Radware, Inc. v. U.S. Telepacific Corp. d/b/a TPX Communications
| Radware, Inc. |
| U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS |
| PHV CHRISTOPHER CHORBA, PHV JOSHUA A. JESSEN and PHV MITCHELL C. SHELOWITZ |
| 5:2019cv03835 |
| July 2, 2019 |
| US District Court for the Northern District of California |
| William Alsup |
| Susan van Keulen |
| Lucy H Koh |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 47 Certificate of Interested Entities by Radware, Inc. identifying Corporate Parent Radware Ltd. for Radware, Inc.. (Attachments: #1 Certificate/Proof of Service)(Shustak, Erwin) (Filed on 8/15/2019) |
| Filing 46 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Radware, Inc. byU.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS. (Jessen, Joshua) (Filed on 8/7/2019) |
Filing 45
Order by Judge Lucy H. Koh Granting #44 Motion for Pro Hac Vice.(lhklc1, COURT STAFF) (Filed on 8/5/2019)
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| Filing 44 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13582718.) filed by Radware, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Certificate/Proof of Service)(Shelowitz, Mitchell) (Filed on 8/5/2019) |
| Filing 43 **CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the case reassignment to Hon. Lucy H. Koh, an Initial Case Management Conference is set for November 13, 2019 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due 7 days prior. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 8/2/2019) |
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Filing 42
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh for all further proceedings. Judge William Alsup no longer assigned to the 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 The Clerk on 8/1/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 8/1/2019)
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Filing 41
ORDER GRANTING #36 ADMINISTRATIVE MOTION FOR INTRADISTRICT TRANSFER TO SAN JOSE DIVISION by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 7/31/2019)
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| Filing 40 OPPOSITION/RESPONSE (re #36 ADMINISTRATIVE MOTION for Intra-District Transfer to San Jose Division Based on Forum Selection Clause ) filed byRadware, Inc.. (Attachments: #1 Certificate/Proof of Service)(Shustak, Erwin) (Filed on 7/26/2019) |
| Filing 39 STIPULATION To Extend Time For Defendant U.S. TelePacific Corp. To Answer Or Otherwise Respond To Plaintiffs Complaint filed by U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS and Radware, Inc. (Jessen, Joshua) (Filed on 7/25/2019) Modified on 7/26/2019 (amgS, COURT STAFF). |
| Filing 38 NOTICE of Appearance by Katherine S. DiDonato (DiDonato, Katherine) (Filed on 7/23/2019) |
| Filing 37 NOTICE of Appearance by Erwin Jay Shustak (Shustak, Erwin) (Filed on 7/23/2019) |
| Filing 36 ADMINISTRATIVE MOTION for Intra-District Transfer to San Jose Division Based on Forum Selection Clause filed by U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS. Responses due by 7/26/2019. (Attachments: #1 Declaration of Joshua A. Jessen, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Jessen, Joshua) (Filed on 7/22/2019) |
| Filing 35 Certificate of Interested Entities by U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS identifying Corporate Parent U.S. TelePacific Holdings Corp. for U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS. (Jessen, Joshua) (Filed on 7/22/2019) |
| Filing 34 NOTICE of Appearance by Joshua Aaron Jessen and Christopher Chorba (Jessen, Joshua) (Filed on 7/22/2019) |
| Filing 33 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/26/2019. Initial Case Management Conference set for 10/3/2019 11:00 AM in San Francisco, Courtroom 12, 19th Floor. (Attachments: #1 Notice of Eligibility for Video Recording, #2 Standing Order, #3 Standing Order)(amgS, COURT STAFF) (Filed on 7/2/2019) |
| Filing 32 Case transferred in from District of New Jersey; Case Number 2:18-cv-17266. Original file certified copy of transfer order and docket sheet received. |
| Filing 31 Transcript of Hearing held on May 15, 2019, before Magistrate Judge Leda Dunn Wettre. Transcriber: King Transcription Services (973-237-6080). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Transcription Agency due, but not filed, by 7/10/2019. Redacted Transcript Deadline set for 7/22/2019. Release of Transcript Restriction set for 9/17/2019. (jml, ) |
| Filing 29 Memorandum and OPINION. Signed by Magistrate Judge Leda D. Wettre on 6/11/2019. (byl) |
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Filing 30
