Ginegar LLC v. Slack Technologies, Inc.
| Ginegar LLC |
| Slack Technologies, Inc |
| 3:2022cv00044 |
| January 5, 2022 |
| US District Court for the Northern District of California |
| Sallie Kim |
| William H Orrick |
| Patent |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2022. A more recent docket listing may be available from PACER.
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Filing 61
REPLY (re #55 MOTION to Dismiss Under Federal Rule of Civil Procedure 12(b)(6) ) filed bySlack Technologies, Inc. (Rho, Jennifer) (Filed on 2/22/2022)
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Filing 60
OPPOSITION/RESPONSE (re #55 MOTION to Dismiss Under Federal Rule of Civil Procedure 12(b)(6) ) filed byGinegar LLC. (Merriman, Michael) (Filed on 2/8/2022)
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Filing 59
Order by Judge William H. Orrick granting #58 Motion for Pro Hac Vice by Jon B. Hyland. (jmd, COURT STAFF) (Filed on 2/4/2022)
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Filing 58
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16870509.) filed by Ginegar LLC. (Attachments: #1 Certificate of Good Standing)(Hyland, Jon) (Filed on 2/3/2022)
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Filing 57
NOTICE of Appearance by Michael Lewis Merriman (Merriman, Michael) (Filed on 2/3/2022)
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Filing 56
ORDER REGARDING SLACK'S MOTION TO DISMISS granting #54 STIPULATION. Deadlines extended as to #55 MOTION to Dismiss. Responses due by 2/8/2022. Replies due by 2/22/2022. Case Management Conference reset for 5/24/2022 02:00 PM via videoconference. Case Management Statement due by 5/17/2022. Signed by Judge William H. Orrick on 1/19/2022. (jmd, COURT STAFF) (Filed on 1/19/2022)
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Filing 55
MOTION to Dismiss Under Federal Rule of Civil Procedure 12(b)(6) filed by Slack Technologies, Inc. Motion Hearing set for 3/23/2022 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 2/1/2022. Replies due by 2/8/2022. (Attachments: #1 Proposed Order)(Rho, Jennifer) (Filed on 1/18/2022)
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Filing 54
STIPULATION WITH PROPOSED ORDER Regarding Slack's Motion to Dismiss filed by Slack Technologies, Inc. (Attachments: #1 Declaration of Jennifer Rho in Support of Stipulation and Proposed Order re Slack's Motion to Dismiss)(Rho, Jennifer) (Filed on 1/18/2022)
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Filing 53
CASE MANAGEMENT CONFERENCE ORDER Signed by Judge William H. Orrick on 1/14/2022. Case Management Conference set for 4/19/2022 02:00 PM via Videoconference. Case Management Statement due by 4/12/2022. This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Per sons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (jmd, COURT STAFF) (Filed on 1/14/2022)
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Filing 52
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick 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 01/14/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 1/14/2022)
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Filing 51
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. (mkl, COURT STAFF) (Filed on 1/13/2022)
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Filing 50
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Slack Technologies, Inc.. (Rho, Jennifer) (Filed on 1/13/2022)
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Filing 49
Corporate Disclosure Statement by Slack Technologies, Inc identifying Corporate Parent Salesforce.com, Inc. for Slack Technologies, Inc. and Certification of Interested Entities or Persons (Rho, Jennifer) (Filed on 1/13/2022)
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Filing 48
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/11/2022. Initial Case Management Conference set for 4/18/2022 01:30 PM in San Francisco, Courtroom D, 15th Floor. (sfb, COURT STAFF) (Filed on 1/5/2022)
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Filing 47
Case transferred in from District of Colorado; Case Number 1:21-cv-00494. Original file certified copy of transfer order and docket sheet received.
