I) (Rodkey, Joseph) |
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Filing 66
ORDER granting #65 Motion to Withdraw as Attorney. Attorney Marta A. Stein terminated. Signed by Judge Yvette Kane on 8/27/18. (Kane, Yvette)
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| Filing 65 MOTION to Withdraw as Attorney of Record by OMKAR BHONGIR. (Stein, Marta) |
| Filing 64 NOTICE of Substitution of Attorney Appearance by Joseph F. Rodkey, Jr on behalf of KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. Attorney Matthew Junker terminated. (Rodkey, Joseph) |
| Filing 63 REPLY BRIEF re #61 Motion for Attorney Fees in Support of filed by OMKAR BHONGIR. (Lange, Laura) |
| Filing 62 RESPONSE IN OPPOSITION to #61 Motion for Attorney Fees, filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Rodkey, Joseph) Text modified on 8/7/2018. (ept) |
| Filing 61 MOTION for Attorney Fees by OMKAR BHONGIR. (Attachments: #1 Exhibit A, #2 Proposed Order) (Lange, Laura) |
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Filing 60
ORDER: IT IS ORDERED THAT: 1. Plaintiffs motion #56 to compel production of documents is DENIED, as Plaintiffs requests are overly broad;2. Pursuant to Federal Rule of Civil Procedure 37(a)(5)(B), Defendant shall submit, within fourteen (14) days of the date of this Order, an itemized statement, including attorneys fees, of the expenses incurred in opposing Plaintiffs motion #56 to compel; 3. Plaintiffs may file a response to said itemized statement within fourteen (14) days of service of the itemized statement; 4. Defendant may file a reply within fourteen (14) days of service of Plaintiffs response; 5. Plaintiffs motion #56 to compel Defendants attendance in Pittsburgh, Pennsylvania so as to depose Defendant for purposes of conducting jurisdictional discovery pursuant to this Courts Order #55 dated April 11, 2018, is DENIED; 6. Plaintiffs motion #56 to extend the jurisdictional discovery period is GRANTED, and the jurisdictional discovery period authorized by this Courts April 11, 2018 Memorandum and Order #55 , shall be completed no later than Thursday, August 30, 2018; 7. No further continuances of the jurisdictional discovery period shall be granted; and8. Defendant may file a renewed motion to dismiss Plaintiffs complaint within twenty-one (21) days of the conclusion of the jurisdictional discovery period. Signed by Judge Yvette Kane on 7/20/18. (rwMD)
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| Filing 59 REPLY BRIEF re #56 Motion to Compel,, Motion for Extension of Time to Complete Discovery, filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Exhibit Exhibit Q, #2 Exhibit Exhibit R, #3 Exhibit Exhibit S, #4 Exhibit Exhibit T) (Rodkey, Joseph) |
| Filing 58 BRIEF in Opposition re #56 Motion to Compel, Motion for Extension of Time to Complete Discovery filed by OMKAR BHONGIR. (Attachments: #1 Exhibit 1 - Kyko Global v. Prithvi Information, et al - Findings of Facts and Conclusions of Law) (Lange, Laura) |
| Filing 57 BRIEF in Support re #56 Motion to Compel,, Motion for Extension of Time to Complete Discovery, filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 TOC of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit D-1, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P) (Rodkey, Joseph) |
| Filing 56 MOTION to Compel Production of Documents and Attendance at Deposition, MOTION for Extension of Time to Complete Discovery (for Jurisdictional Issues) by KYKO GLOBAL GMBH, KYKO GLOBAL, INC. (Attachments: #1 Proposed Order) (Rodkey, Joseph) |
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Filing 55
MEMORANDUM OPINION & ORDER - IT IS ORDERED THAT: 1. Defendant's motion #12 to dismiss (Doc. No. #12 ), is DENIED without prejudice to the right of Defendant to re-file the motion upon the conclusion of the jurisdictional discovery period;2. Plaintiffs' motion #37 for leave to conduct jurisdictional discovery, is GRANTED; 3. Defendant's motion #15 to stay and motion to strike #20 , as well as Plaintiffs' motion #31 to strike, are DENIED AS MOOT; 4. All previously-ordered case deadlines remain STAYED pending further Order of the Court; and 5. Plaintiffs are permitted to conduct jurisdictional discovery, limited to the issue of whether personal jurisdiction exists over Defendant in this court, beginning on the date of this Order and concluding on July 31, 2018. Signed by Judge Yvette Kane on 4/11/18. (Attachments: #1 Order) (rwMD)