Order Granting #16 Motion to transfer case to District of USDC, Northern District of California and Dismissing Motion to Dismiss for Lack of Jurisdiction as Moot. Signed by Magistrate Judge Leda D. Wettre on 6/11/2019. (byl)
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| Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Motion Hearing held on 5/15/2019 re #16 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS, on the record. (CD #ECR.) (kd) |
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Filing 28
ORDER granting #27 Letter request and permitting Joshua A. Jessen to participate in oral argument for Defendant's Motion to Dismiss. Signed by Magistrate Judge Leda D. Wettre on 4/22/2019. (byl)
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| Filing 27 Letter from Marshall R. King to the Honorable Leda Dunn Wettre re: permission for Joshua A. Jessen to participate in Oral Argument. (Attachments: #1 Certificate of Service)(KING, MARSHALL) |
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Filing 26
TEXT ORDER - In Person Oral Argument on the Motion to Dismiss is set for 5/15/2019 at 2:00 pm in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre.So Ordered by Magistrate Judge Leda D. Wettre on 4/1/2019. (kd)
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| Filing 25 RESPONSE in Support filed by U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS re #16 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Declaration of Jared Martin, #2 Exhibit A to Jared Martin Declaration, #3 Exhibit B to Jared Martin Declaration, #4 Exhibit C to Jared Martin Declaration, #5 Exhibit D to Jared Martin Declaration, #6 Exhibit E to Jared Martin Declaration, #7 Exhibit F to Jared Martin Declaration, #8 Declaration of Erik Nordquist, #9 Exhibit A to Erik Nordquist Declaration, #10 Exhibit B to Erik Nordquist Declaration, #11 Declaration of Josh Jessen, #12 Exhibit A to Josh Jessen Declaration, #13 Certificate of Service)(KING, MARSHALL) |
| Pro Hac Vice counsel, MITCHELL C. SHELOWITZ, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (byl) |
| Filing 24 Notice of Request by Pro Hac Vice Mitchell C. Shelowitz to receive Notices of Electronic Filings. (POLLACK, STEVEN) (Main Document 24 replaced on 3/18/2019) (byl, ). |
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Filing 23
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TPX TO FILE REPLY IN SUPPORT OF ITS MOTION TO DISMISS PLAINTIFF'S COMPLAINT, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE; that TPx shall file its Reply in support of TPx's Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction, or, in the Alternative to Transfer Venue by March 18, 2019. Signed by Magistrate Judge Leda D. Wettre on 3/8/2019. (ld, )
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| Filing 22 STIPULATION re #16 MOTION to Dismiss for Lack of Jurisdiction and [Proposed] Order Extending Time for Defendant TPX to File Reply in Support of its Motion to Dismiss Plaintiff's Complaint, or, in the Alternative, to Transfer Venue and Continuing Motion Day to April 1, 2019 by U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS. (Attachments: #1 Certificate of Service)(KING, MARSHALL) |
| Filing 21 DECLARATION of David Anderson Annexing Exhibits 16-18 re #19 Brief in Opposition to Motion, corrected version supplanting Docket Entry No. 19-2, by RADWARE, INC.. (Attachments: #1 Certificate of Service)(POLLACK, STEVEN) |
| Filing 20 Certification of Service on behalf of RADWARE, INC. Re #19 Brief in Opposition to Motion,. (POLLACK, STEVEN) |
| Filing 19 BRIEF in Opposition filed by RADWARE, INC. re #16 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Declaration of Mitchell C. Shelowitz Annexing Exhibits 1-15, #2 Declaration of David Anderson Annexing Exhibits 16-18, #3 Declaration of Gil Givoly Annexing Exhibits 19-22)(POLLACK, STEVEN) |
| Pro Hac Vice fee as to MITCHELL C SHELOWITZ: $ 150, receipt number NEW038882 (dam, ) |
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Filing 18
TEXT ORDER The extension request in ECF No. 17 is hereby GRANTED. So Ordered by Magistrate Judge Leda D. Wettre on 2/24/19. (Wettre, Leda)
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| Set Deadlines as to #16 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 3/18/2019 before Judge Susan D. Wigenton. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dam, ) |
| Filing 17 Letter from Plaintiff. (POLLACK, STEVEN) |
| Pro Hac Vice fee as to JOSHUA JESSEN: $ 150, receipt number NEW038700 (dam, ) |
| Pro Hac Vice fee as to CHRISTOPHER CHORBA: $ 150, receipt number NEW038710 (dam, ) |