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Filing 46
ORDER. The Recommendation of United States Magistrate Judge Varholak (ECF #43 ) is ACCEPTED and ADOPTED in its entirety. Defendant's Motion to Transfer (ECF #14 ) is GRANTED. This action is TRANSFERRED to the United States District Court for the Northern District of California. Defendant's Motion to Dismiss Amended Complaint (ECF #31 ) is DENIED without prejudice to refiling in the Northern District of California upon transfer and in compliance with the local rules and practice standards of that Court. By Judge Regina M Rodriguez on 01/04/2022. (athom, )
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Filing 45
RESPONSE to Objection to #43 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #31 MOTION to Dismiss Amended Complaint Under Rule 12(b)(6) filed by Slack Technologies, Inc., #14 MOTION to Transfer Case PURSUANT TO 28 U.S.C. 1404 filed by Slack Te filed by Defendant Slack Technologies, Inc.. (Rho, Jennifer)
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Filing 44
OBJECTION to #43 Report and Recommendations on Defendant Slack Technologies, Inc's Motion to Transfer filed by Plaintiff Ginegar LLC. (Hyland, Jon)
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Filing 43
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Scott T. Varholak on 4 December 2021. This Court respectfully RECOMMENDS: that the Motion to Transfer #14 be GRANTED and that this action be TRANSFERRED to the United States District Court for the Northern District of California; and that the Motion to Dismiss #31 be DENIED WITHOUT PREJUDICE to refiling in the Northern District of California upon transfer and in compliance with the local rules and practice standards of that court. (cmadr, )
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Filing 42
REPLY to #40 Supplement/Amendment to Response to #31 MOTION to Dismiss UNDER RULE 12(B)(6) by Defendant Slack Technologies, Inc.. (Rho, Jennifer)
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Filing 41
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Salesforce.com, Inc. for Slack Technologies, Inc.. (Rho, Jennifer)
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Filing 40
SUPPLEMENT/AMENDMENT to #39 Response to Motion to Dismiss by Plaintiff Ginegar LLC. (Hyland, Jon)
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Filing 39
RESPONSE to #31 MOTION to Dismiss Amended Complaint Under Rule 12(b)(6) filed by Plaintiff Ginegar LLC. (Hyland, Jon)
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Filing 38
This action is reassigned to Judge Regina M. Rodriguez upon her appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Rodriguez in Courtroom A-702. Her chambers are located in A-738 of the Alfred A. Arraj Courthouse. Her telephone number is 303-335-2170. All future pleadings should be designated as 21-cv-00494-RMR-STV. (Text Only Entry) (rvill, )
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Filing 37
REPLY to Response to #14 MOTION to Transfer Case PURSUANT TO 28 U.S.C. 1404 filed by Defendant Slack Technologies, Inc.. (Attachments: #1 Affidavit Declaration of Abby Carrier In Support of Defendant Slack Technologies, Inc.'s Reply In Support of Motion to Transfer Pursuant to 28 U.S.C. 1404)(Rho, Jennifer)
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Filing 36
REPLY to Response to #14 MOTION to Transfer Case PURSUANT TO 28 U.S.C. 1404 filed by Defendant Slack Technologies, Inc.. (Rho, Jennifer)
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Filing 35
ORDER granting #33 Motion for Extension of Deadlines. The deadline for Plaintiff to respond to #31 Defendant's Motion to Dismiss is extended until 7/08/2021, and Defendant may then file a reply in support of the Motion to Dismiss on or before 7/29/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/16/2021. Text Only Entry(stvlc1, )
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Filing 34
MEMORANDUM regarding #33 Joint MOTION for Extension of Time to Extend Deadlines filed by Ginegar LLC. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 6/15/2021. (Text Only Entry) (rmsec )
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Filing 33
Joint MOTION for Extension of Time to Extend Deadlines by Plaintiff Ginegar LLC. (Attachments: #1 Proposed Order (PDF Only))(Hyland, Jon)
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Filing 32
MEMORANDUM regarding #31 MOTION to Dismiss Amended Complaint Under Rule 12(b)(6) filed by Slack Technologies, Inc. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 6/4/2021. (Text Only Entry) (rmsec )
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Filing 31
MOTION to Dismiss Amended Complaint Under Rule 12(b)(6) by Defendant Slack Technologies, Inc.. (Rho, Jennifer)