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| Filing 54 Minute Entry for Status Conference held on 11/29/2017 before Judge Yvette Kane. (rwMD) |
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Filing 53
ORDER - IT IS ORDERED THAT a status conference is scheduled in the above-captioned action for November 28, 2017 at 2:00 p.m. The Court prefers to conduct this conference by telephone. Plaintiffs' counsel shall initiate the call. IT IS FURTHER ORDERED THAT all case deadlines are stayed pending further Order of the Court. Signed by Judge Yvette Kane on 11/22/17. (rwMD)
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| Filing 52 RESPONSE IN OPPOSITION to #50 Motion to Extend Time, filed by OMKAR BHONGIR. (Lange, Laura) |
| Filing 51 BRIEF in Support re #50 Motion to Extend Dates in Case Management Order filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Junker, Matthew) Text modified on 11/9/2017. (ept) |
| Filing 50 MOTION to Extend Dates in Case Management Order by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order) (Junker, Matthew) Text modified on 11/9/2017. (ept) |
| Filing 49 BRIEF in Opposition re #48 Motion for Protective Order filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Macyda, Jayson) |
| Filing 48 MOTION for Protective Order by OMKAR BHONGIR. (Attachments: #1 Proposed Order) (Lange, Laura) |
| Filing 47 MOTION for Leave to File Reply Brief in Support of Plaintiffs' Motion to Compel Production of Documents by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order, #2 Exhibit A) (Macyda, Jayson) |
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Filing 46
TEXT-ORDER REASSIGNING CASE. Case reassigned for all further proceedings to Judge Yvette Kane (M.D. Pa.), who, pursuant to 28 U.S.C. 292(b), has been designated and assigned by the Chief Judge of the United States Court of Appeals for the Third Circuit to hold court in civil matters for the United States District Court for the Western District of Pennsylvania. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 9/26/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (njt)
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| Filing 45 BRIEF in Opposition re #42 Motion to Compel, filed by OMKAR BHONGIR. (Lange, Laura) |
| Filing 44 REPORT of Early Neutral Evaluation Case has not resolved. PATRICIA L. DODGE terminated. Attorney Patricia L. Dodge terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. ENE session was held held on 8/21/2017. (Dodge, Patricia) |
| Filing 43 Errata re #42 Motion to Compel, by KYKO GLOBAL GMBH, KYKO GLOBAL, INC... (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Macyda, Jayson) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #42 Motion to Compel. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (ept) |
| Filing 42 MOTION to Compel Production of Documents by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Junker, Matthew) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #41 Response in Opposition. ERROR: Document was not linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ept) |
| Filing 41 RESPONSE IN OPPOSITION re #37 Motion for Leave to Conduct Jurisdictional Discovery filed by OMKAR BHONGIR. (Lange, Laura) Modified on 6/19/2017 to add document linkage. (ept) |
| Filing 40 BRIEF in Opposition re #31 Motion to Strike Defendant's Declaration filed by OMKAR BHONGIR. (Lange, Laura) |
| Filing 39 Notice of Early Neutral Evaluation by OMKAR BHONGIR. Early Neutral Evaluation Date 8/17/17, 10:00 a.m. (Lange, Laura) |
| Filing 38 BRIEF in Support re #37 Motion for Leave to Conduct Jurisdictional Discovery, filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC. (Junker, Matthew) |
| Filing 37 MOTION for Leave to Conduct Jurisdictional Discovery by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order) (Junker, Matthew) |
| Filing 36 REPLY BRIEF re #12 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, filed by OMKAR BHONGIR. (Lange, Laura) |
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Filing 35