| Pro Hac Vice counsel, JOSHUA A. JESSEN and CHRISTOPHER CHORBA, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dam, ) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction by U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS. Responses due by 3/4/2019 (Attachments: #1 Memorandum of Law, #2 Declaration of Jared Martin, #3 Exhibit A to Declaration of Jared Martin, #4 Declaration of Erik Nordquist, #5 Declaration of Joshua A. Jessen, #6 Exhibit A to Declaration of Joshua A. Jessen, #7 Exhibit B to Declaration of Joshua A. Jessen, #8 Exhibit C to Declaration of Joshua A. Jessen, #9 Text of Proposed Order, #10 Certificate of Service)(KING, MARSHALL) |
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Filing 15
ORDER granting #9 Plaintiff's Motion for Leave to Appear Pro Hac Vice as to MITCHELL C. SHELOWITZ, ESQ. etc. Signed by Magistrate Judge Leda D. Wettre on 2/6/2019. (dam, )
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| Filing 14 Notice of Request by Pro Hac Vice Christopher Chorba to receive Notices of Electronic Filings. (KING, MARSHALL) |
| Filing 13 Notice of Request by Pro Hac Vice Joshua A. Jessen to receive Notices of Electronic Filings. (KING, MARSHALL) |
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Filing 12
ORDER granting #10 Defendant's Letter/Application for the Pro Hac Vice admission of CHRISTOPHER CHORBA, ESQ. etc. Signed by Magistrate Judge Leda D. Wettre on 2/1/2019. (dam, )
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Filing 11
ORDER granting #10 Defendant's Letter/Application for the Pro Hac Vice admission of JOSHUA A. JESSEN, ESQ. etc. Signed by Magistrate Judge Leda D. Wettre on 2/1/2019. (dam, )
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| Filing 10 Letter from Marshall R. King to the Honorable Lena Dunn Wettre re: request for admission Pro Hac Vice. (Attachments: #1 Certification of Marshall R. King, #2 Certification of Christopher Chorba, #3 Exhibit A to the Certification of Christopher Chorba, #4 Text of Proposed Order Granting Admission of Christopher Chorba Pro Hac Vice, #5 Certification of Joshua A. Jessen, #6 Exhibit A to the Certification of Joshua A. Jessen, #7 Exhibit B to the Certification of Joshua A. Jessen, #8 Text of Proposed Order Granting Admission of Joshua A. Jessen Pro Hac Vice, #9 Certificate of Service)(KING, MARSHALL) |
| Filing 9 First MOTION for Leave to Appear Pro Hac Vice by RADWARE, INC.. (Attachments: #1 Declaration Declaration of Mitchell C. Shelowitz in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Proposed Order)(POLLACK, STEVEN) |
| Set Deadlines as to #9 Plaintiff's First MOTION for Leave to Appear Pro Hac Vice . Motion set for 2/19/2019 before Judge Susan D. Wigenton. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (byl) |
| Filing 8 SUMMONS Returned Executed by RADWARE, INC.. U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS served on 12/19/2018, answer due 1/9/2019. (POLLACK, STEVEN) |
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Filing 7
STIPULATION AND ORDER Extending Time for Defendant to Respond to Plaintiff's Complaint. The deadline for TPx to answer, move, or otherwise respond to the Complaint is extended by 30 days. TPx shall answer, move or otherwise respond to the Complaint by 2/8/2019. etc. Signed by Magistrate Judge Leda D. Wettre on 12/27/2018. (dam, )
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| Filing 6 STIPULATION re #1 Complaint, - Stipulation and Proposed Order Extending Time to Answer, Move or otherwise Respond to the Complaint by U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS. (KING, MARSHALL) |
| Filing 5 Corporate Disclosure Statement by U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS identifying U.S. TelePacific Holdings Corp. as Corporate Parent.. (KING, MARSHALL) |
| Filing 4 NOTICE of Appearance by MARSHALL R. KING on behalf of U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS (KING, MARSHALL) |
| Filing 3 SUMMONS ISSUED as to U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (sm) |
| Filing 2 Corporate Disclosure Statement by RADWARE, INC. identifying Radware Ltd. as Corporate Parent.. (POLLACK, STEVEN) |
| Filing 1 COMPLAINT against U.S. TELEPACIFIC CORP. D/B/A TPX COMMUNICATIONS ( Filing and Admin fee $ 400 receipt number 0312-9246699) with JURY DEMAND, filed by RADWARE, INC.. (Attachments: #1 Exhibit The Agreements, #2 Exhibit 3/29/17 Email Chain, #3 Exhibit 3/29/17 Email, #4 Exhibit 3/3017 Purchase Order Email, #5 Exhibit Demand Letter, #6 Civil Cover Sheet)(POLLACK, STEVEN) |
| Case Assigned to Judge Susan D. Wigenton and Magistrate Judge Leda D. Wettre. (ak, ) |
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