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Filing 30
RESPONSE to #14 MOTION to Transfer Case PURSUANT TO 28 U.S.C. 1404 filed by Plaintiff Ginegar LLC. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Hyland, Jon)
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Filing 29
NOTICE re #27 Amended Complaint, for Patent Infringement per Order 28 Redlined version by Plaintiff Ginegar LLC (Attachments: #1 Exhibit A)(Hyland, Jon)
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Filing 28
ORDER This matter is before the Court upon Plaintiff's filing of #27 Plaintiff's First Amended Complaint for Patent Infringement (the "Amended Complaint"). Pursuant to Fed. R. Civ. P. 15(a)(1)(B), a plaintiff may amend its complaint once as a matter of course within 21 days after service of a motion made pursuant to Rule 12(b), and the Amended Complaint was filed within 21 days of #13 Defendant's Motion to Dismiss under Rule 12(b)(6) (the "Motion to Dismiss"). Accordingly, the Motion to Dismiss is DENIED AS MOOT. See Franklin v. Kan. Dep't of Corr., 160 F. App'x 730, 734 (10th Cir. 2005) ("An amended complaint supersedes the original complaint and renders the original complaint of no legal effect."). Pursuant to D.C.COLO.LCivR 15.1(a), "[a] party... who files an amended pleading under Fed. R. Civ. P. 15(a)(1)... shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through... the text to be deleted and underlines... the text to be added." Plaintiff has failed to file the required notice. Accordingly, on or before 5/28/2021, Plaintiff shall file a notice of filing of the Amended Complaint that attaches as an exhibit a redline of the Amended Complaint. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/21/2021. Text Only Entry (stvlc1, )
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Filing 27
AMENDED COMPLAINT for Patent Infringment against Slack Technologies, Inc., filed by Ginegar LLC. (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)(Hyland, Jon)
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Filing 26
ORDER granting #24 Motion for Extension of Deadlines. The deadline for Plaintiff to respond to #13 Defendant's Motion to Dismiss and #14 Defendant's Motion to Transfer is extended until 6/03/2021, and Defendant may then file replies in support of the motions on or before 6/24/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/14/2021. Text Only Entry(stvlc1, )
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Filing 25
MEMORANDUM regarding #24 Joint MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss UNDER RULE 12(B)(6), #14 MOTION to Transfer Case PURSUANT TO 28 U.S.C. 1404 and for Defendant to reply to Ginegar's responses filed by Ginegar LLC. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 5/14/2021. (Text Only Entry) (rmsec )
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Filing 24
Joint MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss UNDER RULE 12(B)(6), #14 MOTION to Transfer Case PURSUANT TO 28 U.S.C. 1404 and for Defendant to reply to Ginegar's responses up to and including June 24, 2021 by Plaintiff Ginegar LLC. (Attachments: #1 Proposed Order (PDF Only))(Hyland, Jon)
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Filing 23
MEMORANDUM regarding #13 MOTION to Dismiss UNDER RULE 12(B)(6) filed by Slack Technologies, Inc., #14 MOTION to Transfer Case PURSUANT TO 28 U.S.C. 1404 filed by Slack Technologies, Inc. Motions referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 5/11/2021. (Text Only Entry) (rmsec )
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Filing 22
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. By Judge Raymond P. Moore on 5/11/2021. (Text Only Entry) (rmsec )
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Filing 21
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 5/11/2021. (Text Only Entry) (rmsec )
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Filing 20
CASE REASSIGNED pursuant to #19 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 21-cv-00494-RM. (Text Only Entry) (jgonz, )
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Filing 19
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Ginegar LLC All parties do not consent.. (Hyland, Jon)
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Filing 18
MINUTE ORDER In light of 17 Order Granting Motion to Stay, the Telephonic Scheduling Conference set for 5/25/2021 10:30 AM, and related deadlines, are VACATED. However, the parties shall file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form on or before 5/11/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/06/2021. Text Only Entry (stvlc1, )
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Filing 17