ORDER implementing Rule 502(d) at the Joint Request of the parties. Signed by Judge David S. Cercone on 5/30/17. (kak)
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Filing 34
ORDER REFERRING CASE to Early Neutral Evaluation. Patricia Dodge is appointed as an evaluator. ENE conference shall be conducted by 7/26/17. The report of Evaluator shall be electronically filed within 7 days of the ENE conference. Laura A. Lange is designated as lead counsel. Evaluator PATRICIA DODGE is added. Signed by Judge David S. Cercone on 5/30/17. (kak)
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Filing 33
CASE MANAGEMENT ORDER: Post Discovery Status Conference to be scheduled upon motion of the parties. The parties shall move to amend pleadings or add new parties by 10/26/17. Discovery ends 11/27/17. Plaintiffs' Pretrial Statement due by 12/27/17. Defendant's Pretrial Statement due by 1/29/18. Pretrial Stipulation due by 2/8/18. Motions for Summary Judgment due by 3/8/18. Signed by Judge David S. Cercone on 5/30/17. (kak)
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| Filing 32 BRIEF in Support re #31 Motion to Strike Declaration of Defendant Omkar Bhongir filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Junker, Matthew) |
| Filing 31 MOTION to Strike Declaration of Defendant Omkar Bhongir by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order) (Junker, Matthew) |
| Filing 30 BRIEF in Opposition re #20 Motion to Strike Declaration of Kiran Kulkarni filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Junker, Matthew) |
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Filing 29
ORDER declaring defendant's participation in any aspect of the pretrial development of this case, including his participation in discovery and this court's ADR program, shall not constitute or be construed as 1) a submission to jurisdiction by defendant and/or 2) a waiver of defendant's position that this court lacks personal jurisdiction over him and/or that venue is improper in this jurisdiction. Signed by Judge David S. Cercone on 5/26/17. (mwm)
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| Filing 28 Minute Entry for proceedings held before Judge David S. Cercone: Case Management Conference held on 5/26/2017. The Clerk confirmed with counsel that all prerequisites for the ADR process have been completed. Attorney Lange designated as liaison counsel for ADR purposes. The parties have selected early neutral evaluation to be conducted before Patricia Dodge, Esquire. The ADR session must be completed by 7/26/17. Jury-trial CMO with 180 days of discovery, a Rule 502(d) order and an ADR referral order to follow. (Court Reporter: None) (mwm) |
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Filing 27
TEXT-ORDER granting #24 Motion for Appearance Pro Hac Vice of Attorney Jayson M. Macyda on behalf of plaintiffs. Signed by Judge David S. Cercone on 5/23/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
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| Filing 26 Errata re #24 Motion to Appear Pro Hac Vice, by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. Reason for Correction: File for Affidavit of Jayson M. Macyda was corrupted. Second attempt to fix the file.. (Attachments: #1 Proposed Order, #2 Affidavit of Jayson M. Macyda, #3 Exhibit 1. Certificate of Good Standing) (Macyda, Jayson) |
| Filing 25 Errata re #24 Motion to Appear Pro Hac Vice, by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. Reason for Correction: Affidavit of Jayson M. Macyda. (Attachments: #1 Proposed Order, #2 Affidavit of Jayson M. Macyda, #3 Exhibit 1. Certificate of Good Standing) (Macyda, Jayson) |
| Filing 24 MOTION for attorney Jayson M. Macyda to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4340624) by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order, #2 Affidavit of Jayson M. Macyda, #3 Exhibit 1. Certificate of Good Standing) (Macyda, Jayson) |
| Filing 23 BRIEF in Opposition re #12 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Junker, Matthew) |
| Filing 22 REPLY BRIEF re #15 Motion to Stay filed by OMKAR BHONGIR. (Lange, Laura) Modified on 5/18/2017 to correct document linkage. (ept) |
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Filing 21
ORDER granting defendant's #19 Motion for Leave to File Reply Brief in support of #15 Motion to Stay. Defendant to file reply within 5 days of the date of this Order. Signed by Judge David S. Cercone on 5/16/17. (njt)
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| Filing 20 MOTION to Strike Declaration of Kiran Kulkarni by OMKAR BHONGIR. (Attachments: #1 Proposed Order) (Lange, Laura) |
| Filing 19 MOTION for Leave to File Reply Brief in Support of Its Motion to Stay by OMKAR BHONGIR. (Attachments: #1 Proposed Order, #2 Exhibit A) (Lange, Laura) |
| Filing 18 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit A. Report on Selecting ADR Process) (Junker, Matthew) |
| Filing 17 BRIEF in Opposition re #15 Motion to Stay filed by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Junker, Matthew) |
| Filing 16 BRIEF in Support re #15 Motion to Stay filed by OMKAR BHONGIR. (Lange, Laura) |
| Filing 15 MOTION to Stay by OMKAR BHONGIR. (Attachments: #1 Proposed Order) (Lange, Laura) |
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Filing 14
ORDER Response/Briefing Schedule re defendant's #12 Motion to Dismiss. Plaintiffs' Response and Brief in Opposition due by 5/17/2017. Defendant's Reply brief due by 5/31/2017. Signed by Judge David S. Cercone on 4/18/17. (njt)
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| Filing 13 BRIEF in Support re #12 Motion to Dismiss/Lack of Jurisdiction Motion to Dismiss for Lack of Venue, Motion to Dismiss for Failure to State a Claim filed by OMKAR BHONGIR. (Attachments: #1 Exhibit Declaration of Omkar Bhongir, #2 Exhibit 2 - Complaint in Civil Action No. 13-1034 (WD Wash)) (Lange, Laura) Modified on 4/18/2017. (jsp) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction, Improper Venue and Failure to State a Claim by OMKAR BHONGIR. (Attachments: #1 Proposed Order) (Lange, Laura). Added MOTION to Dismiss for Improper Venue, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 4/18/2017 (jsp) |
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Filing 11
TEXT-ORDER granting #9 Motion for Appearance Pro Hac Vice of Attorney Marta A. Stein on behalf of defendant. Signed by Judge David S. Cercone on 4/5/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
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| Filing 10 NOTICE of Appearance by Matthew Junker on behalf of KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Junker, Matthew) |
| Filing 9 MOTION for attorney Marta A. Stein to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4291384) by OMKAR BHONGIR. (Attachments: #1 Proposed Order, #2 Affidavit of Marta A. Stein) (Stein, Marta) |
| Filing 8 NOTICE RESCHEDULING CONFERENCE: Initial Case Management Conference currently set for 5/24/17 is hereby RESCHEDULED to 5/26/2017 at 10:00 AM in Courtroom 7A before Judge David S. Cercone. (njt) |
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Filing 7
ORDER scheduling Initial Case Management Conference for 5/24/17 at 11:00 AM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 5/1/17. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 5/10/17. Signed by Judge David S. Cercone on 3/29/17. (Attachments: #1 Exhibit A - Stipulation Selecting ADR Process; and #2 Exhibit B - Rule 26 Report Form) (njt)
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| Filing 6 NOTICE of Appearance by Laura A. Lange on behalf of OMKAR BHONGIR. (Lange, Laura) |
| Filing 5 Stipulation for Extension of Time to Answer by OMKAR BHONGIR Answer due from OMKAR BHONGIR on 4/18/2017. (Lange, Laura) |
| Filing 4 SUMMONS/Return of Service Returned Executed by KYKO GLOBAL, INC., KYKO GLOBAL GMBH. OMKAR BHONGIR served on 3/7/2017, answer due 3/28/2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Rodkey, Joseph) |
| Filing 3 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kak) |
| Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by KYKO GLOBAL GMBH, KYKO GLOBAL, INC.. (Junker, Matthew) |
| Summons Issued as to OMKAR BHONGIR. (ept) |
| Filing 1 COMPLAINT against OMKAR BHONGIR (Filing fee, including Administrative fee, $400, receipt number 0315-4240926), filed by KYKO GLOBAL, INC., KYKO GLOBAL GMBH. (Attachments: #1 Civil Cover Sheet, #2 Summons) (ept) |
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