ORDER granting #16 Defendant's Motion to Stay. Discovery and other proceedings, except those related to #13 Defendant's Motion to Dismiss and #14 Defendant's Motion to Transfer (collectively, "Defendants' Motions"), are hereby STAYED pending resolution of Defendants' Motions. If this matter remains pending in this Court after resolution of Defendants' Motions, counsel for the parties shall jointly contact Chambers within seven days of resolution of Defendants' Motions to set this matter for a scheduling conference. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/04/2021. Text Only Entry(stvlc1, )
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Filing 16
Unopposed MOTION to Stay re #13 MOTION to Dismiss UNDER RULE 12(B)(6), #14 MOTION to Transfer Case PURSUANT TO 28 U.S.C. 1404 by Defendant Slack Technologies, Inc.. (Rho, Jennifer)
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Filing 15
NOTICE of Entry of Appearance by Prachi Mistry on behalf of Slack Technologies, Inc.Attorney Prachi Mistry added to party Slack Technologies, Inc.(pty:dft) (Mistry, Prachi)
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Filing 14
MOTION to Transfer Case PURSUANT TO 28 U.S.C. 1404 by Defendant Slack Technologies, Inc.. (Attachments: #1 Declaration Of Jessica Fain In Support Of Defendant Slack Technologies, Inc.'s Motion To Transfer Pursuant To 28 U.S.C. 1404)(Rho, Jennifer)
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Filing 13
MOTION to Dismiss UNDER RULE 12(B)(6) by Defendant Slack Technologies, Inc.. (Rho, Jennifer)
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Filing 12
NOTICE of Entry of Appearance by Jennifer J. Rho on behalf of Slack Technologies, Inc.Attorney Jennifer J. Rho added to party Slack Technologies, Inc.(pty:dft) (Rho, Jennifer)
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Filing 11
NOTICE of Entry of Appearance by Mark Lyon on behalf of Slack Technologies, Inc.Attorney Mark Lyon added to party Slack Technologies, Inc.(pty:dft) (Lyon, Mark)
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Filing 10
ORDER granting #9 Defendant's Motion for 45-Day Extension of Time to Answer, Move, or Otherwise Respond to Plaintiff's Complaint. The deadline for Defendant to respond to the operative complaint is extended until 4/29/2021. The Telephonic Scheduling Conference set for 4/29/2021 09:15 AM is VACATED and RESET for 5/25/2021 10:30 AM before Magistrate Judge Scott T. Varholak.The parties shall participate in the conference by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The parties shall file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form on or before 5/11/2021, and shall submit a joint Proposed Scheduling Order on or before 5/18/2021. The parties shall comply with the requirements of D.C.COLO.LPtR 3(c) with regard to the submission of a proposed protective order on or before 5/13/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/09/2021. Text Only Entry(stvlc1, )
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Filing 9
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Slack Technologies, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Ranney, Christine)
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Filing 8
SUMMONS Returned Executed by Ginegar LLC. Slack Technologies, Inc. served on 2/22/2021, answer due 3/15/2021. (Hyland, Jon)
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Filing 7
ORDER Setting Scheduling Conference for 4/29/2021 09:15 AM before Magistrate Judge Scott T. Varholak. Consent Form due by 4/15/2021. Proposed Scheduling Order due 4/22/2021, by Magistrate Judge Scott T. Varholak on 2/22/2021. (jgonz, )
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Filing 6
SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (alave, )
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Filing 5
Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (alave, )
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Filing 4
Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (alave, )
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Filing 3
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent KMizra, LLC for Ginegar LLC. (Hyland, Jon)
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Filing 2
SUMMONS REQUEST as to Slack Techologies, Inc. re #1 Complaint, by Plaintiff Ginegar LLC. (Hyland, Jon)
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Filing 1
COMPLAINT against Slack Technologies, Inc. (Filing fee $ 402,Receipt Number 1082-7727059)Attorney Jon Bentley Hyland added to party Ginegar LLC(pty:pla), filed by Ginegar LLC. (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)(Hyland, Jon)
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